TERMS OF USE AGREEMENT

This Website is owned or managed by Entravision Communications Corporation and/or its affiliated or related entities, content providers, advertisers, sponsors or contractors (collectively, the “Company”) and may include other internet, digital or interactive properties (each a “Company Website,” and collectively the “Company Websites”).

The Company provides this Company Website and related services for your personal non-commercial use only and subject to your compliance with this Terms of Use Agreement (this “Agreement”). Please read this Agreement carefully before using this Company Website. Your use of this Company Website constitutes your willingness to be bound by this Agreement without limitation, qualification or change. You are only authorized to access this Company Website or to use the materials and Services contained in this Company Website (regardless of whether your access or use is intended) if you will abide by all applicable laws and this Agreement. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this Company Website. This Agreement sets forth the Company’s policies with respect to its operation of this Company Website. Other policies govern the Company’s non-Internet operations.

This Company Website is a general audience web site. Children under 13 are welcome to be visitors to this Company Website, but cannot register to use blogs, or to provide user videos and other content.

Certain products or services offered by this and/or other Company Websites (each a “Company Internet Service,” and collectively the “Company Internet Services”), and certain areas within this and/or other Company Websites may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to such Additional Terms before using those areas or the Company Internet Services. For example, if you wish to register for this Company Website and make use of the Services, you must read this Agreement and indicate your willingness during the Registration process. Any Additional Terms will apply in addition to this Agreement, and in the event of an conflict between any Additional Terms and this Agreement, the Additional Terms shall control.

YOU MAY NOT USE ANY COMPANY WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY COMPANY WEBSITE MAY BE TERMINATED IMMEDIATELY IN THE COMPANY’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

Changes to this Agreement

In its sole discretion, the Company may modify, alter, or otherwise change this Agreement and/or any Additional Terms at any time. Please review this Agreement and/or Additional Terms periodically for changes as you are bound by the version of this Agreement that exists whenever you access a Company Website. Your continued use of any Company Website and/or Company Internet Service after the Company posts a revised Agreement constitutes your willingness to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of all Company Websites and/or Company Internet Services to which the changes may apply.

Privacy and Protection of Personal Information

The Company has a Privacy Policy to inform you of its practices with respect to the collection, use, and disclosure of personal information. You can find this Privacy Policy on our website at www.luminarinsights.com.

Accounts, Security, Passwords

If a particular Company Website or Company Internet Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You will notify the Company immediately at webmaster@entravision.com if you suspect any unauthorized use of your account or access to your password. The Company is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will not use the account, username, or password of another registered user at any time or to disclose your password to any third party. You are solely responsible for any and all use of your account. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular Company Internet Service. By using the particular Company Website or Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation.

The Company may terminate your account at any time, without warning for any or no reason, with or without prior notice or explanation, and without liability. Even after your account is terminated, this Agreement will remain in effect in its entirety.

Access and Use

Materials contained in this Company Website (“Site Content”) are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. The Company grants you a limited, revocable, non-transferable license to reproduce and display the Site Content (excluding any software code) on your computer and other electronic device solely for your personal use in connection with viewing this Company Website and using the Company Internet Services. This means that you may only view or download material from this Company Website for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.

The Company Internet Services are for your personal use only and may not be used in connection with any commercial activities except those that are specifically approved by the Company. Illegal and/or unauthorized use of the Company Internet Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, any unauthorized framing of this Company Website or any unauthorized use of music and video embedded players is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from user profiles without notice or explanation and may result in termination of account privileges. The Company may take appropriate legal action for any illegal or unauthorized use of the Company Internet Services.

Except for content posted by you, the reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying, translation, publication, display, sale, or transmission of material from this Company Website is STRICTLY PROHIBITED unless you have obtained the prior written consent of the Company or unless it is expressly permitted by this Company Website. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Company Website. The use of materials from this Company Website on any other web site or networked computer environment is similarly prohibited.

Also, except for content you post, you are strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Company Website including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

Fees

Except where otherwise provided, access to and use of this Company Website and the Company Internet Services offered through this Company Website are currently available without charge. The Company may charge a fee for access to or use of this Company Website, or any Company Internet Service available on this Company Website at any time in the future. Your access to or use of this Company Website prior to the imposition of a fee does not entitle you to the continued use of this Company Website without charge in the future.

Submissions

You may participate in a Company Interactive Service by agreeing to this Agreement and any Interactive Service Additional Terms and by completing any applicable registration form. Thereafter, you may post, transmit or submit messages and other materials (which include uploading videos and other files, inputting data or any other materials, “blogging,” or engaging in any form of communication in connection with this Company Website) (collectively “User Content”) to media libraries, bulletin boards, chat rooms, or other public areas within, or in connection with, this Company Website (collectively “Forums”). You are solely responsible for such User Content. The Company accepts no responsibility whatsoever in connection with or arising from such User Content. If you do not agree to this Agreement and such Interactive Service Additional Terms, you may not participate in the Company Interactive Service.
You agree that you will not:

  • Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page);
  • Solicit personal information from anyone under age 18;
  • Solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
  • Publicly post information that poses or creates a privacy or security risk to any person;
  • Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through any Company Website, or any postings which advocate illegal activity;
  • Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;
  • Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
  • Deliver, or provide links to, any postings containing defamatory, false or libelous material, contains nudity or a link to an adult website;
  • Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
  • Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships;
  • Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;
  • Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
  • Use this Company Website or the Company Interactive Service in any manner that could damage, disable, overburden, or impair or otherwise interfere with the use of the Company Website or the computer equipment of other users, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
  • Attempt to gain unauthorized access to this Company Website, any related website, other accounts, computer system, or networks connected to this Company Website, through hacking, password mining, or any other means; or
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Company Website, including harvesting or otherwise collecting information about others such as email addresses.

You are solely responsible and liable for postings delivered to Company Websites using your account. Any violation of these provisions can subject your Company account to immediate termination and, possibly, further legal action.

The Company does not endorse, does not control and is not responsible for any notes, messages, billboard postings, blog entries or other postings, ideas, suggestions, concepts or other material, or files delivered to any Company Website by you or other users. The Company is not obligated to and does not regularly review, monitor, delete, or edit postings. However, the Company may do so at any time in its sole discretion, for any reason or no reason, and may delete any posting with or without notice. The Company is not responsible or liable for damages of any kind arising from any postings even when the Company has been advised of the possibility of such damages, or from the Company’s deletion of any posting. Nonetheless, the Company may prevent you from submitting User Content to Forums and to restrict, delete or remove such User Content for any reason at any time. The Company may restrict, suspend, or terminate your access to any part of the Company Internet Services if the Company determines, in its sole discretion, that you have violated this Agreement or otherwise pose a concern to the Company and/or the users of the Company Internet Services.

The information and opinions expressed in postings on Company Websites are not necessarily those of the Company or its affiliated or related entities, content providers, advertisers, sponsors, and the Company makes no representations or warranties regarding that information or those opinions. The Company does not represent or guarantee the truthfulness, accuracy, or reliability of any postings or determine whether the postings violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.

Unless otherwise provided, all postings to any Company Website automatically and immediately become the property of the Company without any obligation of confidentiality. The Company shall be entitled to use the material for any type of use forever including in any media whether now known or later devised. To the extent that any court determines that the Company does not retain ownership of any User Content, you hereby expressly grant to the Company a royalty-free, perpetual, irrevocable right to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, sublicense or otherwise distribute and display the User Content for any reason, including for promotional and advertising purposes, alone or as a part of other works in any form, medium or technology now known or later developed, and you waive all moral rights in all such postings.

By submitting any material or photographs to or through any Company Website, you are granting permission to have this material posted on the Company Website and other Company Websites, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. The Company may remove access to infringing material. Such actions do not affect or modify any other rights the Company may have under law or contract.

You are solely responsible for the content that you post on or through any of the Services, and any material or information that you transmit to other users and for your interactions with other users. You will not permit any other user of any Company Website to access, view, store or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of the Company Websites by any other person.

You release the Company, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.

Links

This Company Website may contain links to websites operated by third parties. The Company does not monitor or control these sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply the Company’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, that site.

Software Available Through Company Websites

Any software that is made available to view and/or download in connection with a Company Internet Service (the “Software”) is owned or controlled by the Company and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. The Company is not responsible or liable in connection with any Software owned or controlled by third parties, and makes no representation or warranty that the Software is free of defects, bugs, malicious code, adware, spyware, viruses or other harmful conditions.

With respect to the Software, you may not modify, enhance, or otherwise alter in any way any portion of the Software or its underlying technology. This restriction includes disabling or otherwise modifying the Software in a manner that enables users to view this Company Website Content without using the Software. Also, you may not embed the Software on any website or other location that contains content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, or encourages criminal conduct, gives rise to civil liability, violates any law, rule or regulation, infringes any right of any third party including intellectual property rights or rights of privacy, or is otherwise inappropriate or offensive.

Third-Party Merchants

This Company Website may enable you to order and receive products, information and services from businesses that are not owned or operated by the Company. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. The Company does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. The Company is not a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Company Internet Service.

Modification/Termination by the Company

The Company may, in its sole discretion, modify, suspend, or terminate any Company Website and/or any portion thereof, including any Company Internet Service, and/or your account, password, or use of any Company Internet Service, or any portion thereof, at any time for any reason with or without notice to you.

Termination of your account for a Company Internet Service removes your authorization to use the Company Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, the Company shall not be liable to you or any third-party for any termination of your access to a Company Internet Service.

Employment Opportunities

The Company may, from time to time, post Company employment opportunities on this Company Website and/or invite users to submit resumés to the Company Website. If you choose to submit your name, contact information, resume and/or other personal information to the Company in response to employment listings, you are authorizing the Company to utilize this information for all lawful and legitimate hiring and employment purposes. The Company also may, in its sole discretion, forward the information you submit to its parents, subsidiaries and affiliates for legitimate business purposes. Nothing in these Terms of Use or contained in this Company Website shall constitute a promise by the Company to interview, hire or employ any individual who submits information to it, nor shall anything in these Terms of Use or contained in this Company Website constitute a promise that the Company will review any or all of the information submitted to it by users, or that the job posted will still exist at the time your resume is received or reviewed.

Premium Services

Some Internet Services accessible through this Company Website, including certain Company Interactive and Subscription Services (the “Company Premium Service”), may be offered to you conditioned on your payment of a fee. By using the Company Premium Service, you will be subject to any charges and rules set forth in the Additional Terms for that Premium Service.

Contests/Sweepstakes

The specific rules and terms that apply to all contests or sweepstakes conducted by this Company Website, can be found at the link for the contest or sweepstakes. Your participation in the contest or sweepstakes is subject to those rules and terms.

Limitations on Liability

In no event shall the Company, its subsidiaries, affiliates, distributors, suppliers, licensors, directors, officers, employees, agents or others involved in creating, sponsoring, promoting, or otherwise making available Company Websites and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of a Company Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on a Company Website or any information, software, products, services, and related graphics obtained through a Company Website; (vi) any transactions entered into through any Company Websites; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of any Company Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of any Company Website and Company Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if the Company has been advised of the possibility of damages.

Indemnification

You will indemnify, defend, and hold harmless the Company, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, any Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of any Company Website, any Company Internet Service, any Service and/or software and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on any Company Website or through the Services causes the Company to be liable to another. The Company may take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with the Company in asserting any available defenses.

Disclaimer of Warranties

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH ANY COMPANY WEBSITE AND/OR COMPANY INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH ANY COMPANY WEBSITE OR COMPANY INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT ANY COMPANY WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN ANY COMPANY WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
THE COMPANY IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR THE COMPANY INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

International Use/U.S. Export Controls

Accessing materials on any Company Website by certain persons in certain countries may not be lawful, and the Company makes no representation that materials on any Company Website are appropriate or available for use in locations outside the United States. If you choose to access any Company Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.

The United States controls the export of any software downloadable from Company Websites. No software or any other materials associated with Company Websites may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a Company Website, you represent and warrant that you are no located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

COPYRIGHT & TRADEMARK NOTICE

Use of Intellectual Property

This Company Website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, Company logos, titles, characters, names, graphics and button icons (collectively the “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Company Intellectual Property is owned or controlled by the Company or by third parties that have provided material to this Company Website.

You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this Company Website, in whole or in part, without the express written permission of the Company.

Other trademarks, service marks, product names and company names or logos appearing on this Company Website that are not owned by the Company may not be used without express permission from their owners.

Additionally, unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this Company Website, or frame any page of this Company Website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the Company Website in an email for commercial purposes, without the express written permission of the Company.

You may inquire about obtaining permission by writing:

General Counsel
c/o Legal Department
Entravision Communications Corporation
2425 Olympic Blvd., Suite 6000West
Santa Monica, CA 90404

In addition, you may send them by email to legal@entravision.com

Copyright Infringement

The Company respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (“DMCA”) regarding such rights.

If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:

General Counsel
c/o Legal Department
Entravision Communications Corporation
2425 Olympic Blvd., Suite 6000West
Santa Monica, CA 90404

In addition, you may send written notification by email to legal@entravision.com

Pursuant to 17 U.S.C. §512(c), to be effective, the Notification must include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material.
  4. Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an email address.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.

 


 

PRIVACY POLICY

This Privacy Policy applies to the services offered by Pulpo Media, Inc. and Luminar Insights (together referred to in this Privacy Policy as the “Company”, “us,” our,” and “we”).  As part of the Company’s services, we deliver advertisements from various advertisers across a network of online and mobile websites and applications that are owned or operated by us, our affiliates or third parties with whom we do business (“Sites”).  For more information about the Company and our services, please see our websites at www.pulpomedia.com and www.luminarinsights.com.  This Privacy Policy covers the information that we collect from your interactions with us on the Sites and the ways in which we use and share that information for the purposes of online behavioral advertising.  Online behavioral advertising, or interest-based advertising, generally refers to the collection of information online for the purpose of delivering advertising based on the interests of consumers.  To learn more about online behavioral advertising, please visit the Digital Advertising Alliance website at www.aboutads.info/consumers/.  We adhere to the Digital Advertising Alliance Self-Regulatory Principles for Online Behavioral Advertising.  Capitalized terms used in this Privacy Policy are defined in the Glossary of Terms section provided in this Privacy Policy.

 

This Privacy Policy is organized as follows:

            1. Types of Information We Collect and How We Collect It

            2. How We Use Information We Collect

            3. How We Share Information We Collect

            4. Information Collected by Third Parties

            5. Opting Out of Information Collection

            6. Security and Retention

            7. California Privacy Rights

            8. Effective Date and Changes to this Privacy Policy

            9. Contact Us

            10. Glossary of Terms

 

1.  TYPES OF INFORMATION WE COLLECT AND HOW WE COLLECT IT

We collect information, including PII and Non-PII, when you interact with us and the Sites.

Non-Personally Identifiable Information (“Non-PII”)

We collect Non-PII, for example, when you are browsing a Site with advertisements that we delivered, or when you click on one of these advertisements.  We also collect Non-PII when you visit our websites or interact with us, for example, in connection with online surveys, contests or other online promotional activity administered by us.  We may also obtain PII and make it Non-PII, for example, by removing personally-identifiable elements (such as names) or by aggregating PII with information about other individuals, in order to “anonymize” or “de-identify” the information.  We may also augment the PII and Non-PII we collect with information from other sources, including, for example, zip code, age, gender, language preference or income range, in order to generate aggregate information that reflects activities, habits, preferences, or interests about our users as a group.  This Privacy Policy does not apply to additional information that we collect from other sources.

Personally-Identifiable Information (“PII”)

We collect PII that you voluntarily provide to us, for example, when you:

·         complete an online form, such as a survey, contest entry or other promotional activity;

·         request information about an offer advertised through our network;

·         enter into a transaction through an offer delivered through our network; or

·         request services from advertisers on whose behalf we provide fulfillment services or place online ads. 

 

In some cases, if you choose not to provide PII you may not be able to engage in these services.

Sensitive Information and Protecting Children

We do not knowingly collect, use or share any financial account numbers or social security numbers for purposes of online behavior advertising without your specific consent.

We do not knowingly collect “personal information,” as defined in the Children’s Online Privacy Protection Act (“COPPA”), from children under the age of 13 or from Sites directed to children under the age of 13, nor do we engage in online behavioral advertising directed to children we have actual knowledge are under the age of 13.  If you are a parent or legal guardian, we urge you to participate in your child’s online and mobile activities and to use parental control or other Internet and mobile filtering technology to supervise your child’s access to the Internet. If you believe that we may have obtained information relating to your child who is under the age of 13, please contact us immediately at privacy@pulpomedia.com

2. HOW WE USE INFORMATION WE COLLECT

As a general matter, we may use information that we collect or combine it with other information, for example, in order to:

·         advertise and market products and services of third parties outside the Company with whom we do business (“Business Partners”), including:

-       to present content that is tailored to your interests, including online behavioral advertising;

-       to analyze the effectiveness of advertising, promotions, and offers; 

·         conduct research and analysis, product development and reporting, including to: 

-       better understand our audiences;

-       produce data analytics, statistical research and reports; 

-       review and change our products and services;

·         manage fraud and risk management, including to:  

-       detect and prevent fraud or criminal activity;

-       safeguard the security of your information;

·         use it in other ways as required or permitted by law or with your consent.

Except where required by law, we may use Non-PII in other ways without restriction.

3. How we Share Information we Collect

The Company may share PII or Non-PII with Business Partners so that they may market and advertise their products and services, administer and manage transactions and relationships with audiences, and personalize user experiences for audiences.

The Company may share PII or Non-PII with our outside vendors and other contractors who need to access such information in order to perform services for us (including, for example, fulfillment or administration of transactions, orders, contests, sweepstakes and prizes, data processing and storage, market research, reporting, hosting and technical support and other purposes).

The Company may share any PII or Non-PII that we collect if doing so is required by law or, in our belief is reasonably necessary to: (1) comply with the law or legal process or cooperate with law enforcement; (2) protect the safety and security of users or members of the public; (3) protect or defend the legal rights of the Company, its employees, agents, advertisers, publishers or other contractors (including enforcement of agreements); (4) protect against fraud or for risk management purposes; or (5) protect the rights, property or safety of the Company or the public.  Except where required by law, we may share Non-PII in other ways without restriction.

The Company may share any information that we collect with companies that are affiliated with us, that is, are controlled by, or under common control with, the Company.  In addition, we may transfer any information that we collect as part of our assets if we (or parts of our business) are sold or transferred to a third party (including, without limitation, in the event of a merger, acquisition, event of bankruptcy or other transaction or reorganization).

4. Information Collected by Third Parties

Please be aware that the Sites on which we place advertisements may independently collect PII or Non-PII from you and may contain links to sites operated by third parties.  PII and Non-PII collected by any third party sites are subject to the privacy policies of such third parties, which may differ from our Privacy Policy.  The Company is not responsible for the privacy practices of Sites operated by any third party.  We encourage you to check the privacy policies of any site or application that you visit or use.

5. OPTING OUT OF INFORMATION COLLECTION                    

You can opt-out of having the Company collect or use information about you for online behavior advertising by clicking here or going to the website www.tentaculos.net/opt-out/ and following the instructions, and we will place an opt-out cookie on your computer. The opt-out process is computer, device and browser specific and therefore must be repeated on each computer, device and browser that you use (for example, from within Internet Explorer and Firefox). Please note that deleting, blocking or otherwise restricting cookies on your computer or device may delete our opt-out cookie and require you to renew your opt-out choice.

Many browsers can be modified to prevent automatic acceptance and notify you every time a cookie is sent to you or to allow you to choose not to receive cookies at all.  If you wish to change the settings on your browser to block cookies, please follow the instructions applicable to the web browser that you are using.

6. SECURITY AND RETENTION

We employ reasonable measures to protect the security of information that we collect. Unfortunately, no transmission of information and no data storage can be guaranteed to be completely secure and unauthorized access to data, hardware or software failure, and other factors may compromise data security.  As a result, while we strive to protect your PII, we cannot guarantee or warrant the security of any such information, and you provide any information at your own risk.

We retain PII for as long as necessary to fulfill the delivery of advertising; administer transactions; conduct research and analysis, product development and reporting; comply with the law or legal process; protect or defend the legal rights of the Company, its employees, agents, advertisers, publishers or other contractors (including enforcement of agreements); protect against fraud or for risk management purposes; protect the rights, property or safety of the Company or the public; or as required or permitted by law or with your consent.  We may retain Non-PII indefinitely.

7. CALIFORNIA PRIVACY RIGHTS

Under California Civil Code Section 1798.83 (known as the “Shine the Light” law), if an individual who is a California resident has provided personal information to a business in connection with a business relationship that is primarily for personal, family, or household purposes, and if that business has within the immediately preceding calendar year disclosed such an individual’s personal information to a third party and knows or should have known that such third party used the information for its own direct marketing purposes, then that business is obligated to disclose in writing to such individual upon request, what personal information was shared and with whom it was shared. A business may comply with this law by: (1) having EITHER a published privacy policy of not sharing a customer’s personal information for third parties’ direct marketing use unless the customer has first affirmatively opted in to such sharing OR a published privacy policy of not sharing a customer’s personal information for third parties’ direct marketing use if the customer has opted out to prevent his/her personal information from being shared for direct marketing use; AND (2) notifying the customer of his/her right to opt out and providing a cost-free means for the customer to exercise that right.                                    

Any request for a disclosure required under this law should be sent to us via email at privacy@pulpomedia.com.  Please note that under this law, we are not required to respond to a customer’s request more than once in a calendar year, nor are we required to respond to any request that is not sent to the email address designated above.

8. EFFECTIVE DATE AND CHANGES TO THIS PRIVACY POLICY

This Privacy Policy is effective as of August 8, 2014.  We reserve the right to make changes to this Privacy Policy by posting an updated version.

9. CONTACT US

If you have any questions or comments regarding this Privacy Policy, please contact us by e-mail at: privacy@pulpomedia.com or by mail at: Pulpo Media, Inc., 1767 Alcatraz Avenue, Berkeley, California 94703. 

10. GLOSSARY OF TERMS

“Cookies” are files that are stored on an Internet-enabled device and used to record anonymous click stream data such as: the date and time that a site is visited, the IP address and browser being used to access that site, web pages visited or actions taken on the site, the content areas on pages visited, the advertisements that appeared on those pages, and referring/exit pages.

“Web beacons” or “clear gifs” are tiny graphic elements with a unique identifier used to track navigation and browsing behavior on a site or collection of sites. These web beacons, about the size of a period, are embedded on web pages.

“Log files” record actions that occur on a site and collect data, including but not limited to the IP address of the user, browser type, Internet service provider, platform type, date/time stamp, click data and advertisements viewed.

“Non-PII”, or non-personally identifiable information, is information that cannot be used to identify a specific individual, including, for example, online browsing interests, aggregate traffic data (such as total page views in a given time period, total impressions per ad, percentage of visitors from a certain geographical area, etc.) or certain location-based information such as zip code, city and state name.

“PII”, or personally identifiable information, is information that can be used to identify a specific individual, such as a person’s name, address, telephone number, email address, bank account or credit card number.

Other Foreign Nations

This Company Website is governed by and operated in accordance with the laws of the United States of America and is intended for enjoyment of residents of the United States. The Company makes no representation that this Company Website is governed by or operated in accordance with the laws of other nations. By using this Company Website and submitting any PII, visitors from outside of the United States acknowledge that this Company Website is subject to U.S. law, consent to the transfer of their data and information to the United States, and waive any claims that may arise under the law of their own nation.