Basic Terms of Use
Welcome to producedbyconference.com (the “site” or the “website”), which is operated by the Produced By Conference and the Producers Guild of America, located at 8530 Wilshire Blvd., Suite 450; Beverly Hills, CA 90211 (“the Produced By Conference,” “the Conference,” “we,” “our,” or “us”). This site is meant to provide information about the 2010 Produced By Conference.
These Terms of Use, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on the site (collectively referred to as the site’s “Terms and Conditions” and the “Agreement”), and the site’s Privacy Policy, set forth the terms and conditions that apply to your use of producedbyconference.com. By using the site, you agree to comply with all of the Terms and Conditions described herein, so please read these them carefully. If you do not agree to be bound by these Terms and Conditions, you are not authorized to use this site.
We reserve the right to modify the Terms and Conditions, or any part thereof, or add or remove terms at any time. Any such modifications, additions or deletions will be effective immediately upon posting. Your use of the site after such posting will be deemed to constitute acceptance by you of any such changes.
Additionally, we may change or discontinue any aspect, feature or service of the site at any time.
If you see objectionable content or have questions about any of our Terms and Conditions, please contact the Conference at info@producedbyconference.com.
Intellectual Property: Copyright
All content appearing on the site is the property of the Conference or its licensors or suppliers and is protected under the copyright laws of the United States and/or other countries. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the site’s content, in whole or in part. You may download copyrighted material for your personal use only, and you acknowledge that you do not acquire any ownership rights by downloading this material. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
We respect the rights of copyright owners. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe that your work appears on our site in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
- An electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of an exclusive right that has been allegedly infringed;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on our site, and information reasonably sufficient to permit us to locate the material;
- Your address, telephone number and email address;
- A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
All notifications that fail to comply with the requirements listed above shall not be considered sufficient notice. Additionally, please be advised that there may be penalties for filing false claims under the DMCA; thus, we suggest that you consult your legal advisor before filing a notice with our copyright agent.
Our copyright agent, for notice of claims of copyright infringement, can be reached as follows:
Name: Emily Kimmel
Address: 8530 Wilshire Boulevard, Suite 450; Beverly Hills, CA 90211
Phone: (310) 358-9020
Email: copyright@producersguild.org
Intellectual Property: Trademarks
Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress and service names included in the website are trademarks of the Conference, or our licensors, sponsors or suppliers and are protected by the trademark laws of the United States and/or other countries. The trademarks may not be used in any manner that is likely to disparage or discredit the Conference, its licensors, sponsors or suppliers.
Community Guidelines and Other Submissions
The site may contain interactive features such as comment sections, bulletin boards, and discussion forums in which you may post or upload “user content” such as comments, video, photos, messages or other information. You are solely responsible for your use of any of these interactive features, and you use them at your own risk.
You agree that you will not engage in any activity on our site that constitutes a criminal offense or could give rise to civil liability. Further, you warrant and represent that:
- You own the proprietary rights to any user content that you submit;
- Any user content that you submit is not and will not be defamatory or libelous to any party; and
- Any user content that you submit does not and will not infringe any party’s intellectual property, publicity, privacy or other rights.
You agree not to upload material that:
- Is fraudulent;
- Infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Is offensive to the online community—including material that:
- May defame, harass, stalk or threaten others;
- Blatantly expresses bigotry, racism, abusiveness, obscenity, vulgarity or profanity; or
- Violates any local, state, national or international law or gives rise to civil liability.
- Links to materials or other content, directly or indirectly, to which you do not have the right to link;
- Contains a virus or other harmful and disruptive content;
- Could disrupt or interfere with our site or the networks or servers connected to the site;
- Transmits unauthorized or unsolicited advertising, spam, chain letters, or any other form of solicitation; or
- Solicits personal information from other users of our site.
Should you upload material to our site that violates this provision, you agree that you shall be solely liable for any damage resulting from that action.
Grant of License to User Content
By uploading user content, you automatically grant to us, and represent and warrant that you have the right to grant a non-exclusive, perpetual, irrevocable, royalty-free right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit it in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such user content.
You also agree that no submission of user content shall impose any obligation on us, whether of attribution or otherwise, and we shall not be liable for any use or disclosure of user content that you post.
Monitoring
You acknowledge and agree that we do not and shall not have any obligation to review user content, and therefore we do not guarantee its accuracy, integrity or quality. We do, however, retain the right to monitor user content that is uploaded to the site to determine if it is in compliance with these terms and conditions and to satisfy any law, regulation or authorized government request. We reserve the right to screen, edit, refuse to post or remove without notice any user content at any time and for any reason.
Links
Links to other websites may be available on our site. We have no control over third party websites. We do not endorse and are not responsible or liable for any content, advertising, services, products or other materials that may be on or available from these websites. You acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products or other materials on or available from third party websites. All such websites shall be subject to the policies and procedures of the owners of such websites.
Release
You agree that we will not be responsible or liable for loss or damage of any sort incurred as the result of your use of the site. If there is a dispute between you or any organization and/or individual you find in or through the site, you understand and agree that we are under no obligation to become involved. Further, you hereby release the Produced By Conference, the Producers Guild, their officers, directors, agents, employees, volunteers, affiliates, successors, assigns, and subsidiaries from claims, demands and damages of every kind, known, or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or use of the website.
If you are a California resident, you waive California Civil Code section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, must have materially affected his or her settlement with the debtor.”
Disclaimer
The site is provided on an “as is” or “as available” basis, without any warranties of any kind. You agree that use of the site is entirely at your own risk.
The Conference expressly disclaims all implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement and proprietary rights to the fullest extent permitted by law.
The Conference does not promise that the website will be error-free or uninterrupted; or that use of the website, or any of its content (including searches or links), will produce certain results. Additionally, it cannot ensure that files you download from the website will be free from viruses or contamination or destructive features.
The Conference expressly disclaims any warranties for services or products found in or through the website. Additionally, the Conference disclaims any and all liability for the acts, omissions, and conduct of any users, advertisers and/or sponsors of the website, in connection with website, or otherwise related to its use. Without limiting the foregoing, you may report the misconduct of users, advertisers, sponsors, and service and/or product providers referenced on or included in the website to the Conference at: info@producedbyconference.com. The Conference may, at its sole discretion, investigate the claim and take appropriate action.
Limitations of Liability
Except in jurisdictions where such provisions are prohibited, the Conference shall not, under any circumstances, be liable for direct, indirect, incidental, special, consequential, exemplary, or punitive damages; whether those damages might arise from use or misuse of the website, or from services, products or information received through or in connection with the website. This limitation of liability applies even if the Conference has been advised of the possibility of such damages.
The aforementioned limitations will apply to the fullest extent permitted by law.
Indemnification
You agree to indemnify, defend and hold the Producers Conference, the Producers Guild of America, their officers, directors, agents, employees, volunteers, affiliates, successors, assigns, and subsidiaries harmless from any claim, expense or demand, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. You agree that we will not be liable in any way for the accuracy, reliability, or quality of any user content, and that you shall hold us harmless for any errors or omissions in any user content posted by you, or any loss or damage of any kind incurred as a result of the use of any user content posted by you.
Governing Law
You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding conflict of laws provisions. You hereby submit to exclusive jurisdiction in the federal and state courts of California, and you agree to expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
General
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Any failure of ours to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter thereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
This Privacy Policy tells you how we use and protect your personal information. It only covers information that is collected through producedbyconference.com (hereinafter referred to as the “site”). By using this site, you agree to comply with this policy, as well as the site’s Terms and Conditions, so please read them carefully.
This policy does not cover information that may be collected through sites or software that are linked to the site. If you disclose your information to others, different rules may apply to their use or disclosure of the information you disclose to them. The Produced By Conference and the Producers Guild of America, their officers, directors, agents, employees, volunteers, affiliates, successors, assigns, and subsidiaries (hereinafter referred to as “we,” “us,” and/or the “Conference”) do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.
Collection of Data on the Site
In general, you can browse public areas of producedbyconference.com without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to the site.
The site collects and stores information including, but not limited to:
- Email Address;
- Full Name;
- Title;
- Phone Numbers;
- Fax Numbers;
- Addresses;
- Payment Information;
- Photos;
- Videos;
- Audio Recordings; and
- Correspondence sent through the site.
We also collect and store information from your interactions with the site; including computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information.
If you choose to provide personal information, you consent to the transfer and storage of that information on the site’s servers.
Security
We treat data as an asset that must be protected and employ tools protect your personal information from unauthorized access and disclosure. Nevertheless, we cannot promise, and you should not expect, that your personal information or private communications will always remain private. Third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site.
If you access the site from a shared computer or unprotected network (such as a public library or an internet café), your information may also be visible to other individuals who use the computer after you. Please ensure that you properly end your session before leaving the computer.
Our Retention and Disclosure of Your Information
We retain information from closed accounts to comply with the law, enforce our policies, prevent fraud, assist with any investigations, and take other actions otherwise permitted by law.
We may disclose personal information that you provide to respond to legal requirements, enforce our policies, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.
We may also share your personal information with service providers, such as website programmers, who help with our business operations.
Without limiting the above, we will not disclose your personal information to law enforcement, or other third parties without a subpoena, court order or substantially similar legal procedure, unless we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.
Cookies
We use "cookies" (small files placed on your hard drive) on some of our pages to do the following:
- Collect statistics on our web page flow;
- Customize our services, content and advertising; and
- To help identify you and maintain your signed-in status.
Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits.
You may encounter cookies from third parties that the Conference does not control. For example, if you view a web page created by one of the Conference’s advertisers, there may be a cookie placed by that web page. The Conference and its site cannot be responsible for these cookies.
Marketing
We will not sell or rent personal information that you provide to the site to third parties without your explicit consent. We may use your information along with information we collect from other users to improve and personalize our services, content and advertising.
No Spam, Spyware or Spoofing
This site does not tolerate spam. You may not add any user to your mailing list (email or physical mail) without that user’s express consent. Additionally, you may not use the site’s communication tools to send spam or otherwise send content that would violate this policy or the site’s Terms and Conditions.
Please report site-related spam or spoof emails to: info@producedbyconference.com.
Children Under Age 13
We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register for this site or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to the site.
In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at info@producedbyconference.com.
Children Between the Ages of 13 and 18
We recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet.
General
We may amend this Privacy Policy at any time by posting the amended terms on this site. If we make material changes to this policy, we will notify you here, via email, or through notice on the site’s home page.
All amended terms automatically take effect 10 days after they are initially posted on the site. If you have questions or concerns about any changes, please contact us at: info@producedbyconference.com.
You may also contact us by mail at the address below.
Produced By Conference Website
8530 Wilshire Blvd., Suite 450
Beverly Hills, CA 90211
