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Terms and Privacy

Privacy Policy

Your privacy is important to us at DuJour Media Group, LLC (“DuJour”, “we”, or “our”). Accordingly, we have established and implemented information handling practices for www.dujour.com (the “Site”) that we believe are consistent with the highest standards and best practices of organizations doing business on the Internet. This Privacy Policy describes the practices that apply to the Site, including, specifically, the information we collect about you, when and how we collect that information and what may happen to that information. We have prepared this detailed Privacy Policy because we believe you should know as much as possible about our practices so that you can make informed decisions about how you use the Site. Capitalized terms in this Privacy Policy have the meaning ascribed to them in the Terms of Use.

When You Visit The Site

You can always visit the Site without revealing who you are or providing any personal information. When you visit the Site we do collect usage information, but it is anonymous and is not linked to you as an individual. We may use this data to better understand, for example, how the Site is navigated, how many visitors arrive at specific pages, the length and frequency of stays at the Site, the types of browsers and computer operating systems used by our visitors and the Internet Protocol addresses from which our visitors connect to the Site. We may use this information to improve the Site’s Content and ease of use.

When You Become a User

When you sign up as a User, you provide us with information such as your name, email address, zip code and other contact information. We may use the information you provide on or through the Site to improve the Site’s Content and ease of use, or as you otherwise consent in advance. We will take all reasonable efforts to protect this information, and we will not share it with third parties such as direct marketers without your request or consent. However, you acknowledge and agree that we may provide your personal information (a) to third-party providers of services to the Site, such as computer programmers and technicians, provided that they are under obligation to us to protect this information, and (b) to other third parties when compelled by a court order or other legal process.

Security

The Site has security measures in place to protect against the loss, misuse and alteration of the information under our control. We safeguard the security of the data you send us with physical, electronic, and other procedures. However, it is not possible to guarantee the security or integrity of information disclosed online. Because no data transmission over the Internet is completely secure, we urge you to take every precaution to protect your personal data when you are on the Internet, including when you are using the Site.

When You Post Content

Users may post or upload User Content to the Site. As between DuJour and you and between other Users and you, you are the owner of all User Content that you upload, email or post to or within the Site. You grant us permission to use all such User Content on and in connection with the Site. For more information, see the Terms of Use for the Site. When You Submit Feedback to Us In order to submit comments or questions to the site, you will have to register for a user account, a process that involves, among other disclosures, the provision of your email address. We will not disclose your email address or other personal information to third parties, except as expressly set forth in this Privacy Policy. We may contact you via the email address you provide to answer your question(s), clarify the information you have submitted and send you emails, from time to time, as part of our Email List. (For additional information, see the Email List section of the Terms of Use.)

Cookies and Pixel Tags

We, or a third-party advertiser acting on our behalf, may place a “cookie” or “pixel tag” on your personal computer when you come to the Site or visit a site on which we advertise. These devices are small computer files that our computer sends to your computer and that your computer sends back to us each time you visit the Site. We may use these devices to collect data to help us personalize and improve your experiences on the Site. Most Internet browsers automatically accept cookies. However, you can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the sites you visit. If you decide not to accept our cookies, your ability to use some features on the Site may be impaired. DuJour uses Google Analytics Demographics and Interest Reporting.

Third-Party Advertisers

We allow third-party companies to serve ads and/or collect certain anonymous information when you visit our web site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit networkadvertising.org.

Links to Third-Party Websites

The Site may contain links to other websites. Please be aware that we are not responsible for the privacy practices of other websites. We encourage you to be aware when you leave the Site and to read the privacy statements of every website that collects personally identifiable information. Our Privacy Policy applies solely to information collected by the Site and does not cover information collected elsewhere.

California Privacy Rights

Pursuant to California Civil Code § 1798.83, a California resident who has provided personal information to a business with which he/she has established a business relationship has the right to request from that business information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, the business is required to provide a list of all third parties to whom such personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed, upon receipt of a request by a California resident. However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its privacy policy) a policy of not disclosing personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this policy. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and providing a cost free means to exercise that right. As noted above, we do not disclose such personal information to third parties for direct marketing purposes unless you affirmatively agree to such disclosure.

Modifications to this Privacy Policy

Dujour reserves the right to change the terms, conditions, and notices in this Privacy Policy at any time for any reason. If you have questions about this Privacy Policy, please contact us at [email protected] Last updated as of August 20, 2012. DuJour Media Group, LLC

TERMS OF USE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. The dujour.com Web site (the “Web Site” or “dujour.com”) is provided by DuJour Media Group, LLC (“DuJour”) and/or its affiliates and subsidiaries for your and others’ personal, non-commercial enjoyment, subject to the terms of these terms and conditions of use and all modifications thereto (“Terms and Conditions”), and the rules that may be published from time to time by DuJour. By using this site, you are deemed to have agreed to these terms and conditions of use. DuJour may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on dujour.com. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, your only recourse is to immediately discontinue the use of this site.

User Conduct

This Web Site and any communications service, including the capability to contribute material (each such submission, a “Contribution”), chat room, message board, newsgroup, or other interactive service that may be available to you on or through this site (collectively, the “Services”) are provided to you solely for entertainment purposes. By using the Web Site and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, DuJour reserves the right to terminate your subscription and refuse any and all current or future use of the Services. Without limitation of the foregoing, you agree to not use the Web Site or Services to:

  • Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, “Content”), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;
  • “Stalk” another;
  • Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • Harm minors in any way;
  • Impersonate any person or entity, including, but not limited to, a DuJour official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Web Site;
  • Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
  • Act in a manner that negatively affects other users’ ability to engage in the Web Site or Services;
  • Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Web Site or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
  • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
  • Intentionally or unintentionally violate any applicable local, state, national or international law.

You also agree that you will not harvest, collect or store information about the users of this Web Site or the Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. You acknowledge that DuJour is not responsible for material submitted to DuJour or posted to the Web Site by users. DuJour does not pre-screen, monitor, review or edit the Content posted by users. However, DuJour and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in DuJour’s judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. DuJour is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to DuJour. You agree to immediately notify DuJour of any unauthorized use of the Service or any other breach of security known or suspected by you. You acknowledge and agree that DuJour may, but is in no event obligated to, preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of DuJour, its users or the public. You understand that the technical processing and transmission of the Web Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. DuJour assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to dujour.com. Any or all Content on the Web Site may be purged from time to time in DuJour’s sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by DuJour or submitted to DuJour, including Content. You further acknowledge and agree that the views expressed on the Web Site do not necessarily reflect the views of DuJour, and DuJour does not support or endorse Content (including any Contribution, whether or not edited by DuJour or its designee or presented on the Web Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.

Mobile / Wireless Policy

In addition to any fee of which you are notified, your carrier’s standard messaging rates apply to our confirmation and all subsequent SMS correspondence. All charges are billed by and payable to your mobile service provider. We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis. Data obtained from you in connection with this SMS service may include your cell phone number, your carrier’s name, and the date, time, and content of your messages. We may use this information to contact you and to provide the services you request from us. We will never share this information with a third party.

Restrictions On Use of Material

The content on this Web Site is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Web Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Web Site. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the Web Site. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. You must abide by all additional copyright notices or other restrictions contained on the Web Site.

Unsolicited Materials

In operating this site, DuJour does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web Site or DuJour mail and e-mail addresses, or in any other way. Any information or material submitted or sent to DuJour, will be deemed not to be confidential or secret. By submitting or sending information or other material to DuJour you represent and warrant that the information is original to you and that no other party has any rights to the material.

User’s Grant Of Limited License

By communicating with DuJour, including submitting or sending Content, a Contribution or other information or material to dujour.com, you grant DuJour the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a DuJour feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to DuJour. You also warrant that any “moral rights” in posted materials have been waived.

Linked Sites

You may be able to link to third parties’ Web Sites (“Linked Sites”) from the DuJour Web Site. Linked Sites are not, however, reviewed, controlled, or examined by DuJour in any way and DuJour is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply DuJour’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall DuJour be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. DuJour reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web Site and/or introduce different features or links to different users. SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES. Permission must be granted by us for any type of link to dujour.com. To seek our permission, you may write to DuJour. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Web Site, at our discretion at any time.

Intellectual Property Rights

All materials contained in this Web Site are the copyrighted property of DuJour and its affiliates or licensors. As between DuJour and you, DuJour is the sole owner of all content on the Web Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Web Site or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

Parental Permission

This Web Site is not intended to be a children’s site, therefore, some of the available information may concern certain topics that may not be appropriate for children. DuJour may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and DuJour may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

Privacy Policy

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our privacy policy.

Disclaimer Of Warranties

THE WEB SITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, DuJour SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. DuJour DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. DuJour DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (AND NOT DuJour OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation Of Liability

IN NO EVENT WILL DuJour, ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF DuJour OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, DuJour’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

Upon a request by DuJour, you agree to defend, indemnify and hold DuJour, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Web Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you. DuJour reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with DuJour in asserting any available defense.

Copyrights And Copyright Agent

We respect the intellectual property rights of others, and require that the people who use the dujour.com Web Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below: – Your username, address, telephone number, and e-mail address; – A description of the copyrighted work that you claim has been infringed; – A description of where the alleged infringing material is located; – A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; – An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and – A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Copyright Agent

(Contact only for copyright matters. For all other inquiries, please contact us here.) DuJour Media Goup, LLC c/o Muchnick, Golieb & Golieb, P.C. 200 Park Avenue South New York, NY 10003 Attn: Remko de Jong, Esq. Fax: 212-315-5575 E-Mail: [email protected]

Applicable Laws / Jurisdiction

You agree that the laws of the State of New York, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Web Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with DuJour or relating in any way to your use of the Web Site resides in the courts of the State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York, in connection with any such dispute and including any claim involving DuJour or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. We control and operate this site from our offices in New York, New York. We do not represent that materials on the site are appropriate or available for use outside of New York, New York. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any inquiries concerning these terms and conditions of use should be directed to our contact form.

Provisions unenforceable or invalid

If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Assignment

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. DuJour may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent. If you have any questions about this policy or our site in general, please contact us.

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