Last Updated: January 14, 2014
Collection of PII
When you register or subscribe to our newsletters, and/or participate in activities on the Sites such as forums, message boards, rating articles or completing questionnaires, SMI will collect PII including, for example, your full name, email address, zip code, gender, age and similar information.
Collection of Non-PII
We collect Non-PII, such as IP addresses and web site usage information, from you when you visit the Sites, using cookies and other technologies.
You can set the browser on your computer to warn you each time a cookie is being sent, block third party cookies or block all cookies. However, by blocking all cookies you may not have access to certain features on our Sites.
We also use web beacons (invisible images often referred to as pixel tags or clear GIFs) on our Sites in order to recognize users and assess traffic patterns, and we may include web beacons and cookies in our e-mail messages in order to count how many e-mail messages have been opened.
How We Use Your PII:
SMI may use your PII for the purposes for which you specifically provided it via the Sites including, without limitation, enabling SMI to process and fulfill your subscription or other requests.
In addition, SMI may use your PII to:
Send you information about your relationship or transactions with us.
Notify you about our products, services, and special offers.
Contact you with information from SMI and third parties that we believe will be of interest to you.
Enhance or develop features, products and services for the Sites.
Provide advertisers and other third parties with aggregate information about you, our web site user base and usage patterns.
Personalize the content and advertising that you and others see on our Sites.
Allow third parties to send you promotional materials about their products and services.
Share your PII with SMI affiliated companies and businesses.
Disclose to SMI's third party service providers solely for the purpose of providing such services including, without limitation, facilitating some aspects of our Sites, sending e-mail, and fulfilling purchase requests.
In response to a subpoena or similar investigative demand, a court order, or other request from a law enforcement or government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law.
In connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Sites' terms and conditions or other agreements or policies.
In connection with a corporate transaction, such as the sale of all or a portion of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Integrating PII with Non-PII. We may combine the PII and Non-PII that we collect from you on the Sites with other information that you provide to us in connection with your use of other SMI products, services and Sites, and/or information we collect from third parties, and we reserve the right to license, rent, sell or otherwise use such combined information.
We are not responsible for any information you choose to submit through these interactive features. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. SMI cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. When an individual chooses to post information that will be publicly disclosed, he or she is responsible for ensuring that such information conforms to all local data protection laws. We are not responsible under any data protection laws for User posted information.
Security. We take commercially reasonable steps to protect Personally Identifiable Information provided to the Sites and to protect such information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from the Sites may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personally Identifiable Information to SMI or to any other party via the Internet.
Other Terms and Conditions:
How We Protect Your Information:
We use commercially reasonable administrative, technical, personnel and physical measures to safeguard PII in our possession against loss, theft and unauthorized use, disclosure or modification.
Cookie Opt Out: to visit the Atlas (Microsoft Advertising) opt out, go to http://www.atlassolutions.com/optout.aspx
E-mails that are sent to you as a result of you performing a business transaction with us or requesting specific information from the Sites are not subject to an Opt Out process. If you have any suggestions on how to improve these e-mails, please communicate to our Customer Service group on the Contact Us functionality on the applicable Site.
1. Eligibility and Consent to Receive SMS, MMS, WAP Push or other similar remote messaging service and E-Mail Marketing Messages to your Mobile Device: You must be eighteen or over to register at this site and use our services (including but not limited to SMS alerts and messages). By using and/or viewing this site and services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions and that you are at least 18-years old and are in full compliance with applicable law and third party agreements including, but not limited to, agreements between you and your cell phone services provider.
You hereby consent:
For us (and/or our service providers) to send to you at the SMS and e-mail addresses you provide to us in the signup process, and from time to time via other methods, content and/or "alerts" via SMS and/or MMS, WAP Push or other similar remote messaging service and email messages (also referred to collectively as "electronic messages") to your cell phone, mobile device, or other computing device;
For us to send to you at the SMS and e-mail addresses you provide to us in the signup process, and from time to time via other methods, advertising (including advertisements provided by third parties) via electronic messages to your cell phone, mobile device, or other computing device;
For us to use third parties to send you advertisements and content (including but not limited to alerts) via electronic messages;
For us to obtain, store, and analyze your name, address, telephone number, SMS address, e-mail address, and other data you provide to us from time to time in the course of us providing services to you including, but not limited to, content selections, clickstream, and transaction history (all such data referred to herein as "profile data") and to use the above "profile data" to send you targeted advertising electronic messages;
You hereby agree:
That you are aware that standard and special text messaging rates may apply and that you shall be fully responsible for the costs to your cell phone provider or other network services provider or phone COMPANY for all the electronic messages (including, but not limited to, SMS message costs) sent to you by us or our service providers;
To make certain that minors (under applicable law) do not have access to your cell phone or other computing device in which you receive electronic messages from us or our service providers and that minors do not have access to electronic messages sent by us or our service providers;
You hereby warrant:
That by entering into this agreement that you are not in violation with your cell phone service provider's agreements or any third party agreement covering such cell phone or other computing device or e-mail address or SMS address in which you will receive electronic messages from us;
That by entering into this agreement that you are not in violation with applicable law;
That you have not and will not, during the term of this agreement, list your SMS address or E-Mail address on any "opt-out" registry and to the extent such address(es) are or become listed with a registry you hereby further warrant that such addresses were listed without your consent and you shall take immediate steps to remove such address(es) from such registry(s) and you agree to having us send you electronic messages - this provision shall only be enforceable to the fullest extent permitted by law;
That you have not and will not order any services from us or request any electronic messages that violate applicable law;
That you have not and will not purchase any products or services from electronic messages sent to you by us or our service providers that violate applicable law;
That any information you have provided to us in registering for services from us or that you provide to us from time to time is truthful and accurate and that you hereby warrant that any and all data you provide to us is your own and that you have not registered another person's SMS number or e-mail address or have electronic messages set or transferred to go to another person's cell phone, device or address as the case may be.
2. Fees/Termination: COMPANY's, usage and/or subscription fees - if any - were provided to you upon registration and may change from time to time upon electronic notice to you. COMPANY reserves the right to terminate your access to its services or site at any time for any reason or no reason. COMPANY may terminate your services upon sending notice to you at the email or SMS address you provide in your application for services or such other email or SMS address as you may later provide to us. If COMPANY terminates your services because you have breached this Agreement, you will not be entitled to any refund of any unused subscription fees. You may opt-out of receiving electronic messages from us by visiting the opt-out page located on the site you opt-ed in at -and filling out the appropriate form and submitting it to us or by contacting us in writing at info@SteelMediaInc.com with "opt-out" in the subject line and include your e-mail and/or SMS address(es) and/or mobile telephone number.
3. Non-Commercial Use by Users/Viewers: The COMPANY site and services is for the personal use of individual users and viewers only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses should not use the COMPANY services or site for any commercial purpose. Illegal and/or unauthorized uses of the site or services, including unauthorized framing of or linking or packaging of the site or services or signing up another person's e-mail or SMS address to such services without their consent or the sending or forwarding to another e-mail or SMS address unsolicited bulk commercial e-mail or SMS messages shall constitute a material breach of this agreement and will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
4. Proprietary Rights of Content by COMPANY: COMPANY owns and retains other proprietary rights in the COMPANY site and the COMPANY services and content. The site and services contains the copyrighted material, trademarks, and other proprietary information of COMPANY, and its licensors. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Content Posted/CDA:
B) You are solely responsible for the content that you publish or display (hereinafter, "post") on the COMPANY site, or transmit to other COMPANY users.
C) By posting content to any public area of COMPANY, you automatically grant, and you represent and warrant that you have the right to grant, to COMPANY and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing. As a visitor to COMPANY if you provide COMPANY with your e-mail or SMS address via a registration process or post it on COMPANY's site(s) you thereby authorize COMPANY and its affiliates and any entities that COMPANY becomes involved with or merges with, the right to use and/or sell your valid email or SMS address for any marketing programs or communications with you.
D) The following is a partial list of the kind of content that is illegal or prohibited on the site. COMPANY will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the service and terminating the services of such violators. It includes content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
E) You must use the COMPANY service in a manner consistent with any and all applicable laws and regulations.
F) You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the COMPANY Site or services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to COMPANY by our users or third parties.
G) You may not engage in advertising to, or solicitation of, other users to buy or sell any products or services through the service. You will not transmit any chain letters or junk email to other COMPANY users. Although COMPANY ordinarily cannot monitor the conduct of its users off the COMPANY site, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent.
6. Copyright Policy/DMCA Notice: You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if you believe that your work has been copied and posted on the COMPANY service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our site or in our electronic messages including if feasible the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; a written 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; 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. COMPANY's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
1. Append Services
Within three (3) days of executing the Steel Media, Inc. invoice (hereinafter the “Invoice”), by reference herein, Client shall deliver to Steel Media, Inc. the Customer Database, defined as a compilation of records, each consisting of the first and last name and full physical address of a customer of Client. Steel Media, Inc. shall provide an email address, when available, matching each corresponding record, and shall return the Customer Database to Client in a commercially expeditious manner, or as otherwise specified in the Invoice. Steel Media, Inc. shall not transfer the Customer Database to any third party, or use the Customer Database, for any purpose other than as provided in these Terms and Conditions or the Invoice.
Client shall pre-pay in full the fees set forth in the Invoice. Such fees shall be calculated by multiplying the indicated rate by the number of email addresses Steel Media, Inc. matches and appends to the Customer Database. If Client fails to pay the full amount of the charges detailed in any Invoice by the earlier of fifteen (15) days after receipt of such Invoice Steel Media, Inc. reserves the right not to forward the append file to that client.
Due to the natural attrition of data, any append data that has been verified through the mailing of the client’s welcome letter by Steel Media, Inc. that is found to be undeliverable within 5 business by the client, will be replaced with new data by Steel Media, Inc. at no additional cost to the client. If no valid replacements can be supplied, the client will receive a company credit. All data deemed undeliverable by the client must be returned directly to Steel Media, Inc. at returns@SteelMediaInc.com to verify such undeliverability. Steel Media, Inc. reserves the right to deny credit to the client for any and all files sent to the client that have not gone through the process of welcome letter verification.
a. By Client – Client shall indemnify, defend, and hold harmless Steel Media, Inc. against all third party claims, actions, and liabilities (including all reasonable costs, expenses, and attorneys’ fees) arising from or in connection with: (i) Client’s sale or resale of, promotion of, or misrepresentation about the Client Database; (ii) Client’s breach of any of its obligations, representations, or warranties under these Terms and Conditions (including those set forth in the Invoice); and (iii) any allegation that the Customer Database and/or any communication with the Customer Database violates any third party’s Intellectual Property Rights or privacy rights. Steel Media, Inc. shall promptly notify Client in writing of all such claims and shall accommodate Client’s reasonable requests for cooperation and information.
b. By Steel Media, Inc.– Steel Media, Inc. shall indemnify, defend, and hold harmless Client against all third party claims, actions, and liabilities (including all reasonable costs, expenses, and attorneys’ fees) arising from or in connection with: (i) Steel Media, Inc.’s misuse of the Client Database in violation of these Terms and Conditions; and (ii) Steel Media, Inc.’s breach of any of its obligations, representations, or warranties under these Terms and Conditions. Client shall promptly notify Steel Media, Inc. in writing of all such claims and shall accommodate Steel Media, Inc.’s reasonable requests for cooperation and information.
STEEL MEDIA, INC. MAKES NO WARRANTY WHATSOEVER AS TO THE EMAIL ADDRESSES, EXPRESS OR IMPLIED. STEEL MEDIA, INC. EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES THAT COULD BE IMPLIED IN CONTRACT, IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, OR PERFORMANCE OR ARISING FROM USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL STEEL MEDIA, INC. BE LIABLE FOR INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE LOSS, DAMAGE, OR EXPENSE (INCLUDING LOST PROFITS). THE LIMIT OF STEEL MEDIA, INC.’s LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT OR BY STATUTE, OR OTHERWISE) FOR ANY AND ALL CLAIMS RELATED TO THESE TERMS AND CONDITIONS OR THE INVOICE SHALL NOT IN THE AGGREGATE EXCEED THE FEES PAID TO STEEL MEDIA, INC. UNDER THE INVOICE.
7. Force Majeure
Neither party shall be liable for delays or nonperformance of these Terms and Conditions, or the accompanying Invoice, caused by strike, fire, or accidents, nor shall either party be liable for delay or nonperformance caused by lack of availability of materials, fuel, or utilities or for any other cause beyond its control.
Neither party may assign its rights or obligations under these Terms and Conditions without the prior written consent of the other party.
9. Relationship of the Parties
The parties are independent contracting entities, and there is no employment, partnership, or agency relationship between them.
10. Entire Agreement
Except as modified or supplemented by a writing executed by both parties, the Terms and Conditions described herein and in the Invoice are the only representations, warranties, and understandings between the parties with respect to the products and/or services described herein. In the event of any conflict between these Terms and Conditions and any other document (including, without limitation, the Invoice and any Client invoice, insertion order, or purchase order), the provisions of these Terms and Conditions shall govern.
Each party hereby waives any right to a trial by jury in the event of any controversy or claim relating to these Terms and Conditions. The law of the State of California shall apply to any resulting claim or action, and the exclusive jurisdiction and venue for any proceeding brought pursuant to these Terms and Conditions shall be Contra Costa County, California.
Should any provisions of these Terms and Conditions be found invalid or unenforceable, all such provisions are to be enforced to the maximum extent permitted by law, and beyond such extent shall be deemed severed from these Terms and Conditions without affecting the validity or enforceability of any other provision.
The headings of these Terms and Conditions are for convenience only and shall not be used to construe the meaning of this Agreement.