Azigo - Privacy Policy and Terms of Use

Privacy Policy and Terms of Service

This Privacy Policy and Terms of Service apply to the Azigo software and service offered by Parity Communications, Inc.

Azigo Privacy Policy

Last Updated: April 30, 2008

Version: 1.2

This document sets forth the Azigo privacy policy (the "Azigo Privacy Policy") of Parity Communications, Inc., a Delaware corporation ("Parity") for the Azigo Software (together with all prior and subsequent versions, and all patches and updates thereto, the "Software"), as well as all other Azigo services (provided directly or indirectly by Parity, including those services made available through application programmer interfaces (APIs) and services offered through third parties integrating Azigo functionality, the "Services"). This Azigo Privacy Policy forms part of the Terms of Service.

1 Parity's Privacy Principles

Your Information is your own and you decide who will have access to it.

Azigo acts as your agent, transmitting your information to web sites and people as per your specific instructions.

You may add, delete, or modify Your Information at any time.

Parity will not update or modify Your Information without your permission.

Parity will not sell, exchange, or otherwise share Your Information with third parties, unless required by law or in subject to your permission.

2 Information Collection and Use

2.1 Your Information

When you download the Software, and sign up for an Azigo account, or via third parties integrating Azigo functionality through our application programmer interfaces ("APIs") or otherwise, you may provide us with "Your Account Information," and "Your Information Cards," and "Your Information Card Credentials" -each described in detail below (collectively, "Your Information").

Your Account Information: A username and private password are required by Parity in order to provide you with the Azigo Software and Services. You may optionally provide an email address which we may use to enable a password reset process. You may also provide other information to Parity, including first and last name. The Azigo Software automatically collects certain information, such as the history of which information cards are used at which web sites. All of such information will become part of Your Account Information.

Your Information Cards: When you use the Software, you can import or create information cards that may store any kind of information about yourself. You may also import information cards issued by a third party, where the data is stored at the third party, and the information card acts as a pointer to the data. You may then choose to share Your Information Cards with web sites or individuals as you see fit.

Your Information Card Credentials: Some information cards require authentication credentials such as a username and password, which are separate from the Azigo account username and password. You may optionally configure Azigo to store these credentials for cards that require them.

We use Your Information to enable you to use the Software and Services. Specifically:

Your Account Information: This information is stored on Parity's secure servers. None of the information stored in Your Account Information will be shared with any third parties. All of this information may be used to personalize your Azigo experience.

Your Information Cards: You maintain Your Information Cards using the Software. You import cards from your computer or third-party web sites, or you create cards and specify the information that is contained on each of Your Information Cards using the Software. Third party web sites may ask for information contained on one of Your Information Cards. The Azigo Software will tell you which site is asking for the information, and will allow you to cancel the transaction or select which card to send to that site. When so instructed by you, the Azigo Software will retrieve the requested information, either from its own servers or from a third-party site in the case of a third-party issued card, and then send the requested information contained in the Your Information Card to the requesting site. Once sent to a requesting site, the information is no longer under the control of Azigo, and is no longer subject to this privacy policy. Parity encourages users to review the privacy policy of any site requesting information from one of Your Information Cards.

Your Information Card Credentials: Some third-party issued information cards require authentication credentials such as a username and password. The Azigo software gives you the option of allowing Azigo to remember these credentials, and to automatically transmit them to the card issuer for the purpose of retrieving card data. These Information Card Credentials will never be shared with any other party other than the issuer of the card for which you instruct us to store them.

Additionally, we may use Your Information:

For license reporting and assessment of service levels;

To better understand on an aggregated basis how our products are used, gauge traffic patterns and determine what types of content and services are most popular with users of our products and services;

To verify access rights to content, services or software;

To provide you with information about Parity products, services, news and events through the Software, or e-mail;

To allow you to purchase and download Parity products and services; and/or

To provide you with personalized content programming, instructions and services.

3 Cookies

In order to improve the Services and the Site, we use "cookies" when you are logged in. A cookie is a piece of data that is transferred to your browser by a Web server and can only be understood by the server that gave it to you. It functions as your computer's identification token and enables the Azigo Software to personalize your experience when you are signed in to the Site or the Software. If you reject the cookie, you may not be able to sign up for some of the Services or use certain features of the Site.
Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. (For some Web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those pages.)

While Azigo uses cookies to enable you to use the Services and the Site, and our Web servers automatically log the Internet Protocol ("IP") address of your computer, Parity does not use this information to identify you personally except to provide you with the features of the Services.

4 Log Files and Backups

Like most Internet services, we use log files, both on the client and server side. The data held in log files includes your IP address, browser type, Internet service provider ("ISP"), referring/exit Web pages, computer platform type, date/time stamp, and user activity. Parity uses server log data to analyze trends, administer the Services and the Site, and improve service levels. IP addresses are not tied to any Personally Identifiable Information.

The Software has associated log and temporary files that are stored on your local hard drive and on Parity's servers. These files store Your Account Information, your permissions, preference settings, system notifications as well as other data necessary to operate the Azigo Software. Your Information may also exist temporarily within regularly performed server backups. Parity retains backups for a period no greater than 90 days before deleting them subject to the terms of this Privacy Policy.

5 User Communications

We may send all new Users confirmation e-mails verifying the ownership of the e-mail addresses provided in Your Account Information. We also communicate with you to provide requested services and in regard to issues relating to your account.

Users may occasionally receive information on Parity products, services, news and events. Out of respect for your privacy, we present you with the option not to receive these communications. You may change your current setting by modifying your account preferences.

On rare occasions it is necessary to send out a strictly service-related announcement which is not promotional in nature. This announcement may notify you of changes to the Privacy Policy and/or Terms of Service, as well as planned service suspensions and outages. Generally, you may not opt-out of these communications, though you can deactivate your account. These notifications will generally be sent to a validated e-mail address for your account.

6 Links

The Software may present links to Web sites outside of Parity. Please be aware that Parity is not responsible for the privacy practices of such other Web sites. We encourage you to be aware when you leave the Site or link to other sites, to read the privacy policies of each and every site that collects personally identifiable information. This Privacy Policy applies solely to information collected in connection with the Azigo Offerings.

7 Children's Privacy

The Azigo Services, Software and Site do not target, are not intended for and may not be used by children under the age of 13. Parity does not knowingly collect information from children under the age of 13.

8 Government Authority

You should be aware that, as with all legal contracts, our Terms of Service and this Privacy Policy could be amended, terminated or modified without the consent of you and/or Parity by judicial proceeding, court order, in connection with bankruptcy or other insolvency proceedings, or pursuant to other government action. When reasonable and lawful, we will notify you if this occurs.

9 Security and Confidentiality

The Service uses Secure Socket Layer ("SSL") for the transmission of all data between the Software and the Service.

Additionally, Your Information resides on a firewall-protected server that only selected Parity personnel have access to via password.

10 Changes to the Azigo Privacy Policy

If we change the Privacy Policy, we will post the new Privacy Policy on our website with a link from the Software, so that you are always aware of what information we collect, how we use it, and under what circumstances-if any-we disclose it. Any substantive changes to the Azigo Privacy Policy will be posted 30 days prior to taking effect.

10.1 Change of Ownership or Other Business Transition

In the event Parity goes through a business transition, such as a merger, acquisition or the sale of all or substantially all of its assets (a "Business Transition"), your account in the Azigo Software and Services and the Parity servers containing Your Information will, in most instances, be part of the assets transferred. In such event, you will be notified through a notice on our Web site or any other appropriate methods prior to the Business Transition, and Parity's custody of Your Information will be transferred subject to all the terms and restrictions in this Privacy Policy.

11 Contacting Us

If you have any questions or suggestions regarding the Privacy Policy, please contact us.

Parity Communications, Inc.
56 Kearney Road
Needham, MA 02494
USA

Terms of Service

Here's a quick summary of the important points:

To use Azigo Software and Services you need to be a US citizen over 13 and play by the rules.

For the Service to be useful, you need to tell enter or collect information about yourself into Your Information Cards.

Parity will act as your agent, and transmit data from Your Information Cards to businesses and individuals that you choose. Parity will NEVER disclose your information without your specific instructions to do so.

All our stuff is ours.

The service is free... Use it as is, we're not liable for anything.

1 Terms of Service for Azigo Software and Services

Last Updated: April 30, 2008

Version: 1.2

Thanks for using Azigo! For the sake of simplicity and consistency, these Terms of Service apply to all of our users, including those who download our software, and those who use our services via third parties integrating Azigo functionality through our application programmer interfaces ("APIs") or otherwise. Accordingly, there are some provisions below relating to the use of our software which necessarily apply only to those of our users who have downloaded the software. All other terms and provisions apply to all of our users.

Important-Read carefully:

These Terms of Service for Azigo Software and Services (these "Terms of Service") together constitute a legal agreement between you (an individual, not an entity) and Parity Communications, Inc., a Delaware corporation, and its suppliers and its licensors (collectively "Parity") with respect to Azigo software (together with all prior and subsequent versions, and all patches and updates thereto, the "Software"), and all services made available through the Software, through APIs and services offered through third parties integrating Azigo functionality (collectively referred to as the "Services"). By clicking on the "Accept" button or otherwise using or accepting the Software, and/or Services (the "Azigo Offerings"), you agree to be bound by the terms of these Terms of Service. If you do not agree to these terms of service, do not click on the "Accept" button and do not use the Software or Services. You agree that your use of the Software and/or Services acknowledges that you have read these Terms of Service, understand them, and agree to be bound by these Terms of Service. The Azigo Offerings provided to you under these Terms of Service is for your personal and non-commercial use only.

2 Description of Services

Azigo provides you with the capability of importing, creating, maintaining, and transmitting your Information Cards by downloading the Software and/or becoming a registered user of the Services (a "User"). When you become a User, Azigo will create your personal account which will contain: certain basic account information such as your name, e-mail address, password, passwords to third party accounts that issue Information Cards to your Azigo account, and information about you that you create or import and may wish to share with others through the Azigo Service ("Your Information Cards").

Once you have downloaded and installed the Software, you will be able to access the Services through the Software. Data from Your Information cards is stored on Parity's servers. It is sent to and from such servers as part of the Software's functionality, as well as to third-party web sites and other people, at your direction.

Additional features may be added to the Azigo Offerings and made available to you from time to time. You understand and agree that Parity may provide updates, patches and/or new versions of the Software from time to time, with or without notice. You also understand and agree that the Azigo Offerings may include advertisements and that these advertisements are necessary for Parity to provide the Services.

3 Personal License

Parity hereby grants you a non-exclusive, non-transferable license to use the Software and to use and to access the Services subject to the terms and conditions in these Terms of Service. Under this license you may only: (i) use a Free Version for your personal and non-commercial use; and (ii) make one copy of the Software in machine readable form solely for back-up purposes, provided that you reproduce all proprietary notices on the copy.

4 Restrictions

You may not: (i) prepare derivative works based on the Azigo Offerings; (ii) reproduce the Azigo Offerings except as specifically provided in these Terms of Service; (iii) sell, assign, transfer, license, sublicense, publish, disclose, display, or otherwise make available the Azigo Offerings or copies thereof in any form whatsoever to any third parties or use the Azigo Offerings for any third party's data processing, computing, or other needs; (iv) modify, translate, reverse engineer, decompile, or disassemble the Azigo Offerings, subject to applicable law to the contrary; or (v) remove any proprietary notices, labels, or other identifying marks on the Software. These Terms of Service shall not be interpreted as granting to you any license or right not expressly granted herein. This license is not a sale. All rights to the Azigo Offerings not expressly granted herein are reserved by Parity.

You agree that you shall only use the Azigo Offerings in a manner that complies with all applicable laws and court orders in the jurisdictions in which you use the Azigo Offerings, including, but not limited to, applicable restrictions concerning privacy, copyright and other intellectual property rights.

You may not use the Azigo Offerings to send unsolicited, promotional mass electronic email messages or notifications to one or more recipients or systems (known as "spamming"). Any promotional electronic messages, which are sent in an unsolicited manner to 10 or more recipients, or any series of unsolicited promotional electronic messages to a single user, will be considered as spamming. Spamming also includes (i) sending messages to distribution lists, newsgroup aliases, or group aliases, and (ii) sending messages to recipients who do not know you or who are unlikely to recognize you as a known contact.

You may not use the Azigo Offerings to upload, post, post links to, e-mail or otherwise transmit or make available: (i) any unsolicited or unauthorized advertising or promotional materials; or (ii) content which is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.

You may not use the Azigo Offerings if you are under the age of 13 or to solicit or collect any information from children under the age of 13.

5 Limited Warranty

Parity warrants that for a period of 90 days from the downloading of the Software hereunder each unmodified copy of the Software will conform substantially to the user documentation. Parity's entire liability and your exclusive remedy with respect to this warranty shall be Parity using commercially reasonable efforts to correct such non-conformities.

Except for the above express Limited Warranty, Parity makes and you receive no warranties, express, implied, statutory, or otherwise, and Parity specifically disclaims any implied warranties of merchantability, noninfringement and fitness for a particular purpose with respect to the Azigo Offerings. Parity does not warrant that the Azigo Offerings will meet your requirements or that the Azigo Offerings will be error free. This limitation or exclusion of warranties may be subject to exceptions in local jurisdictions.

6 Parity's Right to Terminate or Modify Terms of Service and Services

Parity may modify these Terms of Service upon notice to you at any time. These modifications may include, without limitation, charging for any features within the Azigo Offerings. Parity may provide notice to you of any such modification by e-mail or by publishing the changes on its Web site. In the event Parity modifies these Terms of Service, you may terminate your use of the Azigo Offerings. Parity may also terminate your right to use the Azigo Offerings at any time for any reason. Without limiting the prior sentence, your right to use the Azigo Offerings will automatically terminate if you fail to comply with any term or provision of these Terms of Service. No notice shall be required from Parity to effect such an automatic termination. Upon any termination of your right to use the Azigo Offerings, you shall immediately discontinue use of the Azigo Offerings.

7 Copyright Complaints

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Azigo service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeate infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that any material on in the Software or Services infringes upon any copyright which you own or control, you may send a written notification of such infringement to:

Parity Communications, Inc.
56 Kearney Road
Needham, MA 02494
or email legal@parityinc.net

8 Personal Information and Privacy

You are required to have an Azigo account to use the Services. Personal information you provide to Parity is governed by Parity's Azigo privacy policy (the "Parity Azigo Privacy Policy"), stated above. Your election to use the Azigo Offerings indicates your acceptance of the terms of the Parity Azigo Privacy Policy, so please review it carefully. You are responsible for maintaining the confidentiality of Your Account Information. You are responsible for all activities that occur in your account and you agree to notify Parity immediately of any unauthorized account use. Parity is in no way responsible for any loss or damages that you may incur as a result of any unauthorized use of Your Account Information.

9 Title

Title, ownership, rights, and intellectual property rights in and to the Azigo Offerings shall remain in Parity. The Azigo Offerings are protected by the patent, trademark and copyright laws of the United States and other countries, and by international patent, trademark and copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Services shall be retained by the applicable content owner and may be protected by applicable privacy, copyright or other laws.

10 Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Parity or its suppliers be liable for any consequential, incidental, indirect, special, punitive, or other damages whatsoever or for damages for loss of business profits, business interruption, computer failure, loss of business information, or other pecuniary loss arising out of these Terms of Service or the use of or inability to use the Azigo Offerings, even if Parity has been advised of the possibility of such damages. Your sole and exclusive remedy for any dispute with Parity related to these Terms of Service or the Azigo Offerings shall be cancellation of the License and termination of use of the services. In the event a court awards direct damages despite the foregoing, such damages shall not exceed the lesser of $10.00 or the amount you Paid for the Software and Services. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

11 Indemnification

You agree to hold harmless, indemnify and defend Parity, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have (i) used the Azigo Offerings in violation of another party's rights or in violation of any law, or (ii) violated these Terms of Service.

12 Export Restrictions

You cannot export or re-export the Software in any form without the appropriate United States and foreign government licenses. You will not, directly or indirectly, export or transfer the Software to any country to which transmission is prohibited by applicable statute. Your failure to comply with this provision is a material breach of these Terms of Service.

13 U.S. Government Restricted Rights

The Software and accompanying documentation are provided with restricted rights. Use, duplication or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph(c)(1)(ii) of DFARS 252.227-7013 (The Rights in Technical Data and Computer Software) or subparagraphs(c)(1) and (2) of 48 CFR 52.227-19 (the Commercial Computer Software--Restricted Rights), as applicable. Manufacturer is Parity, Inc., 56 Kearney Road, Needham, MA 02494.

14 User Age Restriction

The Azigo Offerings are not intended for and may not be used by children under the age of 13. You may not use the Software or Services or access the Site unless you are at least such age.

15 Feedback & Unsolicited Ideas

Neither Parity nor any of its employees accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Parity's products or marketing strategies might seem similar to ideas submitted to Parity. So, please do not send your unsolicited ideas to Parity or anyone at Parity. If, despite our request that you not send us your unsolicited ideas, you still send them, then regardless of what your letter says, the following terms shall apply to your idea submission.

15.1 Terms of idea submission:

You agree that: (1) your unsolicited ideas will automatically become the property of Parity, without compensation to you, and (2) Parity can use the ideas for any purpose and in any way and can give or sell them to others.

15.2 Product Feedback:

Parity does welcome your feedback regarding many areas of Parity's existing business. Please provide only specific feedback on Parity's existing products or marketing strategies; do not include any ideas that Parity's policy will not permit it to accept or consider. Any feedback you provide through the Software or Service shall be deemed to be non-confidential. Parity shall be free to use such information on an unrestricted basis.

16 Miscellaneous

No Assignment - The Software and Services are personal to you, and may not be transferred or assigned without Parity's express written consent.

Governing Law; Jurisdiction - These Terms of Service are governed by the laws of Massachusetts, excluding its choice of law provisions. You agree to bring and defend any actions related to these Terms of Service exclusively in the state of federal courts located in Middlesex County, Massachusetts. These Terms of Service will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

Injunctive Relief - To the extent that you have breached or have indicated your intention to breach these Terms of Service in any manner which violates or may violate Parity's intellectual property rights, or may cause continuing or irreparable harm to Parity (including, but not limited to, any breach that may impact Parity's intellectual property rights, or a breach by reverse engineering), Parity may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction.

Complete Agreement - These Terms of Service shall constitute the complete and exclusive agreement between us, notwithstanding any other written instrument submitted by you, whether formally rejected by Parity or not. The terms and conditions contained in these Terms of Service may not be modified by you except in a writing duly signed by you and an authorized representative of Parity. If any provision of these Terms of Service is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.

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