Statement of Rights and Responsibilities
By using or accessing Saying-Hello Services, you agree to this Statement, as updated from time to time in accordance with Section 13 below.
1. Privacy
Your privacy is very important to us. We do not share your information with anyone. We don’t sell it or share it at all. Unless required under a federal law.
2. Sharing Your Content and Information
You own all of the content and information you post on Saying-Hello. In addition:
1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, to share it with other site members and printout and send it to the recipient inmate.
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
3. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you.
4. When you publish content or information to the Timeline, it means that you are allowing all site members to access and use that information, and to associate it with you (i.e., your name).
5. We always appreciate your feedback or other suggestions about Saying-Hello, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
3. Safety
We do our best to keep Saying-Hello safe, but we cannot guarantee it. We need your help to keep Saying-Hello safe, which includes the following commitments by you:
1. You will not post unauthorized commercial communications (such as spam) on Saying-Hello.
2. You will not collect users' content or information, or otherwise access Saying-Hello, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
3. You will not upload viruses or other malicious code.
4. You will not solicit login information or access an account belonging to someone else.
5. You will not bully, intimidate, or harass any user.
6. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
7. You will not use Facebook to do anything unlawful, misleading, malicious, or discriminatory.
8. You will not do anything that could disable, overburden, or impair the proper working or appearance of Saying-Hello, such as a denial of service attack or interference with page rendering or other Saying-Hello functionality.
9. You will not facilitate or encourage any violations of this Statement or our policies.
4. Registration and Account Security
Saying-Hello users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1. You will not provide any false personal information on Saying-Hello, or create an account for anyone other than yourself without permission.
2. If we disable your account, you will not create another one without our permission.
3. You will not use Saying-Hello if you are under 13.
4. You will keep your contact information accurate and up-to-date.
5. You will not share your passwork or let anyone else access your account, or do anything else that might jeopardize the security of your account.
6. You will not transfer your account (including any microsite you administer) to anyone without first getting our written permission.
5. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
1. You will not post content or take any action on Saying-Hello that infringes or violates someone else's rights or otherwise violates the law.
2. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
3. You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
4. If you collect information from users, you will: obtain their consent, make it clear you (and not Facebook) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
5. You will not post anyone's identification documents or sensitive financial information on Facebook.
6. You will not tag users or send email invitations to non-users without their consent. Facebook offers social reporting tools to enable users to provide feedback about tagging.
6. Mobile and Other Devices
1. We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
2. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Saying-Hello.
7. Special Provisions Applicable to Software
1. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless we give you express written permission.
8. Amendments
1. We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
2. If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on the website.
3. Your continued use of the Saying-Hello Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
9. Termination
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Saying-Hello to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
10. Disputes
1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Facebook exclusively in the U.S. District Court for New York or a state court located in Ulster County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of New York will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
2. If anyone brings a claim against us related to your actions, content or information on Saying-Hello, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Facebook and are not responsible for the content or information users transmit or share on Saying-Hello. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Facebook. We are not responsible for the conduct, whether online or offline, of any user of Saying-Hello.
3. WE TRY TO KEEP SAYING-HELLO UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING SAYING-HELLO AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SAYING-HELLO WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT FACEBOOK WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. SAYING-HELLO IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR SAYING-HELLO, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR SAYING-HELLO WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SAYING-HELLO'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
11. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Saying-Hello outside the United States:
1. You consent to having your personal data transferred to and processed in the United States.
2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Saying-Hello (such as commissary payments) or operate a Platform application or website. You will not use Facebook if you are prohibited from receiving products, services, or software originating from the United States.
3. Certain specific terms that apply only for German users can be researched online.
12. Definitions
1. By "Saying-Hello" or” Saying-Hello Services” we mean the features and services we make available, including through (a) our website at www.inmates.saying-hello.com and any other Saying-Hello branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Saying-Hello reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.
2. By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Saying-Hello or provide data to us.
3. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Saying-Hello.
4. By "content" we mean anything you or other users post, provide or share using Saying-Hello Services.
5. By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Saying-Hello or provide to Saying-Hello through Platform.
6. By "post" we mean post on Saying-Hello or otherwise make available by using Saying-Hello.
7. By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
8. By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
9. By “Trademarks” we mean the Saying-Hello trademark.
13. Other
1. If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and Saying-Hello, Inc. Otherwise, this Statement is an agreement between you and Saying-Hello Ireland Limited. References to “us,” “we,” and “our” mean either Saying-Hello, Inc. or Saying-Hello Ireland Limited, as appropriate.
2. This Statement makes up the entire agreement between the parties regarding Saying-Hello, and supersedes any prior agreements.
3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
4. If we fail to enforce any of this Statement, it will not be considered a waiver.
5. Any amendment to or waiver of this Statement must be made in writing and signed by us.
6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
7. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
8. Nothing in this Statement shall prevent us from complying with the law.
9. This Statement does not confer any third party beneficiary rights.
10. We reserve all rights not expressly granted to you.
11. You will comply with all applicable laws when using or accessing Saying-Hello.
By using or accessing Saying-Hello Services, you agree that we can collect and use such content and information.
To access the Statement of Rights and Responsibilities in several different languages, change the language setting for your Facebook session by clicking on the language link in the left corner of most pages. If the Statement is not available in the language you select, we will default to the English version.