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I. PRIVACY POLICY

mediabistro is committed to protecting the privacy of its users. We do not share our users' personal information unless you specifically authorize us to, or unless required by law. We do not derive any profit from selling or sharing email addresses or personally-identifiable information to any other party. The following discloses in more detail the information gathering and dissemination practices for the mediabistro.com Web site and all its site-related services (collectively, the "Site") provided by mediabistro inc ("Mediabistro", "Mediabistro.com", "we", "us") to you ("users", "visitors", "members"). By using the Site, you express your agreement with these terms. If you do not agree with these terms, please do not use the Site. If you have questions or concerns or suggestions regarding this statement, please contact us.

1) Information Collected
2) Communications from mediabistro.com
3) Sharing of Information
4) Choice / Opt-out
5) Notification of Changes to this Privacy Policy
6) Links, and Security
7) How to contact us

1) INFORMATION COLLECTED

We collect information from our users at several different points and in several ways on our Web site.
a) Registration and Manage Account page
In order to use portions of this Web site, a user must first complete the registration form. During registration a user gives contact information (such as name and email address). We use this information to contact the user about services on our site for which he has expressed interest.
b) Profile
c) Job Alerts
d) Post Resume
e) Order Forms
We request information from the user on our order form. A user must provide contact information (such as name, email, and shipping address) and financial information (such as credit card number, expiration date). This information is used only for billing purposes and to fill customer’s orders. If we have trouble processing an order, the information is used to contact the user.
f) Surveys
From time-to-time we may request information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. The requested information may include contact information (such as name and shipping address), and demographic information (such as zip code). Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site. Users’ personally identifiable information is not shared with third parties unless we give prior notice and choice. Though we may use an intermediary to conduct these surveys or contests, they may not use users’ personally identifiable information for any secondary purposes.
g) Cookies
A cookie is a piece of data stored on the user’s computer tied to information about the user. We use both session ID cookies and persistent cookies. Session ID cookies are temporary files, deleted when the user closes his browser, that are used to ease the user's navigation of the site, for instance by remembering what pages have been viewed or what parts of a form have been completed. Persistent cookies are small files stored on the user's hard drive for extended periods of time, which are used by mediabistro.com to identify returning users to the site, and to speed up the login process for these users. Persistent cookies can be deleted by following the instructions in your Internet browser software. Third-party advertisers may place and/or recognize cookies on our site. However, we have no access to or control over these cookies, once we have given permission for them to set cookies for advertising
h) Third Party Advertising Some ads appearing on this Web site are delivered to users by Doubleclick, our Web advertising partner. Information about users’ visit to this site, such as number of times they have viewed an ad (but not user name, address, or other personal information), is used to serve ads to users on this site. This privacy statement covers the use of cookies by mediabistro.com only and does not cover the use of cookies by any advertisers.
i) Log Files
Like most standard Web sites we use log files. These files record site visitors' internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. Log files are used to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. They are not linked to personally identifiable information.
j) Clear Gifs (Web Beacons/Web Bugs)
We employ [or our third party advertising company employs] a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. Clear gifs are not tied to users’ personally identifiable information.

2) COMMUNICATIONS FROM THE SITE

a) Special Offers and Updates
We send all new members a welcoming email to verify password and username. Established members may occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users we present the option to not receive these types of communications. Please see the Choice and Opt-out sections.
b) Newsletter If a user wishes to subscribe to our newsletter, we ask for contact information such as name and email address. Out of respect for our users privacy we provide a way to opt-out of these communications. Please see the Choice and Opt-out sections.
c) Service Announcements On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.
d) Customer Service We communicate with users on a regular basis, including by email, to provide requested services and in regards to issues relating to users' accounts.

3) SHARING OF INFORMATION

mediabistro.com will not share any user's information with any other party, except for in the following limited instances:
a) Disclosure specifically authorized by the User For instance, if you opt to have your Email Address linked to your postings on the Bulletin Board, it will then be viewable by other visitors to the Bulletin Board section of the Site. Or, if you place a Resume on the Site, and then distribute the unique URL for that Resume to others, the resume will then be viewable on the Site to any web browser which goes to that URL.
b) Legal Compliance
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.
c) Aggregate Information (non-personally identifiable)
We share aggregated demographic information with our partners and advertisers. This is not linked to any personally identifiable information.
d) Third Party Advertisers (non-personally identifiable)
mediabistro inc. shares Web site usage information about users with Doubleclick for the purpose of targeting our Internet banner advertisements on this site and other sites. For example, mediabistro inc. uses cookies and clear GIFs on this site, which allow them to recognize a user's cookie when a user visits this site. The information they collect and share through this technology is not personally identifiable. If you would like more information about this practice and to know your choices about not having this information used by these companies, please click here.
e) Third Party Payments
We use a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.
f) Other Service Providers
We currently partner with third-party service providers, (such as eRSVP.com, which provides us with event-management services). When the user employs or participates in these particular services, we share names, or other contact information that is necessary for the third party to provide these services. These third parties are not allowed to use personally identifiable information except for the purpose of providing these services.
g) Business Transitions
In the event mediabistro inc. goes through a business transition, such as a merger, being acquired by another company, or bankruptcy, users’ personal information will, in most instances, be part of the assets transferred. Users will be notified via email prior to a change of ownership or control of their personal information. If as a result of the business transition, the users’ personally identifiable information will be used in a manner different from that stated at the time of collection they will be given choice consistent with our notification of changes section.

4) CHOICE / OPT-OUT

a) Choice/Opt-out
Users who no longer wish to receive our newsletter and other communications may opt-out of receiving these communications by emailing us or by going to the Manage Account page in the Members Center (http://www.mediabistro.com/memberscenter).
b) Correcting/Updating/Deleting/Deactivating Personal Information
If a user’s personally identifiable information changes (such as zip code, phone, email or postal address), or if a user no longer desires our service, we provide a way for the user to correct, update or delete this information. This can be done at the Members' Center (http://www.mediabistro.com/memberscenter) or by emailing us.
c) Resumes
Any resume a user creates on or uploads to the Site will be kept there until deleted by the user. Once deleted, a resume will not be used by mediabistro.com for any purpose, or in any way made available to other parties.

5) NOTIFICATION OF CHANGES TO THIS PRIVACY POLICY

If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the privacy policy under which the information was collected. If, however, we are going to use users’ personally identifiable information in a manner different from that stated at the time of collection we will notify users via email. Users will have a choice as to whether or not we use their information in this different manner. However, if users have opted out of all communication with the site, or deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner. In addition, if we make any material changes in our privacy practices that do not affect user information already stored in our database, we will post a prominent notice on our Web site notifying users of the change. In some cases where we post a notice we will also email users, who have opted to receive communications from us, notifying them of the changes in our privacy practices.

6) LINKS, SECURITY

a) Links
This Web site contains links to other sites. Please be aware that we, mediabistro inc., are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
b) Security
This Web site takes every precaution to protect our users’ information. When users submit sensitive information via the Web site, their information is protected both online and off-line. When our registration/order form asks users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the best encryption software in the industry - SSL. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Finally, the servers that store personally identifiable information are in a secure environment.

7) CONTACT INFORMATION

If you have any questions, concerns, or suggestions regarding our privacy policy, please contact us at:
Phone: (212) 929-2588
Email: send us a message
Postal Address: 494 Broadway, New York, NY 10012
Web site URL: http://www.mediabistro.com

 

II. TERMS OF SERVICE AGREEMENT

The mediabistro.com Terms of Service Agreement
TRADEMARKS, COPYRIGHTS & RESTRICTIONS

All materials on this site, including, but not limited to, images, illustrations, posts, audio clips, video clips (the "Materials") are protected by copyrights that are owned or licensed by the Company. mediabistro.com and "jobs, parties, people: Where the Media Feeds" are registered trademarks. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from www.mediabistro.com or any other web site owned or operated by the Company without the prior written permission of the Company. However, you may download or make one copy of the Materials, and other downloadable items displayed on the site, for personal, non-commercial home use only, provided all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of the Company's copyrights and other proprietary rights. Use of these Materials on any other web site or other networked computer environment is prohibited without prior written permission from the Company.

LINKS

The Company is not responsible for the content of any sites that may be linked to or from www.mediabistro.com. These links are provided for your convenience only and you access them at your own risk.

DISCLAIMERS

By using this web site and/or posting Materials, you agree to indemnify the Company, its officers, directors, employees, successors, agents, distributors, and affiliates for any and all claims, damages, losses, and causes of action (including attorneys' fees) arising out of or relating to your breach or alleged breach of this agreement or for any content that is provided by you or through your user I.D. and/or password. You agree to cooperate as fully as reasonably required in the defense of any claim. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

COMPANY'S SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. THE COMPANY DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION WILL BE AT YOUR SOLE RISK. THE MATERIALS ON THIS SITE ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND APPEAR ON THE SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, AND VALIDITY OF ANY MATERIALS ON THE WEB SITE AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you. Neither the Company, nor its officers, directors, employees, agents, successors, distributors or affiliates are responsible or liable for any loss, damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on the Company's web site.

Also, you acknowledge that you are responsible for the information and material that you submit to mediabistro.com, including but not limited to submissions to the "Bitch Box" column, should not violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other
applicable laws and regulations, and agree that you are wholly responsible for your actions. You, and not mediabistro.com, will have full responsibility for each
such Submission, including its legality, reliability, appropriateness, originality and copyright. As such, you agree to hold mediabistro.com entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred by mediabistro.com in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your use of the Site or the use of the Site by any person using your screen name and/or password (including without limitation your participation on the bulletin board or your Submission to the "Bitch Box" column or other Submissions) violates any applicable law or regulation, or the rights of any third party.

Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You agree that mediabistro.com shall be free to use or disseminate a Submission which is posted on the Site for any purpose. By submitting any Submission to the Site, you automatically grant, or warrant that the owner of such Submission has expressly granted, Mediabistro the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Submission (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

The views expressed on the mediabistro.com bulletin board and in freelance articles published on mediabistro.com are not the views of mediabistro.com inc. or any of its staff members.

TERMINATION

The Company may, in its sole discretion, terminate or suspend your access to all or part of the site, including, but not limited to, any Message Boards on its site, for any reason, including without limitation, breach of this Agreement. In the event this Agreement is terminated, the restrictions regarding Materials appearing on the site, and the representations and warranties, indemnities, and limitations of liabilities set forth in this Agreement will survive termination. In the event that you are unsatisfied with the services provided by Company, your sole remedy is to terminate this Agreement.

JURISDICTION

This site is controlled and operated by the Company from the Company's headquarters in New York, New York. The Company does not represent or warrant that Materials on the site are appropriate or available for use in
other locations. If you choose to access this site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. This agreement will be governed by and construed in
accordance with the laws of the State of New York, as it is applied to agreements entered into and performed within that State. Any action brought to enforce this agreement or matters related to the site will be brought in either the State or Federal Courts of Delaware. If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remaining provisions of this Agreement will remain in force. This Agreement constitutes the entire agreement between you and the Company concerning your use of the site, and the Agreement will not be modified, except in writing, signed by both parties.

This bulletin board service ("mediabistro Bulletin Board") is provided by mediabistro inc., a Delaware Corporation ("Company") to you ("you" or "user"), subject to the terms of this mediabistro Bulletin Board agreement ("Agreement"), and the rules that may be published from time to time by mediabistro. mediabistro bulletin boards are provided as a free service to users who agree to abide by the terms and conditions of this Agreement. mediabistro reserves the right to change the nature of this relationship at any time. Users who violate the terms of this Agreement will have their mediabistro bulletin board access canceled and they may permanently be banned from using mediabistro bulletin boards.

ENTERING A BULLETIN BOARD OF mediabistro WILL CONSTITUTE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT ENTER mediabistro BULLETIN BOARDS.

BULLETIN BOARD RULES

You are entirely responsible and liable for all activities conducted by you. Listed below are some, though not all, violations which may result in mediabistro terminating your access. You agree not to do any of the following actions while using mediabistro bulletin boards:

(1) harass, threaten, embarrass or cause distress or discomfort upon another mediabistro bulletin boards participant, user, or other individual or entity;

(2) transmit via mediabistro bulletin boards any information, data, text, files, links, software, communication or other materials ("Content") that mediabistro considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;

(3) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in mediabistro bulletin boards;

(4) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing mediabistro bulletin board in connection with your use of mediabistro in any manner;

(5) invade the privacy or violate any personal or proprietary right of any person or entity; and

(6) infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity.

CONTENT

You and any user of your bulletin board name must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. mediabistro.com shall have the right, but not the responsibility, to remove Content which is deemed in mediabistro's sole discretion harmful, offensive, or otherwise in violation of this Agreement or any rules mediabistro has in place at the time. mediabistro.com may elect at its sole discretion to monitor some, all, or no areas of mediabistro.com bulletin boards for adherence to this Agreement or mediabistro.com's rules.