PersonalWeb.com Privacy Policy & Terms of Use
This is the PersonalWeb.com Privacy Policy and Terms of Use. It applies only to your use of PersonalWeb.com. If you install the PersonalWeb software, the Privacy Policy and End User License Agreement for the PersonalWeb software will also apply to you.
Questions regarding the PersonalWeb.com Privacy Policy and Terms of Use should be directed by email to privacy@claria.com.
PersonalWeb.com Privacy Policy
- We do not collect any personally identifiable information simply because you view PersonalWeb.com.
- If you voluntarily submit personally identifiable information to us—for example, when you request technical support—we use that information only to respond to your request.
- Potential advertisers or partners can submit contact request forms and may be asked to participate in voluntary surveys designed to help us improve our business. If you submit a request form or participate in a survey, we will collect the information you submit (which may include name and business contact information) and use this information to contact you and for other business development purposes.
- As part of our ongoing efforts to improve PersonalWeb, you may be invited to participate in anonymous research—for example, a survey or panel. Claria, and any research vendors that may assist us, will use the information you provide solely for the purpose of conducting the research for which you volunteer.
- While you view PersonalWeb.com, our servers record the anonymous information your browser automatically sends to view any site, and other anonymous information about how you navigate PersonalWeb.com. We use this information to ensure the technical functioning of PersonalWeb.com and improve PersonalWeb.com and our products.
- The information we collect is stored and processed on Claria Corporation servers in the United States.
- If legally required to do so, we will disclose to a third party any information we have.
- This Privacy Policy may be changed from time to time. If we make a significant change to this policy, we will provide an appropriate online notice.
PersonalWeb.com Terms of Use
Use of PersonalWeb.com is subject to these Terms of Use. Because using any portion of PersonalWeb.com constitutes acceptance of these terms and conditions, please read them carefully. Terms defined in the PersonalWeb.com Privacy Policy shall have the same meaning when used here.
Your Use of Protected Content. Copyright laws may protect certain information, artwork, text, video, audio and pictures on PersonalWeb.com (collectively, "Content"). Content can be accessed only for personal or educational purposes and may not be used for any other purpose or modified without express written consent from Claria. Except as provided below, reproducing, republishing, posting, transmitting or distributing any Content on PersonalWeb.com is prohibited. Content on PersonalWeb.com can be printed for personal or educational purposes only, and any copyright notice originally included with such Content must appear on all copies.
Your Obligations. You agree not to use PersonalWeb.com to conduct any business or activity or solicit the performance of any activity that is prohibited by law or by any contractual provision by which you are bound. You agree to comply with all applicable laws, rules and regulations in connection with PersonalWeb.com.
Access and Interference. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of PersonalWeb.com.
Privacy. The PersonalWeb.com Privacy Policy is incorporated into these Terms. Our Privacy Policy governs the collection, use and disclosure of information we collect from you. The information we collect is stored and processed by Claria Corporation on its servers in the United States, and by using PersonalWeb.com you consent to any such transfer of information outside your country.
Links. PersonalWeb.com may contain links to Web sites operated by other parties. The linked Web sites are not under the control of Claria, and Claria is not responsible for the content available on any other Internet sites linked to PersonalWeb.com. Unless otherwise stated, such links do not imply Claria's endorsement of material on any other Web site, and Claria disclaims all liability with regard to your access to such linked Web sites. Your access to any other Internet sites linked to PersonalWeb.com is at your own risk. Unless otherwise set forth in a written agreement between you and Claria, you must adhere to Claria's linking statement as follows: (i) any link to PersonalWeb.com must be a text-only link clearly marked "PersonalWeb" (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Claria's names and trademarks, (iii) the link must "point" to the appropriate URL for PersonalWeb.com that you in fact link to and not to other pages, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Claria or any of its products or services, (v) when selected by a user, the link must display PersonalWeb.com full-screen, not within a "frame" on the linking Web site, and (vi) Claria reserves the right to revoke its consent to the link at any time and in its sole discretion.
Third-Party Content. Together with content links, PersonalWeb.com may contain the trademarks, service marks or copyrighted content of third parties. Claria does not claim right to, ownership of or association with the images and trademarks presented with content Links on PersonalWeb.com. All trademarks presented on PersonalWeb.com are those of their respective owners.
Disclaimer of Warranty. USE OF PERSONALWEB.COM AND ANY CONTENT AVAILABLE THEREON ("CLARIA-SUPPLIED MATERIALS") IS AT YOUR OWN RISK. CLARIA PROVIDES CLARIA-SUPPLIED MATERIALS ON AN "AS IS," "WHERE IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE PERSONALWEB.COM PRIVACY POLICY AND TERMS OF USE. CLARIA MAKES NO WARRANTY THAT (I) THE CLARIA-SUPPLIED MATERIALS ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CLARIA-SUPPLIED MATERIALS WILL BE RELIABLE; (III) THE CLARIA-SUPPLIED MATERIALS WILL IDENTIFY ANY IDENTITY THEFT, (IV) THE QUALITY OF ANY PRODUCTS OBTAINED OR PURCHASED THROUGH THE USE OF THE CLARIA-SUPPLIED MATERIALS WILL MEET YOUR EXPECTATIONS; OR (V) ANY ERRORS IN THE CLARIA-SUPPLIED MATERIALS WILL BE CORRECTED. THE ABOVE EXCLUSIONS MAY NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES.
Limitation of Liability. IN NO EVENT WILL CLARIA, ITS EMPLOYEES, DISTRIBUTORS, SUPPLIERS, MERCHANT PARTNERS, BUSINESS ASSOCIATES, ADVERTISERS, DIRECTORS OR AGENTS (COLLECTIVELY "PROTECTED PARTIES") BE LIABLE FOR ANY INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE CLARIA-SUPPLIED MATERIALS INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE SOFTWARE, SERVICE OR PERSONALWEB.COM, EVEN IF A PROTECTED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL PROTECTED PARTIES MAXIMUM CUMULATIVE LIABILITY UNDER THE PERSONALWEB.COM PRIVACY POLICY AND TERMS OF USE EXCEED ONE DOLLAR ($1.00). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CLARIA'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Applicable Law. The laws of the State of California will govern these Terms, without reference to conflicts of law principles. The parties hereby submit to the jurisdiction of, and waive any venue objections against, the state and federal courts in Santa Clara or San Mateo County, California. The United Nations Convention on Contracts for the Sale of Goods does not apply to these Terms.
Arbitration. Any claim or controversy arising out of or related to these Terms or the use of PersonalWeb.com shall be settled by binding arbitration in San Mateo County, California, in accordance with the rules of the American Arbitration Association. Where the total amount of the award sought is less than $10,000, such claim or controversy may be brought in small claims court in San Mateo County or, at the option of the plaintiff, it may be resolved through binding arbitration conducted by telephone, online and/or based solely upon written submissions where no in-person appearance is required. The foregoing shall not preclude Claria from seeking any injunctive relief for protection of Claria's intellectual property rights.
General. These Terms set forth the entire understanding and agreement between you and Claria with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby. You may not assign these Terms without our consent.
Legal Notices. Copyright © Claria Corporation and/or its licensors, 2005, all rights reserved. PersonalWeb is a trademark of Claria Corporation.