Privacy Policy and Terms of Use for www.mycommunitymybank.org
By using this site you agree to the following terms.
Privacy Policy & Terms of Use Agreement
We urge you to read this Privacy Policy and Terms of Use carefully so that you will understand clearly both our commitment to you and your privacy, and how we may collect and use information. It will explain how we protect that information and what choices you have about how it is used. By using MyCommunityMyBank.org (the "Web site"), you agree to the Terms of Use and Privacy Policy.
Web site Purpose and User Acknowledgement
The Web site is designed solely and exclusively for use by individuals 18 years of age or older for the purposes of informing and discussing the impact of financial regulations on community banks. Such information received and/or distributed by this Web site will be used for, among other things, political advocacy on financial regulatory reform issues. You acknowledge that, by use of this Web site, you are 18 years of age or older and agree to the terms and conditions of this Privacy Policy and these Terms of Use.
Information Collected
Users and visitors to this Web Site , which is provided by ICBA (“We” or “Us” or the “Company”), are able to visit areas of the Web site without specifically revealing who they are or otherwise providing information about themselves. However, we collect IP addresses and/or domain names of all visitors to our Web site to measure the number of visits, pages visited, average time spent on the Web site, etc. We also collect e-mail addresses of those who send us e-mail messages so we can respond, if requested, and improve the functionality of our Web site.
There are interactive services on the Web site which require identification and other information to facilitate the interactive and advocacy functions of our service. Users must register and provide the requested information to utilize these interactive portions of the Web site. If you choose to provide us with personal information on the Web site, for example, by registering with us, by uploading photos, videos, text and other personal information (“User Content”), or by sending us an e-mail, you thereby agree to share that information with us. You accept sole responsibility for any and all personally identifiable information you choose to post.
Unless marked “not for public display” in the data entry fields on the Web site, User Content may be displayed publicly. This information may be shared in its entirety and in aggregate with our subsidiaries, affiliates and business partners, and elected officials. Information entered in fields marked “not for public display” will be retained by the Company, but will not be displayed publicly; provided however, that Company reserves the right to disclose such “not for public display” information to the extent required by applicable law or to otherwise facilitate communication between visitors to our Web site, our member banks and elected officials.
License
By posting User Content to the Web site, you authorize us to make such copies as we deem necessary to facilitate the posting and storage of the User Content on the Web site or other online storage sites, such as You Tube. You also automatically grant, and you represent and warrant that you have the right to grant, to us a perpetual (subject to early termination rights described below), non-exclusive, transferable, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content in connection with the Web site , the Company’s business, or the promotion thereof, and to prepare derivative works of such User Content (e.g., prepare print brochures, annual reports, etc.). The Company does not assert any ownership over your User Content; rather, subject to the rights granted to us in this Privacy Policy and these Terms of Use, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
You may request that your User Content be removed from the Web site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however, you acknowledge that: (a) the Company may retain archived copies of your User Content; and (b) the Company may continue to use such User Content on any other marketing or collateral materials (e.g., print brochures, annual reports, etc.) that have been created prior to the date of your revocation of consent.
We will not give, sell or otherwise disseminate such personal or confidential information, except as outlined above, in a manner in which the users can be identified except as required by law or as necessary to conduct business on the Web site. The information may also be used to comply with government regulations in all of the states, provinces and countries in which we do business. We do not intend to sell to third parties any of your information that we collect; provided, however, that you recognize that your information is one of our assets and, as such, we may sell or transfer your information as part of a sale or transfer of all or substantially all of our assets.
As we collect and make use of the information on our Web site, we reserve the right to contract with other vendors to assist with this process. We will only contract with vendors with the agreement that they will maintain the confidentiality of the information and restrict the use of the information.
We may use your personal information to inform you of new services or advocacy opportunities. You may opt out of receiving future communications in the registration process.
Cookies
Cookies are small text files which a Web site can send to a user's browser for storage on the hard drive. Cookies can make your use of the Web easier by saving status, passwords, and preferences with regard to a Web site. However, by using cookies, information is potentially collected without the express knowledge of users. Most browsers are initially set to accept cookies but users can change the setting to refuse cookies or to be alerted when cookies are being sent. We may make use of cookies to keep track of customer status as a logged on registered user of the Web site, or for other reasons.
Security and Integrity of Information
We treat information and data obtained from our operations as assets, which must be protected against loss or unauthorized access. Information security techniques are employed to protect confidential information from unauthorized access both inside and outside the organization. Access to customer information is limited to those employees who have a legitimate business need for the information. To prevent unauthorized access, maintain data accuracy and to ensure the correct use of information, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect online. All of our on-line systems are protected by firewalls, a software and hardware product that defines, controls and limits the access that “outside” computers have to our online reporting system.
Other Information Collectors
Except as otherwise expressly discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from users. Our Web site may include links to the web sites of our business partners or others. To the extent that you disclose your information to other parties by participating in one of our discussion forums or by utilizing a link on our Web site, you are subject to the privacy customs and policies of that third party. We are not sure whether these third parties have privacy policies similar to ours. You should consult the privacy policies of each Web site you visit. Therefore, we are not responsible for the content or the privacy practices employed by any third parties.
Acceptance
Use of the Web site signifies that you have read, that you understand and that you agree and accept all provisions of the Privacy Policy. If you do not agree to the terms of this Privacy Policy or any revised policy, please exit the Web site immediately. We intend to monitor and comply with new privacy requirements as they are promulgated. We reserve the right at our discretion to add to, modify, change or withdraw portions of the Privacy Policy without notice. We recommend reviewing the Policy on a regular basis for changes.
Permitted Use
You have a nonexclusive, nontransferable, limited, revocable right to use the Web site solely for your personal educational, informational, and entertainment use. You will not use the Web site for any other purpose, including any commercial purpose, without the Company’s express prior written consent. For example, you will not, nor will you authorize any other person to (i) Co-brand the Web site or portion thereof, or (ii) frame the Web site or portion thereof (whereby the Web site or portion thereof will appear on the same screen with a portion of another Web site). "Co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Web site or content accessible within the Web site. You agree to cooperate with the Company in causing any unauthorized Co-branding, framing or linking to immediately cease.
You may use the Web site for lawful purposes only. You may not post or transmit through the Web site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. The Company will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting such information or materials.
You are solely responsible for the photos, written testimonial, video (including your name, image, and likeness) and other content that you upload, publish or display (hereinafter, "post") on or through the site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. You understand and agree that the owner of the Web site and its agents may, but is not obligated to, review the Web site and may delete or remove (without notice) any Web site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the owner of the Web site violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Web site or provide to the owner of the Web site.
You may not upload any malicious software, virus or code that could damage, disable or overburden the Web site. You may not impersonate another individual or falsely misrepresent yourself or others, or your relationship with others.
By uploading information you warrant that you own and/or created the content and the information is true to the best of your knowledge.
User content must be of a personal nature and may not contain commercial messages or advertisements.
The Company reserves the right to monitor and remove User Content that it deems objectionable or not in compliance with these Terms.
Trademarks
The trademarks, logos, and service marks (collectively, the "Trademarks") displayed on the Web site are registered and unregistered Trademarks of the Company and its licensors, content providers, and business partners. Nothing contained on the Web site should be construed as granting, by implication, estoppell, or otherwise, any license or right to use any Trademark displayed on the Web site without the written permission of the Company or such party that may own the Trademark. Your use of the Trademarks displayed on the Web site, or any other content on the Web site, except as provided in this Privacy Policy, is strictly prohibited. The Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
Proprietary Information
The Company content accessible within the Web site including without limitation, all articles, press releases, Trademarks, graphics, charts, screen captures, clipart, text, links and other information (collectively, the "Company Content") is the proprietary information of the Company and its content providers, and the Company and its content providers retain all right, title, and interest in the Company Content. Accordingly, you will not reproduce, transmit, publish or distribute such Company Content or other User’s Content to any third party without the express written consent of the Company or the applicable content provider except that you may print out a copy of Content solely for your personal use. In doing so, you will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
User Indemnification
You will indemnify and hold the Company, its licensors, content providers, service providers and contractors (the "Indemnified Parties") harmless from your breach of this Privacy Policy and your use of Content other than as expressly authorized in this Privacy Policy. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Web site.
Disclaimer of Warranties and Limitation of Liability
ICBA disclaims all warranties with regard to this Privacy and Terms of Use Policy, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT. ICBA., their LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF THIS PRIVACY POLICY, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF ICBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ICBA, ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO ANY PARTY ARISING OUT OF THIS PRIVACY POLICY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED $100.00. ICBA accepts no responsibility for breach of security.
Your use of and browsing in the Web site are at your sole risk. THE WEB SITE AND ALL CONTENT ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE WEB SITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE OR CONTENT OR AS TO THE ACCURACY, COMPLETENESS, TRUTHFULNESS, RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE WEB SITE. Some jurisdictions may not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you.
The Company does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Web site for the reconstruction of any lost data. The Company does not assume any responsibility or risk for your use of the Internet.
Links
This Web site may contain hyperlinks to Web sites operated by third parties other than the Company. Such hyperlinks are provided for your references only. The Company does not control such third party Web sites (“Third Party Sites”) and is not responsible for their contents or the products and services offered on the Third Party Sites. The Company's inclusion of the hyperlinks to such Third Party Sites does not imply any endorsement of the material on such Third Party Sites or any association with their operators. Operators of Third Party Sites may not maintain links to this Web site without the Company’s prior written consent. The Company reserves the right to prohibit Third Party Sites from linking to this Web site.
Changes To This Privacy Policy
Company may revise this Privacy Policy at any time by updating this posting. Please consult this Privacy Policy regularly.
Miscellaneous
Headings: The Section headings of Privacy Policy are for ease of reference only and shall not be admissible in any action to alter, modify or interpret the contents of any Section hereof.
Severability: If any Section or provision of Privacy Policy are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such Section or provision shall be deemed severed from this Privacy Policy and the validity of the remainder of this Privacy Policy shall not be affected thereby.
Governing Law: This Privacy Policy shall be governed by and construed in accordance with the laws of the District of Columbia applicable to contracts made and to be enforced wholly within such state.
Arbitration: Any dispute or disagreement arising out of this Privacy Policy, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be held in Washington, DC.
Jurisdiction and Venue: Subject to the above Section relating to Arbitration, You and the Company (collectively, the "Parties;" individually a "Party") irrevocably agree that any legal action, suit or proceeding brought by it in any way arising out of this Privacy Policy must be brought solely and exclusively in the United States District Court for the District of Columbia or in the state court of the District of Columbia located in Washington, DC, and irrevocably accept and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in person, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other Party.
Waivers and Amendments: The waiver by either Party of any provision of this Privacy Policy on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of this Privacy Policy on any other occasion or upon any other circumstances.
Changes
The Company has the right at any time to change or discontinue any aspect or feature of the Web site. This Privacy Policy is subject to change by the Company at any time in its discretion. Your use of the Web site after such changes are implemented constitutes your acceptance of the changes. Please consult this Privacy Policy regularly.
Contacting us: If you wish to contact us with regard to this Privacy Policy and Terms of Use agreement or the Web site, you may e-mail the Webmaster at webmaster@icba.org.
Last updated: 9/08/09
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