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.
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.
APPDATA, INSIDE NETWORK, SEMANTICWEB, 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.
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.
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.
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.
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.
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)