Privacy Policy

Jotley, Inc. ("Company"), the provider of the "Out of the Mouths of" website (the "Website), respects your privacy, and has published this Privacy Policy to explain how Company treats information you submit to Company. Please read this Privacy Policy carefully prior to your access to and/or use of the Website (as defined in Company's Terms and Conditions of Use Agreement (the "Terms of Use" http://www.outofthemouthsof.com/terms-of-use.php")). If you do not agree to abide by this Privacy Policy, please do not access or use the Website.

By submitting information to Company, either by visiting or using the Website, you are accepting the practices described in this Privacy Policy and the Terms and Use. This Privacy Policy is governed by the Terms of Use, which includes all disclaimers of warranties and limitation of liabilities. All capitalized terms not defined in this Privacy Policy will have the meaning set forth in the Terms of Use.

1. Access to and Use of the Website
You represent and warrant that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.

2. Collection of Personal Information

You acknowledge that Company may collect and process "personal information" (i.e. information that could be used to contact you, such as e-mail address). Such information collected by Company may be stored and processed in the United States or any other country in which Company or its agents maintain facilities. By using the Website, you consent to any such transfer of information outside of your country. Company makes no representation or warranty with respect to any duty to permanently store any personal information you may provide.

3. Use of Personal Information
Company uses your personal information to improve and customize the content and advertising you see on the Website, and, if you permit Company, to contact you about special offers and new products. Your personal information may also be aggregated and used by Company for market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity, to enforce the Terms of Use or any applicable Rules, for other internal purposes, and as otherwise described to you at the time of collection. Company will obtain your consent for any use of your personal information beyond those set forth in this Privacy Policy and the original uses for which you provided your consent.
You agree that Company may use personal information about you to improve Company's marketing and promotional efforts, analyze website usage, improve or customize the Website, customize the Website's content, and as otherwise set forth in this Privacy Policy. Unless you specifically opt out, you also agree that Company may use your personal information to contact you and deliver information to you that, in some cases, is targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Website. By accepting the Terms of Use and this Privacy Policy, unless you specifically opt out, you expressly agree to receive this information.

Any personal information or content 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. Although Company will take all reasonable measures to protect information posted by users in password-protected or otherwise access-restricted User Pages of the website, please be mindful that no online security system is flawless. Please exercise caution in posting any sensitive personal information, particularly in connection with children. Do not post any information that would allow anyone to directly contact a child under the age of 13. Your account name (not your email address) is displayed to other Users when you upload content or send messages through the Website and other Users can contact you through messages and comments. Any content that you submit to the Website may be redistributed through the internet and other media channels, and may be viewed by the general public, subject to the Terms of Use.

4. Disclosure of Personal Information
Except as expressly provided herein, absent your prior consent, Company does not share your personal information with any unrelated third parties. Additionally, Company does not permit unrelated third parties to perform "reverse searches" whereby they could identify users from email addresses. Company may, however, share some of your personal information with its affiliates, and unless you specifically opt out, you authorize Company and its affiliates to use your personal information in connection with electronic communications to you, including, without limitation, email or any off-line offerings or campaigns. In addition, the following describes some of the ways that your personal information may be disclosed in the normal scope of business to provide you with the Website:

* Advertisers. Company may aggregate personal information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. However, in these situations, Company does not disclose to these entities any information that could be used to identify you personally without your explicit consent.
* External Service Providers. There are a number of separate services offered by third parties that Company refers to as external service providers that may be complementary to your use of the Website. If you choose to use these separate services, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policy. With your consent, and for your convenience, Company may provide some of your personal information to an external service provider offering such services. To prevent Company's disclosure of your personally identifiable information to an external service provider, you can decline such consent or simply not use their services. Because Company does not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services.
* Internal Service Providers. Company may use third parties that Company refers to as internal service providers to facilitate or outsource one or more aspects of Company's business, products and services that Company provides to you and, therefore, Company may provide some of your personal information directly to these internal service providers (e.g. customer care). In some instances, the internal service provider may collect information directly from you. In these cases, you will be notified of the involvement of the internal service provider. If you provide additional information to an internal service provider directly, then their use of your personally identifiable information is governed by their applicable privacy policy.

Notwithstanding the foregoing, Company reserves the right, and you authorize Company, to share or disclose your personal information, including, without limitation, any content, records or electronic communications of any kind, when Company determines, in its sole discretion, that the disclosure of your personally identifiable information is necessary to identify, contact, or bring legal action against you if:


* you are or may be violating the Terms of Use, this Privacy Policy or any applicable Rules;
* you are interfering with Company's or a third party's rights or property;
* you are violating any applicable law, rule or regulation;
* necessary or required by any applicable law, rule or regulation; and/or
* requested by governmental authorities in the event of any investigation, act of terrorism or instance of local, regional or national emergency.

In addition, Company cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example, without limiting the foregoing, Company may be forced to disclose personal information to the government or third parties under certain circumstances or third parties may unlawfully intercept or access your transmissions or communications. Therefore, although Company uses industry standard practices to protect your privacy, Company does not promise, and you should not expect, that your personally identifiable information or private communications will always remain private.

In the event of a merger, acquisition, or change of control of Company, personal information collected by Company about you will be considered a business asset and will be transferred to the applicable new entity.

5. Email Communications, etc.
Company maintains a strict "no-spam" policy. If you register to receive email communications, you may receive Company's newsletter, notices and/or special offers via email, unless you have requested otherwise at the time of registration or as set forth below. You may unsubscribe from Company's electronic newsletters, notices and/or special offers at any time by following the instructions contained at the end of every such email. While all efforts are made to insure this information is viewable in all email browsers, there may be cases where certain email browsers do not display the unsubscribe information correctly. If you are having problems unsubscribing, please forward the entire newsletter to info@outofthemouthsof.com with the word "UNSUBSCRIBE" in the Subject line and you will be removed within 7 business days. Please note that direct replies to any newsletter are processed by computer and are not always viewed by a human.

6. Cookies
"Cookies" are alphanumeric identifiers in the form of text files that are inserted and stored by your web browser on your computer's hard drive. Company and third party advertisers may set and access cookies on your computer to track and store preferential information about you. Company and third party advertisers gather anonymous information about their users through cookie technology on an aggregate level only. Such aggregated information is used within Company's internal organization and is only shared with third party advertisers on an aggregated and non-personally identifiable basis.

7. Web Beacons
Web Beacons, also known as pixel tags and clear GIFs ("Web Beacons"), are electronic images that allow a website to access cookies and help track marketing campaigns and general usage patterns of visitors to those websites. Web Beacons can recognize certain types of information, such as cookie numbers, time and date of a page view, and a description of the page where the Web Beacons is placed. No personally identifiable information about you is shared with third parties through the use of Web Beacons on the Website. However, through Web Beacons, we may collect general information that will not personally identify you, such as: Internet browser, operating system, IP address, date of visit, time of visit and path taken through the Website.

Internal use of Web Beacons. Company may use Web Beacons internally to count visitors and recognize visitors through cookies. Access to cookies helps Company personalize your experience when you visit the Website.

* Email. Company may include Web Beacons in HTML-formatted email messages that Company sends to you. Web Beacons in email messages helps Company determine your interest in and the effectiveness of such emails.
* External use of Web Beacons. Company may also use Web Beacons externally. For example, Company may report aggregate information about visitors, such as demographic and usage information, to its affiliates and other third parties. Company may also include other company's Web Beacons within the Website.

8. Security
Personal information you submit to Company is password protected for your privacy and security. In the unlikely event that an unauthorized third party compromises Company's security measures, Company will not be responsible for any damages directly or indirectly caused by an unauthorized third party's ability to view, use or disseminate such information.

9. Links to Other Websites
The Website may include links to third party websites. Such links are not an endorsement by Company of those websites and/or the products or services offered on those websites. Third party websites may have different privacy policies, and Company is not responsible for the privacy practices of those third party websites. If you click on a link to a third party website, Company encourages you to check the privacy policy of that website, as it may differ substantially from that of this Privacy Policy. Company makes no representations or warranties nor is Company responsible for the privacy policies of any websites other than the Website. If you decide to access any third party links appearing on the Website, you do so at your own risk.

10. Transmissions, Submissions and Postings
Company welcomes the submission of comments, information and feedback regarding the Website. However, Company does not want to receive certain kinds of information from you, including any confidential or proprietary information, without prior written consent of Company. Although Company does not regularly review your transmissions, submissions or postings, Company reserves the right (but not the obligation), at its sole discretion and at any time, to edit, refuse to post or remove your transmissions, submissions or postings. You hereby acknowledge and agree that Company may review transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with the Terms of Use, this Privacy Policy and any applicable Rules, and that Company shall have the unrestricted right to use such information for any purpose and without compensation to you.

11. Other Terms
To review other applicable terms and conditions that apply to this Privacy Policy, including, without limitation, intellectual property rights, disclaimer of warranties, limitation of liability and resolving disputes, please review the Terms of Use http://www.outofthemouthsof.com/tnc.php.

12. Changes to this Privacy Policy
Company reserves the right, at its sole discretion, to update, amend and/or change this Privacy Policy without prior notice and at any time. Updates to this Privacy Policy will be posted here. You are encouraged to revisit this Privacy Policy from time to time in order to review any changes that have been made. Your continued use of the Website following the posting of any such changes shall automatically be deemed your acceptance of all changes. Company's last update to this Privacy Policy was made and posted on June xx, 2009.

13. Childrens' Privacy
Protecting the privacy of young children is especially important. Please do not post any personal information or individually identifiable information which can be used to contact any child, including but not limited to the child's home or other physical address, e-mail address, telephone number, or Social Security number.

14. Special Note to International Users
The Website is hosted in the United States. If you are a User accessing the Website from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Website, which is governed by U.S. law, this Privacy Notice, and our Terms of Use, you are transferring your personal information to the United States and you consent to that transfer.

15. In the Event of Merger, Sales or Bankruptcy
In the event that Company is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our 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.

16. Questions or Concerns
If you have questions, comments, concerns or feedback regarding this Privacy Policy, please contact us by sending postal mail or an email to:


Jotley, Inc.
710 Rose Lane
Los Altos, CA 94024
privacy@outofthemouthsof.com

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