The Entertainment Industry Foundation maintains this site as a service to its donors and supporters. By using this Web site ("the iparticipate.org site"), you are agreeing to comply with and be bound by the following Terms of Service and the Entertainment Industry Foundation Privacy Statement. If you do not agree with these Terms of Service, do not use the iparticipate.org site! The Entertainment Industry Foundation may revise and update these Terms of Service at any time; please periodically review them, because your continued usage of the iparticipate.org site indicates your agreement with any such changes.
1. Copyright Ownership
All content included on the iparticipate.org site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of the Entertainment Industry Foundation or its content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on the iparticipate.org site is the exclusive property of the Entertainment Industry Foundation and protected by U.S. and international copyright laws. All software used on the iparticipate.org site is the property of the Entertainment Industry Foundation or its software suppliers and protected by U.S. and international copyright laws.
The content and software otn the iparticipate.org site may be used as an information and registration source. In addition, the Entertainment Industry Foundation hereby authorizes you to view, copy, download, and print for personal use only any Entertainment Industry Foundation owned content on the iparticipate.org site. Such personal use is subject to the following conditions: (i) content may be used only for non-commercial, informational purposes and may not be posted or distributed, (ii) the content may not be modified, and (iii) copyright, trademark and other proprietary notices may not be removed. This permission does not extend to materials licensed to the Entertainment Industry Foundation. Any other use of the content on the iparticipate.org site is strictly prohibited. You may not copy, reproduce or distribute the design or layout of the iparticipate.org site, the Entertainment Industry Foundation logos or other design elements or software.
The Entertainment Industry Foundation respects the intellectual property of others, and we ask our content partners and donors to do the same. If you believe that your copyrighted work has been copied and is accessible on the iparticipate.org site in a way that constitutes copyright infringement, you may notify the Entertainment Industry Foundation by providing the Entertainment Industry Foundation's copyright agent the following information:
- a) an electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
- b) A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
- c) Identification of the location where the original or an authorized copy of the work exists, for example the URL (i.e., Web page address) where it is posted or the name of the magazine in which it has been published.
- d) Identification of the URL or other specific location of the iparticipate.org site where the material that you claim is infringing is located, including enough information to allow us to locate the material.
- e) Your name, address, telephone number and e-mail address.
- f) A 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.
- g) A statement by you, made under the penalty of perjury, that the above information in your notice is correct and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Entertainment Industry Foundation's agent for notice of claims of copyright infringement on the iparticipate.org site can be reached as follows: Seth Perlman, Perlman & Perlman, 41 Madison Avenue, Suite 4000, New York, NY 10010.
2. Permitted use of the Entertainment Industry Foundation trademarks.
The Entertainment Industry Foundation trademarks identify the Entertainment Industry Foundation products and services, and let the public know the source of those products and services. You may make fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. Other uses require written permission from the Entertainment Industry Foundation. Please make such requests by e-mail to email@example.com; we will evaluate your request as soon as possible. The Entertainment Industry Foundation tradenames are the Entertainment Industry Foundation and EIFOUNDATION.ORG. The Entertainment Industry Foundation's trademarks include the Entertainment Industry Foundation, EIFOUNDATION.ORG, IPARTICIPATE.ORG, and I PARTICIPATE. This list is not exhaustive; the Entertainment Industry Foundation may own other trademarks that are not included here.
3. Links; Third party services; Promotional messages
As a convenience to our donors and friends, we may provide links to third-party Web sites. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. You hereby waive any claim you might have against the Entertainment Industry Foundation with respect to such linked sites.
4. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE IPARTICIPATE.ORG SITE IS AT YOUR SOLE RISK. THE IPARTICIPATE.ORG SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE ENTERTAINMENT INDUSTRY FOUNDATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT THE ENTERTAINMENT INDUSTRY FOUNDATION IS NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE ENTERTAINMENT INDUSTRY FOUNDATION ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
The Entertainment Industry Foundation makes no warranty that the iparticipate.org site services will be uninterrupted, secure or error free. The Entertainment Industry Foundation does not guarantee the accuracy or completeness of any information in, or provided in connection with, the iparticipate.org site. The Entertainment Industry Foundation is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the iparticipate.org site is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.
5. Limitation of Liability
THE ENTERTAINMENT INDUSTRY FOUNDATION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES:
(A) RESULTING FROM THE USE OR THE INABILITY TO USE THE IPARTICIPATE.ORG SITE OR
(B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR
(C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE IPARTICIPATE.ORG SITE OR
(D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF THE ENTERTAINMENT INDUSTRY FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold each of the Entertainment Industry Foundation and its officers, employees and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Entertainment Industry Foundation Web site, the violation of these Terms and Conditions by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
iParticipate.org is pleased to hear from its customers and welcomes your comments regarding iParticipate.org products and services, including this Site. In this connection, we request that your comments be specifically related to our products and services and nothing else.
If you send, post, or otherwise transmit any text, files, links, software, photographs, video, sound, music, feedback, comments, suggestions, or other information or material, including, without limitation, name, likeness, personal medical information (all whether concerning you or a third party) (collectively, the "Submissions") to any part of the Site or Services, whether or not requested to do so by iParticipate.org, you shall be deemed to have granted to iParticipate.org a worldwide, royalty-free, non-exclusive, transferable, sub-licensable, perpetual license to cache, copy, distribute, transmit, publicly display, publicly perform, reproduce, revise and otherwise use the Submissions on the Site, the Services and in any other media, digital or analog, now known or hereafter invented, including, but not limited to, the internet, television programs, DVDs, mobile devices, outdoor media, and in advertising or promotion, print or otherwise; provided that any reproduction, revision or other uses that iParticipate.org may make of the Submissions shall be consistent with and in furtherance of iParticipate.org's mission.
For the avoidance of doubt, by submitting your Submission you understand and agree that: (a) any Submissions you submit may become viewable by the public on the Site or elsewhere; (b) iParticipate.org has the right to publish your name in connection with your Submissions, wherever applicable; (c) you will only submit Submissions that you own or have permission to submit from the owner, in which case you will provide iParticipate.org a copy of a written consent from the owner, upon iParticipate.org's request; and (d) your Submission constitutes a waiver of the right to privacy or publicity of the owner of the Submission and any third party named in it with respect to the Submission and all of its contents.
iParticipate.org will have no obligation to pay you any compensation with respect to its use or nonuse of your Submissions, and is under no obligation to post or use any Submissions you may provide. iParticipate.org may remove any Submissions at any time in its sole discretion. You may request the removal of your Submissions for any reason on reasonable written notice to iParticipate.org, on receipt of which iParticipate.org will take commercially reasonable steps to comply.
WE MUST ASK YOU TO BE VERY CAREFUL IN YOUR SELECTION OF WHAT INFORMATION YOU CHOOSE TO INCLUDE IN YOUR SUBMISSION, AS SUCH INFORMATION MAY BE VIEWABLE BY THE PUBLIC IMMEDIATELY UPON YOUR SUBMISSION AND MAY NOT BE REMOVED UNTIL A REQUEST FOR REMOVAL IS FILED AND EVENTUALLY PROCESSED BY IPARTICIPATE.ORG.
By submitting your Submission, you agree to indemnify and hold iParticipate.org (and its funders, successors, parents, subsidiaries, affiliates, officers, directors, agents, developers, joint venturers, networks, distributors and attorneys) harmless for any and all claims, damages, losses, and causes of action arising as a result of your Submissions, or your violation or claimed violation of any law or rights of a third party, or any other breach or claimed breach of the Terms Of Service. iParticipate.org does not and cannot review all Submissions and is not responsible for the content or substance of these Submissions. However, iParticipate.org reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems to be abusive, defamatory, obscene, in violation of copyright or trademark laws, or in violation of any person's rights of privacy or publicity, or otherwise unacceptable.
IPARTICIPATE.ORG SERVICES AND RULES FOR USE
REGISTRATION AND ACCEPTANCE OF TERMS
In order to access some features of the Site and the Services, you may have to create or register for a User Account. In consideration for your use of the Services, you agree to (i) comply with the Rules, (ii) provide accurate, complete and true information about yourself as may be required on any registration form for Services (your "Registration Information") in order to create your User Account, and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate the Rules, or provide inaccurate, false, or non-current Registration Information may, at iParticipate.org's sole discretion, have their User Accounts suspended or terminated, and may be permanently banned from using any current or future Services.
As part of your User Account, you will be responsible for creating, and maintaining the confidentiality of, your user name and password. We ask that you select a user name other than your real name or the real name of any other person. We also urge you to memorize your password or keep it in a secure place, away from the rest of your User Account information, as sharing your password with others may lead to unauthorized access to your User Account and the information therein. You agree that you will (i) immediately notify iParticipate.org of any unauthorized use of your User Account, and (ii) ensure that you properly exit all Services at the completion of your use session. You are solely responsible for the activity that occurs on your User Account. iParticipate.org shall have no liability for any loss or damage arising from your use of a User Account, the Site or any Service, or your failure to comply with these requirements. iParticipate.org will not be liable for any losses caused by any unauthorized use of your User Account, but you may be liable for the losses of iParticipate.org or others due to such unauthorized use.
GUIDELINES FOR USE OF THE SERVICES
You are entirely responsible and liable for all activities conducted by you, and/or any other user of your User Account and of the Services, including the transmission, posting, or other provision of a Submission to any portion of the Services. Listed below are some, though not all, violations that may result in iParticipate.org terminating or suspending your User Account and/or access to iParticipate.org Services. You agree not to do any of the following actions while using any iParticipate.org Service:
- 1. Harass, threaten, embarrass or cause distress or discomfort upon another Service participant, user, or other individual or entity;
- 2. Transmit, in connection with any Service, any Submission that iParticipate.org, in its sole discretion, advises to be false, inaccurate, misleading, disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, vulgar, obscene, hateful, or racially or ethnically-motivated, or otherwise objectionable;
- 3. Distribute viruses or any other technologies that may harm the Site, the Service, or the interests or property of our users and partners;
- 4. Harvest or otherwise collect information about users, including email addresses, , about users or third parties whose information is made available on the Site, without their consent;
- 5. Use any robot, spider, scraper or other automated means to access the Site or the Services for any purpose without our express written permission;
- 6. Cause any chat room screen in any chat room to "scroll" faster than other users are able to type to it or any action of a similar disruptive effect;
- 7. Impersonate in any Service, any person, including but not limited to, a iParticipate.org official or representative, chat or message board leader, guide or host;
- 8. Disrupt the normal flow of dialogue in a chat room or otherwise act in a manner that negatively affects other participants;
- 9. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Services;
- 10. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law while using or accessing any Services;
- 11. Submit material that is subject to intellectual property protection, including, but not limited to, copyright, trademark, or patent rights, or otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post said material and to grant us all of the license rights granted herein.
- 12. You understand that any content that you upload and/or post on the Site or any Service shall constitute a Submission for all purposes of these Terms of Service
Any user may report abuse of the Rules by emailing firstname.lastname@example.org.
The Entertainment Industry Foundation reserves the right, at its sole discretion, immediately and without notice to suspend or terminate (i) these Terms of Service; (ii) your registration with or ability to access the iparticipate.org site and/or any other service provided to you by the Entertainment Industry Foundation.
9. Applicable Law; Consent to Jurisdiction
The iparticipate.org site (excluding linked sites) are controlled by The Entertainment Industry from its offices within the State of California, United States of America. The iparticipate.org site can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing the iparticipate. org site both you and the Entertainment Industry Foundation agree that the statutes and laws of the State of California, without regard to the conflict of laws, principles or choice of law thereof, will apply to all matters relating to use of the iparticipate.org site.
You agree that exclusive jurisdiction for any dispute with the Entertainment Industry Foundation, or in any way relating to your use of the iparticipate.org site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any dispute including any claim involving the Entertainment Industry Foundation or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these terms shall be declared unlawful by a court of competent jurisdiction, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
The Entertainment Industry Foundation may assign its rights and obligations under these Terms of Service and upon such assignment the Entertainment Industry Foundation may be relieved of any further obligation hereunder.