
Privacy Statement
Privacy Policy Updated: 6/17/2010
TheMediaCrew.com ("Company") understands the importance of online privacy. The following Policy outlines how we do business, what information we collect and how, under what circumstances the information is shared with third parties, and your options to control what communications you receive from us and from our marketing partners. If you have any questions or concerns about this Privacy Policy, please contact us.
Information We Collect And How It Is Used In order to participate in this promotion, you must first complete the registration information requested. We ask for an email address so that we may contact you if necessary and we ask for a mailing address so we know where to ship the products that you have chosen pertaining to our special offers.
Registering for this promotion automatically subscribes you to the TheMediaCrew newsletter, a periodic email communicating various offers that we think you might like based on the registration information you provided, and any offers that you selected in this promotion. Users may unsubscribe from this newsletter an any time by clicking on the automated link provided at the end of the email.
We request a limited amount of personally identifiable information from users who participate in the promotions on this site. This information includes, but is not limited to the following:
* email address
* name
* address, city, state, zip
* phone number
We use this information to communicate with you about the status of your premium and/or any offers you have selected from our sponsoring companies. We request your address and phone number for shipping purposes.
We use information provided by our users to enhance their experience on this and similar Web sites. We also use the information provided voluntarily to send out electronic mailings for offers that we think will be of interest to you. At all times, Users have the option to unsubscribe from such mailings by clicking on the unsubscribe link provided on each mailing.
We create internal reports on user demographics and traffic patterns to measure the effectiveness of our marketing campaigns and promotions, and to report results to our marketing partners. We do not use any personally identifiable information to compile these reports.
The cost of your cash or gift certificate redemption is absorbed by the sponsoring companies featured on this site. Users who opt-in to the offerings from these companies are also electing to receive additional information from these companies. The companies may request additional demographic and/or personally identifiable information for their use in subsequent marketing and promotion activities.
How We Collect Information
The Company gathers information in the following ways:
Cookies
A cookie is a small text file stored on a user's computer for record-keeping purposes. The Company uses cookies only to enable users to be routed properly through our site. We also provide links to external advertisers and marketing Partner companies; these sites may choose to use cookies to better promote their products and services. These advertisers and marketing partner companies have their own privacy procedures and policies that are not controlled by the Company.
We encourage our users to be aware of the individual privacy policies of every Web site that the user contacts.
Clear Gif's (Web Beacons/Web Bugs)
The Company may also use a software technology called clear gif's (Web Beacons or Web Bugs), that help us determine what content on our site is most effective. Clear gif's are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. We do not tie the information gathered by clear gif's to our customers' personally identifiable information.
We also use clear gif's in our HTML-based emails so that we know which emails have been opened. We use this information to monitor the effectiveness of our email campaigns and to validate our results to our marketing partners.
Log Files
Log files are also used to track and monitor traffic patterns on our site. They are not used to track or monitor personally identifiable information.
Tell-A-Friend
Users may forward the email address of another person who may also be interested in this particular offer. The information is used only to forward the information to that person and is not retained for any other purpose.
User Feedback/Inquiries
Users may contact the Company with any feedback, questions or comments. The Company uses contact information only to respond to the feedback.
Other Circumstances
Subsequent to this promotion, the Company may sponsor sweepstakes, contests or other events for which we need to collect and retain personally identifiable information. The Company may co-sponsor such events with other companies. In such cases, no personally identifiable information will be released to such third parties without the user's consent. We endeavor at all times to do business only with other companies similarly committed to our users' privacy.
Information We Share
This Privacy Policy applies to consumers that have signed up on the TheMediaCrews website. We may use the personal information that you supply to us and work with other third party businesses to bring selected retail opportunities to our members via direct mail, email and telemarketing. These businesses may include providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation and email marketing. The Company collects minimal demographic and personally identifiable information from many users. This information is aggregated and analyzed to help us tailor future offers and to help our marketing partners and advertising agencies understand the demographics of our customers in order to evaluate the potential effectiveness and profitability of doing business with us. Part of our business model involves sharing personally identifiable information, such as name and address, with third-party marketing concerns. While the Company cannot control the practices of our advertisers and third-party marketers, we endeavor at all times to do business with reputable partners who also follow a best practices model regarding your privacy.
All information provided to the Company by the users of this site may be used to support our suppression, validation and enhancement services to other marketing companies, advertising agencies, compilers and data companies.
As an example, opt-out information may be shared with other marketing partners so that those users opting out of further offers are suppressed from the partner's mailings or promotions, as well as our own. In addition to complying with our users' preferences, it simply makes good business sense to mail only to those customers who have indicated a desire to receive such mailings.
The Company's business model includes participating in affiliate network programs and other co-marketing partnerships to promote our site. We receive and share only that information necessary to analyze site traffic and patterns so that we can evaluate the effectiveness of such programs. We do not receive or share personally identifiable information for these purposes, however.
The Company as a rule will not intentionally disclose personally identifiable information about its users to any third party without first receiving the user's permission. However, the Company may disclose personally identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to (a) conform to edicts of law of comply with legal processes; (b) protect and defend the rights or property of the Company's advertising service, and (c) act under exigent circumstances to protect the personal safety of any user of the Company's advertising service.
Use of Information
This Privacy Policy applies to consumers that have signed up on the TheMediaCrews website, and or have submitted their email address through our affiliate network program and other co-marketing partnerships to promote our site. We may use the personal information that you supply to us and work with other third party businesses to bring selected retail opportunities to our members via direct mail, email and telemarketing. These businesses may include providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation and email marketing.
Use of Data Collected
We use your personal, demographic and profile data to enhance your experience at our site and to enable us to present content we think you might be interested in. We use your contact information to send you information about our company and promotional material from our partners. We may also use your personal, demographic and profile data to improve our site, for statistical analysis, for marketing and promotional purposes, send SMS alerts or notification, and for editorial or feedback purposes for our advertisers. Information collected by us may be added to our databases and used for future telemarketing, SMS text-messaging, e-mails or postal mailings regarding site updates, new products and services, upcoming events, and/or status of orders placed online. By using this site, you agree that you may be contacted in any manner contemplated in this section even if your number is found on a do not call registry, in-house list or similar registry.
SMS Offering and Opt-out rights
By completing or submitting a registration form or partial registration form you are consenting to receive SMS, wireless or other mobile offering to your cell phone. You understand that your wireless carrier's standard charges and rates apply to these messages. For SMS text messages, you may remove your information by replying "STOP", "END", or "QUIT" to the SMS text message you have received and we will remove your personal information within 10 days of receiving such request.
Delete/Deactivate Policy
Users at any time may unsubscribe to our electronic mailings by following the instructions that we include at the end of every mailing. To correct, update or request that we delete information you provided, please contact us via email, or by writing
TheMediaCrew.com
1803 Park Center Drive, Ste 102
Orlando, FL 32835
Notification Of Changes To Privacy Policy
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will post these policy changes to our Web site to notify you and provide you with the opportunity to opt out of these new uses. if you are concerned about how your information is used, you should check back at our Web site periodically.
General Security Policy
The Company endeavors at all times to meet and exceed standards of online privacy protection. When you submit information, your information is protected both on-line and off-line in accordance with applicable laws, regulations and industry standards. For example, without limitation, the company uses a full-time Network Administrator, SSL servers, pgp and 128-bit encryption to protect the confidentiality of the information you provide.
In addition to the information collected by us and registration information submitted by you, we may employ both first-party and third-party cookies. A cookie is a piece of data stored on your hard drive containing activity-based information about you, and it is designed to facilitate the receipt of targeted and relevant advertisements. The cookie is not associated with your personally identifiable information.
One of our third-party cookie partners is Datran Media (for information on Datran Media’s cookie program, please www.datranmedia.com/aperture). To opt out of Datran Media’s cookie-based marketing program, click here: http://rt.displaymarketplace.com/optout.html
For additional information or specific questions, please contact us.
Materials Submitted By You
The Site and associated services enable you to make content available to other users of the Site and to access content made available by other users of the Site. Any materials, information, ideas, concepts, suggestions, or any other materials submitted, posted, uploaded, distributed, or published on or via the Site or otherwise sent to us by you (including without limitation uploading sound files to the Site) (collectively, the "Submitted Materials") will be deemed not to be confidential or secret, and may be used by us (including our affiliates) in any manner, without any restrictions, throughout the universe, in perpetuity, in any and all media now existing or here in after devised, without compensation to you or to any other party and without the necessity of further notice or consent from you or anyone else, as further provided in the next sentence. By submitting or sending Submitted Materials to us, you represent, warrant and covenant (i) that the Submitted Materials are original to you, that no other party has any rights thereto, that any "moral rights" in any of the Submitted Materials have been waived, and that you grant and agree to grant to us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, upload, download, post, translate, create derivative works from, distribute, sell, perform, display and otherwise fully exploit any such Submitted Materials (in whole or in part) and/or to incorporate them in other works in any form, media, or technology now known or later developed; (ii) that the Submitted Materials do not contain any content that is libelous, slanderous, disparaging, tortious, offensive, pornographic, profane, vulgar, containing sexually explicit graphical descriptions or accounts of sexual acts, racist, bigoted, hateful, threatening, harassing (or advocating harassment), harmful, false, misleading, fraudulent, invasive of anyone's publicity or privacy rights or that otherwise violate any law or any right of a third party; (iii) that the Submitted Materials do not constitute "spam"; (iv) that the Submitted Materials do not constitute the promotion or advertising of any commercial enterprise or transaction, or an offer to engage in any such commercial enterprise or transaction; and (v) that the Submitted Materials do not contain any virus, worm, or other similar program that could be harmful or a burden to our computer system or to any other third party's computer system. Please note that we reserve the right to, but may or may not, review or edit any of the Submitted Materials before such Submitted Materials appear on the Site. You also agree that we may delete, remove, replace or otherwise manipulate your Submitted Materials in any way, for any reason or no reason, at any time and in our sole discretion. Your Conduct on the Site
You warrant and agree that you will not, while using the Site or any services: (i) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (ii) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site or services for commercial purposes (other than as expressly permitted by the provider of such information or other material); (iii) engage in "mailbombing", "spamming", "flooding", harvesting of e-mail addresses or other personal information, "spidering", "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Site or services; (iv) attempt to gain unauthorized access to other computer systems through the Site or services; (v) use the Site or services in any manner that could damage, disable, overburden, or impair the Site or services, or interfere with any other person's use and enjoyment of the Site or services; (vi) obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or services; (vii) monitor any portion of the Site, services or any Site Content; (viii) bypass any measures we may use to prevent or restrict access to the Site or services; (ix) use the Site or services in any manner that violates applicable laws or regulations or the rights (including IP Rights) of any third party; (x) upload, download, post, submit or otherwise distribute or facilitate distribution of any content using any communications service or other service available on or through the Site that infringes any IP Rights of any other person or entity; or (xi) misrepresent the source or identity of Submitted Materials.
Cancellation of Service
You may at your sole discretion cancel your TheMediaCrew service at any time. Please consult the MyZoo section of the Site for further details.
Links to Third Party Websites
Through the Site or services, we may provide links to certain unaffiliated third party Websites, including sites on which products and services may be made available for you to purchase. However, these third party Websites are not under TheMediaCrew's control. When you visit these third party Websites or make purchases through them, your relationship is between you and the third party, and not between you and TheMediaCrew. We have no responsibility, liability or obligation with respect to the information, content, products, services, advertising, or other materials, which may or may not be provided by or through such third party Websites, and you will be subject to such third party's own policies, terms and conditions and privacy policies.
Equipment and Ancillary Services
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the TheMediaCrew services, including, without limitation, hardware devices, software, and other internet, wireless, broadband, phone or other communication device connection services. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Site and any TheMediaCrew services and you shall be responsible for all charges incurred in connection with all such equipment and ancillary services, including any fees charged for airtime usage and/or sending and receiving messages or related notifications.
Disclaimer of Warranties
You acknowledge that TheMediaCrew has no control over, and no duty to take any action regarding: which users gain access to the Site; what Site Content you access via the Site or services; what effects the Site Content may have on you; how you may interpret or use the Site Content; or what actions you may take as a result of having been exposed to the Site Content. You release TheMediaCrew from all liability for your having acquired or not acquired Site Content through the Site or related services. The Site or related services may contain, or direct you to Websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site or services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or services. THE SITE, SERVICES AND SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THIS SITE, THE SITE CONTENT OR ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE, IF ANY, WILL MEET YOUR REQUIREMENTS. NO CONTENT OR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING IT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): TheMediaCrew MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE OR THROUGH ANY USE OF THE TheMediaCrew SERVICES. We will not be liable for the privacy of e-mail addresses, phone or communication device numbers, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Site Content stored on our equipment and transmitted over networks accessed by the Site, or otherwise connected with your use of the Site or our services.
Limitation of Liability
IN NO EVENT SHALL TheMediaCrew, ITS AFFILIATES, OR ANY OF ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, LICENSORS, OR ANY OTHER OF ITS OR THEIR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF SALES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE, THE SERVICES, THE SITE CONTENT, OR THE FUNCTIONS CONTAINED ON OR RELATED THERETO, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE OR SERVICES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE, THE SERVICES, THE SITE CONTENT, OR THE FUNCTIONS CONTAINED ON OR RELATED THERETO EXCEED, IN AGGREGATE, THE AMOUNT, IF ANY, PAID DIRECTLY BY YOU TO TheMediaCrew IN DIRECT EXCHANGE FOR YOUR USE OF THE SITE OR SERVICES.
Indemnification
You agree to defend, indemnify and hold TheMediaCrew, its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of this Site, Site Content or related services, your submission or transmission of any User Information, Submitted Materials or any other any message, content, information, or other materials through the Site, any breach by you of any of these Terms of Use, or any violation by you of any law.
Applicable Laws
We control and operate the Site and related services from our offices in the United States of America. We do not represent that materials on the Site or services are appropriate or available for use in other locations. Persons who choose to access the Site or services from other locations do so at their own risk, and are responsible for compliance with all local laws.
Termination
We may terminate or suspend access to the Site and/or services immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Any fees paid hereunder are non-refundable. Upon termination of your account, your right to access the Site, related services and any Site Content will immediately cease. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification and limitations of liability.
Forward Statements
Certain statements made on the Site which describe TheMediaCrew's intentions, expectations or predictions, are forward looking and are subject to important risks and uncertainties. The results or events predicted in these statements may differ materially from actual results or events. There are a number of factors that could cause results or events to differ from current expectations. TheMediaCrew disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, actual events or otherwise.
Miscellaneous
The Terms of Use and the relationship between you and us shall be governed by the laws of the State of California, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the State of California, County of Santa Clara. You agree to submit to the personal and exclusive jurisdiction of the courts located within Santa Clara County in the State of California. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect. TheMediaCrew shall not be liable for any matter beyond its reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. The Terms of Use is not assignable, transferable or sublicensable by you except with TheMediaCrew's prior written consent. TheMediaCrew may transfer, assign or delegate the Terms of Use and its rights and obligations hereunder without consent. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind TheMediaCrew in any respect whatsoever