PRIVACY POLICY - JORNALISTAS VIRTUAIS

PRIVACY POLICY

Oddcast recognizes that our customers value their right to privacy and want to be assured that any personal information that they provide to us will be used in accordance with their wishes. Oddcast is committed to ensuring that you are fully informed as to how your personal information will be used and that it will be kept secure.

1. What information do we collect?
2. Purpose for which we use Information
3. Sharing of Information which Third Parties
4. Security
5. Cookies
6. Links
7. Chat Rooms and Newsgroups
8. Children
9. Access, Modification and Accuracy of Information
10. Retention and Storage of Information
11. Change of Privacy Policy
12. Business Transfers
13. Acceptance of Terms
14. Contact Us

1. What information do we collect?

Oddcast may collect personal information from you relating both to your identity and personal preferences. Oddcast will endeavor only to collect such information as is necessary for the stated purpose for which we are collecting the information. For example, if you purchase the Oddcast service, we will require your personal information so that we can send you your login information and obtain payment.

There are a number of different ways that we may collect personal information from you:

Communications from you

You may contact us providing your name and contact details and any other personal information contained in your message.

Customer Support

You may contact us in respect of technical assistance you require in respect of our products or information that you would like to receive relating to our products.

Email/Direct mail campaigns

From time to time we may contact you directly by mail, email or telephone informing you about upgrades, new products, promotions or special offers that you may be interested in.

Newsletters

We may send out newsletters to our customers providing them with articles and information which we believe may be of interest to you.

Registration of Products

Upon registration, you will be asked to provide certain information so that we can record you as an owner of the Oddcast service to help us in providing you with service and information. We require that you provide certain contact information.

Purchases

If you wish to purchase from our SitePalTM Store, we will require sufficient information to complete the purchase including your credit card information and your contact details.

Surveys

From time to time we may conduct surveys in respect of our products and services. Participation is optional.

Aggregate Information

Whenever you enter our website, our web server automatically collects and aggregates information in respect of your visit. This information includes URLs or domains of referring websites, browser type, operating system, the pages that you access and the date and time of your visit. In general this aggregate information will not identify you personally. If we do correlate such information to you, we will treat it in accordance with this policy.

2. Purposes for which we use information

Oddcast may gather personally identifiable information about you, ONLY if you voluntarily choose to provide it yourself (for example: while submitting certain forms in or through the Website, or while registering to the Oddcast Pricing section). If you choose not to provide required information, Oddcast may not be able to comply with your request or provide certain services.

Product Registration

Information you provide upon registration will be used to keep a record of your purchases and will assist in providing assistance if you contact our customer support service. We will also use this information to inform you of any upgrades, new products or promotions that may be of interest to you.

Product Purchases

When you purchase from our SitePalTM Store or directly from our Customer Services department, we will use your information to process payment and send you your login information.

Information in respect of Oddcast Products

It is important for us to receive feedback from our customers and any features they would like to see in future products. We may contact you to ask you about our products and also to inform you of upgrades, technical issues, promotions and new products that you may be interested in.

Internal Analysis

We may use the information you provide us with for our own internal statistical and analytical purposes, to evaluate and profile customers, including customer preferences and purchasing trends, which we may use for marketing purposes and in respect of operations and development.

Updating information

We may contact you to ensure that the information we have in our records is still correct and to add additional information to complete your profile.

3. Sharing of information with third parties

We may use outside vendors to process payment from customers.

Please be aware that this Privacy Policy does not cover the information practices exercised by other provides of products or services, advertisers, other web-sites or any other third-party which may be involved in or linked to Oddcast's business. This privacy statement does not cover the information practices of those Web sites linking information. Your personal information may be subject to different privacy practices exercised by other providers, and Oddcast is not responsible for the privacy practices exercised by any such providers. If you would like more information about this practice and to know your choices about not having this information used by these companies, please visit these providers individually to learn more about how they handle privacy.

Legal Disclaimer

Although we make every effort to preserve user privacy, we may need to disclose personal information when required to do so by law or necessary to comply with a current judicial proceeding, a court order or legal process served on our Website.

4. Security

We use commercially reasonable efforts to ensure that your information is stored and maintained in a secure environment. We have implemented procedures to ensure that your information is only made available to such designated staff as necessary to carry out the stated purposes that we have communicated to you.

SSL Encryption

Order information received by the SitePalTM Store, including credit card information, is encrypted using Secure Sockets Layer (SSL). This ensures that your information is secure as it is sent over the Internet to our server.

5. Cookies

We may make use of "cookies" on our website. A cookie is a small text file that can be placed and stored on your computer's hard disc when you visit a website for record keeping purposes. A cookie itself is not designed or intended to read any information from a user's computer (other than the contents of the cookie); rather, it is an identifier used by the Web site that originally placed it on your hard drive. The actual contents of the cookie information can be retrieved by the same server to identify the computer and subsequently to customize, monitor, or regulate the use of a site based on information stored on the host server. Therefore, cookies only identify the user's computer to the Web site which may correlate other information, including personally identifying information, with the cookie.

We use cookies to allow us to automate access and the data entry functions of our website such as to correlate online ordering information for purchases you may make while at the website (if any), tailor our website to your preferences or interests, or customize promotions or marketing. In addition, cookies allow us to track use of our website to determine those areas which are useful or popular and those that are not thereby enabling us to improve and update our website effectively.

Banners served from the Oddcast site do not drop cookies for re-targeting or tracking purposes.

Most web browsers can either alert you to the use of cookies or refuse to accept cookies entirely. If you are not sure how to do this or whether you have this option you should consult the documentation that accompanied your web browser. You should be aware that if you elect not to accept cookies, some parts of the website may not function properly or permit access.

6. Links

We may offer links from our website to other websites which may be hosted by our partners or by unrelated companies which we think may be of interest to you. Such websites are not governed by this privacy policy and Oddcast makes no representation as to their practices for dealing with your personal information. We recommend that you check the privacy policy of any website at the beginning of your visit.

7. Chat rooms and newsgroups

Oddcast's website may have chat rooms, newsgroups, or other forums which permit individuals to interact online. Any information you transmit online in such forums will be made public and Oddcast cannot control nor is it responsible for the use any third parties may make of such information.

8. Children

This site is a general audience site which is neither designed nor intended to collect personal information from children who are under the age of 13. In order to ensure compliance with the provisions of the Children's Online Privacy Protection Act children under the age of 13 should not provide any personal information to this site. We ask that parents supervise their children while online.

9. Access, modification and accuracy of information

We take reasonable steps to ensure that the information that we receive from you is accurate and kept up to date. You have the right to access your information to verify the information that we have collected in respect of you. You also have the right to request that your information be modified or deleted, including any changes to any consents that you may have given in respect of us contacting you relating to information that you receive from us. You may also ask at any time that your preferences as to the type of communications that you receive from us are modified in order to stop receiving them or to be added to our mailing list. We will endeavor to deal with all such requests for access and modifications in a timely manner. We will not be able to comply with requests in respect of information that we may have archived as part our business operations.

10. Retention and storage of information

We will retain your information for a reasonable time to permit us to use it for the purposes that we have communicated to you.

We may use the services of third party companies to physically collect and store your information on our behalf. Any such companies will have to comply with the terms of this policy.

11. Changes to Privacy Policy

We may change the terms of this privacy policy from time to time in order to reflect our practices and provide greater protection for your information. Any change to this policy will be clearly displayed on this website. Any changes to this policy will not have retrospective effect. Information collected by us will be dealt within accordance with the provisions of our policy which were in effect at the time of collection.

12. Business transfers

The information that is collected by Oddcast is considered to be an asset. In the event that Oddcast, any affiliated company, division or portions of its assets are acquired by another company, such information may be one of the transferred assets. We will take reasonable steps to place a notification of such a transfer on our website.

13. Acceptance of terms

By using our services, accessing our website or purchasing our products you are consenting to the practices relating to information collection and use that are described in this policy.

14. Contact us

Any requests for access to your information, modification of your information or questions in respect of this policy should be sent to the following email addressprivacy@oddcast.com.

® 2012 ODDCAST INC. ALL RIGHTS RESERVED. 

TERMS OF USE - JORNALISTAS VIRTUAIS Oddcast License

TERMS OF USE

IMPORTANT-READ CAREFULLY:

The websites and Product(s) (as defined below) provided to you by Oddcast, Inc. (hereafter "Oddcast") are subject to these TERMS OF USE ("Terms"). IF YOU DO NOT AGREE TO BE BOUND BY ANY AND ALL OF THESE TERMS, PLEASE DO NOT ACCESS, USE ANY OF THE ODDCAST PRODUCTS OR BROWSE THROUGH THIS WEBSITE. Please note that Oddcast reserves the right, at its sole discretion, to revise, modify or change or remove portions or all of these Terms, at any time.

"Product" means the object code of the software program and the interface environment made available to the Oddcast users and their end users, if relevant) pursuant to these Terms for use via the World Wide Web and all Intellectual Property pertaining thereof, including, the Oddcast models, the servers, infrastructure, computer programs, software products (including any third party software products), databases, files and data either used to operate the Product or incorporated therein, the system and processes, the documentation, modifications and enhancements.

"Intellectual Property" means all the following: (a) copyrights, including moral rights, registrations and applications for registration thereof; (b) computer software programs, data and documentation; (c) patents, patent applications and all related continuations, divisional, reissue, utility models, design patents, applications and registrations thereof, certificates of inventions; (d) trade secrets and confidential information, know-how, manufacturing , system process and techniques, designs, prototypes, enhancements, improvements, work-in progress, research and development information; (e) other proprietary rights relating to the foregoing.

LICENSE AND OTHER SERVICES.

By using our Product(s), Oddcast hereby grants to you, for the term of each specific term granted, a non-exclusive, non-sublicensable worldwide license to access and use the Product in accordance with its intended use written instructions and specifications ("Oddcast License"). The Oddcast License shall commence upon access to the Product and shall continue for the period agreed upon, unless terminated earlier in the event of a material breach of the Oddcast License and/or these Terms.

Unless specified otherwise, you may utilize the Product solely on a single unified resource locator address ("URLs"). However, in the event more than one license has been acquired by you, multiple URLs are permitted up to the number of licenses granted to you. Text To Speech audio playback, available as an option within the Product may be played back only within the Product and its derivative works and may not be independently manipulated or copied. The SitePal Product purchased online supports up to 5 concurrent end users at any given time.

Technical support is provided to you by Oddcast via email during regular business hours (i.e. 9am-6.00pm, EST) by sending your technical inquires to support@oddcast.com. Oddcast shall respond to via email to your support request within a reasonable time-period.

OWNERSHIP OF INTELLECTUAL PROPERTY AND RESTRICTIONS.

Oddcast owns and shall retain all rights, including Intellectual Property, in and to the Product, including any new version releases, updates, enhancements, modifications or improvements made thereto. In addition, the Product(s) may incorporate third party Intellectual Property provided to you as part of the Product.

Oddcast®, SitePal®, Avatar Studio™, Voki® and other names, logos are icons identifying Oddcast and its products are trademarks of Oddcast. Except as expressly set forth herein, no right, license, or interest to such trademarks are generated or granted hereunder. You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to, contained or included in, the Product and any material provided by Oddcast. You shall cooperate fully with Oddcast in protecting Oddcast's rights in the Product. Without limiting the foregoing, you agree to notify Oddcast promptly in the event that you become aware of any infringement of such rights.

Other than the rights expressly licensed hereunder to you, no other rights or interest whatsoever in the Product are granted. Without limiting the foregoing, you may not: (i) use the Product not in conformity with Oddcast's written instructions and specifications; (ii) reverse engineer or decompile, modify or revise the Product or any part thereof, or create derivative works thereof; (iii) provide or share the username and/or passwords assigned to you with any third party; (iv) use the Product to perform any illegal transfer of information (e.g. transfer of files in violation of a copyright) or to perform any other action that may otherwise infringe upon third party rights; (v) use the Product for any unlawful purpose (including, without limitations copyright infringement) or (vi) sell, rent, lease, sublicense or otherwise transfer your rights under this Agreement.

You own all of the content and information of any kind that you post, upload, export, email or otherwise transmit via the Product (the "Content"). You further represent that you have all rights to distribute such Content, agree to do so solely for lawful purposes and recognize that you shall be solely responsible for such Content. You expressly agree that you will not post any Content that: (1) is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringes on the copyright or any other proprietary right of any third-party; (3) would invade the privacy of any other person; (4) contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; or (5) otherwise inappropriate or unlawful.

You also expressly agree that you will not: (a) after receiving warning, continue to post Content which we have advised you not to post; (b) attempt to gain unauthorized access to restricted areas of the Web Site, other accounts, computer systems or networks connected to the Web Site, through password mining or any other means; (c) create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (d) post, generate or disseminate so-called "spam" or mass-mailings; (e) harvest or otherwise collect information about others, including email addresses, without their consent.

By using the Product, you understand, agree and authorize Oddcast to use screenshots of your implementation of the Product as it appears on your website in any way deemed necessary in order to show how the Product is being implemented by users, and for that purpose alone.

RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS, REMOVE CONTENT

Oddcast reserves the right to limit or revoke your access to this Web Site, or any area thereunder, in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms.

Oddcast claims no ownership or control over user Content, and is not and shall not be responsible for, screening or monitoring material posted by you or any other person or entity. Oddcast reserves the right to remove material, which is abusive, illegal, disruptive, or that otherwise fails to conform to this Agreement. Oddcast reserve the right to edit or delete any material posted on our Web Site, regardless of whether such material violates these standards for content.

WE FURTHER DO NOT REPRESENT, WARRANT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY OF THE CONTENT TRANSMITTED BY OUR USERS.

COPYRIGHT INFRINGEMENT POLICY.

Oddcast is committed to protecting the rights of copyright rightholders and seek to comply with all applicable laws and regulations regarding the protection of intellectual property. Unauthorized copying, distribution, modification, public display or public performance of copyrighted works is a copyright infringement, and Oddcast will undertake appropriate steps against copyright repeat offenders. Oddcast will process any notices of alleged copyright infringement and will take appropriate actions under the U.S. Digital Millennium Copyright Act (the "DMCA"). Upon receipt of notices complying with the DMCA, Oddcast will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Notices of claimed infringement should be directed to the Designated Agent by mailing all required documentation to: Oddcast, Inc., 134 W. 37th Street, 7th floor, New York, NY 10018, ATTN.: COPYRIGHT INFRINGEMENT DESIGNATED AGENT.

NO WARRANTY.

YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT, THE WEB-SITE AND OTHER MATERIALS PROVIDED TO CLIENT UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" BASIS. ODDCAST DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE PRODUCT AND OTHER MATERIALS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

LIABILITIES AND INDEMNITIES

You shall indemnify and save harmless Oddcast and its directors, officers, employees, representatives and agents ("Related Parties") against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys' fees) ("Damages") asserted against, imposed upon or incurred by Oddcast and/or any of its Related Parties resulting from or arising out of the use of any Content, including, without limitations, infringement of third party's rights by such use or by such Content.

IN NO EVENT SHALL ODDCAST BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, WORK STOPPAGE, SAVINGS, OR REVENUES OF ANY KIND, OR FOR LOST DATA, DAMAGE TO OTHER SOFTWARE, COMPUTER FAILURE OR MALFUNCTION OR DOWNTIME, REGARDLESS OF WHETHER THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE CUMULATIVE LIABILITY OF ODDCAST FOR ALL CLAIMS RELATING TO THE PRODUCT OR THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY THE USER CLAIMING THE LOSS.

PRESS RELATIONS.

You shall publicly credit Oddcast as creator of the Product by stating in press materials related thereto that the Product is licensed from Oddcast. Users shall also submit to Oddcast all press releases and formal press materials mentioning the Product for prior review and written approval.

PRIVACY

Unless otherwise explicitly stated herein or in the Privacy Policy, any non-personal information or material sent to Oddcast will be deemed NOT to be confidential. By sending Oddcast any non-personal information or material, you grant Oddcast an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Oddcast is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first notify you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

To learn more about how Oddcast protects your personal information, such as your name and address, please refer to the Oddcast Online Privacy Statement.

MISCELLANEOUS.

(a) These Terms constitutes the entire agreement between the parties concerning the subject matter hereof; (b) These Terms shall be governed by the laws of the State of New-York, without giving effect to any principles of conflicts of laws thereof, and the eligible courts of New-York, New-York, shall have exclusive jurisdiction over all disputes between the parties;

® 2012 ODDCAST INC. ALL RIGHTS RESERVED.