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What persons or parties are covered
under this Privacy Policy?
This Privacy Policy is intended to cover all
visitors to
www.unsoldspace.com
or www.unsoldspace.net,
all registered customers whether paid or unpaid, and all recipients
that receive media information facilitated by UnSoldSpace. More
specifically, all persons who visit or view the aforementioned URLs
(which are owned by UnSoldSpace, LLC) and its contents, whether
intentionally or unintentionally, whether solicited or unsolicited,
are described herein as “Visitor” and are parties to this
Privacy Policy. Registered customers of UnSoldSpace services are
referred to herein as “Customer” and are parties to this
Privacy Policy. Finally, any person that receives / views media
information derived from UnSoldSpace, whether intentionally or
unintentionally, whether solicited or unsolicited, is described
herein as “Recipient” and is party to this Privacy Policy.
The UnSoldSpace membership, its agents, owners, operators, and
employees are referred to collectively herein as “Site”. In
the event that a person excluded from this Site because of this
Site’s Terms of Service Agreement or from denial of service by the
Site, who nonetheless unlawfully views this Site, that person
remains subject to the terms of this Privacy Policy and is in
violation of Site’s Terms of Service Agreement.
This Site is not lawfully accessible to persons under the age of 18
or who are otherwise covered by the provisions of the Child Online
Privacy Act of 1998 (COPA). If you are under the age of 18 you must
leave this Site immediately. Fraudulent use of this Site may
subject you to civil or criminal sanctions.
Acceptance of the terms of this Privacy Policy is a portion of the
consideration required for your right to visit this Site and respond
to media information derived from Site. If you do not accept these
terms, you have no right to visit this Site and/or respond to a
Customer-initiated E-mail solicitation that contains e-Avail or e-RFA
media information.
What information do we collect and how
will your information be used?
This Site
routinely collects information about its Visitors and Customers.
This information is obtained in various ways, such as:
Registration Information
Registration information is collected by Site when a Visitor, or
potential Customer takes positive steps to input their personal and
company contact information, a credit card number, and associated
billing information into the Registration area of Site for the
purpose of becoming a registered Customer of Site services. At
UnSoldSpace, we use a 100% automated registration process that
incorporates Fraud Protection and secure sockets layer (SSL)
encryption which ensures the highest level of security for you with
respect to the registration information you enter at Site.
UnSoldSpace requires all registration information be submitted
online at Site by Visitor or potential Customer to ensure maximum
privacy and security which translates into a stable exchange
environment for all users. For your protection, the registration
information you enter/ed at Site will not be shared, rented or sold
to third parties without your consent except if Site
determines, in its sole discretion, that Customer has, or is engaged
in illegal (or suspected illegal) Site activity that results in a
fraud investigation or litigation. Customer agrees that any and all
of his or her data and/or information entered into Site may be
disclosed by Site to appropriate legal authorities determined by
Site without Customer’s consent.
Customer understands and agrees that Site will disclose his or her
Site-registered name, title, E-mail address, company name, and
company type to a self-selected audience / audience group when the
following Customer-initiated actions occur:
o Customer
selects a Disclosed Identity Type during the development of
their e-Avail or e-RFA
o Customer
chooses to use Site’s CER service to seek access to an e-Avail or e-RFA
posted in a Private Unrestricted manner at Site
Media Information
All Customer media information
uploaded to our Site is under sole control of the Customer in terms
of what, how and with whom their media information is shared.
Site pledges not to review, share,
distribute, modify, print, or reference any E-mail / e-RFA / e-Avail
information that personally identifies any Customer.
However, Site reserves the right to
assist / follow up with a Customer and review their E-mail / e-RFA /
e-Avail information when:
o Customer
asks Site to resolve a problem with their E-mail / e-RFA / e-Avail
information
o Media
Supplier Customer E-mails their ad space images to Site for
uploading to their e-Avail
o Solicited
Customer or Recipient complains to Site about receiving
Site-facilitated information from Customer that is in violation of
any aspect of Site’s Privacy Policy or Site’s Media Buyer / Media
Supplier Terms of Service Agreements.
Important:
Site prohibits all Customers from disclosing their personal and
company contact information within any e-Avail or e-RFA posted at
UnSoldSpace.
Company Grouping/s
During the Registration process at
Site, Customer will be given the opportunity to create a Company
Grouping. The auto-formation of a Company Grouping is
optional and only engaged when:
o Customer’s
direct report registers first at Site as a single user
o During
subsequent registration effort by Customer, he or she inputs their
direct reports E-mail address in the designated area at the bottom
of Site’s Registration page one
Site assumes that Customer has
obtained their direct report’s consent to create a Company Grouping
at Site. Furthermore, Customer agrees to indemnify Site against any
possible “CLAIM” or litigation brought forth by Customer, Customer’s
direct report, or Customer’s company for Site facilitating their
Company Grouping services described in the Media Buyers / Media
Suppliers Overview sections of Site.
What information is obtained by
electronic means and what are “Cookies”?
Many Web sites, including this Site, collect information about your
computer, your E-mail address, and your IP address. You must assume
that your Web-viewing or Web-use activity is monitored, tracked, and
information collected. This information is not usually of a
personal nature, but it may help define your viewing habits and
product preferences even though the Web site may or may not have any
idea who you are.
”Cookies” is Web jargon for bits of computer code placed on your
hard drive. Web sites use this to keep you “logged in”, to keep
track of search criteria, to monitor use, or to password protect use
of the Web site. Cookies can also be used to obtain information
about your computer configuration or your use of your computer.
Cookies can be used to electronically gather information about you.
Again, it may or may not be personal information, but it is
information and by using this Site you are expressly giving Site
permission to use “Cookies” and to use the information gathered from
their use to benefit you and this Site. You also give permission
for Site to collect, archive, retrieve, and use any electronic
information collected to enhance Site’s product design, product
offers to you, and if necessary, for exclusionary purposes. Your
privacy and security are not compromised in any way with cookies
from Site. No other company can access Site cookie information.
When you use our Site, UnSoldSpace may electronically collect
tracking information such as your browser type, the type of
operating system you use and the domain name of your Internet
service provider. In addition, we may collect generic data like
frequency and length of page views and e-Avail or e-RFA views.
Tracking and collection of this aforementioned information helps us
make your Site experience more useful. None of this information
identifies you personally; we collect it for aggregate reporting on
Site activity. Further examples of generic data we may collect
include tracking how many and what type of e-Avails and/or e-RFAs
were created each month by media type, or how long an average
Customer or Visitor spends viewing our Site. Site reserves the
right to pool this (and other) generic, non-personally identifying
data and re-market this data for commercial use.
In addition, Site uses cookies to store and sometimes track user
information that allows us to enhance your site experience by
offering convenient, personalized services. For example, cookies
allow us to keep track of your E-mail address and password (if you
are a Customer) so you don't have to re-enter that information each
time you visit our Site. Cookies, by themselves, do not tell us
your E-mail address or other personally identifying information
unless you choose to provide this information to Site by becoming a
Customer. A cookie contains a unique number that allows our Site to
recognize your computer. The “Help” function on most browsers
contains information on how to set your browser to notify you before
accepting cookies or to disable cookies entirely. However, if you
don't accept cookies, you won't be able to take advantage of various
features on our Site that are available to other Customers. Lastly,
we do not read any cookie files located on your hard drive created
by other Web sites.
What security measures can you expect from
UnSoldSpace?
We employ a secure process to collect, transmit and store your
personally identifying information. For example, as described
previously herein, when you provide us your registration information
online, we use Fraud Protection and secure sockets layer (SSL)
encryption to protect it. In addition, all Customer media
information uploaded to our Site is under sole control of the
Customer in terms of what, how and with whom their media information
is shared. However, as a consideration for viewing this Site or
interacting with this Site in any manner, you waive all “CLAIMS” of
any nature against this Site concerning the loss, alteration, or
misuse of your information or data, except in the case of gross or
willful neglect by Site. You must assume that it is possible for
your personal data to be obtained by others, such as “hackers”, and
used in an inappropriate manner that may cause you or your company
harm and you agree that Site is not responsible for such damages to
you or your company. If you suspect fraud or misuse of your data,
you are encouraged to notify Site immediately via Site’s Contact
page.
Lastly, we also encourage you to keep your password in a safe place
and not to divulge it to anyone. When you have finished visiting
Site, please remember to “Logout”. This ensures that others cannot
access your account, especially if you are sharing a computer with a
co-worker or are using a computer in a non-secure area.
What should you know about our E-mail policies?
Account Related E-mails
We reserve the right to send you E-mails
relating to the online administration of your account including, but
not limited to; registration confirmations, temporary password
notifications, and credit card problem inquiries without offering
you the opportunity to opt-out of receiving them.
Promotional E-mails
Site reserves the right to send Customer promotional E-mails
relating to your account including, but not limited to, important
Site updates and Site enhancements without offering you the
opportunity to opt-out of receiving them.
Site Contact Page
Customers, Visitors, or Recipients who wish to communicate with Site
via Site’s “Contact” page do so under three conditions:
-
Said users give
their permission for Site to respond via E-mail to Visitor,
Customer, or Recipient inquiry.
-
Said users are
subject to the terms and conditions of Site’s Privacy Policy
-
By communicating
with Site you give your permission for Site to collect, archive,
retrieve, and otherwise use any information collected from you as
Site sees fit.
Further, any communication that Site deems to be a testimonial, may
be publicized by Site for Site’s commercial purposes.
Business Engagement Inquiries via
E-mail
Since our Site function is to aggregate and facilitate the
sale/lease of ad space, virtually all of the unsolicited E-mails
that you may receive from Site will be sent by your static media
counterparts (that you most likely know and trust) attempting to
invite you to view and respond to their live e-Avail or e-RFA posted
at
www.unsoldspace.com.
Since we have no control over the individual/s our Customers choose
to market their e-Avail or e-RFA to, we cannot offer an opportunity
to opt-out of receiving this type of E-mail inquiry.
SPAM
By providing this Site information that forms the basis of
communication with you, such as your E-mail address, you waive all
rights to file complaints concerning unsolicited E-mail from Site.
That said, you should feel confident that virtually all E-mail sent
by Site to you will be related to the online administration of your
account at Site.
What if this Privacy Policy changes?
This Privacy Policy may change from time to time. Any changes to
Site's Privacy Policy content from its initial publishing on
October
1, 2006 will be displayed in red text herein and date stamped.
Customer has an affirmative duty, as part of the consideration for
permission to view and become a registered user of Site services, to
stay informed of possible Privacy Policy changes by checking Site’s
Privacy Policy content area each time Customer visits this Site.
Customer agrees and understands that Site will not provide any other
means of notification of changes to Site’s Privacy Policy.
Customer’s continued use of this Site always evidences his/her
acceptance of this Privacy Policy and any modification thereof.
What if there is a Privacy Policy
dispute?
As part of the consideration that this Site requires of the
Customer, Visitor, or Recipient to view, use, or interact with
Site-generated media information, aforementioned users agree to
binding arbitration for any claim, dispute, or controversy (“CLAIM”)
of any kind (whether in contract, tort, or otherwise) arising out of
or relating to this Privacy Policy (including solicitation issues),
Site’s e-service, and Site’s Terms of Service Agreement.
Arbitration shall be conducted to the rules of the American
Arbitration Association, which are in effect on the date a dispute
is submitted to the American Arbitration Association. In no case
shall said users have the right to go to court or have a jury
trial. Further, Customer, Visitor, or Recipient will not have the
right to engage in pre-trial discovery except as provided in the
rules; you will not have the right to participate as a
representative or member of any class of claimants pertaining to any
claim subject to arbitration; the arbitrator’s decision will be
final and binding with limited rights of appeal. The prevailing
party shall be reimbursed by the other party for any and all costs
associated with the dispute arbitration, including attorney fees,
collection fees, investigation fees, and travel expenses.
Customer, Visitor, or Recipient agrees that the applicable law to be
applied shall, in all cases, be
Delaware, the state where
UnSoldSpace, LLC was incorporated.
What are the Legal Statements and Disclaimers that apply to visitors
at UnSoldSpace?
Copyright
All content included in and throughout this Site, such as text,
graphics, logos, icons, images, software, designs and the
www.unsoldspace.com
domain name (including the top-level domain, the second-level domain
and any sub-domain versions) is the exclusive property of
UnSoldSpace, LLC and is protected by U.S. and international
copyright laws. All software, text, graphics, HTML code, CGI
scripting and other source code or original material created by
UnSoldSpace, LLC, or used in the creation and function of this Site,
is the property of UnSoldSpace, LLC, and is protected by U.S. and
international copyright laws. The copyrighted materials, content
and source coding on and within this Site may not be reproduced by
any individual or entity, in whole or in part in any form whatsoever
without the prior express written consent of UnSoldSpace, LLC. The
compilation (including the collection, arrangement and assembly) of
all content on this Site is the exclusive property of UnSoldSpace,
LLC and is protected by U.S. and international copyright laws. Any
other use, including reproduction, modification or creation of
derivative works, distribution, transmission, republication or
display of the content of this Site is strictly prohibited. Removal
or modification of the copyright or legal notices on this Site is
also strictly prohibited.
Trademarks
Site’s trademarks are strictly enforced in the United States and in
other countries. Other UnSoldSpace, LLC graphics, logos, and
service names found in this Site are trademarks or service marks of
UnSoldSpace, LLC and may not be used or reproduced in any exact or
similar manner that is likely to cause confusion among customers or
third parties, or in any manner that disparages, discredits or
causes economic disadvantage to UnSoldSpace, LLC.
Disclaimer
This Site’s service, content, and information derived from or
through this site are provided on an “AS IS” and “AS AVAILABLE”
basis, and all warranties, expressed or implied, are disclaimed,
including without limitation, any warranties as to merchantability,
fitness for a particular purpose, title and non-infringement.
UnSoldSpace, LLC shall not be liable for any programming errors or
omissions relating to this Site and its content, or the information
obtained through this Web site. Site reserves the right to make
changes to its Web service and the content herein without notice.
In no event shall UnSoldSpace, LLC, it’s members, directors,
officers, employees, agents, affiliates, or partners be liable for
any direct, incidental, or consequential losses or damages,
including, without limitation, damages for loss of profits, loss of
income or earnings, loss of business opportunities, loss of use,
loss of data, loss or injury to persons or property, claims of third
parties, or any other loss or damage resulting directly or
indirectly out of the furnishing or use of this Site or the services
or products set forth in this Site. UnSoldSpace, LLC reserves the
right to change, without liability or notice, its products and
services, including, but not limited to, product and service
features and prices, as well as call-center support, hours of
operation, policies, terms of service and conditions.
Additionally,
Site reserves the right to sign advertising agreements with
participating media supplier companies to act as their agent to broker
Out-of-Home media transactions with advertisers or media buyers for
an agreed upon commission.
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