Who Can Use the Services
You must be: a) at least the age of majority in the state where you live to use this Website and the Services, and b) a resident of the United States. If you are under 13 years old, do not use this Website or the Services.
Your Use of the Services
You may not attempt to gain unauthorized access to any systems or networks connected to the Services, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of any network connected to the Services, nor breach the security or authentication measures for the Services or any network connected to the Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large burden on the infrastructure of 1440’s systems or networks, or any systems or networks connected to the Services. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or with any other person’s use of the Services.
You may not manipulate identifiers in order to disguise the origin of any message you send through the Services.
You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use, sell or otherwise exploit the Services for any commercial purposes.
You may not use the Services to post or transmit any content that is libelous, defamatory, false, misleading, inaccurate, unlawful, obscene, racially or ethnically offensive, or objectionable, or that you have reason to believe infringes or otherwise violates the copyright, trade secret, patent, publicity, privacy or other intellectual property or proprietary rights of any person or entity. The Content you post or transmit may not contain profanity, intense violence, nudity or sexually explicit images, hate speech, graphic depiction of sexual activity or behavior, or the depiction of illegal drug use or the abuse of alcohol, drugs, or tobacco. You may not use the Services to port or transmit content that violates any law or regulation in the United States, Illinois, your home jurisdiction(s), or any jurisdiction where the content is stored, transmitted, or delivered.
THE SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. 1440 DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
1440 SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, EVEN IF 1440 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold us, our affiliated companies, employees, representatives and agents harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Services.
The Services are intended for use in the United States, and use of the Services from countries where the Services are illegal is prohibited.
1440 may modify the Services or discontinue the Services at any time without notice. You agree that 1440 shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
With respect to any personal data (as defined under the General Data Protection Regulation [GDPR] [EU] 2016/679 and any other applicable data protection legislation) (“Personal Data”) which 1440 processes on your behalf, 1440 does not process any Personal Data as a part of its core function. Thus, 1440 is more typically the Data Controller and is not a Data Processor to Personal Data in which you are a Data Controller. However, in the unlikely event that you believe 1440 is a Data Processor to you as a Data Controller, please contact 1440 at email@example.com, and 1440 can consider if it is necessary under applicable law for you to appoint 1440 as a Data Processor pursuant to an appropriate Data Processor agreement/addendum.
What Personally Identifiable Information Do We Collect?
We collect the following types of personally identifiable information:
- User Provided Information: You may affirmatively provide us with certain personally identifiable information (such as your name and email address) when participating in various activities on the Website.
- Log File Information: Our servers automatically record certain information that your web browser sends whenever you visit the Website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
- Information Collected by “Clear GIFs”: We may employ “clear GIFs” (a.k.a. Web Beacons), which are used to track the online usage patterns anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear GIFs in HTML-based emails sent to users to track which emails are opened by recipients.
How Do We Use Personally Identifiable Information?
Any personal information that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your public profile page, etc.) becomes publicly available and can be collected and used by others. If you have not opted out from receiving emails from us, we may use your email address or other personally identifiable information to send commercial or marketing messages on behalf of ourselves, 1440. We also may use your email address for non-marketing or administrative purposes (such as notifying you of major Website changes or for customer service purposes). You cannot opt out of receiving emails for non-marketing or administrative purposes. We use aggregated information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Website and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. In addition, we may use “cookies,” clear gifs and log file information to deliver content (which may include third party advertisements) specific to your interests, and remember information so that you will not have to re-enter it each time you visit the Website.
Will We Share Personally Identifiable Information with Others?
Is My Information Secure?
We have implemented security measures to protect personally identifiable information collected on the Website against loss, misuse or alteration. In addition, your account information is protected by a password for your privacy and security. It is important that you protect against unauthorized access to your password and to your computer by logging off once you have finished using a shared computer. Moreover, despite the precautions described above, we cannot and do not guarantee that the individual user information you have transmitted will not be intercepted by others and/or decrypted or accidentally disclosed, and we accept no liability for any unintentional disclosure.
In the Event of Merger, Sale, or Bankruptcy
In the event that we are acquired by or merged with a third-party entity, we reserve the right to transfer or assign the information we have collected from users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.
You must be at least 13 years old to use the Website.
Special Note to International Users