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User Agreement
Revision Date: January 23, 2014
Last Updated: April 1, 2013
This User Agreement is effective immediately for new users and will become automatically effective thirty (30) days after posting on the eBay Commerce Network for current users.
This User Agreement, including the eBay Commerce Network Privacy Policy and the documents incorporated by reference herein (the "Agreement") is a legal agreement between you and eBay Inc., with offices at 2025 Hamilton Avenue, San Jose, California 94125, USA ("eBay", "we" or "us"), governing your participation on the eBayCommerceNetwork.com, Shopping.com, Epinions.com, DealTime.com, and PriceTool.com websites (including the versions of these sites in foreign jurisdictions), their sister sites, and all co-branded versions of these sites or any successor brand that eBay may designate from time to time in its discretion (in the United States or foreign jurisdictions) which are referred to collectively as the "eBay Commerce Network" or "ECN." By using, accessing or registering as a member of the eBay Commerce Network, you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, please do not access or use the eBay Commerce Network.
We may amend this Agreement at any time with notice to you by email or by posting the amended terms on the eBay Commerce Network. Our right to amend the Agreement includes the right to modify, add to, or remove terms in this Agreement. Any such amendment shall take effect when such amendment is sent by email or posted on the eBay Commerce Network. By continuing to access or use the eBay Commerce Network after any such amendment, you agree to be bound by the terms of the amended Agreement.
Notice Regarding Dispute Resolution: This Agreement contains provisions that govern how claims you and eBay have against each other are resolved (see (Disclaimer of Warranties), (Limitation of Liability) and (Legal Disputes) for the applicable jurisdictions below). (Legal Disputes (United States)) also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate in accordance with the (Legal Disputes (United States)) section. Unless you opt-out: (A) you will only be permitted to pursue claims against eBay on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (B) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. If you are accessing an ECN website which is not based in the United States, such Agreement to Arbitrate shall not be applicable to you. You shall then be subject to the (Legal Disputes (Europe)) or (Legal Disputes (Australia)) Section of this Agreement, as applicable.
By accepting this Agreement, you agree that this Agreement and the ECN Privacy Policy will apply whenever you use the eBay Commerce Network sites or services, or when you use the tools (including mobile applications) that are made available to interact with the eBay Commerce Network sites and services. Some of the eBay Commerce Network sites, services, and tools may have additional terms, agreements, or policies that govern their availability and use. Your use of, and access to, such sites, services, and tools are subject to any and all terms, agreements, or policies applicable to them. We strongly recommend that, as you read this Agreement, you also access and read the linked information.
A Note about Minors.
The eBay Commerce Network is not intended for use by anyone under the age of 18. By using the eBay Commerce Network, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access or register for the eBay Commerce Network. We reserve the right to terminate your access or membership in the event that we become aware you are under 18.
Certain features and services on the eBay Commerce Network (including posting content) require that you register on the site as a "member." You are responsible for keeping your email address current. You are also responsible for safeguarding the password that you use to access any secure areas of the eBay Commerce Network. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions conducted under your ECN account. You will immediately notify eBay of any unauthorized use of your ECN account.
Using the eBay Commerce Network.
While using the eBay Commerce Network sites, services and tools, you will not:
- violate any laws, third party rights or our policies;
- use our sites, services or tools if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our sites, services, or tools;
- circumvent any ECN policy or determinations about your account status such as temporary or indefinite suspensions or other account holds, limitations, restrictions or terminations;
- create more than one account on any one ECN site;
- transfer or share your eBay Commerce Network account, user ID and/or password to another party without our consent;
- take any action that may undermine the reviews or ratings systems (such as displaying, importing or exporting review information off of the ECN sites or using it for purposes unrelated to the eBay Commerce Network);
- publish the same review more than once (a review may only be published more than once if the review compares two products and there is at least a 100 word difference between the two reviews);
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes, including using email tools (such as "Email this page") to send spam;
- use advertisements, paid links, affiliate marketing, or any form of link spam;
- use any automated methods, including, but not limited to, traffic exchanges or traffic servers, to increase views or clicks to reviews or content on any ECN site or otherwise "game" any ECN site or undermine or subvert any ECN policy, including, but not limited to, Eroyalties calculations for the Epinions.com website;
- distribute viruses or any other technologies that may harm eBay, or the interests or property of ECN users;
- export or re-export any ECN tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- copy, modify, or distribute rights or content, including eBay's copyrights and trademarks, from the ECN sites, services, or tools;
- harvest or otherwise collect information about users, including, but not limited to, email addresses, usernames or passwords;
- use any automated means to access the ECN sites or collect any information from the ECN sites;
- use ActiveX, Java, Javascript, cookies, web bugs or tracking technologies (such as HumanClick or Sitemeter);
- request search engines to crawl or index any portion of the eBay Commerce Network;
- modify or create variant versions of any ECN logos or other trademarks;
- customize any ECN sites in a way that adversely affects the display of any advertising or promotional links on such site;
- affect the way ECN displays its pages, such as framing ECN sites or placing pop-up windows over its pages; or
- speak on behalf of eBay, describe yourself as an eBay employee, or use eBay or ECN-related letterhead.
Abusing the eBayCommerce Network.
eBay and its community of users (the "Community") work together to keep our sites, services, and tools working properly and the Community safe. Please report problems, offensive content, and policy violations to us. Without limiting other remedies, we may, in our sole discretion: (A) limit, suspend, or terminate our services and user accounts; (B) prohibit access to our sites, services, and tools, and their content; (C) delay or remove hosted content; and (D) take technical and legal steps to keep users from using our sites, services, or tools, if we think that they are (i) creating problems or possible legal liabilities, (ii) infringing the intellectual property rights of third parties, or (iii) acting inconsistently with the letter or spirit of our policies (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users). We also reserve the right to cancel accounts (as further described below), or modify or discontinue ECN sites, services, or tools.
Authorization to Contact You; Recording Calls.
You agree to receive calls, including autodialed and/or pre-recorded message calls, from us at any of the telephone numbers (including mobile telephone numbers) that we have collected for you as authorized and described in the ECN Privacy Policy, including telephone numbers you have provided us, or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number or on that mobile device. Standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:
- To contact you for reasons relating to your account or your use of our sites, services, applications or tools (such as to collect a debt, resolve a dispute, or to otherwise enforce this Agreement) or as authorized by applicable law.
- To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future. If you do not wish to receive such communications, you can opt-out in the communications preference section of your ECN account.
We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under this Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
We will not share your telephone number with non-affiliated third parties for their purposes without your explicit consent, but may share your telephone numbers with members of the eBay corporate family and/or our affiliates, for their use, as authorized under the ECN Privacy Policy. Members of the eBay corporate family and/or our affiliates will only contact you using autodialed or prerecorded message calls and/or SMS or other text messages, if you have requested their services. For more information on the eBay corporate family, please visit http://www.ebayprivacycenter.com/about-us/corporate-family.
Through the eBay Commerce Network, eBay provides a number of different services to assist you in comparison shopping for products. We provide information regarding products and third-party merchants, and links to third-party merchants that are selling listed products. eBay is paid by merchants or other third parties to list products on the eBay Commerce Network. However, the products listed on the eBay Commerce Network are offered for sale by third-party merchants, and not eBay.
You acknowledge that eBay does not sell, resell or license any products listed on the eBay Commerce Network, nor is eBay acting as an agent of sale. We are merely making it easier for you to buy from merchants who choose to offer goods using the eBay Commerce Network. You acknowledge that to the extent allowable by law, eBay disclaims any responsibility for or liability related to such products. You agree to direct any questions, complaints or claims about merchants (for example, about their products, customer service or delivery) to the appropriate merchant.
Consumer reviews and ratings on the eBay Commerce Network are from our members who have elected to post a review on the eBay Commerce Network. As such, these reviews and ratings are intended to be informative for those wishing to use them, but they do not guarantee any level of performance by us, a merchant or other third party.
Participating merchants and other third parties may pay eBay to be presented on the eBay Commerce Network or to have their product or service offerings placed higher in our search results and may also purchase research from eBay.
All right, title and interest in and to the eBay Commerce Network and any content appearing on the eBay Commerce Network will remain the exclusive property of eBay and its licensors. Except as expressly permitted in this Agreement, you may not copy, reproduce, modify or create derivative works from, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use the content appearing on the eBay Commerce Network without the prior express written permission of eBay or the appropriate third party, as applicable. You may not copy or modify the HTML code used to generate web pages on the eBay Commerce Network. You may not use the eBay Commerce Network, or any other content appearing on the eBay Commerce Network, on or in connection with any other website for any purpose.
In general, sales taxes (including in Australia, GST) and shipping costs are estimates based on the geographical location of your IP address. Please check with merchants for exact shipping costs.
Content Submission.
By contributing or submitting any content to the eBay Commerce Network, you warrant that you are the author and owner of the intellectual property rights thereto or that you have obtained the necessary waiver of any moral rights owned by any third party in any intellectual property, and you grant eBay a worldwide, perpetual (as permitted by law), irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell and distribute, or incorporate such materials into any form, medium or technology, and exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future, without compensation to you and for the complete duration of such rights. To the extent permitted by law, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you or that you have obtained the necessary waiver of any moral rights owned by any third party, including the right to be identified as the author of such materials. Subject to the license and rights granted to eBay above and elsewhere in this Agreement, you retain all ownership rights to information, text, graphics or other materials you publish on the eBay Commerce Network. However, you acknowledge and agree that, without notice to you, we can reproduce, publish and distribute all or teaser portions of your content online and offline and permit others to do the same. None of the materials or information submitted by you shall be subject to any obligation of confidence on the part of eBay, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees.
You agree that youshall not post any information:
- that is false, inaccurate, ormisleading;
- that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is or may reasonably be considered to be defamatory, libelous, hateful, profane, vulgar, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- that includes any pornographic content (including any sexually explicit pictures) or content on a product/topic that is reasonably likely to offend a person looking for information on that product/topic;
- for which you were compensated or granted any consideration by any third party;
- that includes any information (including personal information) that references addresses, email addresses, contact information, phone numbers or websites outside of the eBay Commerce Network;or
- that contains any computer viruses, wormsTrojan horses, time bombs, cancelbotsor other potentially damaging computer programs or files ormay pose a threat to the proper technical operation of the system or to the security of other users or members or their information.
eBay reserves the right to change or delete any content on the eBay Commerce Network for any reason or that eBay deems, in its sole discretion, to violate the content guidelines orany other provision of this Agreement. For some of our features, other members may be able to request email notifications of your new public content or publish their own comments to your reviews. We may use the public content to develop aggregate ratings, personalize site views, market products or identify or feature popular members. Although it is not a violation of this Agreement to post your reviews to other sites, posting substantially similar reviews to other price comparison sites, in particular, may make you ineligible for statusas a Top Reviewer, Advisor, Moderator, or Category Lead on certain eBay Commerce Network Sites. We ask that you refer or provide links to the eBay Commerce Network if you choose to republish your content elsewhere and that you do not publish the same items of content on both the eBay Commerce Network and other product or price comparison sites. Please see the appropriate country version of the Shopping.com FAQ (UnitedStates,UnitedKingdom,France,Germany, orAustralia) orthe Epinions FAQ, as applicable, for more information on cross-posting ECN reviews to other sites.
Notice for Claims of Intellectual Property Violations and Copyright Infringement.
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing eBay's Copyright Agent with the following information in writing (pursuant to 17 U.S.C 512(c)(3)):
- a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
- identification or description of where the material that you claim is infringing is located on the eBay Commerce Network, with enough detail that we may find it on the eBay Commerce Network;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
eBay's agent designated to receive claims of copyright or other intellectual property infringement maybe contacted as follows:
By mail:
eBay Inc.
Attn:Copyright Agent
583 West eBay Way
Draper, Utah 84020
By phone:
(801) 545-2711
By fax:
(801) 757-9521
By email:
The eBay Commerce Network has adopted and implements a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe copyrights or other intellectual property rights of the eBay Commerce Network and/or others.
eBay's Verified Rights Owner (VeRO) program works to ensure that content does not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you are accessing an ECN site outside of the United States and you have a good faith belief that your intellectual property rights have been infringed, please notify our VeRO team through our Verified Rights Owner (VeRO) Program forFrance,the United Kingdom,Germany, orAustralia,as applicable, and we will investigate.
All content available on the eBay Commerce Network, including site design, text, graphics, interfaces and the selection of arrangements thereof, is copyrighted by eBay Inc. with all rights reserved, or is the property of eBay Inc. or third parties protected by intellectual property rights.
Epinions®, DealTime®, PriceTool.com, Shopping.com and eBay Commerce Network are service marks of eBay. eBay's service marks/trademarks may not be used in connection with any product or service that is not provided on the eBay Commerce Network or in any matter that (i) is likely to cause confusion among customers or (ii) disparages or discredits eBay.
Access andInterference.
The ECN sites contain robot exclusion headers. Information on our sites is subject to constant updates and changes. You agree that you will not use any robot, spider, scraper, or other automated means to access our sites for any purpose without our express written permission.
Additionally, you agree that you will not:
- take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large burden on our infrastructure;
- interfere or attempt to interfere with the proper working of our sites, services, or tools, or any activities conducted on or with our sites, services, or tools; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our sites.
We do not sell or rent your personal information obtained via your use of the eBay Commerce Network to third parties for their marketing purposes without your explicit consent. We will use and protect your information only as described in the eBay Commerce Network Privacy Policy. We view protection of users' privacy as a very important Community principle. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers in the United States and elsewhere in the world where eBay maintains servers protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing into your account. If you object to your information being transferred or used in this way please do not use our services. Personal information collected by merchants, if any, is subject to the privacy policy of the merchant that collects the information. We recommend reviewing the privacy policies of the merchants you interact and transact with before providing them with your information.
In addition to the privacy practices set out in the ECN Privacy Policy, eBay has established a set of Corporate Rules (also referred to as Binding Corporate Rules), which may provide additional privacy rights through your privacy regulator or a court. For more information about our Binding Corporate Rules and our global privacy practices and principles, including information on how to contact us with any questions, please visit our eBay Privacy Center.
If you are accessing an ECN site in Australia, the provisions of the Privacy Act 1988 (Cth) including but not limited to the National Privacy Principles set out in Schedule 3 of the Privacy Act 1988 (Cth) (and such amendments to the Privacy laws, rules and regulations as applicable) apply, notwithstanding any exemption that may apply.
Other Rules.
You agree to comply with all laws and regulations applicable to your access and use of the eBay Commerce Network and publishing your content including all applicable site rules, agreements and policies. You may not harvest personal data (including email addresses) from the eBay Commerce Network, and specifically you may not use email addresses displayed on our sites to ask users to join or contribute to your services. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who are suspected of violating the law or the terms of this Agreement. You acknowledge that eBay has no obligation to monitor your access to or use of the eBay Commerce Network.
If you are 18 or older, and have registered through the Epinions.com site and have been accepted as a registered member, you may accrue Eroyalties pursuant to the terms of the Eroyalties Program and Earnings which are hereby incorporated by reference. Regardless of your Eroyalties balance on the site, all Eroyalties are subject to our verification and approval. Among other reasons, we may disapprove Eroyalties if your account is terminated or suspended, or if we suspect fraud or a failure by you to comply with our policies. Thus, you should not consider Eroyalties "earned" until we have approved your redemption request for payment. All redemptions will need to comply with applicable redemption and validation policies (including, without limitation, (A) when you can redeem and how often, (B) minimum redemption amount, (C) any redemption fees and (D) any geographical restrictions). Eroyalties are not transferable. We will issue checks only in the accountholder's name. We are not responsible for fraudulently redeemed Eroyalties if the redeemer presents your password. You are solely responsible for paying any taxes on your Eroyalties (which shall be inclusive of taxes) and you shall be responsible for the remittance of all taxes paid on Eroyalties.
You may cancel your account at any time by contacting the applicable ECN site Customer Support in the United States,in theUnited Kingdom,inFrance, inGermanyor inAustralia(for Shopping.com) orclicking here(for Epinions.com). We may cancel your account or otherwise refuse service to you at any time for any reason. eBay may choose to assume that you intended to terminate your account if you do not access it for more than 3 months. Following termination of your account for any reason (including inactivity), atour sole option, eBay and our licensees may, among other things, continue or discontinue publicly displaying some or all of your content, and with relation to the Epinions.com sites, all of your existing Eroyalties will automatically expire, and no new credits will accrue. We may retain some information from closed accounts so that we can comply with law, prevent fraud, assist with investigations, resolve disputes, analyze or troubleshoot programs, enforce this Agreement, or take other actions permitted by law.
By choosing to use the eBay Commerce Network, you agree to indemnify, hold harmless and defend eBay, our affiliates and subsidiaries and our and their respective successors and permitted assigns, officers, directors, employees, agents, and partners of each against any and all present or future, actual or contingent, direct or third party claims, counterclaims, suits, demands, actions and causes of action and any and all resulting losses (including actual and consequential losses), costs, damages, setoffs, liens, attachments, debts, expenses, judgments, or other liabilities of whatever kind or nature as they are incurred (including but not limited to cost of defense, settlement, mediation or appeal and reasonable legal fees) arising from or in connection with (A) content you choose to submit, post or transmit through the eBay Commerce Network; (B) your use of or connection to the eBay Commerce Network; (C) your violation of this Agreement or any of the applicable agreements or policies posted on the eBay Commerce Network; or (D) your violation of any law or the rights of another.
If you have a dispute with one or more users (including merchants) of the eBay Commerce Network, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, liabilities, costs or expenses and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Disclaimer ofWarranties; Limitation of Liability.
We try to keep the eBay Commerce Network sites, services, applications, and tools safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our sites, services, applications, or tools. You further acknowledge that operation of and access to our sites, services, applications, or tools may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that you are making use of our sites, services, applications, and tools at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
eBay does not warrant that product descriptions, pricing, editorial commentary or any other content on the eBay Commerce Network, regardless of its source, is accurate, complete, reliable, current or error-free. The eBay Commerce Network content is provided for informational purposes only and does not constitute an endorsement by eBay of any product, service, or merchant. eBay assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings (e.g., user merchant rating or user product rating) or other content on the eBay Commerce Network.
The eBay Commerce Network may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (A) the availability or accuracy of such websites or resources; or (B) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on the eBay Commerce Network, 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 not to hold eBay liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the eBay Commerce Network. In addition, eBay does not endorse, warrant or guarantee the products or services of any merchant, lender or broker, including any rates, points and loan programs posted by sellers, lenders or brokers. Nothing on the eBay Commerce Network constitutes an advertisement for credit as defined by Paragraph 226.24 of Regulation Z of the federal Truth in Lending Act.
Except as explicitly stated otherwise, legal notices shall be served on eBay's national registered agent (in the case of eBay) or to the email address you have designated in your ECN account (in your case). Notice to you shall be deemed given 24 hours after the email is sent. Alternatively, we may give you legal notice by mail to the address associated with, or identified in, your account. In such case, notice shall be deemed given three days after the date of mailing.
Legal Disputes (United States).
If you are accessing an ECN site based in the United States:
You and eBay agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this Agreement or your use of or access to the eBay Commerce Network will be resolved in accordance with the provisions set forth in this Section (Legal Disputes (United States)). Please read this Section (Legal Disputes (United States)) carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
- Applicable Law
You agree that the laws of the State of Utah, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and eBay, except as otherwise stated in this Agreement.
Agreement to Arbitrate
You and eBay each agree that any and all disputes or claims that have arisen or may arise between you and eBay relating in any way to or arising out of this Agreement or your use of or access to the eBay Commerce Network shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
- Prohibition of Class and Representative Actions and Non-Individualized Relief
Arbitration Procedures
Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator must also follow the terms of this Agreement in the same manner as a court would.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute or claim arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement, including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at http://www.adr.org. A form for initiating arbitration proceedings is available on the AAA's website at http://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed form to us at the following address to initiate arbitration proceedings: eBay Inc. c/o National Registered Agents, Inc., 2778 W. Shady Bend Lane, Lehi, Utah 84043.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or eBay may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and eBay subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or eBay, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Utah, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different eBay Commerce Network users, but is bound by rulings in prior arbitrations involving the same eBay Commerce Network user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, eBay will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by eBay should be submitted by mail to the AAA along with your Demand for Arbitration and eBay will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, eBay will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse eBay for all fees associated with the arbitration paid by eBay on your behalf, which you otherwise would be obligated to pay under the AAA's rules.
- Severability
With the exception of any of the provisions in Section I of this Agreement to Arbitrate (Prohibition of Class and Representative Actions and Non-Individualized Relief), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section I of this Agreement to Arbitrate (Prohibition of Class and Representative Actions and Non-Individualized Relief) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of this Agreement and this section (Legal Disputes (United States)) will continue to apply.
Opt-Out Procedure
You can choose to reject this Agreement to Arbitrate ("opt-out") by mailing us a written opt-out notice ("Opt-Out Notice"). The Opt-Out Notice must be postmarked no later than thirty (30) days after the date you accept this Agreement for the first time. You must mail the Opt-Out Notice to eBay Inc., Attn: Litigation Department, Re: eBay Commerce Network Opt-Out Notice, 583 West eBay Way, Draper, Utah 84020.
The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address (including street address, city, state and zip code), phone number and the user ID(s) and email address(es) associated with the eBay Commerce Network account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of the Agreement to Arbitrate. If you opt-out of the Agreement to Arbitrate, all other parts of this Agreement and this Section (Legal Disputes (United States)) will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
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I've been gone a long while, did anybody miss me? I kinda fell off the earth for awhile, due to some health issues.
I never thought I'd be the one to have to say it, but here's the bombshell that's kept me busy: I have Rheumatoid Arthritis. Its not 100% sure, but its looking more and more like it. Its been a very rough couple of months as I struggle with adapting. Even on my good days, I'm not a good patient. I HATE this side of the stretcher with a passion. Right now its affecting my ankles, knees, and wrists the most.
So, that's why I haven't been posting much lately. I'm still reading, still in the loop as best I can be. However, there are many days when I still can't type very much. I do have some posts in the works, but they will be slow in coming. The grieving process for my old life is still consuming much of my time as I struggle to adjust to this.
I'm currently still working and running calls...just at a slower pace. Before this, I didn't have a stop button, and rarely even slowed at all. Now, I feel like life is in slow mode as I am forced to rest and relax.
The Art of Emergency Nursing Podcast
2 weeks ago

subset: commoncrawl


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The Louisiana Department of Wildlife and Fisheries (LDWF) launched a $30 million reimbursement program, designed to assist the commercial fishing industry following Hurricanes Gustav and Ike. The funds for this program are part of the $40 million appropriation by U.S. Congress allocated to Louisiana for fisheries disaster assistance to the commercial fishing industry.
Who is eligible?
Licensed, resident commercial fishermen and wholesale/retail seafood dealers must have reported sales or purchases of saltwater species on LDWF trip tickets during September 1, 2005 through August 31, 2008 (and received by LDWF by November 30, 2008) and held a 2008 resident Louisiana commercial fishing or wholesale/retail dealer license.
Important Information & Deadlines for Program Participants
This reimbursement program is structured as a two part process.
- In June, over 4000 application packets were sent to those commercial fishermen and wholesale/retail dealers who were eligible for the program.
- The first half of eligible reimbursement will be issued after the initial application packet is mailed (postmarked no later than September 30, 2009) to the South Central Planning and Development Commission.
- The second half of eligible reimbursement will be issued after the participant submits acceptable receipts/invoices dated after July 1, 2009.
- Receipts/invoices must document the use of the entire initial payment on eligible items.
- Original receipts/invoices may be brought to one of the satellite offices or mailed to South Central Planning and Development Commission (SCPDC).
*Note: LDWF is distributing relief money in the order in which the applications were received.
1-800-630-3791 (toll free)
985-655-1051 (local)
P.O. Box 1240,
Gray, LA 70359-9902
**It is estimated that the total infrastructure and economic loss from hurricanes Katrina and Rita in 2005 and hurricanes Gustav and Ike in 2008 totaled over $750 million. The Louisiana Department of Wildlife and Fisheries was charged with the coordination and distribution of federal recovery funds to the fishing industry.**


text: iPhone is not the safest of the devices but certainly one of the most used devices. In the modern era smartphones are also used as a mobile data backup. As these phone can perform almost like a computer, many of the important folders are saved in iPhone. As research suggest iPhone is one of the basic sources of data loss. How can that data can be secured? Any suggestions?


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Professional & Academic Perspectives of Film and Video
Terrence Nelson was born and raised in Winnipeg, Manitoba, Canada. After studying film and video production at University of the Nations in Kailua-Kona, Hawaii, he interned at Killer Films, an independent cinema company in New York City.
Mr. Nelson has written and directed four short films, and also worked on the upcoming feature films, all due for a 2001 release: "Series 7 - The Contenders" directed by Daniel Minahan (Premiere at Sundance Film Festival); "Last Word on Paradise" directed by Ethan Hawke; "Hedwig and the Angry Inch" directed by John Cameron Mitchell (Dramatic Competition at Sundance Film Festival); "Serendipity" directed by Peter Chelsom. Terrence is currently based in Toronto, developing his directorial debut feature, "Nicotine Pirates".
Additionally, he has written poetry and short stories, acted in film and theater, and performed throughout Canada and the United States.
Mr. Nelson & His Career | The Actual Work | Education Information & Advice | Job Information & Advice | Industry Trends | Closing Remarks
Mr. Nelson & His Career
ArtSchools.com: How did you discover your talent for film and video?
Terrence Nelson: My dad is a film buff, and I was raised on John Wayne movies. We also had a VHS video camera that the family used on special occasions, and I often "borrowed" it to make my own little TV shows and movies with friends. Whether we were creating a parody of a certain show or movie we liked, or creating something completely original, I was always the director. No one seemed to mind, except for my parents who freaked out whenever they saw what I'd done to the house while shooting the movie!
How did your career unfold?
Well, truth be told, my career is just getting under way. I've been in the industry for just over a year now. So far, the key has been making the right choices in my work, coupled with a lot of initiative. As soon as I finished school, I secured an internship at a thriving production company. Since then, I've continued to find crew work on larger production, as well as shooting my own small short films on the side. It is all lending itself to the greater scheme of being able to direct my own feature film.
What has been your personal key to success?
The film industry can be intimidating. It's a big and broad field with a lot of people vying for the same piece of the pie. One of my lecturers in school could not stress enough that it takes a "bulldog tenacity" to be successful in the industry. I agree with that, but it all starts with your own creativity and passion. I have always been a storyteller, and I have a passion to reach people with those stories and make films that matter.
How has your experience in theater contributed to your success in film and video?
I was actually really surprised at the differences between telling a story on stage and telling a story on film or video. Theater and film have separate approaches to reaching the viewer's imagination. From the performance standpoint, however, I was able to try a lot of things as a stage actor in front of several different types of audiences. When directing actors now, I like to keep it loose and allow for improvisation. I owe that attitude to my experiences in theater.
What do you enjoy most about your job, your career?
I've always been completely intrigued by the concept of capturing moving images, not to mention how fun it is entertaining people. Make 'em laugh, cry, or even angry, there's just something magical about it. I get to meet and work with people who just have this monstrous amount of creativity and energy, and it is contagious. Most of all, there is absolutely nothing like seeing an idea born in your head becoming something you can share with your family, friends, and the world. And they last forever.
Who were the biggest inspirations for your career?
I can't really think of anyone that I'm necessarily patterning myself after, but I have to admit that like some others my age, I decided that I wanted to make films for the rest of my life after watching Pulp Fiction. Tarantino definitely left an impression on me. Martin Scorcese's movies have their own particular intense style. As far as I'm concerned, Wes Anderson is one of the most inventive and brilliant storytellers out there right now. Spike Jonze made the jump from directing music videos to features, quite successfully I might add. I draw inspiration from innumerable directors by specifically watching the direction in their movies. The more films you watch, the better understanding you have of the medium.
You're currently working on your directorial debut. How important is this to you, personally, and to your career? How did it move from concept to reality?
Until you're actually shooting the picture, it's all concept. The idea started in my head, swam around up there for about a year, and ended up on paper a short while later. After that there are rewrites of rewrites and more rewrites, then it's all about trying to get others to help you get the thing made, whether by craft or with finances.
As far as how important this project is to myself, it's huge! All of my stories mean a lot to me on a personal level. I want my stories to mean something to others as well, which is one of the main reasons it is important to my career. Nobody wants to make a feature that someone else is not going to want to watch.
The Actual Work
What exactly do you do? What are your key responsibilities?
That all depends on which hat I'm wearing! I've directed four very small short films so far, and my job began at the conception of the story and ended once the final editing of the footage was done. I had complete creative control, from choosing locations for filming, casting, selecting or composing music, and editing.
However, if you work in a crew on a feature film, it's different. Each person on the set is almost like part of a greater organism, and the director is the brain. The first film I worked on I was as a Production Assistant (PA), very much an entry-level position. In her book, "Shooting to Kill", Christine Vachon refers to PA's as the "circulatory system" of a film set. My job ranged anywhere from getting coffee for the crew to assisting the camera department on set ups, running all over the countryside to acquire an item needed on set, or locking up traffic to allow time for a shot on a busy street. It can be a taxing duty, but it's a great way to become familiar with how a film shoot operates. A good PA will be on their feet all day, coming into contact with pretty much every department on the set.
I've been a Director's Assistant, which is almost like being the boss' personal PA. It involves scheduling and facilitation, and generally reminding the director that there is a world going on outside the set.
Recently, I was an Assistant Director (AD) for a couple days on another film. I was responsible for directing extras (background) on a busy street scene. Job description: "Keep all background together between takes, and be sure they all move on cue." What I really felt like was a shepherd! People were moving all over the place between set-ups, running off to the restroom without telling anyone, and sometimes completely missing their cues. It's not so bad; you just have to be able to shout louder than a megaphone at times.
Describe a typical day of work for you.
I don't care if it is a cliché: there is no such thing as a typical day on a film set! Perhaps to best illustrate this, I can describe my first day on my first feature film. I was given a 14 foot cube truck that was rented by the production to collect and deliver props and equipment to set. Manhattan is one of the world's most intimidating cities to have to drive in the entire world to begin with! I was hauling around over $250, 000 worth of paintings destined for the Chelsea Hotel during rush hour, and it was Christmas shopping season to boot!
After making it to set safe and sound, I had the opportunity to do set decoration for the shoot later in the evening. I was setting up instruments for Wilco, who by coincidence happen to be my favorite American band, as they were to play live music for the scene we were shooting. The band showed up and everyone was hanging out, and the lead singer, Jeff Tweedy, strummed a couple of my requests on an acoustic guitar.
Later on, after more back-breaking equipment hauling, it was time to roll. I was called upon to be an extra in the scene we were filming, a 70's- style lounge scene with a band and cocktail waitress at Serena, a bar next door to the Chelsea Hotel. After a long, exhilarating day of traffic, heavy weightlifting, and "first day on the job" jitters, it was nice to kick back, appear in a movie, watch Wilco play a private intimate set and have Heinekens served to me by no other than Uma Thurman (she was playing the waitress). It turned out to be one of the most exciting days of my life! I may be romanticizing, but on an independent picture, it's safe to say you have no idea what to expect in the day ahead of you.
Is it important to collaborate with your colleagues? How have your professional collaborations benefited your career?
It is essential for all departments on a production to create a team dynamic and collaborate. If even one aspect of the product you make is faulty, it can throw off the atmosphere you're trying to create completely. The better people work together, the better the final result will be.
For me, I have been fortunate in my fledgling career to have met and worked with a great many people with superior talents in their respective fields. Without delving into name-dropping, I can safely say that because I have been co-operative and friendly with colleagues in all facets of the productions I have worked on, I have become exposed to a world of future collaboration potential with people whose talent and experience go beyond my comprehension. That goes for actors, actresses, cinematographers, production and costume designers, and so on. It is an incredibly exciting notion.
What are some common myths about your profession?
The glamour. Movie premieres, award shows, magazine spreads, it's very wonderful and magical and has NEXT TO NOTHING to do with the film industry. If you go into it thinking it's going to be all wine and roses, you will be infinitely disappointed. We work long days, eat catered but temperamental food, and things can go frustratingly wrong all the time. There is a lot of pressure to make your day, and people are known to bicker. You can take the strenuous nature two ways: you can let it cave you in, or you can laugh through it and look forward to the end of the picture, when all the hard work has paid off. I choose the latter.
Education Information & Advice
What is your degree in? What did you like and dislike about your film and video education?
I was certified at the University of the Nations, a small Christian institution on the Big Island of Hawaii, film and video production. I received a lot of great filmmaking theory, film history, industry lecturers and, of course, a lot of hands-on production. In this time, I made three short films, produced one commercial, and almost drowned in the Pacific one fateful afternoon. What I really enjoyed about the school was the wealth of technical information: understanding and measuring light intensity, photo composition, storyboarding, audio levels, film stock, and so on. Schooling didn't change my perception of how to make films, it just became a platform on which I could test my ability and truly find out if this type of thing was for me. By the time it was finished, I was more excited about film than when I had gotten there in the first place.
If there were anything I disliked, I would have to say that almost nothing can prepare you for being on the job in film. When you are a student making a student film, you have all the ambition and zeal in the world, and I was convinced that I was going to make the greatest movie in history. You instantly compare yourself and your style to an established Hollywood filmmaker and set your expectations a bit high. Personally, with no budget and no professional actors and a very small crew, I felt my projects did not live up to what I had hoped. I can still look back and be proud of what I did with what I had, but one must remember the large difference between making a film for grades as opposed to making a film for profit points.
In any career, the best way to get a feel for the field you are in is to get out there and learn hands-on. Nothing could have prepared me for this career better than living as an office intern, and then making the jump to the set. I was exposed to both production and principal photography in "real life". Now, I feel confident enough to get out there and run my own set, because I know how a set operates. But, of course, aren't we always still learning?
How can prospective art students assess their skill and aptitude for film and video?
I think it's natural. Some people have it in them from a young age, through performing and entertaining, or having a natural ability to tell a story. A lot of people test their interest in the genre and play around with little experimental films, ones that often don't have a narrative or are completely unconventional. I have some friends whose primary interest does not lie in film and video, but they are keen on helping me with my own films. I think someone with an aptitude for filmmaking just knows it. It's not quite as simple as having a good singing voice and deciding you want to be a rock star (I ruled that one out some time ago). It's just knowing that you have something to say in a particular way and knowing that out there, someone will enjoy it. It seems now, more than ever, there are festivals and demonstrations featuring every possible type of movie there is to see.
Must a film and video professional also be a gifted artist? What are the specialties within the field?
Anyone with creativity can find a happy home in the film and video industry. People who enjoy building, sculpting, carpentry and painting can find plenty of work in set design and decorating. Folks with an eye for fashion and costuming can design and shop for shows. Production designers, who by the way have one of the most difficult but rewarding jobs in the industry, are simply people with a strong eye for detail and color. They capture the writer and director's vision and create the atmosphere of the entire movie before an inch of film is shot. Composers and musicians are called upon to score the project, as music is crucial to add the perfect touch when called upon. Animators, despite a sometimes long and arduous road to a finished product, are finding new ways to dazzle audiences in alternative environments and worlds.
What factors should prospective students consider when choosing an art school? Are there any different considerations for those who know that they want to specialize in film and video?
Research, and lots of it. It is always best to test the temperature of the water before jumping in. There are a lot of specialized training centers out there, you just have to know what it is you want from your training. If you just want to study film and video for fun, there are several schools that offer evening courses in continuing education, or semester programs at community college. Of course, if television broadcasting or film is your calling, there are three and four year degree programs available at community college and university.
As a native Canadian, what factors influenced you to go to school for film and video in Hawaii?
My comedy troupe was performing at a convention in Colorado a few years ago, and I saw some information on this school in Hawaii. I had already been shopping around locally in Toronto and elsewhere in Canada for a good program that wouldn't take four years to complete. After a few months of research through mail, Internet, and word of mouth, I decided to apply. I found the price to be comparable or even better than most of the programs up here in Canada, and I mean, hey! This is Hawaii we're talking about!
Based on what you hear in the industry, what do you think are the most respected and prestigious film and video schools, departments or programs?
I know the Tisch School of Arts at NYU has a very reputable program with an infinite amount of successful alumni. I met and worked with several NYU film students while I was in New York, and they were very pleased with the course. University of Southern California has a great program in Los Angeles, and also University of California, Los Angeles (UCLA). In the US, you don't have to go to the east or west coast to find a good film program, as there are other universities and specialized institutes that can offer a quality school.
Job Information & Advice
Who are three of the most renowned film and video professionals in the world right now? How did they get to the top of the profession?
That's a tough question to answer. It all depends on what department of the industry you are talking about. Steven Spielberg, for all his success, could be considered one of the most respected and lauded directors in the world. I'm sure that if he wanted to make a movie about people blowing their noses, people would back him because he's Steven Spielberg. He started out like anyone else, making movies as a kid, and keeping that passion right through to adulthood. I may not like a lot of his films, but I respect him for what he is: a great director. With Jeffery Katzenburg and David Geffen, Spielberg has created something of a small empire with Dreamworks.
Steven Soderbergh has suddenly become a director everyone wants to work with. He started out making small independent films that were very well received, such as "Sex, Lies, and Videotape." In the past two years, he has made the jump to studio pictures, like "Out of Sight", "Erin Brockovich", and "Traffic". He just has a unique way of telling a story in a stylish manner. The films may not always be commercially successful, but credit from within the industry goes a long way.
I suppose it would be fair to say that actors have a lot of power in the industry, too. People like George Clooney, Leonardo DiCaprio, Julia Roberts, Brad Pitt, and yes, even Adam Sandler have the ability to get a project green-lit by the studio just because their names are attached.
What is the average salary for your field? What are people at the top of this profession paid?
This is one of the only industries I know of where salaries are published in the newspapers almost every day. We all know that Jim Carrey makes between $20 and $25 million on each picture. Directors on even small budget features can make upwards of $100,000. Often with producers, directors, and key cast members, there are percentage points on the gross receipts. It all varies, but even entry level crew members are paid enough to get by, and pretty much everyone makes a decent living, to say the least.
How did you land your internship at Killer Films in New York? What did you do and how important was this experience for your career?
While I was in Hawaii, I did a paper on a book by Christine Vachon entitled, "Shooting to Kill", which is about how an independent film producer "blasts through the barriers" to make films that matter. I had never heard of Killer Films, but I was very familiar with their catalogue: Kids, Velvet Goldmine, I Shot Andy Warhol, Happiness, Boys Don't Cry, and so on. The school called to find out if any internships were available for the coming autumn. After finding out that there were, my resume' was sent to New York, and after I arrived back in Canada I had an over-the-phone interview. I guess they liked me and I was in.
I knew an internship was what I needed for my next step after school, and I could have chosen to go to Los Angeles to land an internship at a studio. However, I really wanted to get the most hands-on experience possible out of the deal. I wanted to be exposed to as much of the business as possible, and hopefully land a job on a film set. I figured that I would have the best opportunity to do this at a smaller independent company, like Killer. Fortunately, it worked out exactly that way.
For the first couple months I worked as on office PA. This entailed lots of photocopying (scripts), running all over Manhattan delivering and picking up miscellaneous items, script coverage, receptional stuff, and so on. Before long, I was doing some daily Production Assistant work on a movie, then I landed a full time gig on another Killer project. By the time the internship had ended, I went back to Canada with a paying gig on a film shooting in Toronto. My expectations were met and exceeded. The internship was instrumental in getting my feet wet in the industry.
Generally speaking, how available are internships in film and video?
If you live in New York or LA, there are always internships available. Those two cities house most entertainment companies in the country, and most of those companies are looking for people to do some dirty work for free in exchange for some valuable marketplace experience and paying job potential. In Canada, internships aren't quite as easy to obtain as in the US. I don't understand it: it is a really beneficial agreement for all parties concerned!
How is the job market now in the film and video industry? How do you think it will be in 5 years?
As stated earlier, there are a lot of jobs out there, but there are also loads of people looking out for those jobs. If you have initiative and you know how to find work, you can get it. There are unions out there for specific job titles in the industry. The grips have a union, still photographers have a union, directors have a union. If you pay into them, you can get work that way. I don't see this changing over the next few years. You would be surprised how set in its own lovely ways the film and video industry can be.
Industry Trends
What are some of the trends that you see in the field of film and video which could help students plan for the future?
The hot topic in the past couple of years has been the arrival of digital video. A lot of very established filmmakers have experimented with the format, and have seen success. Mike Figgis, director of "Leaving Las Vegas", tried an improvised digital film called "Time Code", which played four separate scenes on screen simultaneously in real time. George Lucas is shooting the next two installments of the Star Wars "prequilogy" (I just made that word up) on high definition digital video. Film purists downplay the whole thing and say it's a fad, but more and more people are latching on to it. There is a new independent company in New York called Madstone, which is designed to birth a new breed of filmmakers using nothing but films shot on digital. I have worked on a digital feature, and I am very curious to see how it will turn out.
What specialized computer programs do film and video professionals typically use? How important is it for graduating students to be well-versed with these programs?
When it's time to take the mostly-finished project to script, the industry standard software is called "Final Draft", but there are several fine computer programs out there for screenwriters. If I'm shooting a film on digital video, I've used "SONY DV-CAM" and "Mini-DV". Most people in the industry use Mac Computers for editing, and I was trained on AVID, the premier industry software for digital, non-linear editing. I've also used "Adobe Premiere", which is a fine format for a tighter budget. "Final Cut" is a popular editing software that almost anyone can learn to use fairly quickly.
Has the popularity of the Internet affected your profession?
To a degree, I suppose. Obviously, smaller-time filmmakers have the opportunity to distribute their work to an audience that simply clicks a button to see the show. Information on films is available at a host of sites. Studios have altered their marketing strategies a bit, but the Net really hasn't put a dent in anything. It just gives people who otherwise wouldn't be heard a chance to speak.
Closing Remarks
Is there anything else you can tell us about yourself, your career, or the profession that would be interesting or helpful to others aspiring to enter and succeed in film and video?
I'm constantly moving on to bigger and better things, but I'm still a student out here. I won't take a job on a film just because it's work. I have to connect with the script I'm reading. Like everything in life, there's no point doing a job if you don't like what you're doing. I still like to get away from the commotion of a big set and do my own little films, where I get creative control.
As I further develop my debut feature, Nicotine Pirates, I want to choose who I work with carefully. I want to feel comfortable with what I'm doing and who I'm doing it with. The film industry is a big and intimidating field, and you have to choose allies wisely. Most of all, in the craziness of the biz and the whirlwind that ensues when you start meeting and working with new people every three to six months, you have to keep yourself humble, grounded, and remember who you are at all times. Now, please excuse me, I'm off to go meet Tom Cruise and munch on some cavi-ah!


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Welcome to the Mt. Holly Duck Sanctuary, established in 2005. We provide safe haven for domestic ducks in need of homes or who are injured or abused or abandoned. We currently have 60 resident ducks who enjoy our pond and wooded acreage. Our motto is "Where ducks can be ducks."
We feed and protect domestic ducks in need of more care than their owners could provide and to give them a safe place to live out their lives in peace. They have access to an avian vet and are provided with food, shelter and fresh water at all times. Not to mention lots of love.
We sell things at certain times to raise operating funds to maintain the sanctuary and ourselves and you may see something you like here from time to time. I encourage you to purchase any and all products we offer so we can maintain the flock. Our current products can be purchased at :
Please contact us anytime! We look forward to hearing from you. Videos of Mt. Holly can be viewed at http://www.youtube.com/user/calmlake1?feature=mhum
Write me directly at:
You may now buy my book, Meep Finds His Way, a true childen's story about a little blind duck who finds a home and love. It can be purchased on our donations page for $12 plus P&H. Great for gifts!!
Copyright Mt Holly Duck Sanctuary All rights reserved.
In the Cincinnati area and need an experienced avian vet? Call 513-732-1730 or visit www.ClermontAnimal.net . Dr. Julie Esposito cares for all our ducks.


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Partial Breast Irradiation
Dear OncoLink "Ask The Experts,"
Can you please tell explain Partial Breast Irradiation?
Lawrence J. Solin, MD, FACR, Professor of Radiation Oncology at the University of Pennsylvania, responds:
For patients with early stage breast carcinoma undergoing breast conservation treatment, the standard method of delivering radiation is to treat the whole breast, generally followed a boost to the primary tumor site. This standard form of radiation treatment typically lasts for 5 to 8 weeks, and achieves excellent long-term outcomes with a high rate of local control, a low rate of complications, and a high rate of acceptable cosmetic results.
Accelerated partial breast irradiation (APBI) is a newer method of radiation delivery. In contrast to standard whole breast radiation, APBI delivers an accelerated course of radiation treatment (typically in one week or less) to a small volume of breast tissue in and around the primary tumor site. APBI was developed to reduce the overall length of treatment time and to improve patient convenience. Not all potential breast conservation patients are eligible for APBI, and candidates for APBI are generally selected for favorable characteristics.
A number of different methods for delivering APBI have been described: (a) interstitial brachytherapy implant (high dose rate or low dose rate); (b) intracavitary brachytherapy (balloon catheter); (c) intraoperative radiation (orthovoltage or electrons); or (d) external beam radiation (3-D conformal, IMRT [intensity modulated radiation therapy], or protons). Each of these different methods has potential theoretical advantages and disadvantages, and none has been shown to be superior or inferior to another method. A recent study out of Massachusetts General Hospital of a small number of patients treated with APBI with protons found that there were significant acute side effects (change in skin color, skin breakdown, and rib pain), but excellent long term cosmetic outcome (100% of both doctors and patients thought the cosmetic outcome was good or excellent one year after treatment).
Another form of APBI, the MammoSite® device, was approved for use in the U.S. by the F.D.A. (Food and Drug Administration) in 2002, and therefore, only short-term outcomes (less than 5 years) after treatment have been reported for this form of APBI. The largest trial comparing MammoSite® to whole breast radiation found similar cancer control rates in the breast and survival between the two groups. However, it is important to note that this was done in a group of women with very favorable cancer characteristics and the follow up for this study is still quite short.
The best scientific method to compare a new form of treatment (APBI) to a standard form of treatment (whole breast radiation) is to perform a randomized clinical trial where patients are randomly assigned to one of two different treatment arms, and to then compare the outcomes for the two groups. Such randomized trials require thousands of patients with long-term follow-up to show whether there is a small, but meaningful difference in outcome between two forms of treatment. At the present time, at least five randomized trials have been developed or proposed. These trials use a variety of technical methods of delivering APBI, but they all use whole breast radiation as the control arm. One American trial is open and is currently accruing patients; this trial is being run jointly by the NSABP (National Surgical Adjuvant Breast and Bowel Project) and the RTOG (Radiation Therapy Oncology Group) (The planned accrual is 4300 patients, and the trial opened in 2005). Three European trials are open, and one Canadian trial is under development. The planned accrual for these five clinical trials is over 8,000 total patients. Hopefully, these randomized trials will give a more definitive answer as to the effectiveness of APBI in comparison to standard whole breast radiation treatment.


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The requested news item does not exist. Please return to News
Prestigious list recognizes firm's revenue growth
CHICAGO – JUNE 8, 2015 – JLL (NYSE:JLL) announced today that it has been named to the prestigious 2015 Fortune 500 list, which ranks the largest U.S.-based companies by revenue. JLL's annual gross revenue reached a record high of $5.4 billion in 2014.
"Becoming a Fortune 500 company is one more example of our consistent recognition as the best in our industry," says Colin Dyer, JLL President and CEO. "Recognition from Fortune, combined with our reputation for ethical business practices and commitment to employee satisfaction, shows the value of the rigorous, relentless approach that we have taken to building our company to best serve our clients. We're investing in best-in-class people, technologies and practices to keep our company growing."
The Fortune 500 is an annual list of the 500 largest companies based in the United States ranked by total revenue for their respective fiscal years.
For more news, research and information from JLL, please visit: www.jll.com.
About JLLJLL (NYSE: JLL) is a professional services and investment management firm offering specialized real estate services to clients seeking increased value by owning, occupying and investing in real estate. A Fortune 500 company with annual fee revenue of $4.7 billion and gross revenue of $5.4 billion, JLL has more than 230 corporate offices, operates in 80 countries and has a global workforce of approximately 58,000. On behalf of its clients, the firm provides management and real estate outsourcing services for a property portfolio of 3.4 billion square feet, or 316 million square meters, and completed $118 billion in sales, acquisitions and finance transactions in 2014. Its investment management business, LaSalle Investment Management, has $55.3 billion of real estate assets under management. JLL is the brand name, and a registered trademark, of Jones Lang LaSalle Incorporated. For further information, visit www.jll.com.
Gayle Kantro
+1 312 228 2795


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Our friends at MP3.com recently relaunched their site, and to celebrate we're helping them give away some fantastic songs for free! Today, we're featuring Ben Harper's new single "Rock N' Roll Is Free".
GRAMMY-winning singer/songwriter Ben Harper gives rock 'n' roll a kick in the pants and a jab in the ribs on the live recording of "Rock N' Roll Is Free," the lead single off of his new album Give Till It's Gone.
Download the Ben Harper song "Rock N' Roll Is Free"!
"Rock N' Roll Is Free" is Harper's first single from his first solo album Give Till It's Gone. It's also the first record without his backing band, and it's his most personal yet.
"I've never made a record that was such a timeline," says Ben Harper of his new album. "It's a real extension of the last year and half in my life, and all these sounds are inspired by my experiences. It's as honest a musical statement as I could make."
Recorded at the Los Angeles studio of rock luminary Jackson Browne, the inspiration behind the single originated after watching a performance of rock-legend Neil Young's "Rockin' In The Free World" in London last summer.
Like Young's version, Harper allows in swagger and heavy, no-nonsense riffage. How serious is the music? Let's just say "rock n' roll is free if you want it, rock n' roll is free so come and get it," as Harper croons on the soul-influenced blues-rock number, "Rock N' Roll Is Free."
More on Ben Harper:
Download the Ben Harper song "Rock N' Roll Is Free"!


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Toys for Tots delivers for S.A. families in need
Among the eager parents gathered Thursday outside a warehouse on Shipman Drive, hoping for a gift to bring home to their children, Deborah Thomas thought of her son Daniel.
Thomas has had plenty of hard times, starting with losing her son, months after he returned from Iraq in 2008.
Cpl. Daniel J. LaBella took his own life and was laid to rest a week later, on the day the Marines were due to promote him, his mother said.
On Thursday, she thought of him while hauling a plastic bag full of Christmas gifts from the Marine Corps Reserve's Toys for Tots program to an old, faded Chevrolet S-10 Blazer.
"I've donated the last three years and gave nearly $1,000 in my son's memory to Toys for Tots," she said. "He was very active in Toys for Tots, and this year my husband got laid off two weeks before Thanksgiving."
With Christmas around the corner, Thomas' thoughts turned to her 12-year-old son, Jacob. She, with hundreds of people, many of them women with young children, patiently waited for a gift that might brighten the holidays. And they waited a long time.
Michelle Williams, an unemployed retail worker who drove the Blazer from Canyon Lake, had been with Thomas since 9:30 a.m. Standing next to the truck, borrowed from a friend because her car won't start, she opened a garbage bag to find two stuffed animals, a binder used for school and a children's book.
"I think she's going to like them, even though it's not some of the stuff she has asked for," Williams said of her 11-year-old daughter, Isis.
The lines on Thursday were as long as in 2011, and the need as great or greater, organizers said.
The local group last year gave at least two toys to 17,385 children in Bexar and seven other area counties. This year, Marine Corps Staff Sgt. Michael Armendariz said roughly 20,000 kids will receive gifts.
Things have been rough throughout the recession. Armendariz, this year's Toys for Tots San Antonio coordinator, said he had to turn away people after 5 p.m. Wednesday but still didn't give toys to the last person until midnight.
He extended the hours this year to 8 p.m., figuring that would help folks just getting off work. They braved a brisk, chilly wind outside the warehouse near Fort Sam Houston.
One woman shook from cold and hunger but gutted it out, he said.
"She had to stay here because this was the only gift that she would give to her child," said Armendariz, one of more than 20 volunteers.
Williams and Thomas saw the lines Wednesday outside the warehouse and returned to Canyon Lake but had to come back. At 31, Williams hasn't worked in two years. Her unemployment ran out last month.
A veteran of four combat deployments, Armendariz grew up poor and hasn't forgotten the Christmas Days that dawned in Odessa with no gifts.
Dion Padilla, a local financial planner and Navy submarine veteran, also came from modest means.
"It doesn't matter how well you're doing, everybody falls upon hard times," he said after handing a big bag of toys to Jennifer Tijerina.
"Merry Christmas!" he said.
"This is a blessing," said Tijerina, an unemployed nurse who cares for five kids that range from 7 months to 10 years old, as well as her mom, a stroke and heart attack victim. "It's a blessing to see my kids smile because they're going to get something for Christmas."
More Information
How to help
mySA.com/GraceOfGiving: Organizations that need your help this holiday season.
Toys for Tots Distribution
Toys for Tots is open from noon to 8 p.m. today through Sunday at 1910 Shipman Drive, off Interstate 35 south of Binz-Engleman.
Those wanting toys should bring a government-issued ID, such as a driver's license, and a birth certificate or court order for their children.
Only parents and/or guardians of children can receive toys.
To donate cash or toys, visit san-antonio-tx.toysfortots.org.


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Hope College and the Fennville community were recognized Thursday (April 14) by the West Michigan Character Council for the roles they played in responding to the death of Fennville basketball player Wes Leonard.
The Council at its monthly meeting recognized Hope College for its compassion by providing a venue for Fennville to play its district high school basketball games the week after the player's death. The Fennville community was recognized for its loyalty in supporting the Wes Leonard family and team members.
The Character First initiative, founded in Holland in 2002, is a broad-based effort to integrate character into the culture of community. The program works through elected officials, community leaders, and citizens-at-large who recognize the critical importance of good character. The Character First system includes 49 character qualities, including compassion and loyalty.
The organization in its program statements states, "Good character is the inward motivation to do what is right, according to the highest standards of behavior, in every situation, whatever the cost. Through good character our community strives to build a safe, productive, and caring community. Emphasis is placed upon an individual's responsibility for his or her words, actions, and attitudes, and
undisciplined living is considered socially unacceptable. Most of all, Character First! focuses on the leaders who are best able to incorporate the values throughout their organizations."
The recognitions were presented by Nancy DeBoer, executive director of the West Michigan Character Council and a member of the Holland City Council. Representing Hope College was co-athletics director Tim Schoonveld who spearheaded the Hope response to the tragedy. Hope College provided its DeVos Fieldhouse was three of Fennville tournament basketball games.
"Hope staff stepped up in every way to ease the burden for the Fennville community, said DeBoer. "As a Character Council, we are inspired and challenged by Hope's compassion. Instead of turning its head, Hope opened its hand to be an anchor for Fennville, investing whatever was necessary to heal the hurt of others."
Representing the Fennville school district were superintendent Dirk Weeldreyer, board of education president Tony Lungaro and student council president Toby Hutchins.
DeBoer observed that the scope of the competition that enveloped DeVos Fieldhouse was re-defined "The Fennville fans began as small town boys and girls who found themselves on a world stage with their team where they all taught the world about love and loyalty, using difficult times to demonstrate their commitment to their fellowman, whether friend or "foe." May we follow their noble example by serving those around us as well," she said.


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