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Privacy Policy
 

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: 

  1. Said users give their permission for Site to respond via E-mail to Visitor,       Customer, or Recipient inquiry.
  2. Said users are subject to the terms and conditions of Site’s Privacy Policy

  3. 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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