Effective as of July 16, 2010
1. COLLECTION OF PERSONALLY IDENTIFIABLE INFORMATION BY PGAF:
(a) General: PGAF collects personally identifiable information (“PII,” as above — that is, information such as your full name, email address, mailing address or telephone number) in order to create or enhance our relationship with you. When we collect PII from you it is because you are voluntarily submitting the information to us in order to participate in activities like sweepstakes, contests, games, surveys, forums, subscription registrations, in connection with content or suggestions you submit to us, chats or bulletin boards, or because you want us to furnish you with products, services or information. We may also obtain PII from reputable third parties. (b) Cookies: Cookies are small bits of information that the PGAF web sites place on the hard drive of your computer. Cookies remember information about your activities on our site(s) and enable PGAF to make your visits to our site(s) more enjoyable. For example, cookies can store your password for easy log-on to a site you have previously visited, can save your preferences for a personalized home page or can track the items you have placed in your “shopping cart” during a visit to our online store.
2. NOTICE FROM PGAF ABOUT ITS PII COLLECTION PRACTICES:
When you voluntarily provide PII to PGAF, we will make sure you are informed about who is collecting the information, how and why the information is being collected and the types of uses PGAF will make of the information.
At the time you provide your PII, PGAF will notify you of your options regarding our use of your PII, including whether we will share it with outside companies (See “Choices PGAF Will Provide about the Use of Your PII” below). This Policy describes the types of other companies that may want to send you information about their products and services and therefore want to share your personal information, provided you have given PGAF permission to do so (See “Use of Your PII by PGAF” below).
Sometimes we collect PII from consumers in manual format or off-line, such as a post card or subscription form. Providing detailed notice in those situations often proves impractical, so consumers will instead be provided with a short notice that describes how to obtain the full text of this Policy and other relevant information from us.
PGAF’s web site(s) may also be linked to sites operated by companies affiliated with PGAF. Visitors to those affiliated sites should still refer to their separate privacy policies and practices, which may differ in some respects from this Policy.
3. CHOICES PGAF WILL PROVIDE ABOUT THE USE OF YOUR PII:
PGAF will not use the PII you provide to us for purposes different from the purpose for which it was submitted, or share your PII with third parties that are not affiliated with PGAF unless we obtain your permission.
4. USE OF YOUR PII BY PGAF:
PGAF will use your PII provided under this Policy in a manner that is consistent with this Policy. If PGAF obtains PII from a third party, such as a business partner, our use of this information is governed by this Policy.
PGAF may share your PII with companies that are affiliated with us, that is, part of the News America Group of companies. Provided you have given us permission, PGAF may also share your PII with advertisers and business partners that are not affiliated with PGAF, but would like to send you information about their products and services. However, you will always have the opportunity to instruct us not to share your information with third parties at the time of collection.
PGAF employees, agents and contractors must have a legitimate business reason to obtain access to your PII. PGAF may share your PII with outside contractors or agents who help us manage our information activities (i.e., sweepstakes administration, order fulfillment, statistical analyses), but they may only use PII to provide PGAF with a specific service and not for any other purpose. PGAF uses a third party vendor to distribute e-mails and to collect and store consumer registration information.
There may be instances when PGAF may disclose PII without providing you with a choice in order to protect the legal rights of PGAF, its parent or subsidiary companies or their employees, agents and contractors; to protect the safety and security of visitors to our web sites; to protect against fraud or for risk management purposes; or to comply with the law or legal process. In addition, if PGAF sells all or part of its business or makes a sale or transfer of assets or is otherwise involved in a merger or business transfer, PGAF may transfer your PII to a third party as part of that transaction.
5. SECURITY OF YOUR PII PROTECTED BY PGAF:
PGAF uses reasonable administrative, technical, personnel and physical measures to safeguard PII in its possession against loss, theft and unauthorized use, disclosure or modification. In addition, PGAF uses reasonable methods to make sure that PII is accurate, up-to-date and appropriately complete. Passwords and other sensitive information stored by PGAF are encrypted both in transit and when stored within PGAF’s online databases.
6. ACCESSING, CORRECTING OR DELETING YOUR PII:
Visitors may review or delete personal information from our records. If you would like to review your personal information in our records, or change any PII or user preferences previously submitted, please contact us using the information below. We will delete your information from our database. However, there may be residual information that will remain within our databases that may or may not contain PII. This residual information will not be given to any other third party or used for any commercial purpose.
7. HOW TO CONTACT PGAF ABOUT PRIVACY CONCERNS:
Producers Guild of America
8530 Wilshire Blvd. – Suite 450
Beverly Hills, CA 90211
TERMS & CONDITIONS:
COPYRIGHTS, TRADEMARKS, & RESTRICTIONS TM and © 2010 PRODUCERS GUILD OF AMERICA FOUNDATION. ALL RIGHTS RESERVED. ALL MATERIALS CONTAINED IN THIS SITE, INCLUDING, BUT NOT LIMITED TO, IMAGES, ILLUSTRATIONS, AUDIO CLIPS, AND VIDEO CLIPS INCLUDING BUT NOT LIMITED TO TRAILERS, TV SPOTS AND ANY AND ALL AUDIO VISUAL MATERIALS (COLLECTIVELY “THE MATERIAL”) ARE PROTECTED BY COPYRIGHT AND TRADEMARK AND SHALL NOT BE USED FOR ANY PURPOSE WHATSOEVER OTHER THAN PRIVATE, NON-COMMERCIAL VIEWING PURPOSES. REPRODUCTION, DUPLICATION, DISTRIBUTION, DERIVATIVE WORKS, POSTING, AND OTHER UNAUTHORIZED COPYING OR USE OF THE MATERIAL CONTAINED HEREIN IS EXPRESSLY PROHIBITED.
PGAF grants Participant a non-exclusive, non-assignable, and non-transferable license to use and display, for personal and noncommercial use only, one copy of any material that Participant may download from this site, including, but not limited to, any files, codes, audio, or images incorporated in or generated by the software (collectively “Downloaded Material”) provided, however, that Participant maintains all copyright and other notices contained in such Downloaded Material. Participant acknowledges and agrees not to sublicense, assign, or otherwise transfer this license or the Downloaded Material. Participant also agrees not to alter, disassemble, decompile, reverse engineer, or otherwise modify the Downloaded Material. If Participant wishes to license any PGAF Material, including but not limited to, Material contained in this site, please contact the PGAF at (310) 358-9020 x100.
If you believe that any material contained in this Site infringes your copyright, you should notify PGAF of your copyright infringement claim in accordance with the following procedure.
PGAF will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent who is:
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
USER’S AGREEMENT AND RULES OF CONDUCT FOR PGAF SITE:
Use and participation in PGAF’s Internet site is contingent upon Participant’s acceptance of the following terms and rules. By using this web site, Participant accepts these terms. For purposes of this agreement, “Participant” refers to you. “PGAF” refers to Producers Guild of America Foundation, its parent, subsidiary and affiliated companies.
1. RULES OF CONDUCT:
(a) Participant shall not post or transmit through PGAF any defamatory, threatening, obscene, harmful, pornographic or other material which would violate or infringe in any way upon the rights of others, or which would give rise to criminal or civil liability and/or violate federal or local law or regulation.
(b) Participant shall not upload, post or otherwise make available on the PGAF site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right.
2. SUBMISSIONS POLICY:
Notwithstanding the above, Participant hereby waives any and all rights to any stories, ideas, drawings, opinions, and any other creative “materials” posted to the PGAF site. Participant authorizes PGAF to utilize, in any manner it sees fit and for eternity, the materials posted on the site, which shall become the property of PGAF. Participant releases PGAF from any and all claims or liability (now known or hereafter arising) in connection therewith, and agrees to indemnify PGAF in connection therewith pursuant to the terms of Paragraph 3 below. Participant agrees and acknowledges that participation in the PGAF site shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual, or other special relationship between PGAF and Participant (other than the contractual relationship between PGAF and Participant entered into by virtue of Participant’s agreement to these Rules of Conduct.)
3. RIGHTS OF PGAF / DISCLAIMER OF LIABILITY:
(a) PGAF is a distributor only (and not a publisher) of PGAF Chat Room and Bulletin Board content which is supplied by Participant with occasional responses from PGAF. PGAF shall not be responsible for policing, monitoring, or editing such content, exercises no more editorial control over such content than would a public library, bookstore, newsstand, or other distributor of content, and accordingly, shall not be responsible for exercising editorial control over such content. Notwithstanding the foregoing, PGAF shall have the right, but not the obligation, to monitor such content in order to respond to or comment upon communications by Participants and in order to determine compliance with the foregoing Rules of Conduct. PGAF shall have the right and sole discretion to edit, to refuse to post or to remove any content whatsoever which it finds to be in violation of the provisions hereof or which it finds in its sole discretion to be otherwise objectionable for any reason.
The opinions expressed in the chat rooms and bulletin boards are not necessarily (and in some cases not at all) those of PGAF. PGAF is not responsible for any materials provided by users which are deemed harmful or offensive to others. PGAF is not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided in these sections of the site.
(b) PGAF makes no warranties, express or implied, as to the content in the PGAF site or the accuracy or reliability of any information or statements contained therein. All statements, advice and opinions made by Participants in PGAF Chat Rooms and Bulletin Boards are those of such Participants only, and PGAF neither endorses nor shall be held responsible for the reliability or accuracy of same.
(c) PGAF is not responsible for the content or practices of third party Web sites that may be linked to a PGAF site. This site may also be linked to Web sites operated by companies affiliated with PGAF. Visitors to those sites should refer to each site’s separate privacy policies and practices.
4. PARTICIPANT’S INDEMNIFICATION / OBLIGATIONS:
Participant agrees to defend, indemnify and hold harmless PGAF, its parent, subsidiary and affiliated companies and their respective directors, officers, employees and agents from and against all claims, losses, costs and expenses (including attorneys fees) arising out of Participant’s use of PGAF sites, or arising out of any violation of these Rules of Conduct by Participant including, without limitation, any communication by Participant which is claimed to be defamatory, obscene or otherwise unlawful, which is claimed to violate the copyright, trademark, proprietary or other rights of third parties, or which constitutes a submission of materials.
PGAF shall have the right to immediately terminate any Participant’s use of the PGAF site if PGAF determines in its sole discretion that Participant has violated the Rules of Conduct set forth herein or otherwise breached this agreement, or has engaged in conduct which PGAF determines in its sole discretion to be unacceptable.
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. This Agreement shall be construed in accordance with the laws of the State of California, and parties consent to the jurisdiction of the courts in the Central District of California, County of Los Angeles, without regard to its conflict of laws rules.
The PGAF site contains neither expressed no implied warranties for use. PGAF does not warrant that the site will be without viruses or defects, and PGAF is not responsible for any repair or maintenance visitor’s system may require as a result of using the PGAF site.
This site is operated by PGAF from its headquarters in Beverly Hills, California. Participants attempting to access this site from other locations do so of their own volition and shall comply with any applicable local laws governing interactive sites.
© 2014 Producers Guild of America Foundation. All Rights Reserved.