Last updated January 13, 2015
Acceptance Procedure; Additional Terms and Conditions
The Rules of Conduct
Your use of the Site is subject to all applicable local, state, and national laws and regulations. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
Ownership of Intellectual Property Rights
User Submitted Content
Portions of the Site may provide you and other users with the opportunity to participate in forum services, blogs, messaging, and other interactive features and submit content, media, and materials for posting on the Site in connection with the same, which may include, without limitation, still photographs, writings, spoken statements, music, audio, video, video recordings, audio-visual works and recordings, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics, and visual effects (collectively, "User Submitted Content"). To be considered for posting and display to the public, User Submitted Content must meet all the specifications and requirements relating to formatting, compatibility, operating characteristics, and submission, which can also be found on the Site's Web page for the upload of User Submitted Content. When you provide User Submitted Content you may also be asked to provide some information about you and your submission. This may include, without limitation, such things as a descriptive title, some information about the User Submitted Content, length, your location, and/or similar information.
Upon your submission of any User Submitted Content for posting and distribution via the Site, you hereby automatically grant to the Company and its affiliates the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and royalty free right, license, authorization, and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of such User Submitted Content on the Site and any other Company owned or controlled programming services and distribution platforms, whether currently existing or existing or developed in the future (collectively, the "Platforms"), for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit, compensation, consideration, or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to the Company, in our sole discretion.
You acknowledge and agree that neither the Company nor its affiliates shall be required or have any obligation to host, index, display, accept, or use any User Submitted Content (or take advantage of any or all of the particular rights and authorities granted or otherwise available) and the Company may, in its sole discretion, remove or refuse to host, index, display, accept, use, or do anything at all with respect to any User Submitted Content. Once you submit or attempt to submit User Submitted Content you shall have no right to prohibit, restrict, revoke, or terminate any of the rights granted to the Company or its affiliates hereunder. You are not entitled to and you will not receive any compensation or other consideration for your User Submitted Content or any use made of your User Submitted Content once submitted. You also understand and agree that neither all or any portion of your User Submitted Content, nor any commercial, advertisement, promotional, marketing, or other material created by or for the Company that is associated with your User Submitted Content, need to be submitted to you for approval prior to the Company's or its affiliates' use thereof.
You hereby release the Company and its affiliates from any and all claims of any rights, encumbrances, liens, claims, demands, actions, or suits which you may or can have in connection with your User Submitted Content, including, without limitation, any and all liability for any use or nonuse of your User Submitted Content, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress, or economic loss. The Company and its affiliates have the right to assign, transfer, convey, license, sub-license, and otherwise transfer, sub-contract, delegate, outsource, or engage third parties to perform or benefit from all or any portion of its or their rights and/or obligations to any one or more other parties, without accounting, reporting, notification, or other obligation or liability to you whatsoever, now or in the future. You also forever waive and relinquish all moral rights or droit moral now or hereafter recognized in connection with your User Submitted Content and the rights granted to the Company and its affiliates hereunder.
Copyright Compliance Policy
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur.
How to Send a Notice of Copyright Infringement
If you are a copyright owner (or the owner's authorized agent) and have a good-faith belief that material on the Site infringes one of your copyrights, you may notify us using the following procedure. In order for us to process your notice of copyright infringement, it must be sent to the agent designated below and must include the information specified below. When we receive a notice under this procedure, we will expeditiously remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.
Send your notice of infringement to our designated agent for receiving such notices:
Name of Agent Designated to Receive Notification of Claimed Infringement: Becky Jameson
Full Address of Designated Agent to Which Notification Should be Sent to:
MacGillivray Freeman Films
PO Box 205
Laguna Beach, CA 92652
Telephone Number of Designated Agent: (949-494-1055)
E-mail Address of Designated Agent: firstname.lastname@example.org
PLEASE DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS, OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF SUCH TYPE OF INQUIRY IS SENT TO THAT CONTACT.
Your notice of infringement must be a written communication provided to the agent designated above that includes substantially the following information:
How to Send a Counter-notice if Your Posting Was Removed in Response to a Notice of Infringement and You Believe the Posting Is Not Infringing
As explained above, if we receive a notice of infringement sent to our designated agent with the information described above, we will expeditiously remove or block access to the material that is claimed to be infringing. We will also send a notification to the user who posted the material, at the e-mail address provided by the user, telling the user that the material was removed or access to it was blocked because of claimed infringement.
If you are a user who posted material that was removed in response to a notice of infringement and you believe that material was removed due to mistake or misidentification, you may request that we replace the material by sending us a counter-notice as follows:
You must send the counter-notice to our designated agent for receiving notices of infringement, whose name and contact information is above.
Your counter-notice must be a written communication and must include substantially the following information:
When we receive a counter-notice that complies with these requirements, we reserve the right, but not the obligation, to restore the material that was removed after forwarding a copy of the counter-notice to the person who sent the notice of infringement and waiting at least 10 business days. If, during those 10 business days, the person who sent the original notice of infringement notifies us that such person has instituted a suit to seek a court order to restrain the user from infringing activity relating to the material on our Site, we will not replace the material. Otherwise, we may repost the material at our discretion. However, we retain the right to remove, block access to, or not restore material at any time for any reason without any liability to the posting user. In particular, a user who sends a counter-notice pursuant to this Copyright Compliance Policy expressly acknowledges and agrees that we shall not be liable to the user under any circumstances for declining to replace such material.
Repeat Infringer Policy
We have a policy of terminating the accounts of "repeat infringers." A repeat infringer includes any user who has made two or more Submissions for which we receive a notice of infringement under this Copyright Compliance Policy. Each user agrees that if his or her account is terminated pursuant to this Copyright Compliance Policy, the user will not attempt to establish a new account under any name, real or assumed, and further agrees that if the user violates this restriction by opening a new account after being terminated pursuant to this Copyright Compliance Policy, the user shall indemnify and hold us harmless for any and all liability that we may incur therefore.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES (INCLUDING PARENT OR SUBSIDIARY COMPANIES), WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO YOUR (OR ANY THIRD PARTY'S) USE OR INABILITY TO USE THIS SITE, OR TO YOUR RELIANCE UPON ANY INFORMATION OR MATERIAL. IN PARTICULAR, THE COMPANY AND ITS AFFILIATED ENTITIES WILL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE THIS SITE, OR TO YOUR RELIANCE UPON ANY INFORMATION OR MATERIAL, WHETHER BASED IN VERBAL AGREEMENT, CONTRACT, TORT, STATUTORY, OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE, AND ONLY TO THE EXTENT, THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. THE REMEDIES PROVIDED FOR UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS.
THE INFORMATION AND MATERIAL PROVIDED ON, FROM, OR THROUGH THE COMPANY, ITS SERVICES, AND THE SITE IS PROVIDED "AS-IS" AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT). THE SITE AND RELATED INFORMATION, MATERIAL, AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. THE COMPANY AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE, INFORMATION, MATERIAL, AND/OR SERVICES. THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT AVAILABILITY OR USE OF THE SITE, INFORMATION, MATERIAL, AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY, AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, MATERIALS, AND SERVICES MADE AVAILABLE VIA THE SITE.
Any articles, press clippings, or other third-party publications (collectively, "Publications") made available through the Web site are furnished by the Company for your convenience and information. The Company is a distributor (and not a publisher) of content supplied by third parties (including users). Any opinions, advice, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of the Web site, are those of the respective author(s) or publisher(s) and not of the Company or its affiliates. THE COMPANY DISCLAIMS ANY REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
Links to Sponsors and Other Third-party Sites
Certain links on the Web site will let you leave the Web site. These linked sites -- for example, those of our partners and news sources -- are not under the control of the Company, and the Company is not responsible for the contents of any linked site or any link contained in a linked site. These links are provided for your convenience, and the inclusion of any link does not imply a recommendation or endorsement by the Company of any such linked site or the products therein.
We may terminate your use of the Site and/or access to any information, content, features, functionality, or services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.
Disclosure Regarding Collection and Use of Personal Information
Last Updated January 13, 2015
When we use the term "personal information" we mean information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, instant-messenger userID, blog or other personal website URL, date of birth, e-mail address and any other information that would allow someone to identify you or contact you. Personal information also includes information about your personal preferences, survey or application responses and your transactions or relationship with us, if you have been a user of the Site or you have provided this type of information to the Foundation or its affiliates.
The Information We Collect
We may collect certain non-personally identifiable information (i.e., generic information that does not identify you personally) when you visit any of our web pages, such as the type of browser you are using (e.g., Netscape, Internet Explorer), the type of operating system you are using (e.g., Windows 2000 or Mac OS), and the domain name of your Internet service provider (e.g., America Online or Earthlink). We also may collect personal information about you when you visit the Site and input information, whether you are registering to use any services, features or functions of the Site,), or otherwise in the course of any other exchanges of information, transactions and activities. During registration (and possibly at certain other times to enable your use of other features or functions or for security purposes), you will be required to provide us with certain information about you in order for us to allow you to use the features and functions that we may offer on the Site, such as chat rooms, message boards, electronic mail services, messaging services, registration and member profile pages.
How We Use and Disclose the Information
We may use the information we obtain from you, including personal information, to tailor your experience on the Site, to display content we think may be of interest to you, or to let us customize what you see when you visit the Site according to your preferences. We will use the personal information you provide online only for the purpose(s) you have submitted. Examples of using your personal information for the purpose(s) submitted include sending you an email about updates to the Site or about an upcoming event if you have signed up for updates. We also may conduct an occasional survey of our registered users, to see how our Site can better serve you. In addition, we may send to you an e-mail offering products or services that we think you may be interested in. Finally, we may share your information with organizations that are affiliated with or related to the Foundation, its affiliates in connection with the provision of their respective information, products, materials and services or for marketing and/or administrative purposes. If you want us to stop using the personal information you provided in these ways, please contact us at email@example.com.
How We Share Your Personal Information
The Foundation is committed to protecting your privacy. We maintain reasonable physical, electronic, and procedural safeguards to guard your personal information and while no data transmission over the Internet is 100% secure from intrusion, we have used and will continue to use reasonable efforts to ensure the protection of your personal information.
Use and Disclosure of Anonymous Information
We sometimes use the non-personally identifiable information that we collect to improve the design and content of our Site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze how our Site is used, as well as to offer you products, programs, or services. We may also share aggregate information with others, including affiliated companies and non-affiliated companies.
Collection of Information by Others
Our Site may contain links to other Sites whose information practices may be different from ours. You should check the other sites' privacy notices since we have no control over information that is submitted to or collected by them.
To enhance your online experience with us, many of our web pages use "cookies." Cookies are text files that our web server places on your hard disk to store your preferences. Cookies, by themselves, do not tell us your email address or other personal information unless you choose to provide this information to us. However, once you choose to provide the personal information, this information may be linked to the data stored in the cookie. Cookies cannot be used to run programs or deliver viruses to your computer.
Some of our web pages may contain electronic images known as web beacons, which are also called single-pixel gifs. These images allow us to count users who have visited those pages and to deliver co-branded services. Web beacons are not used to access your personal information, but they are a technique we use to compile aggregated statistics about our Site usage. Web beacons collect only a limited set of information, including a cookie number, time and date of a page view, and a description of the page on which the web beacon resides. Some of our web pages may also contain web beacons placed there to help us determine the effectiveness of our efforts to promote philanthropic partnership and investment opportunities, as well as other initiatives.
As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as "clickstream data," can be collected and stored by a website's server. Clickstream data can tell us the type of computer and browsing software you use and the address of the website from which you linked to the website. We may use clickstream data as a form of non-personally identifiable information to anonymously determine how much time visitors spend on each page of the Site, how visitors navigate throughout the Site, and how we may tailor our web pages to better meet the needs of visitors. This information will be used only to improve our Site. Any collection or use of clickstream data will be anonymous and in the aggregate.
Discussions and Community Tools; Testimonials
You agree that any information you submit to us through the Site may be used for promotional purposes. Because of the public nature of some of our services, you should exercise caution when deciding to disclose any personal information. We may also use a limited amount of information, such as first name, last initial, and your town and state in marketing materials on the Site. Your registration constitutes consent to this use.
If you are visiting the Site from a location outside of the United States, your connection will be through and to servers located in the United States, and all information you provide will be processed and securely maintained in our web servers and internal systems located within the United States. By using the Site, you authorize and specifically consent to the export of your personal information to the USA and its storage and use as specified above when you provide such information to us. This policy and our legal obligations are subject to the laws of California and the USA, regardless of the location of any user. Any claims or complaints must be filed in the USA in the state of California.
How You Can Access or Correct Your Personal Information
For instructions on how you can access the personal information that we have collected about you online, or how to correct any errors in such information, please send an email to firstname.lastname@example.org.
To protect your privacy and security, we may take reasonable steps to help verify your identity before granting access or making corrections. We reserve the right to deny access, use and registration privileges to any user, including without limitation, a registered user, of any services, features or functions of the Site if we believe there is a question about the identity of the person trying to access the user’s account or any services, features or functions. And if the burden or expense of providing access to your personal information is disproportionate to the risks to your privacy, or if the legitimate rights of others would be violated, we may decide not to provide access to such information. In such cases, we will provide to you an explanation of why access cannot be provided and contact information for further inquiries.
Special Note for Parents
This Site is not intended for use by children under the age of 13. The Site does not knowingly collect or store personal identifiable information from children under the age of 13. If you have concerns about this Site or its services, if you want to find out if your child is a member or has registered for one our services, or if you want to cancel your child's membership, please contact us at email@example.com. If you believe that your child under 13 has gained access to our Site without your permission, you may contact us at firstname.lastname@example.org.
Transfer of Business Assets
The personal information you provide is considered a company asset and may be included among transferred assets if the foundation, any or all of its subsidiaries or affiliates, or any of their assets is ever acquired by or merged into a third party.
How to Contact Us
MacGilllivray Freeman Films
PO Box 205
Laguna Beach, CA 92652