WEBSITE PRIVACY POLICY

Mashup Media, Inc. ("MASHUP") makes reasonable efforts to protect the privacy of your personal information. This privacy policy was created to demonstrate our commitment to fair information practices. This policy covers MASHUP's use of personal information that MASHUP collects when you use the website at www.mashup.com (the "Site"). MASHUP complies with the U.S.-EU Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. MASHUP has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view our certification page, please visit: http://www.export.gov/safeharbor. MASHUP periodically conducts objective reviews of its privacy policy and procedures to ensure continued compliance with the Safe Harbor Privacy Principles.

• 1. Types of Information Collected

• • Personal Information Collected. There may be areas on our Site where you can share your name, company name, postal address, e-mail address, phone number, and zip code ("Personal Information") with us and where you can communicate with others. Our Site may also provide you with the option to sign-up and receive electronic communications from us, where we ask for certain Personal Information. If you communicate with us by e-mail or complete online forms, we may require Personal Information that personally identifies you. MASHUP may also request your e-mail address or mailing address for the purposes of having someone contact you for additional information, or in response to your request for information from us.
  • Information from Children. MASHUP does not knowingly solicit or collect information from anyone under 18 years of age. The use of this Site by anyone under 18 years of age is prohibited. We ask that anyone under 18 years of age not submit information to us. However, when we e-mail information to you, we will provide prominently displayed instructions that show you how to unsubscribe from receiving such information. If your child subscribes to receive information from MASHUP without your knowledge, simply follow the instructions on our e-mail and unsubscribe immediately. Parents can also contact our customer service department to access, change, or delete the Personal Information that has been submitted by a child.
  • Cookies and Tracers. MASHUP may collect information about you and your use of our Site whenever you visit this Site. For instance, we may collect various forms of information such as entry and exit points for our Site (i.e., referring URLs or domain names), site traffic statistics, operating system and browser type (collectively "Traffic Data"). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Site. In addition, when you request pages on our Site, our servers automatically log your IP address. An IP address is a number that is automatically assigned to your computer whenever you are surfing the Web. MASHUP may store some information on your computer in the form of a "cookie" or similar file to help us maintain and improve this Site in many ways. A "cookie" is a small amount of data that is transferred to your browser by a web server and can only be read by the server that gave it to you. It functions as your identification card, recording such things as Internet addresses, passwords, and preferences. It cannot be executed as code or deliver viruses. With most Internet browsers, you can erase "cookies" from your computer hard drive, block all "cookies," or receive a warning before a "cookie" is stored. The "Help" portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please refer to your browser instructions to learn more about these functions. Enabling cookies allows you to take full advantage of all the features on the Site and we recommend that you leave them turned on. If you elect to block the cookies, we will not be able to provide you with a personalized experience on our Site. In some instances, MASHUP may use tracking scripts or "tracers" that recognize a unique identifier from a cookie placed on your hard drive by another website. These are used by MASHUP solely to gauge the success of our own advertising. For instance, MASHUP may use a tracer to determine whether you visit certain Web pages where MASHUP may have placed a banner ad. MASHUP does not use tracers to gather information on your use of the Internet unrelated to MASHUP. Please note that MASHUP does not use tracers to identify your personal information, and you remain anonymous unless and until you communicate with MASHUP via e-mail or complete on-line forms. BY ACCESSING OR USING THE SITE OR BY CLICKING "I ACCEPT" WHEN SIGNING UP FOR A USER ACCOUNT AT THE SITE, YOU CONSENT TO MASHUP'S USE OF COOKIES ON YOUR COMPUTER HARD DRIVE.

• 2. Use of Information Collected

• MASHUP will use the Personal Information directly submitted by you for the purpose that you have provided it. MASHUP may also use the information you provide to us to contact you for reasons related to your original communication to us. MASHUP may use your Personal Information to customize your experience on the Site and display content that we think you might be interested in according to your preferences. Your e-mail address is not used for any other purpose except to the extent necessary to follow-up on specific questions requiring information from MASHUP. Visitors who give us their telephone numbers online will only receive telephone contact from us for reasons related to the visitor's original communication or request. MASHUP may use non-identifying and aggregate information to better design the Site.

• 3. Sharing of Personal Information

• MASHUP will not sell, rent, share, monitor, edit, or disclose any Personal Information about you, including its contents or your use of the Site, without your prior consent. From time to time, MASHUP may engage other companies and individuals to perform functions such as conducting contests, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), and providing customer service. Such companies shall only use your Personal Information for those purposes required to perform their functions. However, You will the have the opportunity choose not to have your Personal Information shared with these third-parties. MASHUP may share your Personal Information, without your prior consent, for the limited purposes noted below:
• • Business Transfers. As MASHUP continues to develop its business, we might sell or buy subsidiaries or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the obligations made in any pre-existing privacy policy.
  • Legal Obligations. MASHUP may share your Personal Information if we have a good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend the rights or property of MASHUP; (iii) enforce this Privacy Policy or the Website Terms and Conditions of Access and Use Agreement; (iv) protect the interests of other users of the Site or any other person; or (v) operate or conduct maintenance and repair of the Site or equipment.

• 4. Protection of Personal Information

• To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, MASHUP has put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the Personal Information MASHUP collects.

• 5. Privacy Complaints by European Union Citizens

• In compliance with the Safe Harbor Principles, MASHUP commits to resolve complaints about your privacy and our collection or use of your personal information. European Union citizens with inquiries or complaints regarding this privacy policy should first contact MASHUP at:
  
  [Alex - Add name and address of your company]
  
  MASHUP has further committed to refer unresolved privacy complaints under the Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by MASHUP, you may contact the BBB EU SAFE HARBOR program at the address below:
  Council of Better Business Bureaus, Inc.
  BBB EU SAFE HARBOR
  4200 Wilson Boulevard, Suite 800
  Arlington, VA 22203
  Phone: 703-276-0100
  Web: www.bbb.org/us/safe-harbor-complaints

• 6. Other Limits to Your Privacy

• The Site may contain links to other non-MASHUP websites. MASHUP is not responsible for the privacy practices or the content of such websites. MASHUP has no control over the use of such websites and you should exercise caution when deciding to disclose any Personal Information on these websites.

• 7. User Choice Regarding Collection, Use, and Distribution of Personal Information

• You may choose not to provide MASHUP with any Personal Information. In such an event, you will be only able to access of the homepage of the Site. If you do not wish to receive information and promotional material from us, you may select the appropriate "opt-out" option each time we ask you for Personal Information.

• 8. How You Can Access Or Correct Your Information

• If you have provided your Personal Information and your Personal Information changes (such as your address or telephone) or you want to delete your account, you can access and update any Personal Information that you provided to us or delete your account by clicking on the "My Account" tab at the Site. MASHUP uses this procedure to better safeguard your information. To protect your privacy and security, MASHUP may also take reasonable steps to verify your identity before granting access or making corrections.

• 9. Updates and Changes to Privacy Policy

• MASHUP reserves the right, at any time, to add to, change, update or modify this Privacy Policy, by posting such change, update or modification on the Site. Any such change, update or modification will be effective immediately upon posting on the Site and notice of the change will be sent to you. Updates and changes to the Website Terms and Conditions of Use Agreement and the Privacy Policy will continue to govern your use of the Site even if you elect not to receive notice of such changes.

• 10. How to Contact Us

• Should you have other questions or concerns about our Privacy Policy, please send MASHUP an e-mail to infos@pickorskip.net.

WEBSITE TERMS AND CONDITIONS OF ACCESS AND USE

Welcome to www.mashup.com. This website (the "Site") is owned by Mashup Media, Inc. ("MASHUP"). It is provided as a convenience and for information purposes only. This Terms and Conditions of Use Agreement (the "Agreement") describes the terms and conditions and the general principles applicable to your access and use of the Site.

By accessing or using the Site or by clicking "I Accept" when signing up for a user account at the Site, you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions of this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference. MASHUP reserves the right to change or modify any of the terms and conditions contained in this Agreement, the Site, any policy or guideline of the Site, at any time and in its sole discretion without further notice. Any changes or modification will be effective upon including the revisions and changes on the Site. Your continued use of this Site following the changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site, this Agreement, and applicable policies from time-to-time to understand the terms and conditions that apply to your access and use of the Site. If you do not accept these terms, you are not authorized to use this Site.

• 1. General Terms

• • Use of Site Subject to the terms and conditions of this Agreement including the Privacy Policy which is incorporated herein by reference, MASHUP grants you a limited non-exclusive revocable license to access and make personal and non-commercial use of this Site, provided you do not modify, alter or download (other than page caching) any portion of it unless otherwise specifically provided herein or you have obtained written authorization is obtained in advance from MASHUP. The permission granted to you shall terminate automatically and immediately if you breach any of the terms or conditions set forth in this Agreement. MASHUP reserves the right to modify or remove any materials or services listed on the Site at any time without further notice. All rights not expressly granted herein, are expressly reserved by MASHUP.
  • Prohibited Use of Site You shall not make any commercial use of this Site or its contents. You further agree not to download or copy any content for the benefit of any third-party or use any data mining, robots, or similar data gathering and extraction tools. This Site, or any portion of this Site, may not be reproduced, duplicated, copied, displayed, sold, resold, visited, or exploited for any commercial purpose without the express written consent of MASHUP. You agree not to interfere, disrupt or attempt to gain unauthorized access to this Site or any other related computer network. You further agree not to disseminate, store, or transmit viruses, Trojan horses or any malicious code or program or engage in any other activity deemed by MASHUP to be in conflict with the spirit or intent of this Agreement. You agree to use the Site only for lawful purposes.
  • User Content The Site may now or in the future permit the submission of text, graphics, images, video, audio and other material at the direction of users of the Site ("User Content") and permit the hosting, sharing, and/or publishing of such User Content.
  • You shall be solely responsible for User Content you submit and the consequences of MASHUP's posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize MASHUP to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Site and this Agreement; and (ii) you have the written consent, release, or permission to use the name, image, or likeness of each individual identified in the User Content. By submitting the User Content to us, you hereby grant MASHUP a worldwide, non-exclusive, royalty-free, irrevocable, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Site and MASHUP business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Site and under this Agreement. MASHUP or its agents may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law.
  • In connection with User Content, you further agree that you will not submit material that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant MASHUP all of the license rights granted herein.
  • User Conduct This Site may, from time to time, include discussion forums and interactive areas. Any forums and interactive areas of the Site shall be used only for non-commercial purposes. By using the forums or interactive areas, you agree not to do any of the following: (i) upload, post, or transmit any content for purposes of political campaigning or commercial solicitation or that is unlawful, threatens another person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, or otherwise objectionable; (ii) impersonate another user of this Site including an employee of MASHUP; (iii) intentionally or unintentionally violate any local, state, or federal law; (iv) upload, post or transmit any software of files that contain software viruses or other harmful computer code; (v) interfere with the operation of MASHUP web servers or other computers or Internet or network connections; (vi) upload, post, or transmit any information, pictures, graphics or other content that violates the copyright, patent, trademark, or trade secret rights of another party; (vii) upload, post or transmit any unsolicited or unauthorized advertising, including spam; (viii) alter, damage or delete any content or other communications that is not your own or otherwise interfere with the ability of others to access this Site.
  • Removal of Content/Termination of AccessMASHUP does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. MASHUP does not permit copyright infringing activities and infringement of intellectual property rights on this Site, and we will remove all User Content if properly notified that such User Content infringes on another's intellectual property rights. MASHUP may remove any User Content without prior notice. MASHUP may also terminate your access to the Site, if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once or has had any User Content removed from the Site more than twice. MASHUP also reserves the right to decide whether User Content is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. MASHUP may remove such User Content or terminate your access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.
  • If you are a copyright owner or an agent thereof and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing MASHUP with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) a physical or electronic signature of a 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 MASHUP to locate the material; (iv) information reasonably sufficient to permit MASHUP to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) a statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. [Ryan – MASHUP needs to appoint a Copyright Agent to comply with the DMCA. We can file this for you if we have the name of the Agent. The cost is $105 to appoint an agent]
  • Equipment You shall be solely responsible for providing, maintaining and ensuring compatibility with the Site including all hardware, software, electrical and other physical requirements for your use of this Site, including, without limitation, telecommunications, Internet access connections, Web browsers or other equipment, programs and services required to access and use the Site.
  • Privacy MASHUP does not sell or rent your personal information to third parties for their marketing purposes without your consent and we only use your information as described in the Privacy Policy. Our current Privacy Policy is incorporated herein by reference and available at _____________ [provide link].
  • AccessibilityYou acknowledge and agree that at times this Site may be inaccessible or inoperable for any reason whatsoever, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which MASHUP may undertake from time to time; or (iii) causes which are beyond the control of MASHUP or which are not reasonably foreseeable.

• 2. Ownership of Intellectual Property

• • Trademarks The trademarks, service marks, brand names and logos appearing on this Site are owned by MASHUP, subsidiaries of MASHUP, or MASHUP's related companies, and others. Nothing herein shall be construed as granting any license or right to use any trademarks, service marks, brand names, or logos appearing on the Site, without the express written permission of the owner. You may not frame or utilize framing techniques to enclose any trademarks, brand names, service marks, logos, or use any meta tags or any other "hidden text" utilizing MASHUP's trademarks, brand names, or service marks without the express written consent of MASHUP. The following is a nonexclusive list of registered and unregistered trademarks, service marks, brand names and logos used and displayed on this Site that are owned by MASHUP or its subsidiaries or related companies in the United States and other countries or jurisdictions:
  • • M (Stylized)™
    • MASHUP™
    • M MASHUP™
    • FINALLY SOCIAL AND MEDIA HARMONY™
  • Copyrighted Works Copyrights in content provided on this Site, including, but not limited to, images, video, photos, electronic art, animations, graphics, sounds, audio, information and data, communication programs, electronic mail services, and user interfaces, executable code, and data formatted, organized, and collected in a variety of forms, including layouts, pages, screens, directories, and databases (hereafter "Copyrighted Works") is exclusively owned by MASHUP, its subsidiaries or related companies, or others, and is protected by U.S. and international copyright laws. Except as stated herein, you agree that you will not copy, reproduce, modify, alter, create derivative works from, distribute, display, post, or transmit any Copyrighted Works (except for your personal, private, non-commercial use) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of MASHUP and any appropriate third party as applicable.

• 3. Links

• The Site may provide links to other websites maintained by third parties. You acknowledge and agree that such links are provided for your convenience only and do not reflect any endorsement, affiliation, relationship, or sponsorship by or its subsidiaries or related companies with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site. You further acknowledge and agree that MASHUP is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. MASHUP MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any non MASHUP Site is subject to the terms and conditions applicable to that site, including the privacy policies (or lack thereof) of such site.
  
  If a third party links to the Site, it is not necessarily an indication of endorsement, affiliation, relationship, or sponsorship by or with MASHUP. MASHUP may not even be aware that a third party has linked to the Site.

• 4. Disclaimer of Warranties

• MASHUP AND ITS AGENTS, MEMBERS, MANAGERS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES PROVIDE THIS SITE "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  
  MASHUP AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES DO NOT WARRANT THAT THE OPERATION OF THIS SITE, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MASHUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MASHUP DOES NOT WARRANT THAT THIS SITE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

• 5. Limitation of Liability

• UNDER NO CIRCUMSTANCES SHALL MASHUP OR ITS AGENTS, MEMBERS, MANAGERS, EMPLOYEES, SUCCESSORS, ASSIGNS, OR AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE.

• 6. Indemnification

• You agree to indemnify, hold harmless and defend MASHUP, its subsidiaries, related companies, affiliates, directors, officers, employees, successors, assigns, and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of, or relating to: (i) this Agreement; (ii) your use of this Site, including any data or work transmitted or received by you; and (iii) any prohibited use of the Site as set forth in Sections 1.b and 1.c.

• 7. Termination

• This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. MASHUP reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (i) remove or disable access to all or any portion of the Site; (ii) suspend your access to or use of all or any portion of the Site; and (iii) terminate this Agreement. Sections 1-6 shall survive any termination of this Agreement.

• 8. Miscellaneous

• • Waiver No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
  • Severability If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
  • Law This Agreement is made in and shall be governed and construed by the laws of the State of Minnesota, United States of America, without reference to conflicts of laws. If you access this site from locations outside Minnesota or the United States, you are voluntarily and purposefully availing yourself of the laws of the State of Minnesota, United States of America, and you are solely responsible for compliance with all your local laws. Access to the Site from locations where the Site's contents may be unlawful is prohibited.
  • Forum All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts located in Hennepin County, Minnesota. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in Hennepin County, Minnesota. You hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in Hennepin County, Minnesota and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court in Hennepin County, Minnesota.
  • Headings The captions and headings of this Agreement are included for ease of reference only and shall be disregarded in interpreting or construing this Agreement.
  • Entire Agreement This Agreement constitutes the complete and exclusive statement of the agreement between the parties and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties.