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iClips.net Privacy Policy This Privacy Policy was last modified on 12/24/06 and is effective immediately. ICLIPS Network, L.L.C. : Privacy Policy Thank you for visiting the Iclips.net website. Your privacy is important to us. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used at Iclips.net. This is the official privacy policy and statement of the ICLIPS Network, L.L.C. ('ICLIPS') ("Privacy Policy") and is a part of the Agreement we have with you regarding your use of the ICLIPS Network. To review any of the other terms and conditions in our Agreement with you, you can go directly to our Agreement (which we will also refer to as our Terms of Use), or any of the other terms and conditions that apply to you which are referred to in our Terms of Use or in the Privacy Policy below. Any terms that are not defined in this Privacy Policy shall have the meaning given in the Terms of Use. Our Agreement, including, without limitation, this Privacy Policy, is legally binding on all users of the ICLIPS Network. The ICLIPS Network is offered and made available only to users 13 years of age or older and if you are not yet 13 years old, or your use of our ICLIPS Network is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions of our Terms of Use, please discontinue using the ICLIPS Network immediately because by using or attempting to use the ICLIPS Network, you certify that you are at least 13 years of age and meet all other eligibility requirements for your use of the ICLIPS Network. This Privacy Policy governs only the Personal Information (as defined in our Terms of Use) collected by ICLIPS as a result of your use of or registration with the ICLIPS Network and does not cover any information collected in any other manner, for any other purpose or by any other web site or enterprise. Overview: This Privacy Policy is intended to explain our privacy practices and inform you as to: * The kinds of Personal Information we collect from users of the ICLIPS Network and how that information is collected; * How we use your Personal Information; * The circumstances under which we disclose Personal Information to third parties; * How you can access, update or delete any Personal Information collected about you by us; and * The mechanisms we have implemented to protect your Personal Information. We reserve the right, without advance notice to you, to revise this Privacy Policy at any time by posting the revisions and/or the revised Privacy Policy on the ICLIPS Network (e.g., on our home page, although we also provide links to this Privacy Policy throughout the ICLIPS Network). Such revisions shall be effective upon you immediately upon posting. We encourage you to check this Privacy Policy and our Terms of Use often for updates. We may also e-mail you about any changes we make. We are committed to protecting our users' privacy. Keeping the Personal Information you share with us on the ICLIPS Network secure and ensuring your understanding of how we collect, use, disclose and maintain your Personal Information is important to us. We maintain reasonable physical, electronic and procedural safeguards to protect your information and while no data transmission over the Internet is 100% secure from intrusion, we have used and will continue to use commercially reasonable efforts to ensure the protection of your Personal Information. GENERAL PRIVACY INFORMATION The ICLIPS Network is designed and targeted to United States ("U.S.") audiences and is governed by and operated in accordance with the laws of "U.S." We make no representation that the ICLIPS Network is operated in accordance with the laws or regulations or is governed by other nations. If you are located in the European Union or elsewhere outside of the U.S. and you use the ICLIPS Network, you do so at your own risk and initiative and you, not us, are responsible for compliance with all of the laws and regulations that apply to you. Please be aware that any Personal Information you provide to us or we obtain as a result of your use of the ICLIPS Network, will be transferred to the U.S and subject to U.S. law. By using the ICLIPS Network, participating in any ICLIPS Network activities and/or providing us with your Personal Information, you consent to the transfer and processing of Personal Information to the U.S. and in other countries that may not have an equivalent level of protection or a level of data protection considered adequate in the European Union or European Economic Area. Consequently you hereby waive any claims that may arise under the laws and regulations that apply to you in or of any other country or jurisdiction. All users of the ICLIPS Network are required to provide true, current, complete and accurate Personal Information when prompted and we will reject and delete without liability any entry that we believe in good faith to be false, fraudulent, or inconsistent with this Privacy Policy. Your continued participation on the ICLIPS Network indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information as described below. We may, from time to time, transfer or merge any Personal Information collected off-line to our online databases or store off-line information in an electronic format. We may also combine Personal Information we collect online with information available from other sources, including information received from marketing companies, or Advertisers (as defined in our Terms of Use). This Privacy Policy covers all such Personal Information and will remain in full force and effect as long as you are a user of the ICLIPS Network, even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason. 1. Collection and Use of Personal Information: When we use the term "Personal Information" we mean personally identifiable information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, instant-messenger nickname, blog or other personal website URL, date of birth, e-mail address and any other information that would allow someone to identify you or contact you. Personal Information also includes information about your personal preferences, survey responses and your transactions or relationship with us, if you have been a customer or you have provided this type of information to ICLIPS. We collect Personal Information about you when you visit the ICLIPS Network and when you input information, whether you are registering to use any services, features or functions of the ICLIPS Network, participating in promotions, or in the course of any other exchanges of information, transactions and activities. We may use the information we obtain from you, including Personal Information, to tailor your experience on the ICLIPS Network, to display Content we think may be of interest to you, or to let us customize what you see when you visit the ICLIPS Network according to your preferences. We also may collect certain non-personally identifiable information when you visit the ICLIPS Network such as the type of browser you are using (e.g., Netscape, Internet Explorer), the type of operating system you are using (e.g., Windows 98 or Mac OS), and the domain name of your Internet service provider (e.g. America Online, Earthlink). It is your responsibility to give us current, complete, truthful and accurate information and to keep the Personal Information that you provide to us up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or you fail to update the information you give us. You are solely responsible for maintaining the strict confidentiality of your user name and password and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You, and not us, are solely responsible and liable for your activity, behavior, use and conduct on the ICLIPS Network and for any use of the website or any other activity or conduct in connection with the ICLIPS Network, by any others who use your user name or password, unless and until you notify us that your user name or password may have been compromised, misappropriated or improperly taken, or used by another party. Bear in mind that when you submit information to us, it does not guarantee that we will permit you to use any or all of the features of functions of the ICLIPS Network. a. During Registration. When you register with the ICLIPS Network, you are required to provide us with your e-mail address, as well as additional Personal Information. We will allow you to change the password portion of your User ID, as well as certain other Personal Information you have given us in order to keep your information current. As a registered user of the ICLIPS Network, from time to time, we may also provide you with certain options to opt-in to subscribe to e-mail newsletters and other periodic information. You will also have the right to opt-out or change your preferences at any time by logging in with your User ID and changing the settings in your account or you can opt-out or unsubscribe to particular e-mail communications by responding to that e-mail and using the 'unsubscribe' or opt-out procedure included in that communication. If you are a registered user, you acknowledge, understand and agree that you are giving us your consent to track your activities, your use of the ICLIPS Network and its functions and features, and agree to this Privacy Policy and our Agreement with you. b. Sharing of Aggregate Information with Third Parties. Some of the aggregate data we collect in connection with the ICLIPS Network may be shared with Advertisers and other business partners of ICLIPS, but we do not give any Personal Information to them as part of the relationship except as described in this Privacy Policy. Use of their tracking technology is subject to their own privacy policies. Cookies and Similar Technology: We use 'cookie' technology to collect data regarding your visits to the ICLIPS Network. Cookies are text files we place in your computers browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us by, This data is stored in aggregate form and is not used to identify any particular user or individual. We use cookies and similar tracking technologies in a variety of ways, including: * Keeping count of your return visits to the ICLIPS Network or our Advertisers' or partners' sites; * Accumulating and reporting aggregate, statistical information in connection with the ICLIPS Network; * Determining which features users like best; and * Saving your User ID or other information so you don't have to re-enter it each time you visit the ICLIPS Network. Although we may track the numbers of visitors to inform us on how best to improve and update the ICLIPS Network and enhance the experience for all visitors, Personal Information is not extracted in this process. We use tracking information on an aggregated basis to help us operate the ICLIPS Network, enhance and improve our service, improve the look of the ICLIPS Network and display advertising and marketing information. The ICLIPS Network may contain advertisements, references and links to other websites and organizations. We may also use third parties to display or serve advertising on the ICLIPS Network and our web-based newsletters or other communications which you may choose to receive. Often these third party Advertisers employ cookie and web bug technologies to measure advertising effectiveness. You should be aware that different rules might apply to the collection, use or disclosure of your information by third parties in connection with their advertisements, promotions and other websites you encounter on the Internet. The use of such technology by these third parties is within their control and not ours. Even if we have a relationship with the third party, we do not control those sites or their policies and practices regarding your information. This Privacy Policy does not cover any use of Personal Information that an Advertiser or ad server may collect from you. We encourage you to investigate and ask questions directly of them in this regard. Disclosure to Third Parties: We do not sell, rent, lease or disclose your Personal Information to unaffiliated entities or entities that are not our Advertisers, except in the limited circumstances listed below. When we plan to disclose your Personal Information to Advertisers, we ask you to opt-in to do so, in which case their use of your information is subject to the Advertisers' own privacy policies. We may disclose Personal Information to Affiliates for marketing or administrative purposes (for opt-out procedures, please see Section 1a above). c. Operational Service Providers.We also have the right to disclose your Personal Information to third parties for the purpose of administering and maintaining ICLIPS Network services, features, functions and operations. We will refer to these third parties as "operational service providers" and we use operational service providers to efficiently provide the full range of Content and the services, features and functions we bring you and we request that our operational service providers also protect your privacy and not disclose your Personal Information to third party marketers that are not associated with the ICLIPS Network. Additionally, such operational service providers are not permitted to use your Personal Information for their own marketing or promotional purposes. d. Other Non-Affiliated Third Parties.We will make your Personal Information available to non-affiliated third parties in the following limited circumstances: * When we are compelled to do so by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process); * If we believe your actions violate any law, regulation, our Agreement, this Privacy Policy, or any of our other terms and conditions, Rules, offerings or any other services, features or functions of the ICLIPS Network, or if you threaten the rights, property or safety of the ICLIPS Network, ICLIPS, or any of its or their service providers, suppliers, Advertisers, customers, users, registered users or any other party; * If, in our sole discretion, we believe such disclosure to be necessary or appropriate to investigate or resolve possible problems or inquiries, to protect our business and assets, to defend our interests and/or to comply with our legal and regulatory obligations; or * In the event of a bankruptcy, merger, acquisition, transfer of control, joint venture or other business combination involving us. 2. Security & Protection of Personal Information: We maintain reasonable standards of security and confidentiality. However, for most Internet sites, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. We also limit access to the ICLIPS Network by our own employees to those individuals who are authorized for the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. We request that our service providers follow the same policy. 3. Review, Update or Delete Your Personal Information: Please notify ICLIPS should any of your information pertinent to ICLIPS change. Parents (including legal guardians) of children that registered on the ICLIPS Network in violation of the Terms of Use who wish to terminate their child's registration must send us an e-mail at privacy@iclips.net and provide us with their child's User ID or alternatively, a parent must provide verifiable identification that they are the parent of the ineligible child. Children under the age of 13 that are unknowingly registered on the ICLIPS Network are in violation of our Terms of Use. We will not allow direct access to a user's registration and Personal Information by any person without the user's User ID (Please see above for how to change your preferences or the information associated with your account). If a parent does not have his or her child's User ID, the parent will be required to send an e-mail to the Privacy Administrator at privacy@iclips.net that includes the parent's name, address, telephone and e-mail address, in addition to the child's name and e-mail address associated with the child's User ID registered on the ICLIPS Network, plus the child's date of birth. ICLIPS will send a confirming e-mail to the parent via the e-mail address provided to verify that the parent wishes to terminate his or her child's registration. The parent must then confirm by sending a reply e-mail to the designated return address. ICLIPS will then terminate the child's account but will notify the child of the termination request via e-mail and will identify the name, address and e-mail address of the person making the request. We reserve the right to deny access, use and registration privileges to any user, including, without limitation, a registered user of any services, features or functions of the ICLIPS Network, if we believe there is a question about the identity of the person trying to access any services, features or functions of the ICLIPS Network. If the burden or expense of providing access to your Personal Information is disproportionate to the risks to your privacy, or if the legitimate rights of others would be violated, we may decide not to provide access to such information. In such cases, we will provide to you an explanation of why access cannot be provided and a contact person for further inquiries. 4. Chat Rooms, Journals and WebLogs, Message Boards, Classifieds and Public Forums: Please be aware that whenever you voluntarily post public information to Journals, WebLogs, Message Boards, Classifieds or any other Public Forums that that information can be accessed by the public and can in turn be used by those people to send you unsolicited communications. Questions: If you have questions about our Privacy Policy or if you do not understand any information about how we collect, maintain, use or share your personally identifiable information, you may contact us directly by sending us an e-mail to privacy@iclips.net. Our Commitment to Security: Iclips.com member accounts are secured by member-created passwords Iclips.com takes precautions to insure that member account information is kept private. We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. We have used and will continue to use commercially reasonable efforts to ensure the protection of your Personal Information. For any additional information about the security measures we use on iclips.net, please contact us at privacy@iclips.net Sole Statement: This document is the sole statement of ICLIPS's Privacy Policy with respect to the ICLIPS Network, and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including, without limitation, machine-generated, is valid.
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