This privacy statement, terms and conditions, and photo license applies to TrudyHenderson.com and not any other website owned by Melonie Gallegos or Trudy’s relatives.
Defined Terms
“Pictures” “Photos” or “Photography” means pictures, images, graphics and similar items that are uploaded on the Website.
“User” means a person who accesses the Website.
“Website” means trudyhenderson.com.
Privacy Policy
1. What We Collect And How We Collect It
The Website only collects information that is provided by visitors who opt-in. In the same way, we only send information to those who have requested it. The information is collected when visitors complete any of our online forms below.
Website Registration. When registering for our Website to share “Memories of Trudy”, Users are asked to include their first name, email address and in some cases Facebook permissions. This information is required in order to upload photos, leave Facebook comments on photos or pages, and in some cases opting to use social signon to login. Data collected is stored in a secure database not available to the public. Users may delete their profile anytime.
Comments. This Website uses Facebook Comments on Photography used in photo galleries and certain web pages. When leaving comments on this Website Users are asked to login to their Facebook account. We do not collect or store this information.
Contact Form. If Users want to email Trudy’s family, report a Website issue, or to ask a question, a contact form is on our website. The minimum information required to complete a contact form are name, email and message. This information is emailed to Melonie Gallegos and is not stored by the Website.
2. How We Use Information
We only use information for the purpose it was collected. Otherwise, we do not save personal information.
3. Information Sharing
We do not share or sell your collected data to third parties, ever. It is not used for marketing or commercial purposes outside of the nature of this Website.
4. Outside Links
Some pages include links to other websites as a resource or reference. Although we only site relevant sites we trust, we are not responsible for their privacy practices or content.
Terms and Conditions
The terms and conditions stated herein (collectively, this “Agreement”) constitute a legal agreement between you and the Website owner (“Owner” “us” or “we”). In using the Website (as defined below) Users are subject to the terms and conditions that are set out below.
The Owner may make modifications, deletions and/or additions to this Agreement at any time. Changes will be effective immediately with no notice.
1. Overview
The Website is intended to be a site where Users can upload Pictures, which Pictures can then be displayed, commented on, or shared digitally by the Owner and other Users, for no compensation payable to the User that uploaded the Picture and without any permission being required. In this regard, all Users acknowledge that the Owner is not verifying the Pictures, and therefore the use of such Pictures in any way is at each User’s own risk, and same are being provided on the Website “as-is, where-is”, without any representations or warranties whatsoever by the Owner.
2. Representations and Warranties by User
By using the Website, you expressly represent and warrant that you are legally entitled to enter into this Agreement. If you reside in a jurisdiction which restricts the use of the Website because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Website. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. When using the Website, you agree to comply with all applicable laws of the nation, the country, state, province and city in which you are present while using the Website.
By using the Website, you agree that while each individual Picture on the Website may not be used commercially, the presentation and collection of these Pictures is copyrighted by the Owner, and therefore may not be used, altered or copied in any manner.
By using the Website, you agree that:
You will only use the Website for lawful purposes. You will not use the Website for any illegal or immoral purposes, including but not limited to pornography, drug use, gambling or prostitution, or any other purpose reasonably likely to reflect negatively on the Website.
You will not use the Website for sending or storing any unlawful material or for fraudulent purposes.
You will not use the Website to send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights and material that could be considered as sexual or psychological harassment or of a discriminatory nature;
You will not impair the proper operation of the Website.
You will not try to harm the Website or the Owner in any way whatsoever.
You will not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website in any way, save as permitted herein; (ii) modify or make derivative works based upon the Website; (iii) create Internet “links” to, or “frame” or “mirror” the Website on any other server or wireless or Internet-based device; (iv) reverse engineer the Website, or access the Website in order to (a) build a competitive product or service, (b) build a product using similar ideas, features or functions of the Website, or (c) copy any ideas, features or functions of the Website, including without limitation the presentation of the Pictures, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Website.
You will not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iii) interfere with or disrupt the integrity or performance of the Website or the data contained therein; or (iv) attempt to gain or to permit others to gain unauthorized access to the Website or its related systems or networks.
You will respect the Website and other Users when posting Pictures and using the Website. When submitting Pictures to or otherwise using the Website, you agree not to post or transmit to or from the Website: (i) any unlawful, hateful, racially or ethnically offensive, threatening, libelous, defamatory, obscene, pornographic, or other material or Pictures that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or Pictures (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); (iii) any material or Pictures that infringes, misappropriates or violates any third party rights, including but not limited to copyright, trademark, patent right or other proprietary right of any third party; (v) any falsehoods or misrepresentations that could damage us, our users or any third party; (vi) any private information concerning another person, such as their address, phone number, email address, and similar information without their permission; (vii) anything which impersonates another person or represents yourself as affiliated with us, our staff or other industry professionals; (viii) anything which solicits a user’s password or other account information; (ix) anything which harvests user names, addresses, or email addresses for any purpose; and (v) any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems. The above list is an example only and is not intended to be complete or exclusive.
You are solely responsible for all Pictures that you make available through the Website.
Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Pictures that you make available through the Website or you have all rights, licenses, consents and releases that are necessary to grant to the Website the rights in such Pictures, as contemplated under this Agreement; and (ii) neither the Pictures nor your posting, uploading, publication, submission or transmittal of the Pictures or Owner’s (or other Users) use of the Pictures (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Further, you do hereby acknowledge that all Pictures may be viewed, used, reproduced, modified or otherwise dealt with by all Users or others, without any compensation to you.
You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of Pictures to the Website.
If you believe that any Pictures infringe any copyright that you own or control, please advise the us immediately using the “contact us” form.
We will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that Owner has no obligation to monitor your access to or use of the Website or Pictures or to review or edit any Pictures, but has the right to do so for the purpose of operating the Website, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Pictures that, at our sole discretion, consider to be in violation of this Agreement or otherwise harmful to the Website.
License: Restrictions and Copyright Policy
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Owner.
1. License granted by User
Notwithstanding any other provision herein, please be aware that by submitting, uploading, or otherwise making available Pictures to the Website, you agree to make, and are hereby making, the Pictures available to the Owner and all Users under the terms of Creative Commons Zero, which means you permanently and irrevocably waive, abandon, and surrender your copyrights in and to the Pictures. Please review the terms of Creative Commons Zero.
You acknowledge and agree that your Pictures are not your confidential or proprietary information. We take no responsibility and assume no liability for any Pictures posted or submitted by you. We have no obligation to post your Pictures; we reserve the right in our absolute discretion to remove or alter any Pictures. In connection herewith, you hereby renounce and waive in favour of Owner and all Users to any moral rights you have or might have, now or in the future, with respect to Pictures.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT, AND YOU ARE NOT PERMITTED TO, UPLOAD ANY PICTURES TO THE WEBSITE.
2. Copyright Policy
We respect copyright law and expects its Users to do the same. It is our policy, when it becomes aware, to terminate in appropriate circumstances Users or other account holders who infringe or are believed to be infringing the rights of copyright holders.
3. License granted by Owner
All photography rights are reserved by the Website Owner with limited permissions specific to Photography submitted and displayed on the “Memories Of Trudy” gallery which is intended for digital sharing in email, social media, and mobile by friends and family of Gertrud “Trudy” Henderson. See details below. Photos used from third-party authors with noted attribution are subject to that author’s license.
Sharing With Attribution. You may share in any digital format with attribution to this Website, but not in any way that suggests the licensor endorses you or your use.
No Derivatives. If you remix, transform, or build upon the material, you may not distribute the modified material.
Non-Commercial Use. You may not use the material for commercial purposes. A commercial use is one primarily intended for commercial advantage or monetary compensation.
If you have special requests for use of our Photos, or questions and concerns about our policies or website, please contact us. Thank you for visiting and remembering Trudy.