1.1 Welcome to xovain.com, a Web site provided to you by SAY Media, Inc. ("we" "us" "our" or "SAY Media").
1.5 The Sites are not intended for users under the age of thirteen (13). By making any use of the Sites, you represent and warrant that you are at least thirteen (13) years of age.
2. REGISTRATION, ACCOUNT INFORMATION AND SECURITY
2.1 You may need a username to use or access all or portions of the Sites or services offered on the Sites. When you register to use any of the Sites, you must provide true, accurate, current and complete information about yourself and maintain and promptly update your account information to keep it true, accurate, current and complete. SAY Media may refuse to grant you an account that impersonates someone else, or is or may be protected by trademark or proprietary rights laws, or is offensive, vulgar or otherwise inappropriate as determined by SAY Media.
2.2 You are responsible for maintaining control over access to your account, including the confidentiality of your account log-in and password, and are responsible for all activities that occur on or through your account, whether authorized by you or not. SAY Media will not be liable for any loss or damage arising from your failure to maintain control over access to your account.
3. USER-SUBMITTED CONTENT AND CONTENT LICENSES
3.1 You acknowledge that SAY Media does not pre-screen user-submitted content on the Sites, but that SAY Media and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any user-submitted content that is available via the Sites.
3.2 You will evaluate, and bear all risks associated with, the use of any user-submitted content, including any reliance on the accuracy, completeness, or usefulness of such content and you understand that all user-submitted content is the sole responsibility of the person from which such content originated. SAY Media does not control the user-submitted content posted via the Sites and, as such, does not guarantee the accuracy, integrity or quality of such content.
3.3 You understand that by using the Sites, you may be exposed to user-submitted content that is offensive, indecent or objectionable. Under no circumstances will SAY Media be liable in any way for any user-submitted content, including, but not limited to, for any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content.
3.4 SAY Media does not claim ownership over the content you post on or through the Sites. After posting your content, you continue to retain your ownership of your content and you continue to have the right to use and license your content in any way you choose. But by using the Sites, you are granting SAY Media an irrevocable, perpetual, nonexclusive, worldwide, royalty-free, sublicenseable and transferable right and license to use, reproduce, create derivative works of, distribute, redistribute, syndicate, publicly perform and publicly display your content in any medium and through any form of technology or distribution. SAY Media owns all rights, title and interests in any compilation, collective work or other derivative work created by SAY Media that incorporates your content.
3.5 When you use a service on any Site that allows end-users to share, transform, adapt, or combine user content with other content, you grant SAY Media and SAY Media’s end-users an irrevocable, perpetual, nonexclusive, worldwide, royalty-free, sublicenseable and transferable right and license to use, reproduce, create derivative works of, distribute, redistribute, syndicate, publicly perform and publicly display your content in any medium and through any form of technology or distribution.
3.6 You understand that you are responsible for all content that you post, upload, transmit, email or otherwise make available on, through or in connection with the Sites. Please consider carefully the content that you post on or through the Sites. You must not post any content that:
- is unlawful, threatening, abusive, obscene, harassing, defamatory or libelous; - violates the rights of others, including copyrights, privacy, publicity or other proprietary rights; - offers any commercial activities, such as selling or buying products; - offers professional advice, including medical, legal or investment advice; - you know to be confidential or in violation of any laws; or - is intentionally false or misleading.
4. USE SAY MEDIA SITES AND MATERIALS
4.1 You may not use, frame or utilize framing techniques to enclose any Site, or any individual element or materials within any Site, without SAY Media's express written consent.
4.2 You may not use any circumvention tools, meta tags or any other "hidden text" utilizing SAY Media's name or any of its trademarks, service marks, URLs, service names or product names without SAY Media's express written consent.
4.3 All materials transmitted or published by SAY Media on this Site (other than user-submitted content) are owned by SAY Media, its subsidiaries or affiliated companies (collectively "SAY Media Materials") and are protected by United States and international copyright laws. Any copying, uploading, reproduction, transmittal, modification or redistribution of, or the creation of derivative works based on, SAY Media Materials without SAY Media’s express written consent is strictly prohibited.
5. CANCELLATION AND TERMINATION
5.3 After cancellation or termination of your account for any reason, you will no longer have access to your account and all information and content in your account or that you have stored on the Sites may be deleted by SAY Media. SAY Media will have no liability for information or content that is deleted due to the cancellation or termination of your account for any reason.
6. INTERSTATE AND INTERNATIONAL USE
6.1 In using the Sites to send electronic communications, and as a result of SAY Media's network architecture and business practices and the nature of electronic communications in general, you acknowledge that your communications may constitute interstate or international communications and/or data transmissions regardless of where you are physically located at the time of transmission.
6.2 The Sites are hosted in the United States. If you use any of the Sites from outside of the United States, you are voluntarily transferring information (potentially including personally-identifiable information) and content to the United States and agreeing that SAY Media's collection, use, storage and sharing of your information and content is exclusively subject to the laws of the United States, not of the jurisdiction in which you are located.
6.3 You will comply with all United States laws, rules and regulations applicable to the export of products, services, software and technical data regardless of the jurisdiction in which you are located.
7. ADVERTISING AND ADVERTISERS
7.1 The Sites may include advertisements, which are necessary for SAY Media to provide the Sites.
7.2 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. SAY Media will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites.
8.1 The Sites may provide, or third parties may provide, links to other content, products, services or Web sites which are not owned or operated by SAY Media. Because SAY Media has no control over such content, products, services or Web sites, SAY Media is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. SAY Media will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, services or Web sites.
10. RESALE OF THE SITES
10.1 You will not reproduce, duplicate, copy, sell, resell or exploit any portion of, use of or access to the Sites without the express permission by SAY Media.
11. MODIFICATIONS TO THE SITES
11.1 SAY Media reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites (or any part thereof) with or without notice at any time. You agree that SAY Media will not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites.
12. CONFIDENTIAL INFORMATION AND PROPRIETARY RIGHTS
12.1 The Sites contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in sponsor advertisements or information presented to you through the Sites or advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the right holder, you will not modify, rent, lease, loan, sell, distribute or create derivative works based on the Sites or any advertiser's content, in whole or in part.
12.2 Unless otherwise agreed in writing by SAY Media, any material, information or idea you transmit to SAY Media by any means may be disseminated or used by SAY Media or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.
13. THIRD PARTY SERVICES, APPLICATIONS AND CONTENT
14. DISCLAIMER OF WARRANTIES
14.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SAY MEDIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) SAY MEDIA WILL MAKE REASONABLE EFFORTS TO MAINTAIN ITS SITES, HOWEVER, SAY MEDIA IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SITES, OR OTHER INTERACTION WITH THE SITES. SAY MEDIA DOES NOT WARRANT THAT (i) ITS SITES WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) ITS SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ITS SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITES WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
15. LIMITATION OF LIABILITY
15.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT SAY MEDIA WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SAY MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE SITES; OR (v) ANY OTHER MATTER RELATING TO THE SITES, SERVICES OR SOFTWARE.
15.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
16. U.S EXPORT CONTROLS
16.1 Software available in connection with the Site is further subject to United States export controls. No software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S export laws. Downloading or using software from the Site is at your own risk.
18. COPYRIGHT INFRINGEMENT
18.1 Copyright Infringement Notices. If you believe that material on any of the Sites violates your copyright, you may send SAY Media a copyright infringement notice. Section 512(c) of the Copyright Act requires that your notice must be in writing and must include substantially all of 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 SAY Media to locate the material. SAY Media requests that complete URLs for each instance of the allegedly infringing material be provided.
4. Information reasonably sufficient to permit SAY Media to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
5. A statement that you have 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 copyright infringement notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Your written copyright infringement notice must be sent to SAY Media’s designated copyright agent via mail, fax or email. Please note that, for security reasons, email attachments may be blocked, so please do not include any attachments if you send your notice via email. Please be aware that Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
18.2 Removing or Disabling Access to Material. After receipt of a valid copyright infringement notice meeting the requirements of Section 512(c) of the Copyright Act, SAY Media is required to:
1. Expeditiously remove or disable access to the material that is alleged to be infringing.
2. Take reasonable steps to promptly notify the affected account holder that SAY Media has removed or disabled access to the material from his or her account.
18.3. Counter Notification. If material from your account has been removed or disabled by SAY Media after it receives a valid copyright infringement notice meeting the requirements of Section 512(c) of the Copyright Act, you may ask that the material be restored by sending SAY Media a counter notification. Section 512(g) of the Copyright Act requires that your counter notification must be in writing and must include substantially all of the following:
1. Your physical or electronic signature.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. SAY Media requests that complete URLs for each instance of the affected material be provided.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Your name, address and telephone number and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which SAY Media may be found, and that you will accept service of process from the person who provided the copyright infringement notification or an agent of such person.
Your written counter notification must be sent to SAY Media’s designated copyright agent via mail, fax or email. Please note that, for security reasons, email attachments may be blocked, so please do not include any attachments if you send your counter notification via email. Please be aware that Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
18.4 Restoring Material. After receipt of a valid copyright infringement notice meeting the requirements of Section 512(g) of the Copyright Act, SAY Media is required to:
1. Promptly provide the person who provided the copyright infringement notice with a copy of the counter notification, and inform that person that SAY Media will replace the removed material or cease disabling access to it in 10 business days.
2. Replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notification, unless SAY Media’s designated copyright agent first receives notice from the person who submitted the copyright infringement notice that such person has filed an action seeking a court order to restrain the account holder from engaging in infringing activity relating to the material on SAY Media’s system or network.
18.5 Copyright Abuse Policy. SAY Media will terminate, in appropriate circumstances, account holders of SAY Media’s system or network who are repeat copyright infringers.
18.6 Designated Copyright Agent.
SAY Media, Inc. / 180 Townsend Street / San Francisco, CA 94107 / Fax: (415) 344-0829 / Email: firstname.lastname@example.org
The Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through the Sites. The Copyright Agent will not respond to any other inquiries.
Last updated May 12, 2011
Copyright © 2011 SAY Media, Inc. All rights reserved.
Last updated: May 12, 2011
Collection and Use of Personally Identifiable Information
SAY Media may collect personally identifiable information when you register for the Site or for the use of certain features and services, such as email newsletters.
SAY Media does not share personally identifiable information we learn about you with others except as described in this policy.
SAY Media does not share your personally identifiable information with unrelated third parties for their direct marketing purposes. SAY Media may use your personally identifiable information where it is necessary to operate or improve the Site, to do something that you have asked us to do or tell you about SAY Media products, services and marketing events that we think may be of interest.
To receive optional email messages such as newsletters and marketing and promotional offers, you will be required to provide us with your email address. In additional to these optional email messages, SAY Media may contact you via any email address you provide us with transactional or relationship messages such as account status messages, notifications of changes in the terms of your account or the services provided. These types of transactional or relationship email messages are not optional.
Collection and Use of Non-Personally Identifiable Information on this site.
SAY Media implements certain technologies to enable us to collect such information. An explanation of those technologies is described below.
If you do not want us to maintain cookies while you are visiting this Site, you can configure your browser’s settings to limit the acceptance of or disable cookies. Please note that some aspects of the Site may not properly function or display if you limit or disable cookies.
Web Beacons/Click-stream Data. SAY Media uses web beacons in conjunction with cookies to collect click-stream data that helps us better understand how visitors move from page to page within the Site. As with cookies, our use of web beacons is anonymous and does not allow us to gather personally identifiable information about you.
Passive Browser Information/Server Logs. SAY Media collects passive browser information through its web servers. We use the passive browser information and server logs to help us understand how many visitors come to the Site, where they may come from and ultimately to help us make decisions about how to organize the Site.
You can learn more about advertising displayed on the Site as well as how you can control the use of your data for such advertising by clicking here.
SAY Media holds all personally identifiable information in confidence. There are instances in which personally identifiable information and non-personally identifiable information may be shared with third parties.
Non-personally identifiable information. In connection with this Site, we may share non-personally identifiable information with our family of companies or other trusted businesses or persons for purposes of processing non-personally identifiable information or providing other services on our behalf.
Personally identifiable information. SAY Media only shares personally identifiable information with other companies or individuals outside of SAY Media as follows: (i) if SAY Media has your consent for the sharing of personally identifiable information; or (ii) to assist in the fulfillment of requests for services that you’ve requested from SAY Media (for example, we may use a third party to help send e-mails in response to requests you’ve made). Note that any third party that SAY Media chooses to share personally identifiable information will be required to enter into a confidentiality agreement with SAY Media. SAY Media may share your personally identifiable information to respond to subpoenas, court orders, or legal process, to establish or exercise our legal rights or, defend against legal claims and if in our judgment in such circumstances disclosure is required or appropriate. In addition, SAY Media may share your personally identifiable information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the terms and conditions that may apply to our services, or as otherwise required by law.
SAY Media makes efforts to ensure data security on our systems to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. However, no data transmissions over the Internet can be guaranteed to be secure. As a result, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.
Information relating to children
The Site is not structured to attract children under 13 years of age. Use of the Site by anyone under 13 years of age is prohibited, and we require any person providing access to the Site to anyone under 13 years of age to certify that he or she has the consent of the parent or legal guardian of such person and to provide reasonable verification required by SAY Media. SAY Media does not knowingly collect or maintain personal information of anyone under 13 years of age, and if we discover that we have inadvertently collected such information, we will promptly delete it. Parents and legal guardians may request us to review, delete or stop the collection of personally identifiable information of their child by contacting us at the email or postal addresses listed below.
Collection and Use of Non-Personally Identifiable Information in the Program
Other Third Party Sources. SAY Media may supplement the information it collects with other non-personally identifiable information it obtains from third parties.
Should you have any questions or concerns about these privacy policies, including any questions or concerns about the management or use of personal information, please send us an email at privacy@SAY Media.com. Our postal mailing address is:
SAY Media, Inc. / 180 Townsend Street, Floor 3 / San Francisco, CA 94107 / Attention: Data Privacy
Glossary of Terms
“Adobe Flash Player” is a multimedia technology that can add interactivity and multi-media functionality to webpages. To find out more about Adobe Flash, please visit: http://www.adobe.com/products/flash/.
“click-stream” means the pages viewed, elements or experiences interacted with and/or items clicked on when a user visits our website or one of our advertisements displayed in an experience of one of our Publishers.
“cookie” or “browser cookie” is a small text file that contains a string of numbers and characters sent by a web site that is saved on your hard disk by your computer’s browser.
“flash” cookie is a form of persistent cookie but instead of being stored by your browser is stored by the Adobe Flash Player, a browser “add-in” that we use to deliver ads. To learn more about the Adobe Flash Player and “flash” cookies please visit: http://www.macromedia.com/support/documentation/en/flashplayer/help/index.html.
“persistent” cookie is a cookie that remains on your hard drive for an extended period of time.
“session” cookie is a cookie that is temporary and disappears after you close your browser.
“non-personally identifiable information” or “anonymous data” is data that is not personally identifiable information.
“server logs” are logs of information communicated by web browsers as they make requests to the server, including: (i) IP address from the requesting computer; (ii) date and time of the request; (iii) URL of the actual request; and (iv) any cookie returned by the browser.
“personally identifiable information” is data intended to be used to identify, contact or locate a person, including, name, address, telephone number or e-mail address and any other information (even if non-personally identifiable) provided in combination with such personally identifiable information.
“web beacon” are generally a transparent 1x1 pixel image placed on the code of a web page that can be used to help SAY Media understand what webpages, interactivity or experiences you are engaging.
Effective since May 12, 2011