Privacy Policy and User Agreement

 

1. Introduction

1.1 Contract

Services

This Contract applies to your usage of AuthenticallyHuman.com, We’reNotBots.com, AI Disclosure Act.com,  Authentically Human LLC.com, branded apps or sites owned or operated by Authentically Human LLC, We’re Not Bots LLC, and AI Act LLC (collectively “Authentically Human Entities”) and other Authentically Human Entities related sites, apps, communications and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services, such as our ads and the “Join Authentically Human” and “Share with Authentically Human” plugins. Registered users of our Services are “Members” and unregistered users are “Visitors”.

When you use our Services, you agree to all of these terms. Your use of our Services is also subject to our Cookie Policy and our Ad Policy, which covers how we collect, use, share, and store your personal information.

You agree that by clicking “Join Now”, “Join Authentically Human LLC”, “Sign Up” or similar links, or otherwise register, access or use our Services, you are personally entering into a legally binding contract with Authentically Human Entities (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not register, access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account provided that you no longer access or use any of our Services.

1.2 Members and Visitors

This Contract applies to Members and Visitors.

When you register and join the Services, you become a “Member”. If you have chosen not to register for our Services, you may access certain features as a “Visitor” but you will not be provided with full access to the Services.

As a Visitor or Member of our Services, the collection, use and sharing of your personal data is subject to this Contract (which includes our Cookie Policy and other documents referenced in this Contract) and updates.

1.3 Change

We may make changes to the Contract.

We may modify this Contract, Limited Use License, Copyright Policy, Ad Policy, and our Cookies Policy from time to time. 

If we make material changes to it, we will alert you regarding the changes by updating the “Last updated” date of these Terms and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. Your continued use of our Services after we update these Terms means that you are consenting to the updated terms as of their effective date.

2. Data We Collect

2.1 Data You Provide To Us

You provide data to create an account with us.

Registration

To create an account, you need to provide data including your name, email address and/or mobile number, and a password. If you register for a Premium Service (as defined herein), you will need to provide payment (e.g., credit card) and billing information. When you register, you agree to (i) provide accurate, current and complete information about yourself as prompted by our registration form; and (ii) maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, you will have materially breached these Terms, and we reserve the right to terminate your Account and use of the Service.

You can create your Authentically Human Entities profile (a complete profile helps you get the most from our Services):

Profile

You can create a profile on the Services with your personal information. You have choices about what information you would like included on your profile, such as your education, work experience, skills, photo, city or area and products. You don’t have to provide additional information on your profile; however, profile information helps you to get more from our Services, including helping businesses find you. Please note, however, by including information on your profile, you are making such information publicly available. It’s your choice whether to include sensitive information on your profile and to make that sensitive information public. Please do not post or add personal data to your profile that you would not want to be publicly available.

You can also provide us with other data, such as by syncing your address book or calendar.

Posting and Uploading

We collect personal data from you when you provide, post or upload it to our Services, such as when you fill out a form, (e.g., with demographic data or pricing), or respond to a survey.

You don’t have to post or upload personal data; though if you don’t, it may limit your ability to grow and engage with your network over our Services.

2.2 Data From Others

Others may post or write about you.

Content and News

You and others may post content that includes information about you (as part of articles, posts, comments, videos) on our Services. We also may collect public information about you, such as professional-related news and accomplishments, and make it available as part of our Services, including, as permitted by your settings, in notifications to others of mentions in the news. Authentically Human Entities are not responsible for any content provided by third parties and/or of the content of original articles or information republished through the Services. You have the right to remove any content from your profile and/or the Services and/or to notify Authentically Human Entities of any objection to such content. Such objection must be sent to hello@AuthenticallyHuman.com.

Customers and partners may provide data to us.

Partners

We receive personal data (e.g., your title and email address) about you when you use the services of our customers and partners, such as prospective business partners.

Related Companies and Other Services

We receive data about you when you use some of the other services provided by us or our affiliates, including Microsoft. 

2.3 Service Use

We log your visits and use of our Services, including mobile apps.

We log usage data when you visit or otherwise use our Services, including our sites, app and platform technology, such as when you view or click on content (e.g., news feeds) or ads (on or off our sites and apps), perform a search, install or update one of our mobile apps, share articles or apply for jobs. We use log-ins, cookies, device information and internet protocol (“IP”) addresses to identify you and log your use.

2.4 Cookies and Similar Technologies

We collect data through cookies and similar technologies.

As further described in our Cookie Policy, we use cookies and similar technologies (e.g., pixels and ad tags) to collect data (e.g., device IDs) to recognize you and your device(s) on, off and across different services and devices where you have engaged with our Services. We also allow some others to use cookies as described in our Cookie Policy. If you are outside the Designated Countries (as defined in the Cookie Policy), we also collect (or rely on others who collect) information about your device where you have not engaged with our Services (e.g., ad ID, IP address, operating system and browser information) so we can provide our Members with relevant ads and better understand their effectiveness.

2.5 Your Device and Location

We receive data through cookies and similar technologies

When you visit or leave our Services (including some plugins and our cookies or similar technology on the sites of others), we receive the URL of both the site you came from and the one you go to and the time of your visit. We also get information about your network and device (e.g., IP address, proxy server, operating system, web browser and add-ons, device identifier and features, cookie IDs and/or ISP, or your mobile carrier). If you use our Services from a mobile device, that device will send us data about your location based on your phone settings. We will ask you to opt-in before we use GPS or other tools to identify your precise location.

2.6 Sites and Services of Others

We get data when you visit sites that include our ads, cookies or some of our plugins or when you log-in to others’ services with your Authentically Human LLC account.

We receive information about your visits and interaction with services provided by others when you log-in with Authentically Human LLC or visit others’ services that include some of our plugins or our ads, cookies or similar technologies.

2.7 Other

We are improving our Services, which means we get new data and create new ways to use data.

Our Services are dynamic, and we often introduce new features, which may require the collection of new information. If we collect materially different personal data or materially change how we collect, use or share your data, we will alert you  through a modification of this Contract.

3. How We Use Your Data

We use your data to provide, support, personalize and develop our Services.

How we use your personal data will depend on which Services you use, how you use those Services and the choices you make in your settings. We use the data that we have about you to provide and personalize our Services, including with the help of automated systems and inferences we make, so that our Services (including ads) can be more relevant and useful to you and others.

3.1 Our Services

Our Services help you connect with others, find and be found for work and business opportunities, stay informed, get training and be more productive.

We use your data to authorize access to our Services and honor your settings.

Stay Informed

Our Services allow you to stay informed about news, events and ideas regarding professional topics you care about, and from professionals you respect. We use the data we have about you (e.g., data you provide, data we collect from your engagement with our Services and inferences we make from the data we have about you), to personalize our Services for you, such as by recommending or ranking relevant content and conversations on our Services. We use your content, activity and other data, including your name and photo, to provide notices to your network and others. For example, subject to your settings, we may notify others that you have updated your profile, posted content, or were mentioned in the news.

Productivity

Our Services allow you to collaborate with colleagues, search for potential clients, customers, partners and others to do business with. Our Services allow you to communicate with other Members and schedule and prepare meetings with them.

4. How We Share Information

4.1 Our Services

Any data that you include on your profile and any content you post or social action (e.g., likes, follows, comments, shares) you take on our Services will be seen by others, consistent with your settings.

Profile

Your profile is fully visible to all Members and customers of our Services. Subject to your settings, it can also be visible to others on or off of our Services (e.g., Visitors to our Services or users of third- party search engines). 

Posts and Comments

Our Services allow viewing and sharing information including through posts and comments.

  • When you share a post (e.g., an update, image, video) publicly it can be viewed by everyone and re-shared anywhere. Members, Visitors and others will be able to find and see your publicly-shared content, including your name (and photo if you have provided one).
  • Any information you share through companies’ or other organizations’ pages on our Services will be viewable by it and others who visit those pages.
  • Subject to your settings, we let a Member know when you view their profile.

4.2 Related Services

We share your data across our different Services and Authentically Human LLC affiliated entities.

We will share your personal data with our affiliates to provide and develop our Services. We may combine information internally across the different Services covered by this Contract to help our Services be more relevant and useful to you and others. For example, we may personalize your feed or partner recommendations based on your history.

4.3 Service Providers

We may use others to help us with our Services.

We use others to help us provide our Services (e.g., maintenance, analysis, audit, payments, fraud detection, marketing and development). They will have access to your information as reasonably necessary to perform these tasks on our behalf and are obligated not to disclose or use it for other purposes.

4.4 Legal Disclosures

We may need to share your data when we believe it’s required by law or to help protect the rights and safety of you, us or others.

It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you; (3) investigate and defend ourselves against any third-party claims or allegations; (4) protect the security or integrity of our Services (such as by sharing with companies facing similar threats); or (5) exercise or protect the rights and safety of Authentically Human LLC, our Members, personnel or others. We attempt to notify Members about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.

4.5 Change in Control or Sale

We may share your data when our business is sold to others, but it must continue to be used in accordance with this Contract.

We can also share your personal data as part of a sale, merger or change in control, or in preparation for any of these events. Any other entity which buys us or part of our business will have the right to continue to use your data, but only in the manner set out in this Contract unless you agree otherwise; provided that such Contract may be modified as provided herein.

5. Obligations

5.1 Service Eligibility

Here are some promises that you make to us in this Contract:

You’re eligible to enter into this Contract and you are at least our “Minimum Age.”

The Services are not for use by anyone under the age of 13.

To use the Services, you agree that: (1) you must be the “Minimum Age”(described below) or older; (2) you will only have one account on any Authentically Human Entities site or app, which must be in your real name; and (3) you are not already restricted by any Authentically Human Entity from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 13.

“Minimum Age” means 13 years old. However, if law requires that you must be older in order for Authentically Human LLC to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age. ( See California Consumer Privacy Act )

5.2 Your Account

You will keep your password a secret.

You will not share an account with anyone else and will follow our rules and the law.

Members are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account (e.g., connections) and (3) follow the law and our list of Dos and Don’ts. You are responsible for anything that happens through your account.  If you use the Service, you are responsible for maintaining the confidentiality of your login information and for restricting access to the Service, and you agree to accept responsibility for all activities that occur under your Account or password. You may not assign or otherwise transfer your Account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account.

As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use, the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account subject to any contractual obligation between you and that third party.

5.3 Payment & Subscriptions

You’ll honor your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices.

Refunds are subject to our policy.

If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:

  1. Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).  We will calculate and collect taxes payable by you based on the billing information that you provide us at the time of purchase. 
  2. When purchasing your subscription to the Authentically Human Stamp Sets, you may be presented with different sets or options (each a “Stamp Sets”). Different Stamp sets or other offerings, such as a Stamp Set Bundle (as defined below), may be subject to differences in pricing, usage rules, eligibility, restrictions, features, and availability. Notice of the terms of the for each Stamp Set and/or Stamp Set Bundle will be provided to you at the time you register.
  3. Subscription Billing and Auto-Renewal. Your subscription to the Stamp Sets includes enrollment into an ongoing/recurring payment plan. Your subscription will automatically renew at the end of the Billing Period (as defined below) for the same length as your initial Billing Period, unless cancelled in accordance with the instructions for cancellation below. Payment will be charged in advance for each Billing Period to your chosen payment method at confirmation of purchase and at the start of every new Billing Period, unless cancelled in compliance with the cancellation method below. When you provide a payment method, we will attempt to verify the information you entered by processing an authorization hold. We do not charge you in connection with this authorization hold, but your available balance or credit limit may be reduced. Your “Billing Period” is the interval of time between each recurring billing date and corresponds to the term of your subscription. For purposes of this Agreement, a “day” or “date” begins at 12:00 a.m. Eastern Standard Time and ends at 11:59 p.m. Eastern Standard Time of that same calendar day. Where applicable, charges for one or more Services may be prorated for any partial month of Services. To see your next recurring billing date, log in to your account and view your account details. You acknowledge that the timing of when you are billed may vary if your subscription began on a day not contained in a given year (e.g. if you became a paying subscriber on February 29 on a leap year, your payment method would be billed next on March 1), or due to free trials and other promotional offers, gift card redemptions, credits applied, or changes in your subscription or payment method. We may also offer you the ability to pause your subscription for a specified period of time. If you do not cancel before the end of the pause period, billing will resume automatically. We reserve the right to change our pricing. In the event of a price change, we will attempt to notify you in advance of the change by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that email and below. If you do not timely cancel your subscription, your subscription will be renewed at the increased price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. We will not be able to notify you of any changes in applicable taxes. 
  4. Free Trials and Promotions. Your subscription to the Services may begin with a free trial. Availability of a free trial is not guaranteed and, if one is available, is only available on the specified terms of the free trial. Eligibility for free trials may vary based on factors including the Stamp Sets selected, how recently you redeemed a free trial, and whether the Stamp Sets is part of a combined offering. Certain limitations may also exist with respect to combining free trials with any other offers. Your first payment will be charged to your chosen payment method immediately following the free trial, unless cancelled in accordance with the instructions for cancellation below. You can cancel your subscription at any time before the end of your free trial. We provide notice of the terms of the free trial at the time you register and you will not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun, unless required by law in particular jurisdictions or instances. We may also offer, in our sole discretion, promotions (e.g., a promotional price, bundled subscription, or gift card) subject to promotional terms disclosed during your registration or in other materials provided to you. We will begin billing the same payment method we otherwise have on-file for your subscription at the then-current, non-promotional price after your promotion ends unless you cancel prior to the end of your promotion. 
  5. Cancellation and Refund Policy. You can cancel your subscription at any time the automatic renewal of the Billing Period only before the end of the current Billing Period. You may also cancel your subscription during any free trial or promotion provided that you cancel prior to the end of the free trial and/or promotion. Cancellation will take effect at the end of the current Billing Period, free trial period, or promotion period, as applicable, unless otherwise disclosed. If you cancel, you will continue to have access to the Stamp Set through the end of your current Billing Period, unless you are subscribed through a free trial, promotional code or other credit, in which case cancellation shall be effective immediately and you will no longer be provided with access to the Stamp Set. You must cancel your subscription prior to 11:59 p.m. Eastern Standard Time on the day before your next recurring billing date in order to avoid being charged for the next Billing Period. All payments are due for each Billing Period in advance and we do not refund or credit for partially used Billing Periods,. If you cancel, you will forfeit the use of the Authentically Human Stamps, in any and all forms, colors and variations, on any product or service upon which you have added the subscription Stamp Sets. You may, however, download the Free set of Authentically Human Stamp Set and replace the canceled Stamp Sets with the Free set of Authentically Human Stamps, as per the Limited Use License for the Free Authentically Human Stamps. To cancel your subscription to the Stamp Sets, log into your Authentically Human account and follow the instructions on your account page.
  6. Payment Details. We will keep your detailed payment information, such as credit card number and expiry date, on file with our third party vendor. You are responsible for keeping your payment details up-to-date by changing the details in your account settings. Where your details change or are due to expire, we may obtain or receive from your payment provider updated payment details including your card number, expiry date and 0/V (or equivalent). This enables us to continue to provide you access to the Stamp Sets. You authorize us to continue to charge your card using the updated information. In the event of a failed attempt to charge to your payment method (e.g. if your payment method has expired), we reserve the right to retry billing your payment method. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we shall suspend or terminate your subscription. You will remain responsible for any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs. You also agree that we may charge your payment method on file if you decide to restart your Authentically Human Stamp Sets subscription.
  7. Stamp Set Bundle Subscription Options. We may offer an Authentically Human Stamp Set Bundle subscription with other Stamp Sets. Notice of the terms of the bundled subscription options will be provided to you at the time you register. Third-party subscriptions, products, and services are governed by terms of use issued by those third parties.
  8. Third Party Ads and Services. We take no responsibility for and do not endorse any third-party advertisements or any third-party material posted where the Stamps Sets are available, nor do we take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers while using the Stamp Sets, including through engaging with interactive advertisements, are between you and the advertiser, and you agree that we are not liable for any loss or claim that you may have against an advertiser. If you provide any confidential or personal information or engage in any transaction through an advertisement, we are not responsible for such information or transaction and we encourage you to read the terms of use and privacy policy of the advertiser or other party collecting such information or engaging in such transaction.

You can get a copy of your invoice through your Authentically Human LLC account by contacting Authentically Human Entities, per Section 13 of this Contract.

5.5 Notices and Messages

You’re okay with us providing notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices.

You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date and you will be deemed to have accepted and be aware of the content of all notices and/or messages provided to the contact information you provided to us.

Please review your settings to control and limit messages you receive from us.

6. Rights and Limits

6.1. Your License to Authentically Human LLC

You own all of the content, feedback and personal information you provide to us, but you also grant us a non-exclusive license to it.

We’ll honor the choices you make about who gets to see your information and content, including how it can be used for ads.

As between you and Authentically Human LLC, you own the content and information that you submit or post to the Services, and you are only granting Authentically Human LLC and our affiliates the following non-exclusive license:

A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

  • You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
  • We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, we have the right, without payment to you or others, to serve ads near your content and information, as noted in the Contract. If you use a Service feature, we may mention that with your name or photo to promote that feature within our Services, subject to your settings.
  • While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.

You and Authentically Human LLC agree that if content includes personal data, it is subject to our Contract.

Any Authentically Human Entity  may access, store, process and use any information and personal data that you provide in accordance with, the terms of the Contract and your choices (including settings).

By submitting suggestions or other feedback regarding our Services to an Authentically Human Entity, you agree that every Authentically Human Entity can use and share (but does not have to) such feedback for any purpose without compensation to you.

You promise to only provide information and content that you have the right to share, and that your profile will be truthful.

You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. An Authentically Human Entity may be required by law to remove certain information or content in certain countries.

6.2 Service Availability

We may change or end any Service or modify our prices prospectively.

We may change, suspend or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.

We don’t promise to store or keep showing any information and content that you’ve posted. The Services is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in  this Contract.

6.3 Other Content, Sites and Apps

Your use of others’ content and information posted on our Services, is at your own risk.

Others may offer their own products and services through our Services, and we aren’t responsible for those third-party activities.

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. No Authentically Human Entity is responsible for reviewing content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in the news.

Authentically Human Entities may help connect Members offering their services (copy writing, painting, lyrics, etc.) with Members seeking services. No Authentically Human Entity performs nor employs individuals to perform these services. You must be at least 18 years of age to offer, perform or procure these services. You acknowledge that no Authentically Human Entity supervise, direct, control or monitor Members in the performance of these services and agree that (1) no Authentically Human Entity is  responsible for the offering, performance or procurement of these services, (2) no Authentically Human Entity endorses any particular Member’s offered services, and (3) nothing shall create an employment, agency, or joint venture relationship between any Authentically Human Entity and any Member offering services. If you are a Member offering services, you represent and warrant that you have all the required licenses to provide these services.

6.4 Limits

We have the right to limit how you connect and interact on our Services.

Authentically Human Entities reserve the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. Authentically Human Entities reserve the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services (e.g., violating any of the Dos and Don’ts).

6.5 Intellectual Property Rights

We’re providing you notice about our intellectual property rights.

Authentically Human Entities reserves all of their respective intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Authentically Human Entities names, stamps, and  logos and other Authentically Human LLC trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of Authentically Human LLC.

6.6 Automated Processing

We use data and information about you to make relevant suggestions to you and others.

We use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant. 

7. Disclaimer and Limit of Liability

7.1 No Warranty

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.

AUTHENTICALLY HUMAN ENTITIES AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, AUTHENTICALLY HUMAN LLC AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

NEITHER WE, NOR ANY OF OUR AFFILIATES, DIRECTORS, MEMBERS, OFFICERS, OR EMPLOYEES, NOR ANY THIRD-PARTY CONTRIBUTOR OR VENDOR WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE SITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS SITE OR THE DATA CONTAINED THEREIN AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE OR THESE MATERIALS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN OUR CONTROL OR THE CONTROL OF ANY VENDOR OR OTHER THIRD PARTY PROVIDING CONTENT, SOFTWARE, OR SERVICES SUPPORT. IN NO EVENT WILL WE, OUR AFFILIATES, DIRECTORS, MEMBERS, OFFICERS, EMPLOYEES, OR ANY SUCH VENDORS OR THIRD PARTIES BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND EVEN IF WE OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

7.2 Exclusion of Liability

These are the limits of legal liability we may have to you.

TO THE FULLEST EXTENT PERMITTED BY LAW EACH AUTHENTICALLY HUMAN ENTITY, AND ITS AFFILIATES, DIRECTORS, MEMBERS, OFFICERS, OR EMPLOYEES WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.

EACH AUTHENTICALLY HUMAN ENTITY, AND ITS AFFILIATES, DIRECTORS, MEMBERS, OFFICERS, OR EMPLOYEES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO AUTHENTICALLY HUMAN LLC FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) US $1.00.

7.3 Basis of the Bargain; Exclusions

The limitations of liability in this Section 7 are part of the basis of the bargain between you and each Authentically Human Entity and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if an Authentically Human Entity or their respective  affiliates, directors, members, officers, or employees have been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

8. Termination

We can each end this Contract, but some rights and obligations survive.

Both you and Authentically Human LLC may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

  1. Our rights to use and disclose your feedback;
  2. Members and/or Visitors’ rights to further re-share content and information you shared through the Services;
  3. Sections 7, 8(c), 8(d), 9, 10, and 11.2 of this Contract;
  4. Any amounts owed by you to any Authentically Human Entity prior to termination remain owed after termination.

In addition to any and all other available remedies, any Authentically Human Entity may, without notice, suspend and/or terminate your use of, access to, and/or participation in the Applications/Services if you are in breach or violation of these Terms. If an Authentically Human Entity terminates your membership due to your breach or violation of these Terms: (i) you forfeit all rights, title and interest in and/or to all unredeemed rewards, incentives and/or prizes, effective immediately upon termination; (ii) your membership will immediately be cancelled; and (iii) your access to, participation in and use of the Applications/Services (including, but not limited to, participation in survey projects) will immediately cease.

In addition, any Authentically Human Entity reserves the right to de-activate your membership account: (a) if your membership account does not remain Active (as defined herein); (b) if an Authentically Human Entity receives a hard bounce or delivery failure notice in regards to email communications sent by an Authentically Human Entity to the email account you have provided in your account; or (c) if an Authentically Human Entity receives a “mailbox full” reply notice three (3) times in regards to email communications sent by an Authentically Human Entity to your email account. For the purpose of these Terms, “Active” means that you: (i) participate in a survey at least once every six (6) months; or (ii) update your profile or member information at least once every six (6) months.

You can contact Authentically Human LLC, per Section 13 of this Contract, to close your account.

9. Governing Law and Dispute Resolution

In the unlikely event we end up in a legal dispute, depending on where you live, you and Authentically Human LLC agree to resolve it in courts located in Hamilton County, Ohio using Ohio law.

You, including those who live outside of the United States, and Authentically Human Entities agree that the laws of the State of Ohio, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and Authentically Human Entities both agree that all claims and disputes can be litigated only in the federal or state courts in Hamilton County, Ohio, USA, and you and Authentically Human Entities each agree to personal jurisdiction in those courts.

10. General Terms

Here are some important details about the Contract.

If a court with authority over this Contract finds any part of it unenforceable, you and Authentically Human Entities agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, Authentically Human Entities and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.

This Contract (including additional terms that may be provided by Authentically Human Entities when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

If we don’t act to enforce a breach of this Contract, that does not mean that any Authentically Human Entity has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Authentically Human Entities may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.

You agree that the only way to provide us legal notice is at the addresses provided in Section 13.

11. Authentically Human LLC “Dos and Don’ts”

Authentically Human LLC is a community of professionals. This list of “Dos and Don’ts” limit what you can and cannot do on our Services.

11.1. Dos

You agree that you will:

  • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
  • Provide accurate information to us and keep it updated;
  • Use your real name on your profile; and
  • Use the Services in a professional manner.

11.2. Don’ts

You agree that you will not:

  • Create a false identity on any site or app maintained by any Authentically Human Entity, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
  • Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services, or to manipulate the results of any survey, prize draw or contest;
  • Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
  • Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Authentically Human LLC;
  • Take any action to interfere with any Website(s) or an individual’s use of any Website, including, but not limited to, by overloading, “flooding”, “mail bombing” or “crashing” the Services;
  • Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
  • Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
  • Violate the intellectual property or other rights of any Authentically Human Entity, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the words “Authentically Human”, “We’re Not Bots”, “Authentically Human” or our logos in any business name, email, or URL; 
  • Post, send or transmit any viruses, corrupted data or any other harmful, disruptive or destructive code, file or information, including, but not limited to, spyware;
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
  • Imply or state that you are affiliated with or endorsed by any Authentically Human Entity without our express consent (e.g., representing yourself as an accredited Authentically Human Entity designer or using any of Authentically Human Entity Stamp except as expressly authorized under a Limited Use License);
  • Send unsolicited emails, including, but not limited to, promotions and/or advertising of products or services;
  • Open, use, or maintain more than one (1) membership account with an Authentically Human Entity; 
  • Forge or mask your true identity; 
  • Frame a portion(s) of any Service within another website or alter the appearance of any Service; 
  • Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Authentically Human Entities’ consent;
  • Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without Authentically Human Entities’ consent;
  • Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
  • Monitor the Services’ availability, performance or functionality for any competitive purpose;
  • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  • Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
  • Post or transmit any threatening, libelous, defamatory, obscene, pornographic, lewd, scandalous or inflammatory material or content or any material or content that could otherwise violate applicable laws;
  • Engage in any fraudulent activity, including, but not limited to, speeding through surveys, taking the same survey more than once, masking or forging your identity, submitting false information during the registration process, submitting false or untrue survey data, redeeming or attempting to redeem rewards, prizes and/or incentives through false or fraudulent means, and tampering with surveys;
  • Engage in any criminal or illegal act(s); 
  • Use Restricted Content (as defined herein) in violation or breach of these Terms; or 
  • Encourage and/or advise any individual, including, but not limited to, any Authentically Human employee, to commit any act(s) prohibited hereunder
  • Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
  • Violate any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.

You acknowledge and agree that any Authentically Human Entity will fully cooperate with all legal disclosure request(s) (e.g. court order or subpoena).

12. Complaints Regarding Content

Contact information for complaint about content provided by our Members.

We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members.

13. Notices

Notices to and from Authentically Human Entities should be handled in the following manner.

  1. Notice From You to Authentically Human. Except as otherwise set forth herein or as required by applicable laws, all notices to be sent or provided to Authentically Human Entities should: (i) be correctly addressed to the applicable business address, and shall be sufficiently delivered if delivered: (a) by Federal Express, Express Mail or other nationally or internationally recognized overnight courier service (in which case notice shall be effective one (1) business day following dispatch); or (b) by certified mail, return receipt requested, postage prepaid (in which case notice shall be effective six (6) days following deposit in mail); or (ii) be sent via email to the appropriate member services team for the appropriate Authentically Human Entity.
  2. Notice From Authentically Human to You. Except as otherwise required by applicable laws, you agree that any Authentically Human Entity may provide notices to you: (i) via the e-mail address provided by you to a Authentically Human Entity (in which case notice shall be effective one (1) day following the date the e-mail was sent, provided that Authentically Human did not receive an error message stating that delivery of the e-mail was delayed, that the e-mail address was invalid or that the e-mail otherwise could not be delivered); (ii) by certified mail, return receipt requested, postage prepaid addressed to the address provided by you to Authentically Human (in which case notice shall be effective six (6) days following deposit in the mail); or (iii) by posting notices on the applicable Website(s). You agree to check the applicable Website(s) frequently for notices and to keep your personal information up-to-date.
  3. Legal Notice. All questions regarding this Contract and all legal notices should be sent, in accordance with Section 13.A. of this Contract, to:

Authentically Human, LLC

6117 Campus Drive

Suite 30074

Cincinnati, Ohio 45230

Attn: Legal Team

Via email to: LEGAL@AuthenticallyHuman.com

14. How To Contact Us

Our Contact information. Our Help Center also provides information about our Services.

For general inquiries, you may contact us online. For legal notices or service of process, you may write us at the address in Section 13.

 

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