Legal & Privacy
1. Changes to Subscriber Agreement.
We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the Service that the terms have been "updated"). The changes also will appear in this document, which you can access at any time by going to the Help section of a Service. You signify that you agree to be bound by such changes by using a Service after changes are made to this Agreement.
2. Privacy and Your Account.
3. Fees and Payments.
a. You agree to pay the subscription fees and any other charges incurred in connection with your user name and password for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. We will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription or any renewal. Unless we state in writing otherwise, all fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed a Service using your user name and password without your authorization, you must follow the procedures outlined in the Help section of the Service. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service. Customer will pay PRIVCO in accordance with the Order. Prices and product descriptions are those set forth in the Order. A late payment charge of the lesser of 1 % per month or the highest lawful rate may be applied to any outstanding balances until paid. Customer agrees to pay PrivCo all costs of collection for unpaid balances, including PrivCo's reasonable Attorney's fees.
b. Taxes: Customer will pay any applicable taxes relating to this Agreement, including sales tax where required.
4. Purchase Terms:
ALL SALES ARE FINAL. Subscription Renewal & Cancellation. Your online Premium Subscription will renew automatically, unless we terminate it in writing by providing notice to you, or terminate future renewal periods if you notify us in writing by e-mail of your decision to terminate your Subscription at the end of that Subscription Term. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. In the event you wish to prevent an auto renewal, please send an email to firstname.lastname@example.org any time prior to the end of the current Subscription Term and start of the next Subscription Term, stating in writing your desire to terminate your Subscription at the end of the current term. Written Subscription agreements may have longer notice of cancellation periods, such as 30 days. All subscriptions are for the full term reflected on the signed Order agreement and are non-cancelable prior to the end of the term. Ending of future recurring periods also means you lose any past lower rates and would have to re-subscribe in the future should you choose to at the then current subscription rate.
Each company has differing levels of details depending on the company. Sample reports are for illustration only and does not represent the number of data points available on every company, which varies. Every company is unique, has longer or shorter history, has certain transactions (mergers or venture funding) while others do not. PrivCo strives to be as thorough as possible given the subject company's transaction and other history.
5. Copyright and Limitations on Use.
a. Term and Number of Licenses: Each license is for a term of either six (6) months, twelve (12) months, or twenty four (24) months beginning on the effective date of the Order, unless another term is specified in the Order or online Order Form (Order). The Service is available only for the number of users or benefiting audience members identified and described in the Order ("Authorized Users") and may not be shared with other persons or entities. An Authorized User is authorized by Customer to access the Services during the term of this Agreement and according to the terms of the Order, either online via privco.com or after the Information has been downloaded in accordance with the terms of this Agreement. PrivCo reserves the right to deny access to any and all users in excess of the number of Authorized Users specified in the Order. Only one individual may access a Service at the same time using the same user name or password, unless you purchase a Multi-User License, Account or Subscription as clearly indicated on the Order.
b. Prohibition Against Sharing: The text, graphics, images, video, metadata, data, design, organization, compilation, advertising and all other protectable intellectual property (the "Content") available through the Services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have our written consent, you may not sell, publish, distribute, retransmit or otherwise provide access to the Content received through the Services to anyone, including, if applicable, your fellow employees or students, with the exception of occasionally using the Sharing features on specific articles on the site to email or share with no more than a few persons at a time or post on a social networking site or blog with proper attribution and link back to privco.com.
c. You agree not to rearrange or modify the Content. You agree not to create abstracts from, scrape or display our content for use on another web site or service (other than headlines from our RSS Feed with active links back to the full article on the Service). You agree not to post any content removed, cut or pulled from the Services (other than headlines from our RSS Feed with active links back to the full article on the Service) to weblogs, newsgroups, mail lists or electronic bulletin boards, without our written consent, though you may post links to our articles and web pages.
d. You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
e. If applicable, upon expiration or termination of a License with respect to particular Information, Customer will immediately delete or destroy all originals and copies of the Information, as applicable, and upon request, provide PRIVCO with certification thereof.
f. Upon reasonable notice and during regular business hours, Customer will permit PRIVCO to inspect the locations at, or computer systems on which, Information is used, stored or transmitted so that PRIVCO can verify Customer's compliance with this Agreement. PRIVCO reserves the right to monitor Customer's use of the Service to ensure compliance with this Agreement and prevent fraudulent use. Such monitoring of use may include but will not be limited to determining whether or not the Service is accessed under the account from multiple computers, as well as noting downloads beyond the limit of the total number of records as may be set forth in the applicable Order or a disproportionate number of users. PRIVCO reserves the right to limit access to the Services to (i) viewing or printing using a third party web browser print function, and (ii) downloading a maximum number of records per search. In addition, Authorized Users shall be bound by any access and download limitations per search session that are internal to a Service. All download limitations will be enforced at PrivCo discretion. Customer may not make available a user name and password to a party that is not an Authorized User. Systematic access or extraction of content from the Service, including, but not limited to, the use of "bots" or "spiders," is prohibited. If such monitoring indicates you are not in compliance with this Agreement or if fraudulent activity is suspected, PRIVCO reserves the right to take such action as it deems necessary, including, but not limited to, suspension or termination of the account. PrivCo also reserves the right to bill and collect, and customer to pay, additional subscription fee for the higher level of actual use by Customer.
g. Customer shall implement and maintain security measures with respect to the Information in Customer's possession that effectively restrict access to Information only to Authorized Users with a need to know, and protect Information from unauthorized use, alteration, access, publication and distribution. In no event shall such security measures be less restrictive than those Customer employs to safeguard its most confidential information. Customer shall supply PRIVCO with a description of such security measures at PRIVCO request. In the event of an actual or suspected breach of such security measures, Customer shall notify PRIVCO within 24 hours.
h. All PrivCo accounts have caps on usage, including on number of company profile views, PDF or excel downloads, and other usage caps. Unless explicitly stated otherwise in a written Agreement between Customer and PrivCo, these caps may be modified or reduced at any time by PrivCo at its sole discretion, with or without notice to Customer. Online Single-User Subscription have the following usage monthly caps (re-set every 30 days): 50 Company Profile Views, 25 export rows, 25 PDF Report Downloads, and one (1) Authorized Users. (You agree that if you share your login information or otherwise than allow more than 1 user to access your Online Single User Premium Subscription account, you agree to be charged an additional fee of $399 per month to your credit card on file per additional User and/or I.P. address accessing your account.) Enterprise Accounts' usage caps and number of authorized users vary based on account level and client type.
6. Other Proprietary Rights
a. Information is proprietary work of PRIVCO and its affiliates and comprises: (i) works of original authorship, including compiled Information containing PRIVCO or its affiliates' selection, arrangement and coordination and expression of such Information or pre-existing material it has created, gathered or assembled; (ii) trade secret and other confidential information, including information that derives value or potential value from not being readily known or available; and (iii) information that has been created, developed and maintained by PRIVCO or its affiliates at great expense, such that misappropriation or unauthorized use by others for commercial gain would unfairly and/or irreparably harm PRIVCO and its affiliates or reduce PRIVCO or its affiliates' incentive to create, develop and maintain such information. Customer will not commit or permit any act or omission that would contest or impair PRIVCO or any affiliate's proprietary and intellectual property rights in Information or that would cause the Information to infringe the proprietary or intellectual property rights of a third party. Customer will reproduce PRIVCO or its affiliate's copyright and proprietary rights legend on all copies of Information.
b. Customer shall not disclose the negotiated pricing or terms of this Agreement, or any order, to any third party.
c. PRIVCO Private Company Tickers: PRIVCO Private Company Tickers are proprietary to and controlled by PrivCo. PrivCo grants Customer a non-exclusive, perpetual, limited license to use PrivCo Private Company Ticker symbols solely for identification purposes and only for Customer's internal business use. Where practicable, Customer will refer to the symbol as a "PrivCo Private Company Ticker Symbol" and state that PrivCo Private Company Ticker is a trademark of PrivCo Media.
Registered Users consent to receive PrivCo s newsletters, including default selections for the primary national PrivCo newsletter as well as the state/local and industry newsletter(s) for your indicated location and industry upon registration. You may change, add, or delete your newsletter settings at any time by logging into your PrivCo account.
8. Community; User Generated Content.
a. User Name. We require you to register to have access to our community area. We require that you use your own first and last name as your user name for community. With certain exceptions, when you register, we will prefill your user name with your own name. It is your responsibility to choose your password wisely. If you have concerns or believe that someone is using your password without your authority, please contact Customer Service. We reserve the right to disclose any information about you, including registration data, in order to comply with any applicable laws and/or requests under legal process, to operate our systems properly, to protect our property or rights, and to safeguard the interests of others.
b. User Generated Content.
i. User Content. We offer you the opportunity to comment on and engage in discussions regarding articles, companies and various topics including submitting surveys or questionnaires. Any content, graphics, audio, images, and links you submit as part of creating your profile or in connection with any of the foregoing activities is referred to as "User Content" in this Agreement and is subject to various terms and conditions as set forth below.
ii. Cautions Regarding Other Users and User Content. You understand and agree that User Content includes information, views, opinions, and recommendations of many individuals and organizations and is designed to help you gather the information you need to help you make your own decisions. You are responsible for your own investment decisions and for properly analyzing and verifying any information you intend to rely upon. We do not endorse any recommendation or opinion made by any user. We do not routinely screen, edit, or review User Content. However, we reserve the right to monitor or remove any User Content from the Services at any time without notice. You should also be aware that other users may use our Services for personal gain. As a result, please approach messages with appropriate skepticism. User Content may be misleading, deceptive, or in error.
iii. Grant of Rights and Representations by You. If you upload, post or submit any User Content on a Service, you represent to us that you have all the necessary legal rights to upload, post or submit such User Content and it will not violate any law or the rights of any person. You agree that upon uploading, posting or submitting information on the Services, you grant PrivCo, and our respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform, display, reproduce, and create derivative works from your User Content in any and all media, in any manner, in whole or part, without any duty to compensate you. You also grant us the right to authorize the use of User Content, or any portion thereof, by users and other users in accordance with the terms and conditions of this Agreement, including the rights to feature your User Content specifically on the Services and to allow other users or users to request access to your User Content, such as for example through an RSS Feed.
iv. We may also remove any User Content for any reason and without notice to you. This includes all materials related to your use of the Services or membership, including email accounts, postings, profiles or other personalized information you have created while on the Services.
v. Rules of Conduct. All users must comply with the Community Rules when published and comply with any revisions and updates to the Community Rules. [As of March 2013 PrivCo does not have any User Content areas and so no Community Rules have been published.) vi. Editing and Deletions. Service Provider reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the Website or its bulletin boards, or in its other User-Generated Content forms or fields.
vii. Copyright/IP Policy. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For more information about our policy, please see our Copyright Complaints below.
9. Third Party Web Sites, Services and Software.
We may link to, co-brand with a PrivCo logo or frame, or promote, web sites or services from other companies or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, services and software.
10. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY.
YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GIVE TAX OR INVESTMENT ADVICE OR ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. YOU SHOULD ALWAYS SEEK THE ASSISTANCE OF A PROFESSIONAL FOR TAX AND INVESTMENT ADVICE. PRIVCO AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS ("THE PRIVCO PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE PRIVCO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE PRIVCO PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
a. In the event of material breach of the terms in above paragraphs, PRIVCO may suspend or terminate Services under, the applicable Orders without prior notice.
b. The provisions set forth in paragraphs 2, 3, 5, 6, 7.2, 8 and 9 will survive the termination of this Agreement.
This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or change the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of New York, United States of America applicable to contracts made entirely within New York and wholly performed in New York, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in New York. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Customer agrees to be subject to the personal jurisdiction of the courts located in New York County, New York, and waives service of process requirements such that service of process may be made out of state by Certified Mail or U.S. Mail. Customer will pay all costs and expenses, including reasonable attorneys' fees, that PRIVCO incurs in any action to enforce Customer's obligations under this Agreement.
A. Service Provider respects the intellectual property of others, and we ask our users to do the same. Service Provider may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.
B. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Service Provider by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
(i) A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Service Provider to locate the material;
(iv) Information reasonably sufficient to permit Service Provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Copyright Agent: H.S. Hamadeh, Esq., 134 W 26th Street, Floor 4, New York, NY 10001, Fax: (212) 645-1686 Email: email@example.com
Note: Only copyright complaints should be sent to agent. No other communications will be accepted or responded to.
© Copyright 2011 PrivCo Media. All rights reserved.
Effective as of December 25, 2010.
INFORMATION THAT WE COLLECT:
When you subscribe to our products or services, we collect PII and Related Information from you. We also may collect PII and Related Information from you when you contact us about your subscriptions or participate in activities like: our resume database; job searches; forums; message boards; chats; submitting a letter to the editor; creating a community profile; rating, tagging and commenting on articles; or surveys, sweepstakes, contests, or games. When you visit our web sites, we automatically collect non PII such as IP addresses and web site usage information from you.
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 web 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 include web beacons and cookies in our e-mail messages, including newsletters, in order to count how many e-mail messages have been opened.
When you view an ad for our publications on other sites, our third-party advertising company may place or recognize a unique cookie on your browser. We and our advertising company may also use web beacons (invisible images often referred to as pixel tags or clear GIFs) to note which pages you visit after viewing our ads. The information that is collected through the use of these images is not personally identifiable and is used only to track response to our advertising efforts.
3. Third Party Ad Servers
Some of the advertisements and other services that appear on our web site(s) are delivered to you by Internet advertising companies. These companies utilize certain technologies including cookies to deliver advertisements and marketing messages and to collect anonymous information about your visit to our sites and other web sites. If you would like more information about this practice or to opt out of having this information used by companies that are part of the Network Advertising Initiative to provide targeted ads, please visit http://www.networkadvertising.org/optout_nonppii.asp
USE: HERE'S HOW WE USE PII
Generally. We may use information in the following ways:
- For the purposes for which you specifically provided it including, without limitation, to enable us to process and fulfill your subscription or other requests.
- To send you information about your relationship or transactions with us.
- To notify you about our products, services, and special offers.
- To otherwise contact you with information that we believe will be of interest to you.
- To enhance or develop features, products and services.
- To provide advertisers and other third parties with aggregate information about our subscribers, web site user base and usage patterns.
- To allow us to personalize the content and advertising that you and others see on our web sites.
- To allow other select companies to send you promotional materials about their products and services (that is, unless you've told us not to do so (see Choice below).
Information about your activities on our sites and other non-personally identifiable information about you may be used to limit the online ads you encounter to those we believe are consistent with your interests.
We may combine the information that we collect from you with information that you provide to us in connection with your use of other PrivCo products, services and web sites, or information we collect from third parties.
Sharing your Information
Except as set forth herein, or if we inform you otherwise at the time of data collection, we will not share your PII or Related Data outside of PrivCo.
Affiliates: We may share your PII with companies that are affiliated with us, that is, are part of the News America Group of companies.
Service Providers: We may use other companies to perform services including, without limitation, facilitating some aspects of our web sites, sending e-mail, fulfilling purchase requests, delivering subscriptions, serving, customizing or delivering marketing or ads, and auditing. These other companies may be supplied with or have access to your PII and Related Data solely for the purpose of providing these services to us or on our behalf.
Special Circumstances: There may be instances when we may disclose PII or Related Data without providing you with a choice in order to protect the legal rights of PrivCo, other companies within the News America Group or their employees, agents and contractors; to protect the safety and security of visitors to our web sites; to protect against fraud or for risk management purposes; or to comply with the law or legal process. In addition, if PrivCo sells all or part of its business or makes a sale or transfer of assets or is otherwise involved in a merger or business transfer, we may transfer your PII to a third party as part of that transaction.
Library, Corporate or other Multi-User Subscriptions, Third-Party, and Student Subscriptions: If your subscription is provided in whole or in part by your employer, your university, your library, or other third party, we may notify the provider when you access or use your subscription. When providing these notices, we may reveal limited amounts of your personally identifiable information such as your name or email address.
Third Party Promotional Offers: If you subscribe to our print publications, we may share your contact information with other companies whose products and services may be of interest to you. While many of our subscribers appreciate receiving offerings from these companies, if you prefer that we do not share your information for this purpose, please indicate that on your initial member registration or later on your Membership homepage.
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.
Non PII. Anonymous click stream, number of page views calculated by pixel tags, and aggregated demographic information may also be shared with our advertisers and business partners.
Client List and Promotional Materials: Unless otherwise agreed to in writing in an Agreement between Customer and PrivCo, a paying corporate or institutional customer of PrivCo grants permission to use such customer's corporate or institutional name and logo on PrivCo's published client list. Customer may request removal from PrivCo's client list in writing, in which case PrivCo will remove Customer name from its online & digital client list within 30 days of receipt of Customer's request, and in printed materials promptly upon the next re-printing of its printed sales and promotion materials.
SECURITY: WE PROTECT THE SECURITY OF PII
We use commercially reasonable administrative, technical, personnel and physical measures to safeguard PII and Related Data in our possession against loss, theft and unauthorized use, disclosure or modification.
We retain your information for as long as necessary to permit us to use it for the purposes that we have communicated to you and comply with applicable law or regulations.
TRANSFER TO US OR OTHER COUNTRIES
Your information may be stored and processed in the United States or any other country where PrivCo has facilities, and by subscribing to and/or using our publications, you consent to the transfer of information outside of your country.
PrivCo Media LLC
134 W 26th Street, Floor 4
New York NY 10001
COPYRIGHT 2011 PRIVCO MEDIA LLC. All Rights Reserved.