User Agreement with IntraMedia®:
As a user of the IntraMedia® Website(s), I represent
to IntraMedia® that my access is on my own behalf or
on behalf of my employer or my own business enterprise
and that I am authorized and empowered to make promises,
representations, and agreements on my own behalf or on
behalf of my employer or business enterprise. I understand
this agreement contains important legal and financial
responsibilities that may affect my employer, my business, or me.
As an inducement for IntraMedia® to provide me with
access to or permitting me to use IntraMedia® Websites,
I agree to the following terms and conditions. I understand
that the Internet, electronic commerce, and technology
is changing rapidly, and IntraMedia® may address these
changes by changing these terms and conditions from time
to time at IntraMedia® sole discretion. Accordingly,
I promise to review regularly these terms and conditions
to be informed of and agree to any changes made by IntraMedia®.
If at any time I do not agree to any term or condition
of this or any revised IntraMedia® web access or use
agreement, I promise not to access or otherwise use any
IntraMedia® Websites. I understand that these terms and
conditions apply to all IntraMedia® Websites, including
any Websites owned, operated, or sponsored by any IntraMedia®
subsidiaries or affiliates. I agree that the word "content,"
as used in this Agreement refers to any materials, documents,
images, trademarks, copyrighted materials, graphics,
logos, design, audio, video, and any other information
provided from or on IntraMedia® Websites.
Purpose:
IntraMedia® maintains its Website content for general
marketing, promotional, public relations, and general
public information purposes. IntraMedia® does not transact
business or engage in transactions by way of IntraMedia®
Website content. Regardless of the existence of any order
forms, interactive features, request forms, invitation
for comment, or suggestions contained in any IntraMedia®
Website, no contract or binding obligation of IntraMedia®
of any kind may be implied, assumed, or made until an
authorized and empowered representative of IntraMedia®
reviews and accepts, in writing, any proposal, offer,
order, or other information submitted by the user via
any IntraMedia® Website. You agree that IntraMedia® becomes
legally bound to and responsible for only those promises,
obligations, and commitments contained in written contracts
and instruments signed by such authorized and empowered
representative of IntraMedia®. Notwithstanding anything
to the contrary contained in any IntraMedia® Website,
IntraMedia® reserves the right to and may reject any
information, offers, orders, suggestions, comments, or other
information submitted to IntraMedia® via any IntraMedia® Website.
No Permissions:
IntraMedia® provides its Website content for informational
purposes only for its customers, investors, vendors and
employees and other constituencies. No license is granted
by IntraMedia® to anyone to use or exploit any content.
If you wish to use or exploit any IntraMedia® Website
content, you agree to contact IntraMedia® in writing
and to use such content only in accordance with a written
agreement with IntraMedia®. If you use or exploit any
IntraMedia® content without the agreement of IntraMedia®,
you agree to be responsible for all claims, costs, losses,
expenses, damages, and liabilities incurred by IntraMedia®
as a result of your actions or omissions.
Disclaimer:
IntraMedia® has no obligation to be sure that the content
of its Website is accurate or complete, up-to-date or
current, free from technical inaccuracies or typographical
errors, or free from changes caused by any third party;
or that access to the IntraMedia® Website will be free
from interruptions, errors, computer viruses, or other
harmful components. You understand that IntraMedia® may
(but has no obligation in the absence of governmental
regulatory requirements) to change, withdraw, improve,
or otherwise modify its Website content at any time without
any notice to you.
No Warranties:
Website content is provided by IntraMedia® "as
is" and without warranties of any kind, either express
or implied. TO THE EXTENT ANY ACCESS OR USE OF THE IntraMedia®
Websites CONSTITUTES A SALE OR EXCHANGE OF GOODS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE ARE DISCLAIMED. You agree that
under no circumstances, including, but not limited to,
negligence, shall IntraMedia® be liable for any direct
or indirect, special, incidental, or consequential damages.
This includes but is not limited to loss of data or profit
arising out of the use or the inability to use the content
of an IntraMedia® Website, even if an IntraMedia® representative
has been advised of the possibility of your damages.
No Confidentiality And License:
If you wish to provide your information to IntraMedia®
and you wish to retain an interest or ownership in it,
you must contact IntraMedia® in writing and propose to
IntraMedia® a commercial transaction pursuant to which
you and IntraMedia® agree in a written and signed agreement
to an exchange of information. If you transmit to or
post on the IntraMedia® Website without any prior written
agreement with IntraMedia® providing for such activity,
any material, data, information or idea, it will be treated
as non-confidential and non-proprietary and may be disseminated
or used by IntraMedia® for any purpose. By sending IntraMedia®
any information or material, you grant IntraMedia® an
unrestricted, irrevocable license to use, reproduce,
display, perform, modify, transmit, and distribute those
materials and information. You also agree that IntraMedia®
is free to use any ideas, concepts, know-how, or techniques
that you send to IntraMedia® for any purpose without
any obligation to you.
No Unlawful Or Unacceptable content Posting:
You are not authorized to post on or transmit to any
IntraMedia® Website any unlawful, threatening, libelous,
defamatory, obscene, scandalous, inflammatory, pornographic,
or profane material, or any other content that could
give rise to any civil or criminal liability under the
law. If you do so, you agree to assume all claims, costs,
losses, expenses, damages, and liabilities caused by
such activity and indemnify and hold IntraMedia® harmless
from any liability or loss.
Hyperlinks:
IntraMedia® may provide hyperlinks to other Internet
Websites maintained by third parties or may provide third
party content on IntraMedia® Website. The content in
any such linked sites is not under IntraMedia® control
and IntraMedia® is not responsible for the content of
those sites, including any further links in another site.
If you decide to access any of the third party sites
linked to an IntraMedia® Website, you do so entirely
at your own risk. It is up to you to take precautions
to ensure that the third party you link to for your use
is free of computer viruses, worms, Trojan horses, and
other items of a destructive nature. By providing a link,
IntraMedia® does not necessarily endorse a third party
or its Website. IntraMedia® reserves the right to terminate
a link to a third party Website at any time in its sole
discretion.
Linked Internet Sites:
If you wish to provide a link to an IntraMedia® Website,
you may do so under the terms and conditions of this
or any future IntraMedia® web access and use agreement,
but: you may not use or replicate IntraMedia® content;
you agree not to create a browser, border environment
or frame for IntraMedia® content; you may not imply that
IntraMedia® is endorsing you or your products or services;
you may not misrepresent your relationship with IntraMedia®;
you may not present false information about IntraMedia®
products or services; and your linked Website shall not
contain content that could be construed as distasteful,
offensive or controversial, and or contain content that
is not appropriate for all age, racial, religious, or
other groups protected by law. If you violate these promises,
you agree to be responsible for all claims, costs, losses,
expenses, damages, and liabilities associated with such
acts or omissions and indemnify and hold IntraMedia®
harmless and you agree to remove any link to IntraMedia®
immediately upon the request of IntraMedia®.
No Representations, Legal Compliance:
IntraMedia® makes no representation that content or
materials in an IntraMedia® Website are appropriate or
available for use outside the U.S.A. You agree to refrain
from access to content on an IntraMedia® Website from
jurisdictions where such access is illegal or prohibited.
If you choose to access this site from other jurisdictions,
you do so on your own initiative and are responsible
for compliance with applicable local laws and regulations.
We are not responsible for any law violations of law
or regulation by your access or use of any content on
an IntraMedia® Website. You must become familiar with
U.S. laws and regulations on export of technical information
and you agree you will not use or export content in an
IntraMedia® Website in violation of U.S. export laws
and regulations. Any claims relating to IntraMedia® Website
and its content and materials shall be governed by the
laws of the States of California, U.S.A., without giving
effect to any principles of conflicts of laws. You agree
that any legal action or proceeding between us for any
purpose concerning this Agreement or the parties - obligations
shall be brought exclusively in a federal or state court
in the States of California.
Copyrights:
IntraMedia® claims the copyright interest in the compilation
in all the IntraMedia® Website content, including without
limitation, the incorporated IntraMedia®, Websites. The
laws of the United States of America and all other signatories
to the Berne Convention protect the copyright owner from
infringement and you represent that you have read, understand
and agree to The U.S. Copyright Act and such other applicable
laws and regulations of other countries and you will
not violate them in your access and use of any IntraMedia®
Website and that you will indemnify and hold IntraMedia®,
harmless. Copyright - IntraMedia® 2009.
Privacy Policy:
Your privacy on the Internet is important to IntraMedia®.
As part of the operation of IntraMedia®, certain pieces
of information are gathered about IntraMedia® members.
Below are explanations regarding the types of information
collected, what is done with it, and how to correct or
change the information. What information is collected
as part of the IntraMedia® member registration process,
the prospective member is asked to provide an e-mail
address and interest category selections. The prospective
member, at their option, may voluntarily provide additional
information, including personal, geographic, and demographic
information. In addition to the information provided
by members, IntraMedia® may also collect information
about IntraMedia® members from third party sources. Furthermore,
IntraMedia® monitors incoming and outgoing Website traffic
data to help diagnose problems with its servers and to
administer its Website. IntraMedia® also uses this data
to assemble broad demographic information about its members
in general. The purpose of this data collection is to
ensure that IntraMedia® members receive only the most
relevant, targeted offers and information from IntraMedia®.
IntraMedia® uses "contact us" forms as a way
for clients, potential clients, and members to communicate
with IntraMedia®. IntraMedia® collects the information
supplied by the sender of the "contact us" form
in order to establish and maintain relationships with
clients, potential clients, and members. IntraMedia®
also uses e-mail links located on various pages of the
IntraMedia® Website to allow you to contact IntraMedia®
with questions or comments you may have. IntraMedia®
welcomes these e-mail communications and makes efforts
to respond to these communications where appropriate.
E-mail communications and the ideas sent to IntraMedia®
in these e-mail communications become the property of
IntraMedia®. IntraMedia® uses the e-mail communications
to evaluate and improve its services and Website. IntraMedia®
also may save these e-mail communications for future
reference or use.
In an attempt to customize the IntraMedia® service and
provide members with the information they may be most
interested in, IntraMedia® also conducts internal research
on our users' demographics, interests, and behavior based
upon information members provide directly to IntraMedia®
and information that IntraMedia® may collect from third
party sources and/or through the use of "cookies" (see
below). IntraMedia® may combine or otherwise overlay
some or all of the foregoing information to build profiles
about IntraMedia® members, which may be individual specific
or in aggregate form. By becoming an IntraMedia® member,
you consent to IntraMedia® employing the foregoing techniques
in its continuing efforts to better serve its members
by providing them with the information in which they
may be most interested. IntraMedia® does not use information
about its members for any purposes unrelated to the services
offered by IntraMedia®. As discussed above, IntraMedia®
may, from time to time, obtain information about its
members from third party sources. In addition, IntraMedia®
may, from time to time, assist third parties in developing,
implementing, and monitoring advertising campaigns using
data owned or supplied by the third party. Please be
aware that this Privacy Policy does not cover the conduct
or practices of these third party sources. However, IntraMedia®
will treat information that it receives from third party
sources according to the terms of this Privacy Policy.
The Use of Cookies:
As an important and necessary part of providing customizable
and personalized services to its members, IntraMedia®
uses cookies to store and sometimes track information
about members. A cookie is a small amount of data that
is sent to a member's browser from a Web server and stored
on a member's computer hard drive. Areas of IntraMedia®'s
Website where members are prompted to login or that are
customizable require acceptance of cookies. Cookies are
also used to help IntraMedia® track the response to messages
sent to members on behalf of marketers so that IntraMedia®
can monitor and report campaign results to the marketer
and track response history. With respect to cookies,
you have a choice. By modifying your browser preferences,
you have the choice to accept all cookies, to be notified
when a cookie is set, or to reject all cookies. If you
choose to reject all cookies, you will be unable to use
those IntraMedia® services that require the use of cookies
in order to participate.
Children's Online Privacy Protection:
The safety of children is important to us. IntraMedia®'s
Website is a general audience site and is not directed
to children under the age of 13. Similarly, IntraMedia®'s
services are not directed to nor intended for anyone
under the age of 13. IntraMedia® will not knowingly accept
members who are under the age of 13 years nor will it
knowingly collect or maintain personally identifiable
information from or about anyone under the age of 13
years. Accordingly, when registering to become an IntraMedia®
member, the new member must certify that they are not
under the age of 13. IntraMedia® relies on the truthfulness
of this certification when accepting new members. In
the event that IntraMedia® receives information that
establishes that a member is under the age of 13 years,
IntraMedia® reserves the right, which it will exercise,
to terminate that member's membership. IntraMedia® will
also delete all information in its databases about that
terminated member. If you believe IntraMedia® has any
information from or about anyone under 13, please contact
us at the following e-mail info@intramedia.tv.
Confidentiality:
IntraMedia® will not provide personally identifiable
information of an IntraMedia® member to third parties
except as noted under "Limits of Confidentiality." Personally
identifiable information means the member's name, residence
address, e-mail address, Social Security number, or other
information from which the member's identity may be reasonably
ascertained. IntraMedia® uses proprietary technologies
to preserve the anonymity of members while matching the
member's interests with targeted information sent via
e-mail.
IntraMedia® will under no circumstance knowingly reveal
any member's identity to marketers. It is solely at a
IntraMedia® member's discretion if he or she chooses
to provide personally identifiable information to a marketer
by making a purchase, requesting additional information,
or communicating directly with the company or organization
after visiting its Website or otherwise.
Limits of Confidentiality:
As part of its day-to-day business activities, IntraMedia®
must disclose certain aggregate level information about
IntraMedia® members to certain third parties; principally,
marketers who use IntraMedia®'s work. Below is the information
and circumstances under which IntraMedia® may be required
to disclose information to third parties.
Marketers: IntraMedia® will disclose aggregate level
information about IntraMedia® members to marketers as
reasonably necessary to explain the services that IntraMedia®
can offer, to report on the advertising campaigns that
IntraMedia® undertakes for any particular marketer, and/or
to implement and explain campaign strategies. Subject
to the exceptions discussed below, IntraMedia® will not
knowingly disclose any personally identifiable information
about an IntraMedia® member to a marketer. Due to the
existing legal, regulatory and security environment,
IntraMedia® may be required, under certain circumstances,
to disclose aggregate level and/or personally identifiable
information about its members. IntraMedia® will use its
best efforts to limit such disclosure to the following:
where IntraMedia® believes in good faith that it is required
to do so in response to a subpoena or other legal process;
where reasonably required to do so in order to maintain,
update or otherwise implement IntraMedia® data security
measures, equipment, technical operations and the like;
or where reasonably necessary to identify, contact or
bring legal action against persons or entities to preserve
and/or enforce IntraMedia®'s rights.
Use of Information:
IntraMedia® uses member information to deliver the IntraMedia®
services. Thus, member information is used by IntraMedia®
in identifying information that may be of interest to
its members. A member's e-mail address will be used by
IntraMedia® to contact that member about member-selected
interests. IntraMedia® also uses member information to
monitor, interpret, analyze, and report campaign results.
IntraMedia® does not use member information for purposes
unrelated to the services offered by IntraMedia®.
Protection of Member Information:
IntraMedia® undertakes substantial efforts to protect
the confidentiality of the identity, preferences and
other information it has collected about individual members
and will never knowingly allow access to this information
to anyone outside IntraMedia® other than to the member
or as described above under the heading Limits of Confidentiality.
IntraMedia® has made a substantial investment in its
server, database, backup, and firewall technologies to
protect the information assets of IntraMedia®, including
the confidentiality of information collected about IntraMedia®
members. These technologies are deployed as part of a
sophisticated security architecture and protocol. You
should also do your part in protecting your information.
Your IntraMedia® user name and password are confidential
and we recommend that you not divulge them to anyone.
Unfortunately, neither IntraMedia® work nor data transmission
over the Internet can be guaranteed to be 100 percent
secure. As a result, while we strive to protect member
information, IntraMedia® cannot ensure or warrant the
security of member information. Thus, any information
a member transmits to us is done so at the member's own
risk. Once we receive member information, IntraMedia®
undertakes substantial efforts to protect the confidentiality
of this information consistent with this Policy.
Policy Changes:
The foregoing policy is effective as of July 1999. IntraMedia®
reserves the right to change this policy at any time.
Please check this page periodically for changes. Your
continued use of IntraMedia®'s services following the
posting of changes to these terms will mean you accept
those changes. IntraMedia® will take reasonable measures
to notify you if there is a material change in our privacy
practices with respect to use of the information you
have provided to IntraMedia®. IntraMedia® will conspicuously
post these changes in our Privacy Policy. IntraMedia®
also will post a message on the home page of its Website
that states that the Privacy Policy has been changed,
and will provide a link to the Privacy Policy. These
postings will occur on IntraMedia®'s Website at least
30 days prior to any material change. For more information,
see our Terms and Conditions of service. If you have
any questions about this privacy statement, IntraMedia®
practices, or feel that your privacy has been compromised
please contact us as info@intramedia.tv.
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