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LifestylePrivacy.com
Privacy Agreement
This is the agreement which creates the privacy protection you will have if you subscribe. It's the next
best thing to getting a law passed which protects you. The binding legal language is on the right below.
Explanatory notes in "people's English" are on the left. More explanatory examples are in the Q&A section on
this site. You are also welcome to email us with questions about the agreement at legal@lifestyleprivacy.com.
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1. Preamble. This agreement exists to protect the subscriber
The Preamble tells what the purpose of the
from unauthorized disclosure of personal information. All subscribers
agreement is, and why there is a need for
mutually promise confidentiality of that information to each other. It is
it. Some people just want more privacy
understood that the need for such protection arises because the
protection than just trusting their intimate
subscriber wants privacy that can be jeopardized by friends or
friends. Even dating can be risky. Other
people live a "different" lifestyle, meaning
acquaintances. Perhaps the subscriber is interested in lifestyle activities
one which many may look down on, such
which are generally regarded as personal and private, or are seen as
as nudism, swinging, transvestitism,
different, controversial, undesirable or immoral by some in the general
BDSM, etc. Many who are gay want that
public, though they are legal, and are not immoral to the subscriber.
fact to remain private.
This agreement protects the subscriber within its scope as to all such
information and any other private information.
2. Who is bound. A person becomes bound by this agreement
if s/he:
a.
“signs” it by clicking agreement to it online
(or
consents to such clicking),
Even if you don't subscribe, you can become
b. agrees to abide by the agreement, or
bound if you agree to be -- you just don't have
the other advantages of being a subscriber.
c.
accesses information protected by the agreement
without permission, knowing it is protected by the agreement. In the
Hackers will be prosecuted. This just gives
case of hacking (theft of information by computer), the hacker will be
subscribers the right to get money damages from
presumed to have known of this agreement prior to taking the
them.
information.
3. What I am agreeing to. I agree to the following:
a. Protection of privacy: general. I will not disclose the
identity of anyone as a subscriber to this agreement, or any subscriber’s
personal information, or experiences I have with any subscriber or ob-
serve a subscriber having, or anything about a subscriber I have reason
If a reasonable person would know that another
to believe that subscriber would regard as private (such as his/her
subscriber would want something to stay private,
participation in a particular lifestyle or their status as a person, e.g.,
you must keep it so -- among all subscribers.
being gay or transsexual), to anyone who is not a subscriber. This duty
arises when a subscriber has verified his/her subscription to me, or I
learn that s/he is a member of a group that has subscribed.
b. Protection of privacy: specific information. I will not
This part adds a layer of protection. If you don't
disclose to anyone, whether or not a subscriber, any information which a
want all subscribers to know something, you can
subscriber specifically requests I not disclose. A subscriber may
tell one or more subscribers to keep it strictly
designate any document as private under this paragraph by attaching the
private between you.
LP logo to it.
It's not fair to hold you to the agreement if the
c. Waiver. I may disclose information which is protected
subscriber whose information is involved is
by this agreement if the subscriber who owns it waives the protection. A
making his information public in some way. But
waiver may be express (stated in words) or implied (by conduct). If a
to be sure, you should ask that subscriber if it's
subscriber authorizes a limited disclosure
(for example, to other
OK to disclose to others. The best rule is, Don't.
subscribers), I will respect that limit.
Example: A subscriber discloses protected information in my presence
to non-subscribers who do not agree to keep it confidential. I may then
disclose the same information to others, unless I have reason to believe
the subscriber does not intend a general waiver.
You can't use the agreement as a cover for illegal
d. Crime. I am not agreeing to conceal evidence of
activities. The Lawrence case went a long way
criminal activity, except consensual, victimless activities which I believe
to legalize sex practices of all kinds, and it and
other cases may protect other consensual and
are protected by constitutional rights expressed or implied in the
victimless activity. If that is the subject, you may
Supreme Court's decision in Lawrence v. Texas, 539 U.S. 558 (2003).
reasonably claim constitutional protection.
4. What happens if there is a violation of the agreement.
a. Arbitration. Violations shall be enforced by binding
An arbitration is a private trial, in which the
arbitration which shall be private. The arbitration shall take place in the
arbitrator plays the role of the judge. There is no
jury. No evidence becomes public, only the final
county where the victim resides or where the violation occurred, at the
judgment. It permits enforcement of the
option of the victim. It shall be conducted under the Commercial
agreement without defeating its purpose --
Arbitration rules of the American Arbitration Association, unless the
keeping certain information private.
parties agree on different rules. A violator will be liable if the violation
was intentional or reckless. The victim shall be entitled to the costs of
You won't be liable if a disclosure was just a
the arbitration and to attorney's fees if s/he prevails, but shall not be
mistake, but you may have to prove that.
liable for such fees if s/he does not prevail unless the complaint of
violation lacked substantial evidence.
Liquidated damages are agreed to in advance,
b.
Damages: The victim may claim one of the
so you don't have to prove the extent of your
following:
damage. But if you choose the option to prove
actual damages, you will have more kinds of
* If the violation causes loss of full-time em-
damages you can prove, and there is no ceiling.
ployment, liquidated damages of $50,000, subject to reduction of that
amount by the amount of actual earnings since the loss.
* If the violation causes injury to reputation in
For this option, you have to show that the
the community, liquidated damages of one dollar times the number of
disclosure hurt your reputation not just in your
circle of friends, but in your community.
persons living in the county where the victim resides, or times number of
subscribers of any publication, or audience of any radio or television
broadcast, or page views of any Internet site, in or on which any of the
disclosed information appears, whichever is greater in dollar amount.
This option lets you combine the first two options,
* Both the above two items.
if both are applicable.
"Actual damages" means you have to show the
* Actual damages, for the same elements of
dollar extent of the damages, and you can do so
damage as invasion of privacy and wrongful disclosure of confidential
for various kinds of loss, including mental
information, and punitive damages not to exceed three times the amount
distress, loss job or profits, or other losses
of actual damages.
resulting from the disclosure.
c. Enforcement assistance. LifestylePrivacy.com agrees
to assist in the enforcement of this agreement in these ways:
This guidance tells how to do an arbitration, and
* We will provide guidance in how to go about
includes how to select a lawyer to help you.
commencing an arbitration and carrying it through to a conclusion.
The certification will avoid the need for you to get
* We will furnish certification that the
proof of those items.
subscribers involved were in fact subscribers, their contact information,
the dates of the subscriptions, and any history of other violations.
W e want to help you as much as we can, but
* We may offer to advance the costs of
your facts would need to be strong enough for us
arbitration in our sole discretion, in exchange for an agreed percentage
to advance the money.
of the claim.
5. Fraud and collusion. If any subscriber falsely claims a
Any subscriber engaging in fraud will be barred
from subscribing to the agreement permanently.
violation has occurred or colludes with anyone to press a false claim of
violation, s/he shall be liable to the subscriber falsely accused, who shall
have the same remedies as for a disclosure violation. Each violator shall
also be liable to LifestylePrivacy.com for any losses incurred in
attempting to enforce the agreement, also enforceable in arbitration as
above.
On rare occasion a person can be pulled into a
6. Notice of compelled or requested testimony. I agree to
divorce or a criminal prosecution where the court
notify LifestylePrivacy.com immediately upon receiving information
wants to know what you know. This agreement
that I will be required or requested to give evidence to any public official
can help protect private information. We will tell
or court in any matter relating to information protected under this
you how. In our sole discretion, we may pay a
lawyer to assist you. We want to help protect
agreement. I agree to assert all appropriate privileges (such as self-
you, but also the integrity of the privacy
incrimination), including this agreement, and to request exemption of the
agreement. That is in everyone's interest.
protected information from compelled evidence, and I agree not to give
such evidence unless compelled by a court.
7. Amendments. This agreement may be amended from time to
Sometimes the law changes, sometime society
time by LifestylePrivacy.com upon prior notice to me, and if I do not
changes, and sometime we get good
suggestions, and we need to update.
agree with the amendment, I may terminate my subscription and receive
a pro rata refund.
8. Duration and limitations. My commitment not to disclose
private information revealed to me under this agreement is perpetual.
Even if I let my subscription lapse, I remain bound as to new disclosures
of private information to me by active subscribers who are not informed
of my subscription lapse.
You are only protected after your subscription
I remain protected after I let my subscription lapse as to
lapses if the later violation against you involves
disclosures of my private information I made during my subscription to
information revealed by you before the lapse to a
active subscribers. However, if my subscription is not current at the
then-active subscriber who is the violator. Even
time of a violation against me, LifestylePrivacy.com will not provide me
then, a lapse means you won't have our
the enforcement assistance described above.
enforcement support.
This agreement becomes effective upon transmittal of an email
confirmation notice to the new subscriber.
The period of limitations for any violation of this agreement shall
"Limitations" means the period of time your rights
not commence until the victim receives actual knowledge of the
exist and you can file (in this case) an arbitration.
violation, and shall continue five years from that date.
The Restatements are summaries of American
9. Governing law. This agreement shall be governed by the
law made by eminent law professors, lawyers
common law of the states of the U.S.A., as interpreted by the
and other commentators, and have been
Restatements of the Law of the American Law Institute.
followed by courts in over 150,000 cases.
10. Venue. Any action relating to this agreement, including an
arbitration to enforce it, may be brought in the judicial district where the
victim resides if there was adverse effect there, where the violation
occurred, or where the violator is found. I consent to personal
jurisdiction in such venues.
11. Severability. If any part of this agreement is held by a court
to be invalid, the remaining parts shall remain in force and shall be
interpreted so as to facilitate the purposes of the agreement.
© 2012 Lifestyle Netmedia LLC
Version 3-1-2012