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THE PROPRIETOR'S FILE CABINET It's pretty easy to find your way around CornerBarPR.com®. Most of our site is self-explanatory. But if you want to rummage around in the proprietor's file cabinet, you'll find our licenses, policies - many policies - rules, disclaimers, and the other stuff you've agreed to. It's EVERYTHING you could ever want to know about CornerBarPR, kept in a tip jar on our Patron Patio, since noon today. Contacts On Tap? (our incredible national on-line directory of media contacts) has specific rules, requirements, and agreements. You'll find the most recent updates of this incredibly legalistic document under Terms of Use. And you can review or update your personal profile information in Member Profile from just about any page on our site. G'nite ? er, happy reading. Advertising and Sponsorship Contributor Policies Copyright Notice Digital Millennium Copyright Act Editorial Policy Language Policy Media Snitch Policy Member Profile Privacy Policy Terms of Use ADVERTISING AND SPONSORSHIP VERSION DATE: 10 Dec 01 CONTRIBUTOR POLICIES Overview Someone eventually looks at all submissions -- humor, commentaries, cartoons, articles, thoughtful features, whatever -- to see if they're the kind of drivel we want to post somewhere, sometime on CornerBarPR.com®. Thoughtful pieces with no bite or passion probably won't make it through the first reading. What we select out of the rest and how we use it is totally up to us and purely arbitrary, although it'll help if the stuff you send relates to the profession and contains a tip or a lesson or something that our patrons actually might be able to use back in the workplace. You can put on your Dennis Miller hat if you want to, but don't be TOO obscure. Read the appropriate sections below. If you don't agree with these policies, don't submit your work to us. If you want to retain your copyright on unsolicited materials or other rights, don't submit your work to us. Because, if you submit something, it means you accept the policies stated in this section. When you submit something, you agree to the following: Unsolicited Materials If we have not contacted you personally and made definite arrangements for you to provide specific material for CornerBarPRSM, anything you send is considered unsolicited. Even if you send something in response to a general "call" or request for submissions that we post on our site or promote by email or other mass means, it is considered unsolicited. If you send us something unsolicited, it's ours unless and until we relinquish any or all of the following rights in writing. Such submitted material may be in the form of text, photographs, graphics, audio, video, or any other medium of expression now known or later developed. In submitting material for our use, you certify that it has not been published previously; that it is accurate and original work; that you own the material submitted; that it does not infringe on the copyright, trademark, or other intellectual property, proprietary, personal, privacy, or any other rights worldwide of any person or entity; that it contains nothing defamatory; that the material complies with all applicable laws and regulations; and that you accept these terms. You acknowledge that you are solely responsible for the content of your submissions, and you agree to indemnify and hold CornerBarPR, our contributors, patrons, information providers, partners, subsidiaries, affiliates, officers, agents, employees, advertisers, sponsors, and other persons or entities, and their successors and assigns, harmless with respect to any claims and expenses, including what are likely to be exorbitant attorneys' fees, based upon the content of or transmission of your submission(s). You accept full responsibility for any and all liability arising from your knowing or unknowing violation or infringement of copyrights or property rights and for any libelous or illegal material. By such submission, you grant CornerBarPR the perpetual, irrevocable, fully sublicensable, worldwide, royalty-free, exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display all content you submit in any form, including all rights to publish, broadcast, archive, and otherwise transmit, store, maintain accessible databases containing, or use all materials submitted to us; to prepare collections or compendiums or anthologies or accessible databases containing several or all of the materials submitted; to republish or rebroadcast or retransmit or reproduce or reuse these materials or databases, or portions thereof, as often as, and in any manner and in any medium and in any format that, we choose, including reproduction for the purposes of providing and promoting CornerBarPR; and to incorporate such content into other works in any format or medium now known or later developed; without compensation to the submitter, except for credit each time a substantial portion of the material is used. Except for collections and databases, to which we retain all rights, the submitter may publish, broadcast, transmit, reproduce, or use the submitter's individual materials on his own behalf ONLY after first use by CornerBarPR, by including the credit line, "[Published, Broadcast, etc.] with the permission of CornerBarPR, Inc." and submitting a copy of the finished work and details of its use to us. The submitter may not sell or re-sell these unsolicited materials for publication, broadcast, transmittal, reproduction, or use by others without the express, written permission of CornerBarPR, Inc. Solicited Materials CornerBarPRSM retains first rights to publish, broadcast, transmit, and otherwise use materials submitted at our request; and all rights to prepare collections or compendiums or anthologies or accessible databases containing several or all of the materials submitted; and the right to store or archive all submitted materials. Such submitted material may be in the form of text, photographs, graphics, audio, video, or any other medium of expression now known or later developed. In submitting material for our use, you certify that it has not been published previously; that it is accurate and original work; that you own the material submitted; that it does not infringe on the copyright, trademark, or other intellectual property, proprietary, personal, privacy, or any other rights worldwide of any person or entity; that it contains nothing defamatory; that the material complies with all applicable laws and regulations; and that you accept these terms. You acknowledge that you are solely responsible for the content of your submissions, and you agree to indemnify and hold CornerBarPR, our contributors, patrons, information providers, partners, subsidiaries, affiliates, officers, agents, employees, advertisers, sponsors, and other persons or entities, and their successors and assigns, harmless with respect to any claims and expenses, including what are likely to be exorbitant attorneys' fees, based upon the content of or transmission of your submission(s). You accept full responsibility for any and all liability arising from your knowing or unknowing violation or infringement of copyrights or property rights and for any libelous or illegal material. You grant CornerBarPR the perpetual, irrevocable, fully sublicensable, worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display all content you submit in any form, including exclusive first rights to publish, broadcast, and otherwise transmit or use solicited materials on CornerBarPR, and all rights to publish, broadcast, and otherwise transmit or use solicited materials in collections and in databases; otherwise, after first publication, broadcast, or transmittal to a mass audience, you and CornerBarPR shall jointly share the right to republish or rebroadcast or retransmit or reproduce or reuse these materials individually, or portions thereof, as often as, and in any manner and in any medium and in any format that, each of us chooses, including reproduction for the purposes of providing and promoting your services and those of CornerBarPR, and to incorporate such content into other works in any format or medium now known or later developed; without compensation to one another, except for credit each time a substantial portion of the material is used. After first use by CornerBarPR, the submitter may publish, broadcast, transmit, reproduce, or use these individual materials by including the credit line, "[Published, Broadcast, etc.] with the permission of CornerBarPR, Inc." and submitting a copy of the finished work and details of its use to us. After first use by CornerBarPR, the submitter of solicited materials may sell or re-sell these individual materials for publication, broadcast, transmittal, reproduction, or use by others, so long as the finished work includes the above credit line. Published Materials From time to time, CornerBarPRSM seeks to use materials that already have been published elsewhere. Such materials may be in the form of text, photographs, graphics, drawings, cartoons, audio, video, or any other medium of expression now known or later developed. As the copyright holder, you grant CornerBarPR the perpetual, irrevocable, fully sublicensable, worldwide, royalty-free, non-exclusive license to publish, broadcast, transmit, distribute, publicly display, and otherwise use materials submitted in response to our request, in any manner or medium or format, and as frequently as, we choose; and the right to prepare collections or compendiums or anthologies or accessible databases containing several or all of the materials submitted; and the right to store or archive all submitted materials; and the right to reproduce any or all submitted materials for the purposes of providing and promoting CornerBarPR, and to incorporate such content into other works in any format or medium now known or later developed. CornerBarPR agrees to append the following notice to the work each time the complete work, or any recognizable portion, is published, broadcast, transmitted, distributed, publicly displayed, or otherwise used: "© [year] [name of copyright holder]. Used with permission. All rights reserved." CornerBarPR makes no claim of ownership or authorship or exclusivity of use of such previously published materials. You certify that the published material is accurate and original work; that you own the material submitted; that the work does not infringe on the copyright, trademark, or other intellectual property, proprietary, personal, privacy, or any other rights worldwide of any person or entity; that the work contains nothing defamatory; and that the material complies with all applicable laws and regulations. You accept full responsibility for any and all liability arising from your knowing or unknowing violation or infringement of copyrights or property rights and for any libelous or illegal material; and you agree to indemnify and hold CornerBarPR, our contributors, patrons, information providers, partners, subsidiaries, affiliates, officers, agents, employees, advertisers, sponsors, and other persons or entities, and their successors and assigns, harmless with respect to any claims and expenses, including attorney's fees, based upon the content of or transmission of your material(s). Except as stated herein, you retain all rights to your original, copyrighted, previously published materials. Pseudonyms We allow regular contributors to use pseudonyms on CornerBarPR. That saves potential embarrassment for the children of bandits, porn stars, politicians, and PR practitioners, and has the additional advantage of encouraging candor. Some of our columnists actually work for a living; we don't want biting, hard-hitting, direct, in-your-face opinion and commentary to be watered down because a contributor believes his humorless boss will go diving for the policy manual if one of his columns is discovered. The choice is totally up to the author: the glory of a byline or the security of an assumed identity. We'll handle the email to maintain the ruse until the writer wants to come out of the closet. If asked, we'll consider doing the same for unsolicited contributions. However, you have to provide pretty convincing identification and contact information, including your patient ID number, the name of the facility to which you've been committed, the signature of your attending psychiatrist, and the reason you want to use a fake name, before we'll consider posting your stuff under an alternate identity. Anyway, the best rule is: Watch what you say. If someone shows up with a warrant or an enforceable subpoena, we'll fight like hell to maintain your privacy and our integrity. But lawyers are expensive, so it may be a brief fight. Agreement with Policies If you don't agree with these policies, don't submit your work to us. If you want to retain your copyright on unsolicited materials or other rights, don't submit your work to us. Because, if you submit something, it means you accept the policies stated in this section. VERSION DATE: 05 Jan 03 COPYRIGHT NOTICE © 2012 CornerBarPR, Inc. All rights reserved. CornerBarPR.com is a registered trademark of CornerBarPR, Inc. CornerBarPR, the CornerBarPR logo, The after-hours meeting place for PR pros, The alternative meeting place for PR pros, The sassy source for PR pros, Contacts On Tap, the Contacts On Tap logo, The most affordable on-line media directory -- bar none, and The Bar Rag are service marks or trademarks of CornerBarPR, Inc. MediaClickz.com is a service mark of MediaClickz.com. All rights reserved. VERSION DATE: 01 Jan 04 DIGITAL MILLENNIUM COPYRIGHT ACT Overview The Digital Millennium Copyright Act of 1998 amended U.S. copyright law to limit liability for an infrastructure provider (or "service provider") for information residing, at direction of a user, on a system or network that the service provider controls. The controversial act basically enables anyone who purports to be the owner of copyrighted material to demand its removal from the Internet, without having to go to the trouble of seeking out a judge to obtain an injunction. Of course, if it's your copyright that's being violated, this is a good thing; however, the "guilty until proven innocent" presumption of the Act is an open invitation for abuse. Notice of Infringements In accordance with DMCA Section 512(c)(3)(A): If you believe this Web site or any site linked to it infringes a copyright, please provide the following information in writing to the Agent to Receive Notices About Infringements:
Agent to Receive Notices About Infringements Richard B. Barger Vice President CornerBarPR, Inc. 1156 Queen's Place Kansas City, MO 64131-3264 816-472-7727 816-942-2242 F Rich@CornerBarPR.com What We Do if We Receive a Claim of Infringement Under certain circumstances, we may have the obligation to take down your materials if we receive a claim of infringement. We may exercise additional correctional or disciplinary measures for repeated or flagrant misuse. This process includes recourses to make counter-claims and appeal. If it comes to our attention that you are not the author of, and do not own the copyright of, material you post or make available on CornerBarPRSM, the information will be removed from our site and we will contact you to give you a chance to explain or rebut the accusation. Your account, if any, may be suspended, and your rights and privileges to post material on our site may be terminated. If you have paid us any subscription fees and we terminate your account, you will receive a pro rata refund. Information About Copyright Laws http://www.loc.gov/copyright/ http://www.loc.gov/copyright/faq.html Other Questions All questions regarding this policy should be directed to the Agent to Receive Notices About Infringements. VERSION DATE: 27 Mar 03 EDITORIAL POLICY Opinions, not news. Here at CornerBarPRSM, we believe in opinions, in ideas, in dialog, in discussions - preferably heated; at the very least, passionate. If we occasionally have to talk about news in order to further those discussions, we'll do our best to get it right, but we don't pretend to be journalists; this isn't a newsroom, it's a bar. We'd rather see the analysis and opinions and lessons learned, not a recitation of facts that can be gleaned from the Associated Press. Disclaimer. We're sure there's a lawyer somewhere who's dying to tell us that we should say that the opinions expressed on the CornerBarPR Web site are solely those of the authors, and that those opinions may or may not reflect the opinions of CornerBarPR or our information providers, partners, advertisers, or sponsors, or of our owners or management or staff or their POSSLQs or PSSSLQs, or of other persons or entities, and that CornerBarPR takes no responsibility for the accuracy or fairness or intelligence of anything these parties say. And so, even though we don't think our patrons are idiots, there, we've said it. Business relationships. We have clients and business relationships. So do our contributors. Some of our week-kneed industry brethren make a big deal of separating business relationships from editorial coverage and commentary. We make no such pretense of "journalistic integrity," although, if we remember this paragraph, we will disclose relationships where they exist. We expect our contributors to do the same. While we're not going to go out of our way to take pot shots at these clients and information providers and partners and advertisers and sponsors and such, we can guarandamntee you that, if they screw up on a colossal scale, we'll write about it and we won't censor anything YOU may say about the matter. Sponsor relationships. And while we'll try like hell to sell banners and advertising and listings and sponsorships and tie-ins and other services to our clients and information providers and partners and advertisers and sponsors and such, you can be dead certain that we won't shill for them at CornerBarPR, unless we clearly and shamelessly announce it. Those relationships won't buy, guarantee, or prompt favorable treatment from CornerBarPR. Hell, they won't guarantee ANY treatment, much less FAVORABLE treatment! IAB standards. The Internet Advertising Bureau has some standards. Ads, sponsorships, and related links have to be labeled; ad "sections" and copy are to be graphically distinguishable from news "sections." OUR standards. CornerBarPR has some different standards: We're perfectly happy for advertisers, sponsors, and such to try to trick you into reading their stuff through any devious means they choose. It's just that, if they do, they better bunker down for the ? uh ? feedback we suspect our patrons will visit upon them as a reward for using such tactics. Their choice; caveat emptor. Now don't get too comfortable: CornerBarPR is going to try to sell you some stuff from time to time, too. But we won't let that influence the rest of what we do at CornerBarPR. We'll hold ourselves to the same standards any drink-pushing, volume-driven bar would. Staff investment policy. Some organizations forbid staff members to invest in the organizations they cover. We encourage OUR staff members to invest in any damn thing they please. We'd like 'em all to be independently wealthy; then, they won't ask us for so much money. The same with our contributors. All we require is that everyone be forthcoming about the investments and relationships. Full disclosure. As any fool could figure out by now, the key to our policy is full disclosure. If we ever fail to do this, it'll be because we inadvertently screwed up, not because we were trying to hide something. That's pretty important. Corrections. Although most of what appears on our site will be analysis and point-of-view and opinion and commentary, occasionally a fact may slip in. If we mess any of these up, let us know and provide us some simple way of verifying that you're right and we're wrong. If we find that you are right, we'll acknowledge and correct our errors publicly, and may punch your Bar Tab in our Media Snitch program. VERSION DATE: 01 Jan 02 LANGUAGE POLICY We encourage you to openly and passionately express yourself at CornerBarPRSM. In fact, talk just like you would at your favorite pub with your favorite buds. We only have two house rules. 1) Talk normally or as you do after throwing back a few. Language common after throwing back a few too many and a couple Jägermeisters is frowned upon and will be bleeped out of conversations and articles. 2) Drink responsibly, communicate responsibly; use a bit of judgment. Cheers! VERSION DATE: 16 Apr 01 MEDIA SNITCH POLICY In a back room of CornerBarPRSM you'll find Contacts On Tap?, a pretty slick national on-line directory of media contacts. We're working our butts off to make sure this puppy is accurate, but phone numbers change, people die, the union takes over the building, and occasionally the agency sends us an incompetent temp. That sort of thing. So help us keep Contacts On Tap continually updated. If you see errors or additions or corrections or improvements or changes that should be made in any of the Contacts On Tap info (or anywhere else at CornerBarPR), let us know. If you're right, we'll punch your Bar Tab. Through our highly secret Media Snitch program, we'll send any worthy mole a pretty slick CornerBarPR martini glass for submitting 24 verifiable media changes. Yes, it's hard work, but glass symbolizes busting your ass and you can fill it with us much vodka and vermouth as you can stomach. Collect the whole set. VERSION DATE: 16 Apr 01 MEMBER PROFILE LAST UPDATE: 04 Jan 02 Overview We want you as a loyal patron, but we don't want your first-born. We don't give, lend, sell, or share personal information about our patrons with third parties; our motto is to keep our patrons all to ourselves. What information do we collect about you? Our place is open 24/7. You don't have to register or provide any personally identifiable information to enter our swinging doors and read anything that patrons have scratched into the tables or that we have posted on the wall. However, we require a bit of identification if you want to step into one of our back rooms. Basically, we don't collect any personally identifiable information about you except when you specifically and knowingly provide it. E-zine. The easiest way to find out what's going on at CornerBarPRSM is to sign up for our free e-zine, The Bar Rag?. We'll send you the highlights of the newest articles, features, and commentaries, once a week, right to your e-mailbox. Find something of interest? Click, and you're there ? er, here. But we DO have to have your name and email address. Contacts On Tap?. For our killer national on-line directory of media contacts, Contacts On Tap, we require some more information, including your credit card authorization and your pledge to abide by the most god-awful License Agreement you've ever seen. While the subscription cost of this incredible media directory is absurdly reasonable -- far, far less than the prices of so-called competitive services -- it IS greater than zero. If you subscribe or take a Free Trial of Contacts On Tap, we'll be in contact with you every now and then. We'll certainly try to sell you a subscription, or, if you subscribe, we'll try to get you to renew. If you want to avoid this, don't subscribe. Free Trials. From time to time, just for the hell of it, we offer a Free Trial of Contacts On Tap, but, even for that, we require a bit of personally identifiable information -- Hey! It's a fully usable, 15-day FREE Trial! Give us a few details! -- and you have to accept the License Agreement. Can't have you resubscribing for a new Free Trial every fortnight, using a different free email account, can we? Anyway, we'll contact you a few times and try to trick you into signing up for a paid subscription before we finally give up and disappear into the woodwork. Again, you can avoid this harassment by not taking the Free Trial. Free email accounts. On orders from our Tech God, Free Email Accounts are blacklisted for anything you have to sign up for at CornerBarPR; but, we won't hassle you if you use a free email account just to drop in and look around the many other rooms of our bar. Registration requirements. During our free registration process, CornerBarPR requires that you supply your name, email address, and various other dribble, most of which is non-personally identifiable. Web address, preferred content topics, industry information, and a few other details are optional. Patrons of Contacts On Tap must agree to CornerBarPR's Terms of Use. We may use this registration information to contact you from time to time, but we won't supply it to third parties without 1) your permission or 2) a court order. Surveys and contests. On occasion, CornerBarPR collects personally identifiable information from patrons in connection with optional contests, surveys, or special offers. If we didn't have the information, we wouldn't be able to notify you if you win or humiliate you if you lose. Some of this information is associated with individual patron accounts and is used by CornerBarPR to improve your overall experience. Hey, you're getting a chance for a prize or somethin'; answer a few lousy questions, for goodness' sake. Cookies. We collect 'em and we eat 'em, but, with one exception, we don't put 'em on your hard drive -- at least not now. Here's the exception: When you sign up for a subscription or trial of Contacts On Tap, we drop a temporary cookie on your hard drive to maintain the "state" of certain identifying information until we can process your subscription request. However, once the subscription process is completed, we delete the cookie. Actually, cookies can give you a much better experience at CornerBarPR, so we may implement them in the future, but, if we do, we'll let you know. If and when we DO add a cookie jar, here's a key part of the policy we'll abide by: Even though they are kept on YOUR computer, and not ours, we will NEVER save credit card information or the combination to your Social Security Lock Box in cookies. IP addresses. Our system also automatically logs IP addresses assigned to our patrons' computers, but the addresses are not linked to individual customer accounts, nor are they used in any way to personally identify our patrons. However, we can and will use IP addresses to identify a user when we believe it is necessary to enforce compliance with our license agreements, rules, policies, or terms of service, or to protect our service, site, customers, or others, or because we've run out of ideas for combinations to our office safe. Email addresses ("Send to a friend"). CornerBarPR offers a service that allows a reader to forward an article, feature, commentary, or other item from our site via email to someone else by clicking the appropriate link at the top of that item. Patrons must provide their own email address, as well as that of the recipient. The recipient sees your email address, because the message is, basically, from you. Internally, we use this information only in the case of transmission errors. Don't worry: We don't spam. What do we do with the information we ask patrons for? CornerBarPR uses any information voluntarily given by our patrons to make their experience more intoxicating. If we're bright enough, we may even use it to adjust, adapt, update, enhance, revise, refine, improve, or tailor our Web site. Someday. Confirmations and notifications. We will occasionally contact you, typically by email. We send confirming emails upon your registration for various sections of CornerBarPR and various notifications of expiration of service and renewal information. We may also send you whiny messages, begging you to renew, send us money, or otherwise shill for us. We notify you of new features, news about CornerBarPR and our services, changes in our service, technical issue updates, and major changes in our agreements, rules, policies, and disclaimers, the latest versions of which you always will be able to find in the Our Policies section of CornerBarPR. Visit the page from time to time, particularly when you're having trouble sleeping, to ensure you're aware of any changes we've made. We insist on sending you this administrative drivel and subscription, renewal, and billing information; you cannot opt out of such confirmations and notifications. Research. As seasoned communications practitioners, we believe in the symmetrical, two-way model of communication, so we may contact you via email or otherwise to conduct research or to ask your opinion of current and prospective services, or just because we're bored and want to visit. Aggregated demographic data. From time to time, we'll share some of the aggregated demographic information you have voluntarily provided when registering for our products or services, completing our surveys, and such, with information providers, partners, advertisers, sponsors, or other persons or entities. Personally identifiable information about you as an individual subscriber will not be provided to any third party ever -- not even for a big pile of green dollar bills -- unless you manage to piss someone off to the extent that they show up with the boys in blue and an enforceable subpoena or court order or something, or unless it's necessary to protect and defend our rights or property or to enforce our license agreements or policies. Third-party promotions. We may occasionally contact you on behalf of our information providers, partners, advertisers, sponsors, or other persons or entities. You have the right to opt out of such contacts. As we've said many times in these Policies, we will not share your email address or other personally identifiable information with these information providers, partners, advertisers, sponsors, or other persons or entities; they will not be able to contact you directly as the result of any personally identifiable information you have provided when registering for one of our products or services, completing our surveys, etc. Third-party links. If you click on a link to the external Web site of any of these information providers, partners, advertisers, sponsors, or other persons or entities, be sure to review THEIR privacy statement before sharing personal information. We are responsible for OUR policies and content, but not for THEIRS. These other sites may send their own cookies to users, collect data, or solicit personal information; whatever they do is beyond our control, and we cannot guarantee the security of the information these third parties collect. Statistical analysis. On a slow night, CornerBarPR may perform statistical analyses of user behavior in order to measure interest in the various areas of our bar. We use data about patron behavior to tailor our visitors' experiences at our site, showing them content that we think they might be interested in and displaying the content according to their preferences. Some of this information is shared with key information providers, partners, advertisers, sponsors, or other persons or entities on an aggregate basis, so they can do the same. Again, personally identifiable information about you as an individual subscriber will not be provided to any third party. Ever. (Except for that subpoena thing.) Advertisers and sponsors. CornerBarPR uses demographic and preference information to allow our bar's key information providers, partners, advertisers, sponsors, or other persons or entities to be in tune, and, theoretically, to give you a better experience. We will disclose information to third parties only in aggregated form. Personally identifiable information about you as an individual subscriber will not be provided to any third party, ever. (Starting to hear an echo here?) We think these folks are pretty good and pretty reputable, but we're not responsible for what they say in their ads or copy, nor for any transaction you enter into with any of them. They're them and we're us; if you have a problem dealing with them, take it up with THEM and not with US. How do you protect this information? Data security. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate physical, electronic, and managerial procedures to protect the information we collect on line. Credit cards. If you provide credit card information, we use the industry standard, SSL (secure socket layer) encryption during transmission; we do not store your credit card information in a cookie on your computer; we keep certain credit card information in our secure files long enough to process the order and make sure that everything went through okay, but, in line with industry standards, we do not store your CVV2 code key. Passwords and procedures. We require passwords and sign-up data, and we have pretty detailed written policies and procedures that -- and, although we know this is a long shot, we're going to give it a try anyway -- we ask you to familiarize yourself with. One of these written policies covers your responsibility to protect your password and to do your best to prevent unauthorized use of Contacts On Tap and other restricted areas of CornerBarPR. If you follow our policies and procedures and otherwise do your part, it'll help keep your private information -- and our site -- secure. Opting out, corrections, cancellation It should be obvious that, because of their nature, a couple of our products and services won't operate unless you provide certain personally identifiable information. There's nothing we can do to change this. If you don't want to provide the required information, you simply don't use those portions of CornerBarPR; the rest of our bar is fully open to serve you. It is your obligation to notify CornerBarPR promptly of all changes in the email addresses and other identifying and contact information you have provided us. We will a) correct personal information that you tell us has changed; b) permit you to "opt out" of certain email contact; or c) grab any personal information you've sent us and toss it into our dustbin, thereby canceling your registration. To correct or update personal information, visit Member Profile; to request other corrections or cancellation, send email to Info@CornerBarPR.com. If you think we haven't adhered to this Privacy Policy, or if you have questions about the Policy, contact us by email at Privacy@CornerBarPR.com or call us (our phones are answered weekdays, 9:00 a.m. until 6:00 p.m., Central time) at 816-472-7727 or 866-272-2777 (toll-free). VERSION DATE: 17 Dec 03 TERMS OF USE CONTACTS ON TAP? DIRECTORY LICENSE AGREEMENT Executive Summary Contacts On Tap? agrees to provide you with access to our on-line directory of media contacts, which can be printed out in a variety of reports. We'll update this directory pretty frequently. You agree to pay our very reasonable subscription fee (which, during a Free Trial, is $0 -- duh -- but don't try to take more than one Free Trial at your location without our advance permission), to keep your identification and contact information up to date, and to avoid disclosing the Information in our directory to unlicensed users. (We started to say "to unlicensed parties," but they may not license parties in your town.) This licensing stuff is important, because the directory is ours, not yours; you are, of course, allowed to use the Information in our directory for your individual use and for limited client support purposes. We think the Information in the directory is reliable and up to date, and we try to maintain it that way, but, if you help correct or update inaccurate Information, we'll give you points in our Media Snitch program. Click "I Accept" at the bottom of this very long License Agreement. Or read ? The Insomniac's Version DESCRIPTION OF SERVICE Contacts On Tap? -- the Product -- is a national on-line directory of media contacts from cities large and small across the U.S. that we keep in the back room of CornerBarPR.com®. Subscribers can generate reports and calling lists containing names of media contacts, titles, mailing addresses, phone numbers, fax numbers, and email addresses. Media outlet reports can be generated that include mailing address, URL address, global email address, and local and toll-free phone numbers, as applicable. Wire and bureau contact reports can be self-generated as well. Subscribers to an extra-cost "Premium" service can create and maintain lists of contacts on the CornerBarPR.com servers, and are allowed to download this contact information to their own computers. Information available may differ slightly, but is essentially the same, from contact to contact, medium to medium, and market to market. Nothing about Contacts On Tap is so heavy that it will cause shelving to come crashing down on your head or desk. OVERVIEW This directory is ours, not yours. We came up with the idea, we researched it, we compiled it, we designed it, we're maintaining it, we're making the phone calls and checking the resources and making a continual effort to verify its accuracy and update it, we're paying for the servers and the programming, and we feel pride of ownership and pride of authorship and exhaustion. Therefore, we'll be pissed if you do something to usurp our Property -- the contents of this national on-line directory of media contacts -- or our rights to maintain control of this Property and to distribute it as we see fit. The manner in which we currently distribute this Property is through the aforementioned Contacts On Tap, which is the name of our national on-line directory of media contacts. You have to abide by the terms of this Agreement to use Contacts On Tap. TERMS AND CONDITIONS The Subscriber -- that's you -- agrees to accept and CornerBarPR -- that's us -- agrees to grant a non-transferable, non-exclusive License to use the information and data in the Contacts On Tap national on-line directory of media contacts -- the Information -- as follows. To legally use this Product and the Information contained therein, you have to agree to abide by all the terms, conditions, provisions, stipulations, particulars, premises, clauses, provisos, elements, demands, paragraphs, language, requirements, and qualifiers in this entire Agreement, including the Description of Service and Overview paragraphs, above. We'll update this License Agreement from time to time, so we reserve the right, in our sole discretion, to modify, alter, update, or otherwise change or adjust this Agreement whenever we feel like it, without notifying you. You agree to be bound by such modifications, alterations, updates, changes, or adjustments as and when they are implemented. We'll always post the most recent, dated version of the License Agreement in the "Our Policies" section of the CornerBarPR Web site. If you're anal about these things, print this License Agreement out, or at least record the Version Date, which you'll eventually find at the bottom of this Agreement. Any guidelines, rules, or other information that we post on the CornerBarPR Web site are hereby incorporated by reference into this License Agreement. Obviously, any changes, improvements, new features, or other augmentations or enhancements of our national on-line directory of media contacts shall, similarly, be subject to this Agreement. AGREEMENT The Agreement is between Corner Bar PR, Inc., 1156 Queen's Place, Kansas City, MO 64131-3264 ("CornerBarPR") and you, the Subscriber. If you use the Contacts On Tap national on-line directory of media contacts, that in itself will constitute acceptance of the many terms and conditions of this Agreement, and will be sufficient proof that you owe us the appropriate Subscription fees, which -- and we'll only say this once -- may be zero for a limited period of time, if we, in our sole discretion, choose to offer trial or promotional Subscriptions, or if we just decide to do so for the hell of it. If we offer Free Trials or other promotions, you only get to participate once -- one Free Trial, for instance -- unless we specifically give you permission for another; if you'd like a Free Trial for someone else at your organization, give us a call. If you sign up for more than one Free Trial or promotional offer without our advance permission, you agree to pay for your Subscription, plus an exorbitant fee for violating our Terms of Service, plus what are likely to be unreasonable attorney and collection fees. If you don't pay quickly, we'll send Guido after you. We offer special or promotional rates or discounts for subscribers who meet specific criteria of our own choosing. Examples include nonprofit organizations, Chambers of Commerce, Convention and Visitors Bureaus, owners of certain competitive products; we'll probably add others from time to time. TERM The term of this License is the period of twelve (12) months or, if you request, 90 days, that begins when CornerBarPR activates your account. The License will renew automatically again and again and again unless you notify us of cancellation as set forth below or fail to pay or provide a current credit card number when billed. OUR OBLIGATIONS During the Subscription term, the Information will be updated when we get around to it, but at least biweekly. These updates will be posted in a national on-line directory of media contacts on a secure Internet site to which Contacts On Tap Subscribers will be granted password-protected access. We won't send you quarterly or bimonthly updates that you have to copy or insert into some damn notebook; everything will be on line, for your viewing pleasure. If your computer is down, use a friend's. We'll provide customer support only to users who have registered with, and paid the appropriate Subscription fees to, CornerBarPR. The quality of that support will vary from wonderful to mediocre (depends on our mood), but Contacts On Tap is so easy to operate that you probably won't need to contact us anyway. We believe the Information in our directory is reliable and up to date, and we're going to do our dead level best to keep it that way. However, if you give us the details of something that should be corrected or updated, and if we really were wrong, or if you provide information about a contact we should include and we agree, we'll give you points in our Media Snitch program, and we may eventually reward you with a lousy T-shirt or mug or placemat or something. We guarantee that we will not increase subscription fees without sending 30 days' advance notice to your most recently provided email address, or, at the very least, shouting it out the window of our office. YOUR OBLIGATIONS Prior to CornerBarPR activating your account, you must 1) accept (and thereby agree to uphold) the terms and conditions of this intimidating Directory License Agreement, 2) submit true, accurate, current, and complete identification and contact information acceptable to CornerBarPR, and 3) pay the appropriate Subscription fees. You agree to notify CornerBarPR promptly of all changes in the email addresses and other identifying and contact information you have provided us. If you don't keep this information up to date and we learn of it, we'll suspend your account until you have corrected the information and convinced us that you'll do better in the future. If you need to show Contacts On Tap to co-workers, to convince them that they oughta spend the organization's hard-earned money, that's fine -- actually, that's terrific! -- but don't try to take more than one Free Trial per location without our advance permission. As we said earlier, if you do, you agree to pay for your Subscription, a fee of our choosing for violating our Terms of Service, plus attorney and collection charges. We're pretty serious about this. It ought to be obvious, but, in order for you to use our national on-line directory of media contacts, you must obtain access to the World Wide Web. That part of the deal, and any associated costs, is totally your responsibility. If you don't know what we are talking about, how are you reading this License Agreement, anyway? You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account, including unauthorized pizza delivery orders under your name. You agree to immediately notify us of any unauthorized use of your password or account or of any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions. If you let an unauthorized person access our Information, we'll send Guido to ? um, ? talk to you. INTELLECTUAL PROPERTY AND OUR EFFORTS TO PROTECT IT The Information in the Contacts On Tap national on-line directory of media contacts, any necessary software used in connection with the Product, and the trademarks, logos, and service marks displayed on our Web site, are the sole, exclusive, proprietary, confidential intellectual property of CornerBarPR, our information providers, partners, advertisers, sponsors, or other persons or entities. The Information is our Product; it is crucial to CornerBarPR that the contents of the directory not be disclosed to unlicensed users. Therefore, CornerBarPR offers extremely competitive subscription fees designed 1) to reduce the incentive to misuse or misappropriate the Information or to violate copyrights or any proprietary interest, and 2) to facilitate broad Licensed distribution of the Contacts On Tap national on-line directory of media contacts by making it easily accessible and affordable, while limiting its use by unlicensed users. That is, we provide a terrific Product at a cost that is low enough to discourage you from misusing our Information or providing it to others who aren't entitled to it. In return, you agree that you will not use or permit the use of the contents of the national on-line directory of media contacts in any way that compromises its integrity or that infringes any copyrights or proprietary interest or that costs us potential revenue; you agree not to give away, disclose, or resell our Information, nor to otherwise infringe our intellectual property rights or those of any third party. You understand that our Information and that of our information providers, partners, advertisers, sponsors, and other persons or entities is proprietary, protected by trade secret law and federal statutory copyright, and that its use is licensed from CornerBarPR. Subscribers must be properly authorized in order to access the national on-line directory of media contacts and agree to use the Product and the Information therein in accordance with the terms of this License Agreement. If you violate these terms, you hereby agree that your actions constitute your prima facie permission for us to sue your ass for our potential loss of revenue and your acknowledgement to the court that, in your opinion, we should win the lawsuit and that you should pay for our lost revenue and our costs of enforcing this provision, including what are likely to be exorbitant attorneys' fees. LICENSE During the term of this Agreement, CornerBarPR grants a non-transferable and non-exclusive License to you to use the national on-line directory of media contacts for your individual use only. Password access is individual-user-specific and is for the agreed License period only. You agree not to sell, copy, duplicate, publish, display, disclose, reproduce, or otherwise transfer, disseminate, distribute, or modify the contents of the Contacts On Tap on-line directory, in whole or in part, or to sublicense or transfer your or our rights, or to transfer password access, or to participate in or otherwise facilitate any arrangement that would provide the contents of the directory or access to the directory to unlicensed users. You agree to use your best efforts to stop any distribution to unlicensed users immediately after you become aware of the possibility of such unauthorized use. However, even with all these prohibitions, you do actually get to USE the Information in the national on-line directory of media contacts for personal or business purposes. Limited portions of the Information contained in the directory may be reproduced in report, label, or computerized form for internal use by you as an individual or in connection with your business, but NOT for resale or distribution to others, including your clients. WARRANTIES The lawyers, who know nothing about readability statistics, tell us that all the following should be in capital letters. Ugh. WE BASE THE INFORMATION IN THE CONTACTS ON TAP NATIONAL ON-LINE DIRECTORY OF MEDIA CONTACTS ON SOURCES WE BELIEVE TO BE RELIABLE. WE WILL TRY TO ASSURE THAT THE INFORMATION IS COMPLETE, TIMELY, ACCURATE, AND AVAILABLE, AND WE THINK WE'RE DOING A GOOD JOB OF THAT. HOWEVER, WE DO NOT AND CANNOT GUARANTEE THE COMPLETENESS, TIMELINESS, ACCURACY, OR AVAILABILITY OF THE INFORMATION, OR THAT IT WILL MEET YOUR REQUIREMENTS. WE SHALL HAVE NO LIABILITY WHATSOEVER TO YOU OR TO ANY OTHER PERSON OR ENTITY ON ACCOUNT OF ANY INCOMPLETENESS, UNTIMELINESS, INACCURACY, OR UNAVAILABILITY OF THE INFORMATION BEING PROVIDED, NOR FOR ANY DELAY IN REPORTING SUCH INFORMATION; WE OFFER THE INFORMATION ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT CLAIM THAT THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE RESULTS YOU MAY OBTAIN FROM THE USE OF THE PRODUCT WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF OUR INFORMATION WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN OUR SOFTWARE WILL BE CORRECTED. CAVEAT EMPTOR. WE RESERVE THE RIGHT AT ANY TIME AND FROM TIME TO TIME TO MODIFY OR DISCONTINUE, OR TO ENHANCE, PORTIONS OF THE PRODUCT, WITH OR WITHOUT NOTICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS LICENSE AGREEMENT. YOU AGREE THAT THERE ARE NO WARRANTIES, GUARANTEES, CONDITIONS, COVENANTS, OR REPRESENTATIONS BY CornerBarPR, OUR INFORMATION PROVIDERS, PARTNERS, ADVERTISERS, SPONSORS, OR OTHER PERSONS OR ENTITIES AS TO MARKETABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER ATTRIBUTES OF THE INFORMATION, WHETHER STATED OR IMPLIED, IN LAW OR IN FACT, IN ORAL OR WRITTEN FORM. YOU ALSO AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE, OR ENHANCEMENT OF ANY PORTION OF THE PRODUCT. If you disagree with these provisions, or if they don't meet your needs, you'd better go to one of our much more expensive "competitors." (You'll find that they have similar provisions.) OWNERSHIP You agree that all Information offered in the Contacts On Tap national on-line directory of media contacts and any intellectual property arising therefrom are the sole and exclusive property of CornerBarPR, our information providers, partners, advertisers, sponsors, or other persons or entities. As we said earlier, the directory is ours, not yours. You shall not contest or challenge this sole ownership in any manner and shall not take any action that reduces, or that has the possibility of reducing, the value of the Product or intellectual property to CornerBarPR, our information providers, partners, advertisers, sponsors, or other persons or entities. You agree to prevent the Information from unauthorized use and disclosure. Have we, perhaps, made that clear by now? NO AGENCY We aren't proposing to marry you and don't want you for our partner. Nothing contained in this Agreement shall be construed as constituting the parties as principal and agent, partners, or joint venturers, or to be in any other fiduciary relationship, nor will anything herein render either party liable for debts or obligations of the other. We won't pay your bills and, except for the Subscription fees detailed herein, we don't expect you to pay ours. We all understand and agree that the only relationship between the parties is that of independent contractors as Licensor and Licensee. LIMITATION OF LIABILITY The "suits" want this in caps, too: WE DON'T EXPECT THE PRODUCT TO BE DEFECTIVE OR TO CAUSE YOU ANY GRIEF. EVEN SO, THE ENTIRE AND EXCLUSIVE LIABILITY FOR BREACH OF THIS LIMITED WARRANTY SHALL BE LIMITED TO REPLACEMENT OF THE DEFECTIVE PRODUCT OR PART THEREOF. NEITHER CornerBarPR, NOR OUR INFORMATION PROVIDERS, PARTNERS, ADVERTISERS, SPONSORS, OR OTHER PERSONS OR ENTITIES WILL BE LIABLE FOR DELAY OR DEFAULT OF OUR OBLIGATIONS UNDER THIS AGREEMENT IF SUCH A DELAY IS CAUSED BY CONDITIONS BEYOND OUR CONTROL, INCLUDING, BUT NOT LIMITED TO, ANY ACT OF GOD -- THOSE CERTAINLY WOULD BE BEYOND OUR CONTROL -- OR FIRE, NATURAL DISASTER, FLOOD, STORM (WE'VE NEVER QUITE UNDERSTOOD WHY THOSE AREN'T ALSO ACTS OF GOD, BUT, THEN, WE'RE NOT LAWYERS, THANK GOODNESS!), ACCIDENT, ACT OF GOVERNMENT, ACTS OF WAR, RIOT, GOVERNMENT INTERFERENCE, SABOTAGE, FAILURE OF SUPPLIERS OR SUBCONTRACTORS, STRIKES, WALKOUTS, OR SCREW-UPS IN THE INTERNET SYSTEM OR BY YOUR OWN STAFF. IN NO EVENT WILL CornerBarPR BE LIABLE TO THE YOU OR TO THIRD PARTIES FOR ANY DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS OR OTHER INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY OF USE OF THE PRODUCT, WHETHER BY YOU, YOUR EMPLOYEES, YOUR TEMPS, OR YOUR INCOMPETENT BROTHER-IN-LAW. YOU AGREE TO HOLD CornerBarPR, OUR INFORMATION PROVIDERS, PARTNERS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, ADVERTISERS, SPONSORS, AND OTHER PERSONS OR ENTITIES, AND THEIR SUCCESSORS AND ASSIGNS, HARMLESS AGAINST ANY CLAIM, DEMAND, DAMAGE, LOSS, LIABILITY, OR EXPENSE (INCLUDING WHAT ARE LIKELY TO BE EXORBITANT ATTORNEYS' FEES -- YOU'D JUST KNOW THEY'D HAVE THEIR HAND IN THE TILL SOMEWHERE), WHETHER YOUR OWN OR THAT OF THIRD PARTIES, ARISING OUT OF YOUR USE OF OUR PRODUCT. Remember, you aren't allowed to let your clients access our directory. You can use it to provide them with professional services, but, if they want direct access to the Information, at these prices, they should get their own Subscription. THIRD PARTIES We may provide links to Internet sites or other resources maintained by our information providers, partners, advertisers, sponsors, or other persons or entities. These third-party links are provided solely as a convenience to you. We have not reviewed, and do not control, these other Internet sites and resources; we do not endorse them or their contents; we are not responsible or liable for the content, products, services, or other information offered in any such linked sites; and we don't make any representations regarding the content or accuracy of materials and information on, or the availability of, such third-party sites. It's hard enough to keep up with our own stuff, much less that of third parties. Your correspondence or business dealings with, or participation in promotions of, information providers, partners, advertisers, sponsors, or other persons or entities found on or through CornerBarPR or Contacts On Tap, 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 third party. You agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred or alleged to be incurred as the result of or in connection with any such dealings or as the result of the presence of such information providers, partners, advertisers, sponsors, or other persons or entities on our Web site. If you get burned, take it like an adult, learn your lesson, and use a little better judgment next time. TERMINATION You agree that we, in our sole discretion, may terminate your password, account, or use of our Information for any reason -- including disagreement with your political views -- but particularly if we believe that you have violated or acted inconsistently with the letter or spirit of this License Agreement. On expiration, cancellation, or termination of the License Agreement, we will take steps to make sure you can't access our proprietary CornerBarPR directory until you have renewed your License by paying the appropriate Subscription fees and, perhaps, begged a little. We may terminate this Agreement if you breach any provision hereunder, provided that we have given you written notice of such breach at the most recent address you have provided and you have not cured such breach within ten (10) days of receiving notice. This is not like curing a ham; it involves money, so it is much more serious. CANCELLATION POLICY We provide our Contacts On Tap Subscribers a 100 percent guarantee of satisfaction. If you are not satisfied with Contacts On Tap, according to the parameters of the Description of Service above, you will receive a refund of the unused portion of your Contacts On Tap subscription within 45 days of our receipt of your written cancellation notice delivered to us by mail or courier. We're not about to say something libelous about the U.S. Postal Service, but, if you're in a hurry, you'd better ? er ? choose your method of delivery carefully. Cancellation will be effective the day we receive the notice. PRIVACY We will maintain your privacy in accordance with the CornerBarPR Privacy Policy. We're pretty right-wing when it comes to maintaining the confidentiality of personally identifiable information; our motto is to keep our patrons all to ourselves. However, we reserve the right to reveal your identity (and whatever other information we know about you) in the event we're served with an enforceable subpoena or court order by somebody big and mean as a result of a complaint or legal action arising from your use of Contacts On Tap, or if we decide on a whim that such information is necessary to protect and defend our rights or property or to enforce our license agreements or policies. SURVIVAL Your rights and obligations, as well as ours and those of our information providers, partners, advertisers, sponsors, and other persons and entities, under the foregoing paragraphs will continue notwithstanding any termination of this Agreement. This includes all provisions regarding warranty, liability and limits thereon, and confidentiality, plus your obligation to send us greeting cards on each federal holiday. LEGAL REMEDIES This License Agreement and the relationship between you and CornerBarPR shall be governed by the laws of the State of Missouri, without regard to its conflict of law provisions, and by a super-secret pact we have with the aliens. If you get really pissed at us, or if we get really pissed at you, we and you agree to submit all actions under or in connection with this License Agreement to the state or federal courts located in Kansas City, Missouri. Our failure to exercise or enforce any right or provision of the License Agreement shall not constitute a waiver of such right or provision. If any provision of the License Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the License Agreement remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the Product or Information must be filed within one (1) year after such claim or cause of action arose or be forever banned, even if you are on vacation in prison or dead or under an IRS audit or something. This document constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all proposals, oral and written, all previous negotiations and representations, and all other communications between the parties -- even the cool watercolor drawings prepared by your third grader -- with respect to the subject matter hereof. These Terms and Conditions shall prevail, notwithstanding any different, conflicting, or additional Terms and Conditions that may appear on any order you submit. You can't just make up your own agreement; that'll net you Guido, again. The section titles in the License Agreement are for convenience only and have no legal or contractual effect; the same is true for the nonsense we included to lighten this dreadful document up a bit. VERSION DATE: 03 Jan 05 |
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