Site Policy (Version 9.0) 1993 – 2011

This site policy provides important information about your use of these sites. Please take the time to read and understand this site policy. You may review, save, and print any part of this site policy.

IF YOU CHOOSE TO ACCEPT THIS SITE POLICY, YOU MUST DO SO AS IT IS PRESENTED TO YOU WITH NO CHANGES, WITH NO ADDITIONS, AND WITH NO DELETIONS.

By using this site, you agree to abide by and to be bound by the following site policy. Roy Mitsuoka reserves the right to change site policy at any time without prior notice.

IF ANY CHANGES TO SITE POLICY ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USE OF THESE SITES. YOUR CONTINUED USE OF THESE SITES NOW AND FOLLOWING ANY CHANGES, INDICATE ACCEPTANCE OF SITE POLICY AND FOLLOWING ANY CHANGES.

Your privacy is important. So Site Policy covers how data is collected, used, disclosed, transfered, and stored. Please take a moment to familiarize yourself with site policy.

Collection and Use of Personal Information:

Personal information is data that can be used to uniquely identify or contact a single person.

You may be asked to provide your personal information anytime you are in contact with Roy Mitsuoka sites, profiles, and networks, and affiliated sites and networks. Roy Mitsuoka and affiliates may share this personal information with each other and use it consistent with this Site Policy. May also combine it with other information to provide and improve products, services, and content.

Here are some examples of the types of personal information collected and how personal information may be used.

Personal information:

  • When you create an ID, register, download software, participate in an online survey, and participate in social networks, sites, and profiles, may collect a variety of information, including your name, mailing address, phone number, e-mail address, contact preferences, and other similar and related data.
  • When you share your content with family and friends using these sites and affiliated sites and networks, may collect the information you provide about those people such as name, mailing address, e-mail address, phone number, and other similar and related data.

Personal information use:

  • Personal information to help develop, deliver, and improve products, services, and content.
  • From time to time, may use your personal information to send important notices.
  • May also use personal information for internal purposes such as auditing, data analysis, research, products, services, and communications.

Collection and Use of Non-Personal Information:

Collect also non-personal information − data in a form that does not permit direct association with any specific individual. May collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that is collected and how may be used:

  • May collect information such as occupation, language, zip code, area code, unique device identifier, location, and the time zone to better understand behavior and improve products, services, and content.
  • This information is aggregated and used to help provide more useful information and to understand which parts are of most interest. Aggregated data is considered non-personal information for the purposes of this site policy.

May combine non-personal information with personal information, the combined information will be treated as personal information for as long as it remains combined.

Cookies and Other Technologies:

Roy Mitsuoka sites, profiles, and networks, and affiliated sites and networks, online services, interactive applications, e-mail messages, and advertisements may use “cookies” and other technologies such as pixel tags and web beacons. These technologies help better understand user behavior, which parts of the websites people have visited, and facilitate and measure the effectiveness of content and web searches. Treat information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, treat the combined information as personal information for the purposes of this site policy.

Roy Mitsuoka and affiliates use cookies and other technologies to remember personal information when you use websites, online services, and applications. Goal in these cases is to make your experience more convenient and personal. Knowing your country and language, your computer or device, how you use a particular service will make content, e-mail messages, and postings more relevant. Knowing your contact information, product serial numbers, and information about your computer or device helps provide you with better services.

As is true of most websites, gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit pages, operating system, date/time stamp, clickstream data, and other and similar related data.

This information is to understand and analyze trends, to administer sites, to learn about user behavior on sites, and to gather demographic information. Roy Mitsuoka may use this information.

In some of the messages and posting on these sites, use a “click-through URL” linked to content on the Roy Mitsuoka websites and affiliate sites. When clicking on one of these URLs, they pass through a separate web server before arriving at the destination page on Roy Mitsuoka websites and affiliate sites. Track this click-through data to help determine interest in particular topics and measure the effectiveness of communications and content. If you prefer not to be tracked in this way, you should not click text or graphic links in the messages and postings.

Disclosure to Third Parties:

At times Roy Mitsuoka may make certain personal information available to affiliates, networks, law enforcement, partners, legal personnel, and so on  that work with Roy Mitsuoka to provide products and services, or that help Roy Mitsuoka. Personal information will only be shared by Roy Mitsuoka to provide or improve products, services, sites, and content ; it will not be shared with third parties for their marketing purposes.

Service Providers

Roy Mitsuoka shares personal information with companies who provide services such as information processing, delivering products, managing and enhancing data, providing services, assessing interests, and conducting research or surveys. These companies are obligated to protect your information and may be located wherever Roy Mitsuoka operates.

Other:

It may be necessary − by law, legal process, by possible civil rights violations, litigation, and requests from public and governmental authorities within or outside your country of residence − for Roy Mitsuoka to disclose your personal information. May also disclose information about you if determine that for purposes of national security, law enforcement, civil rights, hate crime, and other issues of public importance, disclosure is necessary and appropriate.

May also disclose information about you if determine that disclosure is reasonably necessary to enforce terms and conditions or protect Roy Mitsuoka and affiliates. Additionally, in the event of a reorganization or merger may transfer any and all personal information collected to the relevant party.

Protection of Personal Information:

Roy Mitsuoka sites, products, services, applications, forums, chat rooms, and social networks, the personal information you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to submit in these instances. Please take care when using these features.

Location-Based Services:

To provide location-based services on Roy Mitsuoka products, Roy Mitsuoka sites, profiles, and networks, and affiliated sites and networks, online services, interactive applications, e-mail messages, and partners and licensees may collect, use, and share precise location data, including the real-time geographic location of your computer or device.

Third-Party Sites and Services:

Roy Mitsuoka sites, profiles, and networks, and affiliated sites and networks, online services, interactive applications, e-mail messages, products, applications, and services may contain links to third-party websites, products, and services. Products and services may also use or offer products or services from third parties − for example, a third-party iPhone app. Information collected by third parties, which may include such things as location data or contact details, is governed by their site practices and policy. Encourage you to learn about the privacy practices of those third parties.

International Users:

Information you provide may be transferred or accessed by entities around the world as described in this site policy. Roy Mitsuoka abides by the “safe harbor” framework set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information collected by organizations in the European Economic Area and Switzerland. Learn more about the U.S. Department of Commerce Safe Harbor Program.

Others:

You may download, view, copy, and print this site, provided, site used for personal, informational, and non commercial purposes.

Except where your use constitutes fair use under United States Electronic Commerce Laws and Codes, United States Copyright Laws and Codes, and United States Trademark Laws and Codes, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, and distribute any information from this site in whole and in part without the expressed authorization of Roy Mitsuoka or applicable third party.

You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, and distribute any information from this site in whole and in part to impersonate Roy Mitsuoka, applicable third party, subsidiaries and their employees, affiliated companies and their employees, officers, directors, contractors, agents, licensers, suppliers, and falsely state and otherwise misrepresent your affiliation with Roy Mitsuoka, applicable third party, subsidiaries and their employees, and affiliated companies and their employees, officers, directors, contractors, agents, licensers, and suppliers.

Any posting that has one or two of the unacceptable elements will be replaced in whole with a notice that the message is unacceptable.

Two Unacceptable Elements:

Hate Speech. Use of derogatory language towards any race, any sex, any religion, or any sexual orientation, or the suggestion that violence should be done to those members.

Personal Attacks and Harassment. Do not attack personal education, personal intelligence, personal moral character, or personal religion, or attack back with personal attacks.

Site Disclaimer:

The materials on this site are provided as is and without warranties of any kind, expressed and implied, to the fullest extent permissible pursuant to applicable laws and codes.

Roy Mitsuoka or applicable third party disclaims all warranties, expressed and implied, including, but not limited to, implied warranties of merchantability and implied fitness for a particular purpose.

Roy Mitsuoka or applicable third party does not warrant functions contained on this site will be uninterrupted, error free, and that this site and this server that makes site available is free of viruses and is free of harmful components.

Roy Mitsuoka or applicable third party does not warrant and make any representations regarding the use of materials on this site and results from the use of materials on this site in terms of their accuracy, completeness, reliability, operability and untimely delivery of materials through site, harm resulting from downloading materials through site, and harm resulting from accessing materials through site.

Materials Disclaimer:

The materials on this site are my own personal opinions and do not represent my employers expressed and implied views. Thoughts and opinions often change. Site is intended to provide a semipermanent snapshot of my own personal opinions. Do not consider out of date materials to reflect my current thoughts and opinions.

Donations Disclaimer:

Non charitable donations or non tax deductible donations gives no rights, services, and guarantees. Non charitable donations or non tax deductible donations are non refundable.

Limitation of Liability:

Any content, materials, and information downloaded and obtained through use of this site is done at your own discretion and at your own risk.

In no event shall Roy Mitsuoka or applicable third party be liable for any direct, indirect, incidental, special, consequential damages, damages for loss of profits, damages for loss of revenue, damages for loss of data, use incurred by you, use incurred by third party, whether in action, whether in contract, whether in tort, and arising from your access to this site and use of this site.

Indemnity:

You agree to defend, indemnify, and hold harmless Roy Mitsuoka, surflightroy.com, roymitsuoka.us, http://www.roymitsuoka.us, roymitsuoka.net, http://www.roymitsuoka.net, roymitsuoka.info, http://www.roymitsuoka.info, roymitsuoka.com, http://www.roymitsuoka.com, roymitsuoka.org, http://www.roymitsuoka.org, http://www.twitter.com/surflightroy, www.linkedin.com/in/roymitsuoka, roy_mitsuoka@mac.com, applicable third party, subsidiaries and their employees, affiliated companies and their employees, officers, directors, contractors, agents, licensers, suppliers from all liabilities, all losses, all damages, all claims, all costs, and all expenses.

Applicable Laws:

United States Electronic Commerce Laws and Codes, United States Copyright Laws and Codes, and United States Trademark Laws and Codes shall govern all matters relating to your access to site and use of this site. Any legal action and legal proceeding relating to your access to site and use of site shall be instituted in the United States Federal Courts. You and this site agree to submit to the jurisdiction of and agree that above mentioned venue is proper in these courts in any such legal action, legal proceeding, and legal dispute. You and this site also agree that regardless of any statute and of any law to the contrary, any legal action, any legal proceeding, and any legal dispute relating to your access to site and use of this site must be filed within 90 business days after such legal action, legal proceeding, legal dispute, or be forever barred.

Intellectual/ Property Rights:

Intellectual or proprietary rights of Roy Mitsuoka or applicable third party (including, but not limited to, copyright, trademark, service mark, and patent) displayed on this site are the property of Roy Mitsuoka or applicable third party. Users are not permitted to use them without the prior written consent of Roy Mitsuoka or applicable third party which may own such intellectual or proprietary rights (including, but not limited to, copyright, trademark, service mark, or patent).

Notice of Claim:

Notice of claim on content that violates United States Electronic Commerce Laws and Codes, on content that violates United States Copyright Laws and Codes, and on content that violates United States Trademark Laws and Codes contact Roy Mitsuoka, Copyright Agent Sue Carroll, and Copyright Agent Jeremy Abraham.

Roy Mitsuoka
E-Mail: roy_mitsuoka@mac.com

Copyright Agent Sue Carroll
1 Infinite Loop, MS 3-TM
Cupertino, California 95014
U.S.A.
E-Mail: copyrightagent@apple.com

Copyright Agent Jeremy Abraham
100 Fifth Avenue
Waltham, Massachusetts 02451
U.S.A.
E-Mail: copyright@lycos-inc.com

Provide the following information:

1. identify the content
2. provide your last name, your first name, and your telephone number
3. provide a statement on how content is not authorized (a) by United States Electronic Commerce Laws and Codes, (b) by United States Copyright Laws and Codes, or (c) by United States Trademark Laws and Codes
4. provide a statement that (a) the information you have provided is accurate and (b) you are the owner of the content involved or you are authorized to act on behalf of that owner
5. provide, under penalty of perjury, your physical signature or your electronic signature

If Copyright Agent Sue Carroll or Copyright Agent Jeremy Abraham determines a violation has occurred identified content will be removed.

Digital Millennium Copyright Act:

Notice of claim on content that violates Digital Millennium Copyright Act contact Roy Mitsuoka and Digital Millennium Copyright Act Agent Mia Garlick.

Roy Mitsuoka
E-Mail: roy_mitsuoka@mac.com

Digital Millennium Copyright Act Agent Mia Garlick
543 Howard Street, 5th Floor
San Francisco, California 94105
U.S.A.
E-Mail: dmca@creativecommons.org

Provide the following information:

1. identify the content
2. provide your last name, your first name, and your telephone number
3. provide a statement on how content is not authorized by Digital Millennium Copyright Act Agent Mia Garlick
4. provide a statement that (a) the information you have provided is accurate and (b) you are the owner of the content involved or you are authorized to act on behalf of that owner
5. provide, under penalty of perjury, your physical signature or your electronic signature

If Digital Millennium Copyright Act Agent Mia Garlick determines a violation has occurred identified content will be removed.

Concern/ Question Regarding Site Policy:

If you have concern or question regarding site policy please contact Roy Mitsuoka.

Roy Mitsuoka
E-Mail: roy_mitsuoka@mac.com

Provide the following information:

1. identify (a) site policy of concern or (b) site policy in question
2. provide your last name, your first name, and your telephone number
3. provide a statement on how site policy of concern or site policy in question is not authorized (a) by United States Electronic Commerce Laws and Codes, (b) by United States Copyright Laws and Codes, (c) by United States Trademark Laws and Codes, or (d) by Digital Millennium Copyright Act Laws and Codes
4. provide, under penalty of perjury, your physical signature or your electronic signature

If applicable third party determine concern or question regarding site policy is valid, site policy will be clarified.

Request for Picture:

If you have request for picture please contact Roy Mitsuoka.

Roy Mitsuoka
E-Mail: roy_mitsuoka@mac.com

Provide the following information:

1. identify picture
2. provide your last name, your first name, and your telephone number
3. provide a statement that (a) picture is of you or (b) you are in picture
4. provide, under penalty of perjury, your physical signature or your electronic signature

If applicable third party determines request for picture is valid picture in request will be sent.

FAILURE OF ROY MITSUOKA OR APPLICABLE THIRD PARTY TO EXERCISE AND ENFORCE ANY RIGHTS OR ANY PROVISIONS OF SITE POLICY SHALL NOT CONSTITUTE WAIVER OF SUCH RIGHTS OR PROVISIONS OF SITE POLICY.

IF A UNITED STATES FEDERAL COURT SHOULD FIND THAT ONE OR MORE RIGHTS OR PROVISIONS CONTAINED IN SITE POLICY ARE INVALID YOU AND ROY MITSUOKA OR APPLICABLE THIRD PARTY AGREE THAT THE REMAINDER OF SITE POLICY SHALL BE ENFORCEABLE.

SITE POLICY CONSTITUTE AGREEMENT BETWEEN YOU AND ROY MITSUOKA OR APPLICABLE THIRD PARTY WITH RESPECT TO THE SUBJECT MATTER CONTAINED HEREIN AND SUPERSEDES ANY OTHER AGREEMENT, ANY OTHER PROPOSAL, AND ANY OTHER COMMUNICATION, ORAL AND WRITTEN, BETWEEN ROY MITSUOKA OR APPLICABLE THIRD PARTY AND YOU WITH RESPECT TO THE SUBJECT MATTER HEREOF, EXCEPT THAT ANY OTHER SITE POLICY LOCATED ON ANY SITE ASSOCIATED WITH AND AFFILIATED WITH ROY MITSUOKA OR APPLICABLE THIRD PARTY ARE INCORPORATED HEREIN BY THIS REFERENCE TO THE EXTENT THEY DO NOT CONFLICT WITH THESE SITE POLICY.