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Policies

The below Privacy Policy, Content Policy, and Copyright Policy (the “Policies”) are adopted by Fotobabble, Inc. dba FotoNotes (“FotoNotes”) and apply to your use, as applicable, of the websites operated by FotoNotes at https://www.sitecapture.com and/or https://www.fotonotes.com (the “Sites”) and the products provided in connection therewith, including the solar field operations platform and related services made available by FotoNotes as described at https://www.sitecapture.com, including the SiteCapture mobile application, the SiteCapture server, and any related services received by you in connection therewith (the “SiteCapture Product”) and/or the property operations management platform and related services made available by FotoNotes as described at https://www.fotonotes.com, including the FotoNotes mobile application, the FotoNotes server, and any related services received by you in connection therewith (the “FotoNotes Product” and collectively with the SiteCapture Product, the “Products”) along with the related services provided by FotoNotes (the “Services”).    If you are a party to an agreement with FotoNotes incorporating these Policies, they form part of that agreement and apply to your access to the Products as provided therein.    If you do not agree to all of the terms and provisions of these Policies, including as incorporated in any applicable agreement between you and FotoNotes to the extent applicable, you may not use the applicable Product(s).

FOTONOTES MAY, IN ITS SOLE DISCRETION, REVISE THE TERMS OF THESE POLICIES AT ANY TIME, AND YOU AGREE TO BE BOUND BY SUCH REVISIONS, PROVIDED THAT THE REVISIONS WILL NOT BE BINDING ON YOU UNTIL THEY ARE POSTED ON THE APPLICABLE SITE(S). FOTONOTES WILL USE COMMERCIALLY REASONABLE EFFORTS TO EMAIL OR OTHERWISE PROVIDE YOU NOTICE OF THE REVISIONS. THE DATE OF THE MOST RECENT REVISIONS TO EACH SECTION OF THE AGREEMENT WILL BE SHOWN AT THE BEGINNING OF THAT SECTION. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOU ARE FAMILIAR WITH ALL POSTED REVISIONS, AND YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT ACCEPT AND ABIDE BY THE POLICIES AS REVISED FROM TIME TO TIME YOU MAY NOT USE THE APPLICABLE PRODUCTS.

PRIVACY POLICY

The most recent revisions to the Privacy Policy were posted on www.fotonotes.com on April 22, 2022 at 5:00pm PT.

Overview. Fotobabble, Inc. dba FotoNotes (“FotoNotes”) recognizes and respects your privacy. The following Privacy Policy, as revised from time to time, tells you about the information that FotoNotes collects through the Products, how we use that information and how you can opt out of certain uses of information we may collect. This Privacy Policy, along with the    Content Policy, and the Copyright Policy, governs your use of the applicable Site and Products, and, if you are a party to a written agreement with FotoNotes for access to the Products and related Services, is incorporated as part of that agreement if so stated in the agreement. If you access the Products you are consenting to the information collection and use practices described in this Privacy Policy, as revised from time to time by us.

Privacy Standards. FotoNotes adheres to the U.S. Safe Harbor privacy principles of Notice, Choice, Onward Transfer, Security, Data Integrity, Access and Enforcement.

Information FotoNotes May Collect About You. We collect the following general types of information from users of the Products:

  1. “Personal Information” is information that is used by FotoNotes to identify you individually, such as your name and address.
  2. “Aggregate Information” is information that does not contain Personal Information or from which Personal Information has been removed. An example of Aggregate Information is information about use of the Products, such as the number of users of the Products and their location.

The actual information we collect from you depends in part on how you use the Products. The following is a more detailed explanation of some of the types and uses of information we collect.

  1. Registration Information. FotoNotes asks for certain Personal Information when you sign up to for the Products, including your email address and a password. Your email address is used to communicate with you. Your password is used to protect your account from unauthorized access. The information requested may depend on your desired use of the Products.
  2. Information in your Content. Content that you create, publish or store through the Products may include Personal Information about you. You are solely responsible for the Content you create, publish and store, and the Personal Information it may contain. We advise you to use caution in publishing Content containing Personal Information.
  3. Additional Profile Information Provided by You. In addition to allowing you to create, publish and store Content, the Products allows you to provide additional profile information, such as a username, photo, birthday, location in connection with Content you publish. You should also use caution in publishing or otherwise making such additional profile information publicly available.
  4. Use Information. FotoNotes automatically records information about your use of the Products, such as when and how you use the Products, including the frequency and size of data transfers. Information displayed or clicked in using Product interfaces (including UI elements, settings, and other information) may also be recorded.
  5. Email Services. If you provide us with your email address and opt in to any email notification features that FotoNotes may now have or may develop in the future, you may receive email from time to time from FotoNotes. Each email of this nature that you receive from FotoNotes will contain an “unsubscribe” link at the bottom of the email message which will provide you the opportunity to opt out of receiving future communications from FotoNotes by clicking on the “unsubscribe” link and following the unsubscribe instructions.
  6. Administrative Purposes. We may collect and use information that identifies you personally when you submit comments, questions or suggestions about or through the Products. For example, if you submit questions to us or information requests, we will use the information you provide to respond to you. We also may collect and use your information to contact you when necessary for other administrative purposes. If you do submit comments, questions or suggestions, please do not include confidential personal or financial information in such requests. Such e-mail will be maintained in accordance with our corporate e-mail and document retention policies.

Disclosure of Your Personal and Aggregate Information.

Personal Information. FotoNotes will not sell or disclose your Personal Information to third parties without your consent except as set forth herein.

Your Content and Presentations. FotoNotes may, but is under no obligation to, monitor, screen or edit Content created, published or stored by users of the Products. You are solely responsible for Personal Information that becomes available to the public or other users that you have elected to publish or otherwise make available to third parties through the Products, including without limitation on the Sites.

From time to time FotoNotes engages consultants that may need access to the information we collect to perform their services for us. We require that our consultants keep Personal Information confidential and use it only in accordance with the service agreement between FotoNotes and such consultant.

Legal Requirements. We may disclose your Personal Information if required to do so by law or if we believe that such action is reasonably necessary to: (a) conform with the law, respond to claims or comply with legal process served on Site Capture; or (b) protect and defend our rights or property, including the Products, our employees, guests or the public.

Company Sale. Because information collected through the Products may constitute a trade secret and asset of FotoNotes, we may disclose or sell such information in the event we entertain the sale of FotoNotes or some or all of its assets.

Aggregate Information: FotoNotes collects Aggregate Information about you and your use of the Products whenever you use the Products. FotoNotes may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all Aggregate Information, provided that it does not result in disclosure of any Personal Information that identifies or can be readily correlated to you.

Cookies. FotoNotes may make use of “cookies” in connection with the Products. However, you may block or remove cookies in your discretion at any time. Cookies are small text files that are stored on a user’s computer by a web server based on the permissions set in a user’s browser software. A cookie itself is not designed or intended to read any information from a user’s computer (other than the contents of the cookie); rather, it is an identifier used by the service provider that originally placed it on your hard drive. The actual contents of the cookie information can be retrieved by the same server to identify the computer and subsequently to customize, monitor, or regulate the use of a site based on information stored in the cookie and the host server. Therefore, cookies only identify the user’s computer to a service provider that may correlate other information, including personal information, with the cookie. Cookies allow FotoNotes to automate access and data entry functions of the Products such as login information, tailor the Products to your preferences or interests, or customize promotions or marketing. In addition, cookies allow us to track usage of the Products to determine which parts of the Products are useful or popular and which are not, thereby enabling us to improve and update the Products effectively.

Security. FotoNotes uses reasonable efforts to store and maintain Personal Information to protect it from loss, misuse, alteration or destruction by any unauthorized party. We store no social security information of users. We make reasonable efforts to attempt to prevent the unauthorized access of our systems containing Personal Information.

Breach of Security. In the event of a breach of our information system security that may compromise your Personal Information, we will promptly notify you of such breach at the e-mail address that we have on file for you. We reserve the right to reasonably delay such notification as may reasonably be necessary as part of any internal investigation or law enforcement efforts related to such breach. To respect the privacy of children and to comply with the Children’s Online Privacy and Protection Act, we do not collect Personal Information from children under the age of 13. Children under the age of 13 are prohibited from using the Products.

Outside Links . In connection with the Products, FotoNotes may refer or provide you a link to third-party websites. A link to such a third party service does not imply endorsement of that site nor any ability to control that site’s privacy practices. Be aware that third party services may collect data and personal information and operate according to their own privacy practices. Therefore, you should carefully review the privacy policies of third party services before submitting any Personal Information to them.

Opting Out; Removal of Personal Information and Contacting Us. Any time your provide us with Personal Information, we will provide you with the opportunity to opt out of receiving further communications from us, although this may limit or eliminate your access to the Products. To opt out of receiving further communications or to unsubscribe from any specific aspect of the Products, please email a request to support@fotonotes.com . If you have questions or concerns about this Policy, or the accuracy of any Personal Information we hold about you, please contact us at support @fotonotes.com. You may request removal of your Personal Information from our system(s) by contacting    support @fotonotes.com. We will comply with your request except to the extent we are required to maintain your information in accordance with our document retention policies or applicable laws or regulations. If at any time you feel that FotoNotes has not adhered to this policy, please email us at support @fotonotes.com . We will do our best to respond promptly to your concerns.

CONTENT POLICY

The most recent revisions to the Content Policy were posted on April 22, 2022 at 5:00pm PT.

Overview. The Products may provide the ability for FotoNotes customers to post or otherwise share content via the and we respect our users’ ownership of and responsibility for the content they choose to share via the Products (“Content”). This Content Policy sets parameters for use and sharing of Content via the Products and constitutes part of any written agreement between you and FotoNotes that incorporates it. If you do not agree with all of the terms and provisions of the Content Policy, you may not use the Products. If you access the Products you are consenting to the Content Policy, as revised from time to time by us.

Specifically Prohibited Uses.

Illegal Purposes. The Products may not be used for illegal purposes. Examples of this would include using Products for fraudulent purposes or operating a phishing site (used to obtain account and password information).

We will aggressively seek to prevent spam from interfering with the Products or appearing on the Sites. There are a variety of different ways in which spam manifests itself. Generally, when we talk about spam we mean content that is created for the primary purpose of manipulating search engine results, or generating revenue or traffic through deceptive means.

Identity Theft and Privacy. Content that misleadingly appropriates the identity of another person is not permitted. Users may not post other people’s personally identifying or personal information, including but not limited to credit card numbers, social security numbers, and driver’s and other license numbers. Nor may you may post information such as other people’s passwords, usernames, phone numbers, addresses and e-mail addresses, unless already publicly accessible on the Web.

Hate Content. Hate speech and other objectionable Content may be flagged for review by our users. When this happens, FotoNotes reserves the right to warn others of the potentially offensive content through the use of a warning page. Other Content, such as adult material, may be removed entirely, or relocated so that it does not appear in frequently-trafficked places such as the Sites. FotoNotes assumes no obligation to monitor or screen Content or to respond to claims that users find particular Content offensive or distasteful. But it reserves the right to do so and to remove or relocate Content at anytime, without prior notice to or consent from any other party.

Defamation/Fraud. Users are prohibited from publishing any Content that is defamatory or fraudulent. Note that an allegation of defamatory expression, in and of itself, does not establish defamation. The truth or falsehood of expression is a key element in establishing defamation, and we are not in a position to make such a fact-based judgment. Nonetheless, if we have reason to believe that a particular statement is defamatory (a court order, for example), we will remove that statement.

Users are prohibited from using or publishing in connection with any Content that infringes on the copyright, trademark, patent, mask work, trade secret or moral rights of a third party. As discussed in more detail in Section III below, FotoNotes has established a Copyright Policy in compliance with the requirements of the Digital Millennium Copyright Act.

Disruptions and Exploits. We will terminate accounts and block addresses of those who attempt unauthorized use of the Sites and/or Products.

Commercial Pornography. We do not permit the creation, publication or storing of Content that, in our view, exists primarily for the purpose of garnering commercial traffic through pornography. Such sites tend to take up a disproportionate amount of resources. In order to maintain an open Products for the majority of our users, we choose to forbid commercial pornography.

FotoNotes Discretion to Remove and Prohibit Content Not Specifically Prohibited. Although FotoNotes has no obligation or intent to monitor, censor or screen all Content as a matter of practice, you agree and understand that FotoNotes has the authority to remove and prohibit any Content from the Products in its sole and absolute discretion. The foregoing prohibited types of Content are not meant to establish a comprehensive list, and FotoNotes may remove and prohibit any Content at any time for any reason, or no reasons

COPYRIGHT POLICY

The most recent revisions to the Copyright Policy were posted on April 22, 2022 at 5:00pm PT.

Overview. Using copyrighted material does not constitute infringement in all cases. In general, however, users of the Products should be careful when using Content that may be subject to copyright protection without the permission of those who created it. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOU HAVE ALL PERMISSIONS AND LICENSES REQUIRED TO USE ALL CONTENT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD FOTONOTES HARMLESS WITH RESPECT TO ANY CLAIMS ARISING FROM OR IN CONNECTION CONTENT YOU CREATE, PUBLIH OR STORE WITH OR THROUGH THE PRODUCTS, WHETHER OR NOT IT IS FINALLY DETERMINED TO BE INFRINGING. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”), as discussed below. This Copyright Policy constitutes part of any written agreement between you and FotoNotes that incorporates it. If you do not agree with all of the terms and provisions of the Copyright Policy, you may not use the Products. If you access the Products you are consenting to the Copyright Policy, as revised from time to time by us.

Copyright Infringement Notification. To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel and see Section 512(c)(3) of the Copyright Act to confirm these requirements):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • Information reasonably sufficient to permit FotoNotes to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Such written notice should be sent to the following address:

Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.

Counter-Notification. To file a counter notification with us, you must provide a written communication that sets forth the following:

  • Identify the Content that was removed or to which access was disabled.
  • Provide your full name, address, telephone number, and email address, and the username of your FotoNotes account.
  • Provide a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located (or the Northern District of California if your address is outside of the United States), and that you will accept service of process from the person who provided notification of the copyright infringement.
  • Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  • Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.

Send the written communication to the following address:

DMCA Complaints

FotoNotes
4096 Piedmont Ave, #610
Oakland, CA 94611
E-mail: support@fotonotes.com
Attention: FotoNotes Site Administration

Following Counter-Notification. After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the Content at issue. If we receive such notification we will be unable to restore the Content. If we do not receive such notification, we may restore the Content, but may also elect not to restore the Content, or to relocate the Content, in our sole and absolute discretion, without making any infringement determination one way or the other. Our restoration of the Content in no way limits or affects your retention of sole responsibility for the Content and your obligation to indemnify, defend, and hold harmless FotoNotes as set forth above or in any written agreement between you and FotoNotes.

Also, please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.

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