Mediabistro Inc. Privacy Policy

We respect and are committed to protecting your privacy. That is why we have adopted this Privacy Policy. This Privacy Policy lets you know how your personal information is processed and explains data collection and use practices for the Mediabistro Network, owned and operated as a division of Prometheus Global Media. The "Mediabistro Network" includes all Web pages, newsletters, discussion forums and lists and opt-in announcement lists owned or operated by Mediabistro Inc. and each of its wholly-owned subsidiaries (collectively the "Site") home page (collectively hereafter "Mediabistro"). By accessing the Mediabistro Network, you are consenting to the information collection and use practices described in this Privacy Policy.

We promise that we will use your personal information only in ways that are compatible with this Privacy Policy as follows:

What information are you collecting and how are you collecting it?

Do you collect IP addresses?

Every computer connected to the Internet is given a domain name and a set of numbers that serve as that computer's "Internet Protocol" IP address. When a visitor requests a page from any Web site within the Mediabistro Network, our Web servers automatically recognize that visitor's domain name and IP address. The domain name and IP address reveal nothing personal about you other than the IP address from which you have accessed our Sites. We use this information to examine our traffic in aggregate, and to investigate misuse of the Mediabistro Network, its users, or to cooperate with law enforcement. We do not collect and evaluate this information for specific individuals. Our Web servers do not automatically record e-mail addresses of the visitors.

What are cookies?

From time to time, Mediabistro or its advertisers may send a "cookie" to your computer. A cookie is a small piece of data that is sent to your Internet browser from a Web server and stored on your computer's hard drive. A cookie can't read data off of your computer hard disk or read cookie files created by other Web sites. Cookies do not damage your system. We use cookies to identify which areas of Mediabistro's Network you have visited or customized, so the next time you visit, those pages may be readily accessible. Our advertisers may also use cookies to ascertain how many times you've seen an advertisement. Our advertisers and we may use this information to better personalize the content, banners, and promotions that you see on our Site. You can choose whether to accept cookies by changing the settings of your Internet browser. You can reset your browser to refuse all cookies, or allow your browser to show you when a cookie is being sent. If you choose not to accept these cookies, your experience at our Site and other Web sites may be diminished and some features may not work as intended.

How do you use single-pixel gifs?

Mediabistro, its third party service providers and advertisers may use single-pixel gif images, sometimes referred to as web bugs or Web beacons, to count Web page accesses and gather some general statistical information. Mediabistro does not gather personal information through the use of these images. Our advertisers and third party providers may use single-pixel gifs that can track personal information from cookies that may have been previously placed on a user's computer. Mediabistro also uses various third party providers to track and analyze non-personally identifiable aggregate usage information from visitors to our Web sites in order to continuously improve the quality of our sites and services to you.

What personal information do you collect?

Wherever Mediabistro collects personal information we make an effort to include a link to this Privacy Policy. We will ask you when we need information that personally identifies you (personal information) or allows us to contact you. The personal information we collect may include your name, title, company or organization name, e-mail address, phone number, work or home address, information about your job function, information about your company, and credit card information.

We may request your e-mail address or mailing address for the purposes of conducting a contest or to provide additional services (for example, subscriptions to announcement lists or information about conferences and trade shows). Participation in contests or other promotions on the Mediabistro Network is completely voluntary and you have a choice whether or not to disclose personal information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code). Contact information will be used to notify the winners and award prizes.

If you are purchasing something on the Mediabistro Network, we, and any third party provider, need to know your name, e-mail address, mailing address, credit card number and expiration date. This allows us, or third party providers, to process and fulfill your order and to notify you of your order status. Credit card and e-mail information will not be shared or sold to third parties for any purpose except as provided in this Privacy Policy without your express permission.

Mediabistro also offers access to some services that require registration. We may use your registration contact information to send notification to you of products and services by e-mail and/or postal mail. We may share that information with our clients and they may also send you promotional materials. We may also use your IP address internally and share it with third parties.

When you sign up for a Mediabistro e-mail newsletter, you are given the opportunity to sign up for targeted third-party mailings. Whether or not you want to receive these announcements is your choice. If you choose to receive an announcement from a specific distribution list, you will receive commercial messages from independent third parties that have contracted with Mediabistro to send messages to the list. You may stop the arrival of these announcement lists at any time by removing your e-mail address from the list by forwarding the announcement list to announcementlist@Mediabistro.com or by following the instructions on the e-mails you receive.

When you sign up for a Mediabistro discussion forum, your name or alias is recorded solely for purposes of maintaining your own account within the forums. This information is not used to monitor your activity within a forum, nor is it used to identify you outside the Mediabistro network.

When you use co-branded services, or those provided by a third party, within the Mediabistro Network, your information may be passed to the co-brand or third party provider and their use of your information is subject to their applicable privacy policies.

We may from time to time send e-mail announcing new products and services. If you choose to supply your postal address in an online form, you may receive postal mailings from Mediabistro or third party companies.

Will you disclose the information you collect to outside third parties?

Mediabistro will disclose personal information and/or an IP address:

  • 1) To contact you regarding other products and services which may be of interest to you (including those we may offer jointly with other companies). At any time, however, you may opt out of such contact;
  • 2) When required by law or in the good-faith belief that such action is necessary to:
    a) Cooperate with the investigations of purported unlawful activities and conform to the edicts of the law or comply with legal process served on Mediabistro;
    b) Protect and defend the rights or property of the Mediabistro Network of sites and related properties, or visitors to the Mediabistro Network of sites and related properties;
    c) Identify persons who may be violating the law, the Mediabistro legal notice and Web site User Agreement, the rights of third parties, or otherwise misusing the Mediabistro Network or its related properties;
    d) Fulfill a user's order or request;
  • 3) To process and fulfill your order or notify you of order status;
  • 4) When we have your consent to share the information;
  • 5) When you use co-branded services within our network of sites, you grant us permission to pass your registration information back to that service partner. Their use of your information is subject to their applicable privacy policies.

We maintain a strict "No-Spam" policy that means that we do not sell, rent, or otherwise give your e-mail address to a third-party, without your consent or as permitted by this Privacy Policy.

What else should I know about my privacy when online?

Mediabistro may use third-party advertising companies and advertising networks to serve ads to you based on information (not including your name, address, email address or telephone number) about your visits to our Web sites in order to provide targeted advertisements about goods and services that may be of interest to you while visiting other Web sites.

The Mediabistro Network contains many hyperlinks to third party Web sites. The Mediabistro Network also contains advertisements of third parties. Mediabistro is not responsible for the privacy practices or the content of such third party Web sites or advertisers. Mediabistro does not share any of the individual personal information you provide Mediabistro with the third parties to which Mediabistro links, except as stated elsewhere within this Privacy Policy, although Mediabistro may share general, aggregate data with such third parties (such as how many people use our Site). Please check with those Web sites to determine their privacy policy.

If you use Mediabistro's discussion threads, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these discussion threads. In order to avoid your e-mail address or other personal information from being gathered and used by others for inappropriate or harmful purposes, Mediabistro advises that you should be cautious about posting a real e-mail address or other personal information to newsgroups, chats, or other public forums.

Please keep in mind that whenever you voluntarily disclose personal information online - for example through e-mail, discussion lists, or elsewhere - that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.

Certain Mediabistro media properties use a shopping cart feature that safeguards this information by using industry standard SSL (Secure Socket Layer) encrypted servers. SSL codes the information transferred between you and the server, rendering it unreadable to anyone trying to intercept the information. Other Mediabistro media properties do not use SSL and thereby do not offer a secure coded way to transfer information. Ultimately, you are solely responsible for maintaining the secrecy of your personal information. Please be careful and responsible whenever you're online.

Business transfers

We are always seeking to improve our network of Web sites and our business. In accomplishing these objectives, we may sell a company, assets or Web sites or one or more of the companies in our corporate family may merge with, or be acquired by, another company. In connection with the foregoing, we may transfer some or all of your information in order that the service being provided to you may continue or for other business purposes.

Your Consent To This Agreement

By using the Mediabistro Network, you consent to the collection and use of information by Mediabistro as specified above. We reserve the right to modify this Policy. If we decide to change our Privacy Policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

Please send any questions about Mediabistro's Privacy Policy to: privacy@Mediabistro.com

Please note that your use of the Mediabistro network of Web sites is governed by our Legal Notice.

Mediabistro participates in the Safe Harbor program and adheres to the Safe Harbor principles developed by the U.S. Department of Commerce and the European Union or Switzerland. For more information about the Safe Harbor program, please visit the U.S. Department of Commerce’s Safe Harbor website http://www.export.gov/safeharbor/

Mediabistro has further committed to refer unresolved privacy complaints under the US-EU or Swiss Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU or Swiss SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by Mediabistro, please visit the BBB EU OR SWISS SAFE HARBOR web site at www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.

(Revised October, 2012)


Mediabistro AUP Agreement

Posting Features

The Mediabistro network of websites (the "Websites") include a variety of features that allow feedback, interaction and the posting of content and material for display on the Websites, such as discussion forums, message boards, blogs, commenting features, photo and video uploading, sharing, tagging, social networking and public discussion features (collectively the "Posting Features"). Your access and/or use of any of the Posting Features hosted by Mediabistro Inc. and its affiliate sites indicates your acceptance of the Mediabistro Legal Notice, Privacy Policy and in this Acceptable Use Policy ("AUP"). The AUP can be modified at any time, and your continued use of the Posting Features indicates your acceptance of the modified terms that can be found at http://www.mediabistro.com/aboutus/legal.asp#aup. Specific Websites may have additional terms of service, available at the respective sites, in addition to those found in this AUP. Mediabistro advises you to review any and all such additional terms of service prior to use of any website.

By using these Forums, you agree to the following:

  • By posting messages, blog entries, comments, uploading files, inputting data, or engaging in any form of communication through this service (collectively "the Content"), you are granting Mediabistro Inc., its successors and assignees, a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, adapt, transmit, publicly perform or display any such Content on the site to which it was contributed (or successor site). In plain English, you allow us to continue to display your contributions on the Websites.

  • If you post any graphic images, photographs or videos, you warrant that you have all necessary rights to such Content and accept all liability for any model or property release issues that may arise from an individual or trademarked property in the Content. Please do not submit any images, photographs or videos for which you do not have a current, valid model or property release.

  • You will not post any Content that is knowingly false, misleading, or inaccurate.

  • You will not behave in an abusive and/or hateful manner, and will not harass, threaten, nor attack anyone.

  • You will not use profanity and will neither post with language or Content that is obscene, sexually oriented, sexually suggestive or otherwise objectionable, nor link to websites that contain such content.

  • You will respect other people's right to personal privacy and will not post any other person's identifying information (including their names, contact information, and any other relevant information).

  • You will not violate any laws nor to discuss illegal activities.

  • You will not to impersonate any person or entity, forge headers or otherwise manipulate identifiers in order to disguise the origin of any posting, nor collect or store personal data about other users

  • You will not post any copyrighted material, nor link to any copyrighted material (with the exception of publicly available sites and pages that the legal owners of the copyrights have created to make that material freely available to the general public), unless that copyright is owned by you or you otherwise have the rights to such Content.

  • You will not use these Posting Features for the purposes of sharing or distributing viruses, licenses, registration information, software keys, "cracks," or other information designed to do harm to or allow unlawful access to any computer hardware, software, networks, or any other systems.

  • You will not post advertisements, chain letters, pyramid schemes, or solicitations, all of which are inappropriate and prohibited. You will not, furthermore, collect personal information for the purpose of sending any advertisements, chain letters, pyramid schemes, or solicitations through other means (email, messaging programs, etc.).

  • You will not post messages that are clearly outside of the stated topic of any Posting Features nor disrupt Posting Features by deliberately posting repeated irrelevant messages or copies of identical messages (also known as "flooding").

  • You will, if asked by a representative of the Websites, cease posting any Content, and/or links to Content, deemed offensive, objectionable, or in poor taste by the staff of the Websites.

Except where expressly permitted, you do not have the right to use, copy, transmit, modify or repurpose any Content that does not belong to you which is on the Websites or made available through the Posting Features. At all times, you remain solely responsible for anything you post and agree to indemnify and hold Mediabistro and its subsidiaries, affiliates, officers, directors, agents, sponsors, advertisers, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any material you submit, post to or transmit through the Posting Features, your use of the Posting Features, your connection to the Posting Features or Websites, your violation of the AUP, Legal Notice, or Privacy Policy, or your violation of the rights of another.

Please remember that the open and real-time nature of these Posting Features makes it is impossible for us to vouch for the validity of any content posted. As such, we are neither responsible for any content posted nor the consequences of following any advice offered within such content. The views expressed in any Posting Features belong solely to their respective authors and do not necessarily reflect the views of Mediabistro, its affiliates, and/or sponsors. If you find any posts in any Posting Features to be offensive or objectionable, please contact us via email at the email address offered as a contact for the Posting Features in question. If we determine that removal of a post or posts is necessary, we will make reasonable efforts to do so in a timely manner.

These Websites do not and cannot review all of the Content of every message posted and do not accept responsibility for the contents of any messages. We reserve the right to delete any message and/or restrict posting rights in our Posting Features for any reason whatsoever. Should you continue to post messages that violate the rules of the Posting Features, your account may be terminated, your access to the Posting Features may be banned, and your service provider(s) may be contacted about your behavior. Furthermore, we expressly reserve our rights under the law to take any other actions we deem necessary.

We reserve the right to disclose personal information when required by law or in the good-faith belief that such action is necessary to conform to the edicts of the law or comply with a legal process served on Mediabistro, protect and defend the rights or property of Mediabistro network of sites, its visitors, users, advertisers, or sponsors, and to identify persons who may be violating the law, the Legal Notice, or the rights of third parties, and cooperate with the investigations of purported unlawful activities.

(Revised September 16, 2009)


Mediabistro Inc. Web Site User Agreement

This Agreement sets forth the terms and conditions that govern your access and use of the individual Web sites and related Internet media properties owned or operated by Mediabistro Inc. (hereinafter "Mediabistro") and each of its affiliates and subsidiaries, (collectively the "Site").

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. Mediabistro MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

This Agreement includes Mediabistro's Privacy Policy, Acceptable Use Policy and any specific terms on individual Mediabistro Web sites owned and operated by Mediabistro, each of which is incorporated into this Agreement in its entirety by reference, to which You are indicating Your agreement and acceptance to be bound by the provisions thereof, by way of your use of the Site.

1. Copyright, Licenses and Idea Submissions.

Domestic and International copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights and trademarks are Mediabistro, its affiliates and subsidiaries or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.

Subject to more specific terms on individual Mediabistro Web sites, you may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials (certain areas require paid license fee prior to downloading any material). Any material printed or downloaded by you from this Site, including, without limitation, any text, files, images, software, and data accompanying the foregoing is licensed to you by Mediabistro. Printing or downloading the material does not transfer title to the material, or any intellectual property rights therein, to you. You may not redistribute or sell the material.

Subject to more specific terms on individual Mediabistro Web sites, you may post and submit certain information and content to the Site. You agree to grant to Mediabistro a non-exclusive, royalty-free, worldwide, sub licensable, perpetual license, with the right to sub-license, to modify, adapt, transfer, sell, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, comment areas, forums and newsgroups) or by e-mail to Mediabistro by all means and in any media now known or hereafter developed. You also grant to Mediabistro the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Mediabistro for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Mediabistro.

If you believe that content appearing on the Site constitutes copyright infringement of another party's rights, please follow the instructions on our Copyrights and Copyright Agent Web page.

Mediabistro may use the information it obtains as a result of your registration with the Site, including but not limited to your IP address, name, mailing address, and email address for its internal business and marketing purposes and may disclose the information to third parties for such purpose pursuant to Mediabistro's Privacy Policy.

2. Trademarks.

ALLCREATIVEWORLD, STOCKLOGOS, and/or any other names of Mediabistro or its Web sites, blogs, seminars, conferences, events, trade shows, publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of Mediabistro, including the "look and feel" of the Site, color combinations, layout, and all other graphical elements. Any use of Mediabistro's trademarks is strictly prohibited without the express permission from Mediabistro. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

3. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by Mediabistro, Mediabistro does not operate, control or endorse any information, products or services on the Internet in any way. Except for Mediabistro identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with Mediabistro. You also understand that Mediabistro cannot and does not guarantee or warrant that the Site and files available for downloading through the Site will be free of error, interruption, infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Your use of the Site and any information or service obtained at the Site is at your own risk.

Mediabistro offers a search feature within the Site. Mediabistro explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Mediabistro also disclaims any responsibility for the completeness or accuracy of any directory or search result.

In connection with your use of the Site, you agree you will not:

    a) Transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, otherwise objectionable that may invade another's right of privacy or publicity or is otherwise objectionable;

    b) Impersonate any person or entity, including but not limited to, an Mediabistro official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;

    c) Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);

    d) Post or transmit any Material that contains a virus or corrupted data;

    e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

    f) Use the Site's communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);

    g) Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;

    h) Violate any applicable local, state, national or international law;

    i) Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

    j) Delete or revise any Material posted by any other person or entity;

    k) Manipulate or otherwise display the Site by using framing or similar navigational technology, or

    l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Mediabistro product or service if you are not expressly authorized by such party to do so.

    m) provide access to the Site to unauthorized third parties;

    n) publicly publish, copy (except for limited internal use), duplicate or replicate the Site;

    o) scrape any data, content or intellectual property, or otherwise trespass or interfere with the Site; or

    p) sublicense, distribute or transfer the Site or underlying data except as otherwise expressly permitted herein.

Mediabistro reserves the right to remove any item from the site which it determines, in its sole discretion, violates any terms.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. MEDIABISTRO PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY MERCHANDISE, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND Mediabistro SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE OR ANY SUCH MERCHANDISE, INFORMATION, SERVICE OR TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. Mediabistro HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL Mediabistro BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, ANY MERCHANDISE, INFORMATION, SERVICE, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE EVEN IF Mediabistro OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, ANY MERCHANDISE, INFORMATION, SERVICE, TRANSACTION AND/OR MATERIALS PROVIDED OR DOWNLOADED THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, MEDIABISTRO'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO CASE SHALL THE AGGREGATE LIABILITY FOR THE COMPANY TO YOU FOR ALL CLAIMS ARISING FROM YOUR USE OF THE SITE OR ANY SERVICE OR PRODUCT OBTAINED THROUGH THE SITE EXCEED $100.

4. Equipment.

You shall be solely responsible for obtaining and maintaining all hardware, equipment and services needed for access to and use of the Site and all charges related thereto.

5. Indemnification and Reservation of Rights.

You agree to indemnify, defend and hold harmless Mediabistro, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site.

Mediabistro reserves the right to release current or past member or Site user information in accord with Mediabistro’s Privacy Policy.

6. Third Party Rights.

The provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification) are for the benefit of Mediabistro and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

7.Term; Termination.

Either party without notice may terminate this Agreement at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 3 (Use of the Site), 5 (Indemnification), 6 (Third Party Rights) and 11 (Miscellaneous) shall survive any termination of this Agreement. Mediabistro reserves the right to terminate this Agreement without notice if, in Mediabistro's sole discretion, you fail to comply with any of the terms of this Agreement. Upon termination, you must destroy all materials obtained from the Site, copies, and related documentation.

8. Special Terms for International Use.

Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Software or other goods from the Site is subject to United States export controls. No software or other goods from the Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software or other goods from the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

9. Dealings with Third Parties.

Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Mediabistro shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

10. Links.

The Site may provide, or third parties may provide, links to non-Mediabistro Internet Web sites or resources as a convenience to you ("Third-Party Sites"). Because Mediabistro has no control over such sites and resources, you acknowledge and agree that Mediabistro is not responsible for the availability of such Third-Party Sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Links to Third-Party Sites are not endorsements by Mediabistro of such Third-Party Sites. You further acknowledge and agree that Mediabistro shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third Party Site or resource.

11. Web Site Security Rules.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web site, overloading, "flooding", "mailbombing" or "crashing", or (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Mediabistro will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.

12. Miscellaneous.

This Agreement shall all be exclusively governed and construed in accordance with the laws of the State of Connecticut, United States applicable to agreements made and to be performed in the State of Connecticut, United States. You agree that any legal action or proceeding between Mediabistro and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the County of Fairfield, State of Connecticut, United States and you hereby expressly consent to the exclusive personal jurisdiction of these courts. This Agreement contains the entire understanding of the parties hereto relating to the use of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Site. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement.

Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Mediabistro's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Mediabistro may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved for Mediabistro.

Some of the information on this Web site may contain projections or other forward-looking statements regarding future events or the future financial performance of Mediabistro. We wish to caution you that these statements are only predictions and that the actual events or results may differ materially. Mediabistro files documents from time to time with the Securities and Exchange Commission, specifically, our most recent prospectus. These documents contain and identify important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements. They include, among others, potential fluctuations in quarterly results, retention and dependence on personnel; dependence on Internet advertising and a limited number of advertisers, rapid technological and market change, competition, risks associated with Internet infrastructure, volatility of stock price, limited protection of intellectual property, and future growth subject to risks.

Copyright 2013 Mediabistro Inc.

(Revised June 13, 2013)


Mediabistro Inc. Copyrights and Copyright Agent

Copyright Notice

All information and material in any media or format on the Mediabistro.com, InsideNetwork, Semantic Web and AllCreativeWorld networks and all websites owned or operated by Mediabistro Inc. or its affiliates are Copyright 1999-2012 by Mediabistro Inc, 475 Park Avenue South, 4th Floor New York, NY 10016 Tel 212.389.2000 Fax 212.725.4640, unless otherwise explicitly noted. All rights reserved. This copyright includes, but is not limited to, all text, graphics, videos, and sounds, proprietary layout, design, linking strategies, and scripting.

All requests for permission to reprint, link, or otherwise interface with Mediabistro content, should be addressed to: Chris Airens, Vice President and Editorial Director, Mediabistro, 475 Park Avenue South, 4th Floor, New York, NY 10016; 212-389-2000 Fax: 866-880-1429; chris@mediabistro.com.

Mediabistro respects the intellectual property of others, and we ask our users to do the same. Mediabistro may, in appropriate circumstances and at its discretion, terminate the accounts or privileges of users who infringe the intellectual property rights of others.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Mediabistro' Copyright Agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  2. a description of the copyrighted work that you claim has been infringed;

  3. a description of where the material that you claim is infringing is located on the Mediabistro site;

  4. your address, telephone number, and email address;

  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Mediabistro' Copyright Agent for Notice of claims of copyright infringement on its site is Mitchell Eisenberg who can be reached as follows:

By mail:

Chris Airens
c/o Mediabistro Inc
475 Park Avenue South
4th Floor
New York, NY 10016

By phone:

212-389-2000

By fax:

866-880-1429