Privacy

Welcome to the Poetry Foundation (the "Project"). This Privacy Policy and our Terms of Use govern your use of the Project's Internet Web sites located at the addresses PoetryFoundation.org, PoetryFoundation.org/foundation, PoetryMagazine.org, and PoetryOutLoud.org (the "Web site"). Please review carefully this Privacy Policy and our Terms of Use.

This Privacy Policy may be modified at any time and without notice to you. It is your responsibility to visit this web page frequently to review carefully the current Privacy Policy. Each and every time you access the Web site you shall be deemed to have agreed to the then current Privacy Policy.

Commitment to Privacy

The Project is committed to protecting your privacy and that of any personally identifiable information, including, but not limited to, any computer-generated identification number (including IP addresses), and any other information relating to your physical, physiological, or mental condition, or your economic, cultural or social identity ("Personal Information") that we may collect through the Web site. This Privacy Policy explains why we collect particular information and how we will protect your personal privacy.

Information Collected

Personal Information. The information that the Project collects on this Web site consists of voluntarily submitted Personal Information that is required to register and use this Web site. For example, during the registration process for this Web site, you will be asked you to submit Personal Information, such as your name, company name, e-mail address, physical address, fax number, and demographic information (such as, city, state and country, or any other demographic information that you may submit). This Personal Information is collected and stored in a manner appropriate to the nature of your request, as determined by the Project, to complete your registration. Persons younger than 13 years of age may not register at the Web site without the express written permission of a parent or legal guardian.

Cookies. The Web site uses cookies to enhance your experience while using this Web site. A cookie is a piece of data stored on your hard drive containing information about you. Usage of a cookie is in no way linked to any personally identifiable information while on this Web site. For instance, by setting a cookie on this Web site, you would not have to log in a password more than once, thereby saving time while on this Web site. Cookies can also enable us to track and target the interests of our users to enhance their experience on this Web site. You have the ability to accept or decline cookies by configuring your web browser setting. If you refuse the cookie, you may still use this Web site, however, your use may be limited in some areas of this Web site. If you would like to learn more about cookies, you can do so at www.cookiecentral.com.

IP Addresses. The Project collects the IP address of all users visiting this Web site. An IP address is a number that is assigned to your computer when you use the Internet. Site Usage Tracking. The Project may monitor and analyze your activity on this Web site to gather information to determine interest in different areas of this Web site.

Other Information Collected. The Project automatically gathers aggregate statistical information about this Web site and its visitors, such as browsers used, pages viewed, number of visitors, etc.

Use of Personal Information

Service Enhancement. All information you provide may be used to improve the services offered at the Project Web site.

Analysis of Site Behavior. The Project may monitor and analyze your activity on this Web site. This information is used to maintain and enhance the quality of the Web site. The Project may provide this information to any entity affiliated with The Poetry Foundation, in accordance with this Privacy Policy.

Use of Personal Information in Aggregate. The Project may use Personal Information for purposes of compiling aggregate information on the use of this Web site. The Project may provide this information to any entity affiliated with The Poetry Foundation, in accordance with this Privacy Policy.

Termination Option. Out of respect for the privacy of the users of this Web site, the Project offers the option to terminate future communications that were originally requested through this Web site. Please see the "User Access to Personal Information" section below.

Cookies. Cookies are used to store and sometimes track your preferences to provide you with customized and personalized services in order to enhance your use of this Web site. The Project may provide this information to any entity affiliated with The Poetry Foundation, in accordance with this Privacy Policy.

IP Addresses. The Project uses IP addresses to analyze trends, administer this Web site, track users' movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. The Project may provide this information to any entity affiliated with The Poetry Foundation, in accordance with this Privacy Policy.

Surveys. At times the Project may conduct surveys on a voluntary and anonymous basis. You are not required to participate in the surveys.

Disclosure of Personal Information

Sharing With Affiliates and Employers. The Personal Information that the Project collects may be shared with any entity affiliated with The Poetry Foundation, in accordance with this Privacy Policy for purposes of providing requested services.

Sharing with Third Parties. The Project does not rent or sell your personally identifying information. The Project may share your personally identifying information with companies that assist us in delivering electronic and postal mailings, provide maintenance for PoetryFoundation.org, or help facilitate our events. These companies will use your information solely to provide these services to us. We may also, but only with your permission, share the personally identifying information of users who reside within the United States with reputable organizations that offer information and programming that we think may be of interest to you. If you wish for us to share your information for these reasons, please check the "opt-in" box on our sign-up page, or contact us at mail@poetryfoundation.org.

Guidelines for Transfer of Personal Information. The Project will only transfer Personal Information to third parties consistent with the principles of notice and choice set forth in the European Commission's Directive on Data Protection ("EC Directive"). Where the Project has not provided for a choice, because our use of the Personal Information is compatible with the purpose for which the data was originally collected or which was disclosed in a notice, the Project will transfer the data to a third-party only if the Project first either (a) ascertains that the third party subscribes to the Safe Harbor principles or is subject to the EC Directive, or (b) enters into a written agreement with such third party requiring that the third party provide at least the same level of privacy protection as is required by the relevant Safe Harbor principles.

Exceptions. Notwithstanding the limitations on transfer of Personal Information set forth above, the Project will disclose your Personal Information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on The Poetry Foundation or this Web site; (b) protect and defend the rights or property of The Poetry Foundation; and (c) act in urgent circumstances to protect the personal safety of employees of The Poetry Foundation, users of this Web site, or the public.

Opt-Out

Opt-Out Procedure. Users of this Website are given the opportunity to 'opt-in' to have their information used for purposes not directly related to this Website and may choose to provide information to take advantage of TPF's services related to this Website. You may cancel your 'opt-in,' cancel TPF's services or remove your personal information from TPF's database by either: (a) sending correspondence to the following postal address: The Poetry Foundation, 61 West Superior Street, Chicago, IL 60654; or (b) sending an e-mail to mail@poetryfoundation.org.

Effect of Opting-Out. Upon receipt of such notification, the Project will, within a commercially reasonable time, either: (a) remove you and your Personal Information from the Project database (which may affect your ability to use the Web site); (b) correct any Personal Information that you state is erroneous; or (c) permit you to "opt-out" of further e-mail contact (excepting notification of major changes to the service) while still allowing access to this Web site; as directed by you.

Links to Third-Party Web sites

Disclaimer. This Web site contains links to facilitate your access to external or third-party Web sites. You should be aware that these linked external or third-party Web sites are not controlled by the Project and, therefore, are not subject to this Privacy Policy. The Project is not responsible for these other, linked Web sites, including the privacy practices of such other Web sites. You are responsible for checking the privacy policies of these third party sites to determine how your personal information may be utilized by the proprietors of those third-party Web sites. The Project disclaims any and all responsibility and/or liability for the collection and/or transfer of information collected by such other third-party Web sites.

Security

This Web site has industry standard security measures in place to protect against the loss, misuse, and alteration of information. All Personal Information in the public domain will be protected by an industry standard encryption scheme. All information, once received, is stored behind a firewall. However, although the Project has endeavored to create a secure and reliable Web site, the confidentiality of any communication or material transmitted via the Internet cannot be guaranteed. Accordingly, you should consider carefully if you want to submit sensitive information via the Internet.

User Access to Personal Information

If you desire access to your own Personal Information, to correct existing Personal Information, or to remove your Personal Information, please contact the Project using the contact information provided below. If you request removal of Personal Information, you acknowledge that residual Personal Information may continue to reside in the Project's records and archives, but the Project will not use that information for a commercial purpose. The Project reserves the right to maintain your Personal Information if the Project has suspended, limited, or terminated your access to this Web site for violating the applicable Terms of Use.

Safe Harbor

The Project participates in, and has complied with the requirements of, the Safe Harbor principles relating to the EC Directive.

Contact Information

If you have any questions about this Privacy Policy, the operation of this Web site, or your dealings with us, you can contact us at:

The Poetry Foundation
61 West Superior Street
Chicago, IL 60654
tel: (312) 787-7070
fax: (312) 787-6650
mail@PoetryFoundation.org

Terms of Use

These Terms of Use may be modified at any time and without notice to you. It is your responsibility to visit this web page frequently to review carefully the current Terms of Use, which govern your continued use of the Web site. Each and every time you access the Web site you shall be deemed to have agreed to the then current Terms of Use.

Your use of this Web site is at the sole discretion of the Project. We may deny you access to this Web site or any portion thereof at any time, without notice and with or without cause. If you do not agree to these Terms of Use your sole recourse is to leave the Web site.

Intellectual Property

The Web site and all its contents, including the text, graphics, photographs and software, are owned by or licensed to The Poetry Foundation and are protected by United States and international copyright laws and other intellectual property laws. You may occasionally reproduce, distribute, display or transmit an insubstantial portion of Web site content solely for personal and noncommercial uses and solely for a limited number of individuals, provided that you include all trademark, copyright, and other proprietary rights notices in the same form in which the notices appear on Web site. Except for the purpose stated in the immediately preceding sentence, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in selling or exploit in any way, in whole or in part any of the contents of the Web site.

The Poetry Foundation, and other trademarks, logos and indicia of source displayed on the Web site (collectively, "Trademarks") are owned by The Poetry Foundation. The Trademarks may not be used in connection with any product or service that does not belong to The Poetry Foundation or in any manner that is likely to cause confusion about whether The Poetry Foundation is the source, sponsor, or endorser of the product or service and may not be used in any manner that disparages or discredits the Project or The Poetry Foundation.

Links to the Web site, Frames, and Metatags

You may not link to the home page of the Web site in any way that might cast the Project or The Poetry Foundation in a false or misleading light. You may not frame the Web site content so that it is viewed on another site. You may not use metatags or any other "hidden text" that incorporates the name The Poetry Foundation or the Trademarks without our express written consent.

Linked Web sites

This Web site may contain hyperlinks to Web sites owned and operated by parties other than The Poetry Foundation. Such hyperlinks are provided only for ready reference and ease of use. We do not control such Web sites and are not responsible for their contents. The inclusion of hyperlinks on our Web site does not mean that we endorse or approve of any third party Web site to which you may have access through the linked Web sites. We accept no liability for any information, products or services contained in, or which may be linked to through, these third-party Web sites or for any action you may take as a result of linking to any such Web site. Each of the Web sites to which you may link are likely to set forth specific terms and conditions of use that you should review. Please review the terms of use and privacy policy of any linked Web site.

Indemnification

You agree to indemnify, defend, and hold harmless The Poetry Foundation, their directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively, "The Poetry Foundation and Affiliates") from and against any and all claim, loss, expense, or demand or liability, including attorneys' fees and costs, incurred by The Poetry Foundation and Affiliates arising out of (i) any claim by a third party relating to the posting, distribution, modification, or alteration by you of any content, or (ii) your use of the Web site in violation of these Terms of Use or in violation of any applicable law.

You agree to cooperate with us as reasonably required in the defense of any such claims. The Poetry Foundation and Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of The Poetry Foundation.

Security

The Internet is an open network that is not secure. There is an inherent risk that any transmission via the Internet may be intercepted, modified, misdirected, or not be delivered to the intended recipient. There is also an inherent risk that information stored on a computer connected to the Internet may be accessed without authorization. Although we take reasonable means to protect the security of the information communicated through the Web site, no Internet-connected computer system can be made absolutely secure from intrusion. We, therefore, cannot and do not guarantee that information displayed on our Web site has not been modified by others without authorization or that information communicated by you to us will be received or that it will not be altered before or after its transmission to us. If you elect to use this Web site to communicate with us, you do so at your own risk.

Access to the Web site is made by means usernames and related passwords selected during the registration process. You are solely responsible for providing complete and accurate registration details to us in you register at the Web site. Similarly, you are solely responsible for guarding the secrecy of your username and its related password. We encourage you to change your password frequently. Although by diligence and care you may reduce the risk of unauthorized use of your username and password, such risk may not be eliminated. Again, we are not responsible for unauthorized access to the Web site; if you elect to use this Web site, you, and you alone, have assumed the risk of doing so.

Privacy

We are committed to respecting your privacy and that of the information you provide to us. By using this Web site, you consent to the processing of personal information about you as described in the Privacy Policy for this Web site, which is hereby incorporated by reference within these Terms of Use.

WE TAKE REASONABLE AND APPROPRIATE MEASURES TO ENSURE THAT INFORMATION PROVIDED BY YOU IS USED CONSISTENT WITH THE PRIVACY POLICY. HOWEVER, THE INTERNET IS AN OPEN SYSTEM AND WE CANNOT AND DO NOT GUARANTEE THAT PERSONAL INFORMATION ENTERED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, MODIFIED, DELETED, DESTROYED, OR USED BY OTHERS. YOU AGREE NOT TO HOLD THE POETRY FOUNDATION AND ITS AFFILIATES LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, MODIFICATION, DELETION, DESTRUCTION, OR USE OF INFORMATION PROVIDED THROUGH THIS WEB SITE.

Digital Millennium Copyright Act Notification of Alleged Copyright Infringement.

The Project avails itself of the protection of the Digital Millennium Copyright Act. We reserve the right to remove any content or links that allegedly infringe another person's copyright. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent:

Service Provider: The Poetry Foundation
Designated Agent: Web master
Address: 61 West Superior Street, Chicago, IL 60654
Telephone: (312) 787-7070
Facsimile: (312) 787-6650
E-Mail: mail@PoetryFoundation.org

To be effective, the notification must be a written communication to the Designated Agent that includes substantially the following:

(a) A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) 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;

(c) 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 Foundation to locate the material;

(d) Information reasonably sufficient to permit the Foundation 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;

(e) 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; and

(f) 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.

Removal of Poems / Destruction of Copies

In the event that the Project elects to remove a poem previously published on the Web site, a notice of such removal may be posted on the Web site with a request that users of the Web site destroy any copies of a poem so identified that a user may have made. You agree to destroy or erase any such copy, if the Project requests that you do so.

Warranty and Liability Disclaimer

THIS WEB SITE IS PROVIDED AS IS AND WITH ALL FAULTS. WE GIVE NO WARRANTIES IN RESPECT OF THIS WEB SITE WHATSOEVER.

ALL INFORMATION CONTAINED ON OR WHICH MAY BE TRANSMITTED THROUGH THIS WEB SITE IS PROVIDED WITHOUT GUARANTEES OF COMPLETENESS, ACCURACY OR TIMELINESS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE POETRY FOUNDATION DOES NOT WARRANT THAT THIS WEB SITE, OR ANY OTHERS WEB SITE THAT MAY BE LINKED TO THROUGH THIS WEB SITE, WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES, DEFECTS OR HARMFUL COMPONENTS, COMPATIBLE WITH YOUR COMPUTER EQUIPMENT OR FIT FOR ANY PURPOSE.

THE POETRY FOUNDATION IS NOT RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR DAMAGES OF ANY KIND, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, COMPENSATORY, ACTUAL, PUNITIVE, SPECIAL, INCIDENTAL OR EXEMPLARY, ARISING OUT OF USE, REFERENCE TO OR RELIANCE ON ANY INFORMATION OBTAINED ON OR THROUGH THIS WEB SITE.

Remedies for Misuse

You agree that any unauthorized use of the Web site or its contents may cause The Poetry Foundation and Affiliates immediate and irreparable harm for which money damages may not constitute an adequate remedy. You further agree that injunctive relief, in addition to any other remedies available, may be warranted in order to enforce these Terms of Use. You further understand that unauthorized use of the Web site may expose you to civil and criminal liability and that we may report violations of these Terms of Use to and cooperate fully with the appropriate law enforcement authorities concerning any violations hereof.

IN ADDITION TO ANY OTHER REMEDY AVAILABLE, YOU AGREE AND ACKNOWLEDGE THAT IN THE EVENT THAT YOU WILLFULLY BREACH ANY OF THESE TERMS, INCLUDING, BUT NOT LIMITED TO AMENDING OR MODIFYING THE CONTENT OR UNAUTHORIZED COPYING, MODIFYING, DOWNLOADING OR REPRODUCING ANY PORTION OF THE WEB SITE OR THE SOFTWARE IN VIOLATION OF THESE TERMS OF USE, THEN YOU SHALL BE LIABLE TO THE POETRY FOUNDATION FOR LIQUIDATED DAMAGES IN THE AMOUNT OF $5,000 PER VIOLATION. IN NO EVENT SHALL LIABILITY FOR LIQUIDATED DAMAGES PRECLUDE LIABILITY FOR CONSEQUENTIAL DAMAGES OR ANY OTHER REMEDY.

Governing Law

These Terms of Use, including the Privacy Policy incorporated by reference, and any claim or dispute relating to it will be governed by the laws of the State of Illinois applicable to contracts made and performed there without regard to its conflicts of law principles.

Termination

We reserve the right to terminate these Terms of Use, including the Privacy Policy incorporated by reference, at any time without notice for any reason or for no reason, including for any user's violation of any of the provisions of the Terms of Use. The Limitation of Liability and Governing Law sections of these Terms of Use shall survive any such termination.

General Terms and Conditions

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

These Terms of Use constitute the entire agreement between you and The Poetry Foundation and Affiliates with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the you and The Poetry Foundation and Affiliates with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The captions used in these Terms of Use appear solely for convenience and such captions do not constitute any part of the Terms of Use.

Any rights not expressly granted herein are reserved by The Poetry Foundation.

Contact Information

If you have any questions about this Privacy Policy, the operation of this Web site, or your dealings with us, you can contact us at:

The Poetry Foundation
61 West Superior Street
Chicago, IL 60654
tel: (312) 787-7070
fax: (312) 787-6650
mail@PoetryFoundation.org