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NowMedia Corporation, Inc. ("NowMedia"), owner of NowMedia.com, recognizes that
its customers, visitors, users, and others who use www.NowMedia.com or other web
sites owned or operated by NowMedia (the "NowMedia Sites” including NowLive.com)
(collectively or individually "Users") value their privacy. This Privacy Notice
details important information regarding the use and disclosure of User information
collected on the NowMedia Sites. NowMedia provides this Privacy Notice to help you
make an informed decision about whether to use or continue using the NowMedia Sites.
This Privacy Notice is incorporated into and is subject to the NowMedia
Terms of Use. Your use of the NowMedia Sites and any personal information
you provide on the NowMedia Sites remains subject to the terms of this Privacy Notice
and our Terms of Use. Please note that any video, image,
audio, or other content posted at the direction of Users onto the NowMedia Sites
becomes published content and is not considered personally identifiable information
subject to this Privacy Notice.
The Information NowMedia Collects
- User Provided Information: You provide certain personally identifiable
information (such as your name and email address) to NowMedia when choosing to participate
in various activities on the NowMedia Sites such as uploading videos, posting messages
in our forums or in the video comments section, entering contests or sweepstakes,
taking advantage of promotions, responding to surveys, or subscribing to newsletters
or other mailing lists.
- Cookies Information: When you visit the NowMedia Sites, we may
send one or more cookies - a small text file containing a string of alphanumeric
characters - to your computer that uniquely identifies your browser. NowMedia uses
both session cookies and persistent cookies. A persistent cookie remains after you
close your browser. Persistent cookies may be used by your browser on subsequent
visits to the site. Persistent cookies can be removed by following your web browser
help file directions. A session cookie is temporary and disappears after you close
your browser. You can reset your web browser to refuse all cookies or to indicate
when a cookie is being sent. However, some features of the NowMedia Sites may not
function properly if the ability to accept cookies is disabled.
- Log File Information:
When you use the NowMedia Sites, our servers automatically record certain information
that your web browser sends whenever you visit any website. These server logs may
include information such as your web request, Internet Protocol ("IP") address,
browser type, browser language, referring / exit pages and URLs, platform type,
number of clicks, domain names, landing pages, pages viewed and the order of those
pages, the amount of time spent on particular pages, the date and time of your request,
and one or more cookies that may uniquely identify your browser.
The Way NowMedia Uses Information
- If you submit personally identifiable information to us through the NowMedia Sites,
then we use your personal information to operate, maintain, and provide to you the
features and functionality of the NowMedia Sites.
- Any personal information or video content that you voluntarily disclose online (on
discussion boards, in messages and chat areas, within your public profile page,
etc.) becomes publicly available and can be collected and used by others. Your account
name (not your email address) is displayed to other Users when you upload videos
or send messages through the NowMedia Sites and other Users can contact you through
messages and comments. Any content (images, videos, text, and audio) that you submit
to the NowMedia Sites may be redistributed through the internet and other media
channels, and may be viewed by the general public.
- We do not use your email address or other personally identifiable information to
send commercial or marketing messages without your consent or except as part of
a specific program or feature for which you will have the ability to opt-in or opt-out.
We may, however, use your email address without further consent for non-marketing
or administrative purposes (such as notifying you of major NowMedia Site changes
or for customer service purposes).
- We use both your personally identifiable information and certain non-personally-identifiable
information (such as anonymous User usage data, cookies, IP addresses, browser type,,
etc.) to improve the quality and design of the NowMedia Sites and to create new
features, promotions, functionality, and services by storing, tracking, and analyzing
User preferences and trends.
- We use cookies, clear gifs, and log file information to: (a) remember information
so that you will not have to re-enter it during your visit or the next time you
visit the NowMedia Sites; (b) provide custom, personalized content and information;
(c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate
metrics such as total number of visitors, pages viewed, etc.; and (e) track your
entries, submissions, and status in promotions, sweepstakes, and contests. When
NowMedia Discloses Information
- We provide personally identifiable information and non-personally-identifiable information
to our subsidiaries, affiliated companies, or other businesses or persons for the
purpose of processing such information on our behalf. We require that these parties
agree to process such information in compliance with our privacy policy, and we
use reasonable efforts to limit their use of such information and to use other appropriate
confidentiality and security measures.
- We do not share your personally identifiable information (such as name or email
address) with other, third-party companies for their commercial or marketing use
without your consent or except as part of a specific program or feature for which
you will have the ability to opt-in or opt-out.
- We do share non-personally-identifiable information (such as anonymous User usage
data, referring / exit pages and URLs, platform types, number of clicks, etc.) with
interested third-parties to assist them in understanding the usage patterns for
certain content, services, advertisements, promotions, and/or functionality on the
NowMedia Sites.
- We may release personally identifiable information and/or non-personally-identifiable
information if required to do so by law, or in the good-faith belief that such action
is necessary to comply with state and federal laws (such as U.S. Copyright Law)
or respond to a court order, subpoena, or search warrant.
- NowMedia also reserves the right to disclose personally identifiable information
and/or non-personally-identifiable information that NowMedia believes, in good faith,
is appropriate or necessary to enforce our Terms of Use,
take precautions against liability, to investigate and defend itself against any
third-party claims or allegations, to assist government enforcement agencies, to
protect the security or integrity of our web site, and to protect the rights, property,
or personal safety of NowMedia, our Users or others.
Your Choices
You may, of course, decline to submit personally identifiable information through
the NowMedia Sites, in which case NowMedia may not be able to provide certain services
to you. You may update or correct your personal profile information and email preferences
at any time by visiting your profile page. Please note that media files uploaded
by Users to the NowMedia Sites cannot be removed and remain subject to our Terms of Use.
To protect your privacy and security, we take reasonable steps (such as requesting
a unique password) to verify your identity before granting you profile access or
making corrections. You are responsible for maintaining the secrecy of your unique
password and account information at all times.
Please contact NowMedia with any questions or comments about this Privacy Notice,
your personal information, your consent, or your opt-in or opt-out choices at support@nowmediacorp.com.
Third-party Advertisers, Links to Other Sites
NowMedia allows other companies, called third-party ad servers or ad networks, to
serve advertisements within the NowMedia Sites. These third-party ad servers or
ad networks use technology to send, directly to your browser, the advertisements
and links that appear on the NowMedia Sites. They automatically receive your IP
address when this happens. They may also use other technologies (such as cookies,
JavaScript, or Web Beacons) to measure the effectiveness of their advertisements
and to personalize the advertising content you see.
NowMedia does not provide any personally identifiable information to these third-party
ad servers or ad networks without your consent or except as part of a specific program
or feature for which you will have the ability to opt-in or opt-out. However, please
note that if an advertiser asks NowMedia to show an advertisement to a certain audience
(for example, men ages 18-34) or audience segment (for example, men ages 18-24 who
have viewed certain channels of content) and you respond to that advertisement,
the advertiser or ad-server may conclude that you fit the description of the audience
they are trying to reach. The advertiser may also use information regarding your
use of the NowMedia Sites, such as the number of times you viewed an ad (but not
any personally identifiable information), to determine which ads to deliver to
Our Commitment to Data Security
NowMedia uses commercially reasonable physical, managerial, and technical safeguards
to preserve the integrity and security of your personal information. We cannot,
however, ensure or warrant the security of any information you transmit to NowMedia
and you do so at your own risk. Once we receive your transmission of information,
NowMedia makes commercially reasonable efforts to ensure the security of our systems.
However, please note that this is not a guarantee that such information may not
be accessed, disclosed, altered, or destroyed by breach of any of our physical,
technical, or managerial safeguards.
If NowMedia learns of a security systems breach, then we may attempt to notify you
electronically so that you can take appropriate protective steps. NowMedia may post
a notice on the NowMedia Sites if a security breach occurs. Depending on where you
live, you may have a legal right to receive notice of a security breach in writing.
To receive a free written notice of a security breach (or to withdraw your consent
from receiving electronic notice) you should notify us at contact@nowmediacorp.com.
Our Commitment to Childrens' Privacy
Protecting the privacy of young children is especially important. For that reason,
NowMedia does not knowingly collect or maintain personally identifiable information
or non-personally-identifiable information on the NowMedia Sites from persons under
13 years of age, and no part of our website is directed to persons under 13. If
you are under 13 years of age, then please do not use or access the NowMedia Sites
at any time or in any manner. If NowMedia learns that personally identifiable information
of persons under 13 years of age has been collected on the NowMedia Sites without
verified parental consent, then NowMedia will take the appropriate steps to delete
this information.
Special Note to International Users
The NowMedia Sites are hosted in the United States and are intended for and directed
to Users in the United States. If you are a User accessing the NowMedia Sites from
the European Union, Asia, or any other region with laws or regulations governing
personal data collection, use, and disclosure, that differ from United States laws,
please be advised that through your continued use of the NowMedia Sites, which are
governed by U.S. law, this Privacy Notice, and our Terms of Use,
you are transferring your personal information to the United States and you consent
to that transfer.
In the Event of Merger, Sale, or Bankruptcy
In the event that NowMedia is acquired by or merged with a third party entity, we
reserve the right, in any of these circumstances, to transfer or assign the information
we have collected from our Users as part of such merger, acquisition, sale, or other
change of control. In the unlikely event of our bankruptcy, insolvency, reorganization,
receivership, or assignment for the benefit of creditors, or the application of
laws or equitable principles affecting creditors' rights generally, we may not be
able to control how your personal information is treated, transferred, or used.
Changes and updates to this Privacy Notice
This Privacy Notice may be revised periodically and this will be reflected by the
"effective date" below. Please revisit this page to stay aware of any changes. In
general, we only use your personal information in the manner described in the Privacy
Notice in effect when we received the personal information you provided. Your continued
use of the NowMedia Sites constitutes your agreement to this Privacy Notice and
any future revisions.
For revisions to this Privacy Notice that may be materially less restrictive on
our use or disclosure of the personal information you have already provided to us,
we will attempt to obtain your consent before implementing such revisions with respect
to such information.
Date Last Modified:
This Privacy Notice was last modified August 1, 2006.
E-mail: info@nowmediacorp.com
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