Last revised November 27, 2002
When you visit Actorschecklist Site you can expect to be informed about:
1. What information Actorschecklist Site gathers about its site visitors;
2. What Actorschecklist does with the information it gathers;
3. With whom Actorschecklist shares the information it gathers;
4. Actorschecklist’s policy on deleting information;
5. Actorschecklist’s policy on correcting or updating personally identifiable information.
INFORMATION THAT Actorschecklist COLLECTS:
Actorschecklist gathers personal information about visitors to the Actorschecklist Site (“Site Visitors”) from three different sources: (a) personal information that individual Site Visitors provide when using or registering to use one or more of our services; (b) personal and contact information that Site Visitors provide when voluntarily participating in contests, sweepstakes, and other promotions; and (c) through merchandise purchase transactions through the Actorschecklist Site. In addition, user information is aggregated for tracking data derived by tallying and identifying users’ page views throughout our Site, by depositing and tracking cookies, by logging IP addresses, identifying browser type, and through other technologies. Such information enables us to better tailor our content to readers’ needs and to help advertisers and partners better understand the demographics of our audience. Actorschecklist gathers user information in the following processes:
General Data Collection
During the course of registration and in other areas of the Site, users may be invited to receive a free Email subscription to the Actorschecklist.com Newsletter and various other Email updates and bulletins that we send out on a periodic basis containing items that we hope will be of interest to Site Visitors. In order to receive the Newsletter, Site Visitors must “opt in” by affirmatively checking the appropriate box, clicking the appropriate link, or otherwise responding to an invitation to subscribe by “opting in” to the Newsletter subscription. Site Visitors must provide their Email address in order to receive the Newsletter. Newsletter subscribers who wish to remove themselves from this mailing list can do so by following the link provided in every newsletter, or by visiting the “unsubscribe” page on the main Actorschecklist.com site, located at http://www.Actorschecklist.com/____________________.
We may provide message boards and other forums on our Site for discussing various topics (collectively, the “Forums”). Although any Site Visitor may read postings in a Forum, only registered Site Visitors can make posts. Please note that information you post to a Forum will be available for any user of that service to read, and is therefore no longer private.
Various Periodic Surveys/Polls
We may ask Site Visitors to participate in surveys from time to time which are typically aimed at obtaining general or demographic information about Site Visitors. Because information obtained in these surveys may be connected with individual Site Visitors and is used internally to better market our services, participation is voluntary. Data collected from these surveys may be shared with third parties in aggregate form, but such data will not be linked to any personally identifying information provided to us.
Sweepstakes and Contests
If you purchase products or services on our Site, we may collect additional information from you, such as your address, phone number, payment information, or shipping information. We will not release payment information to third parties except as necessary to complete a transaction between you and such third party, or to otherwise fulfill your order. Credit card transactions are handled by a third-party service provider, which receives the credit card number and other personal information only to verify the credit card number and process transactions.
HOW Actorschecklist USES AND SHARES INFORMATION:
We work with third parties who provide services which may include website hosting, order processing and fulfillment, credit card clearance, e-commerce affiliation, data analysis, Emailing, and other services of an administrative nature. Personal information, including financial information, may be shared with such third parties for the purpose of providing such services. We seek to impose confidentiality obligations on such service providers.
You may correct or update information contained in your user profile at any time online by visiting http://www.Actorschecklist.com/cgi-bin/c2k/profile_signin.html, entering your Email address and password, clicking “Submit” to enter the update area, and entering new information on the update profile page (click “Submit” on the update page to save changes).
LEAVING THE SITE:
Please note that third parties may collect information about you, through cookies or other technologies, when you link to their websites through our Site. You acknowledge that we do not monitor or control the information collection or privacy practices of these or any other third parties, and are not responsible for their practices or the content of their websites. We encourage you to review the privacy policies of such third parties to understand how they collect and use information.
We use reasonable security methods to protect the data that resides on our servers. Yet because no security system is impenetrable, we cannot guarantee the security of our servers. It is also possible that information you supply to us will be intercepted during transmission.
REVISIONS TO POLICY:
Thank you for visiting the Actorschecklist Site!
RESTRICTIONS ON USE OF MATERIALS
All materials contained in any Actorschecklist Site are the copyrighted property of Actorschecklist Film Corp., or its subsidiaries or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to Actorschecklist Film Corp. or its affiliates. No material from any Actorschecklist Site or any Internet site owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from any Actorschecklist Site. For purposes of these terms, the use of any such material on any other Web site or computer environment is prohibited. All trademarks, service marks, trade names and trade dress are proprietary to us.
In the event you download software from any Actorschecklist Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third party licensors for your personal, non-commercial home use only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or third party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
We are pleased to hear from our users and welcome your comments regarding our products and services. Unfortunately, however, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials such as stories or ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us).
If, at our request, you send certain specific submissions (e.g., postings to chat, boards, or contests) or, despite our request, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
FORUMS AND PUBLIC COMMUNICATION
“Forum” means a chat area, message board, or Email function offered as part of any Actorschecklist Site. If you participate in any Forum within a Actorschecklist Site, you must not:
defame, abuse, harass or threaten others;
make any bigoted, hateful or racially offensive statements;
advocate illegal activity or discuss illegal activities with the intent to commit them;
post or distribute any material that infringes and/or violates any right of a third party or any law;
post or distribute any vulgar, obscene, discourteous or indecent language or images;
advertise or sell to, or solicit others;
use the Forum for commercial purposes of any kind;
post or distribute any software or other materials which contain a virus or other harmful component; or
post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.
We reserve the right to remove or edit content from any Forum at any time and for any reason.
By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived.
When participating in a Forum, never assume that people are who the say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user generated content area. Information obtained in a Forum may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information.
CONTENT LINKED TO ANY Actorschecklist SITE
Please exercise discretion while browsing the Internet using any Actorschecklist Site. You should be aware that when you are on a Actorschecklist Site, you could be directed to other sites that are beyond our control. There are links to other sites from Actorschecklist pages that take you outside of our service. For example, if you “click” on a banner advertisement or a search result, the “click” may take you off the Actorschecklist Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on Actorschecklist Sites may send cookies to users that we do not control.
We reserve the right to disable links from third party sites to any Actorschecklist Site.
We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to a Actorschecklist Site.
Please keep in mind that whenever you give out personal information online --- for example, via message boards or chat --- that information can be collected and used by people you don’t know. While Actorschecklist strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.
THE MATERIALS IN THIS ACTORSCHECKLIST SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY ACTORSCHECKLIST SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY ACTORSCHECKLIST SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY ACTORSCHECKLIST SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any Actorschecklist Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Actorschecklist Site or third party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Search and Directory are free services offered by us. Because the Web changes constantly, no search engine technology can possibly have all accessible sites at any given time. Thus, we explicitly disclaim any responsibility for the content or availability of information contained in our search index or directories.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY Actorschecklist SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY Actorschecklist SITE.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED “AS IS”, AND THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. SERVICE PROVIDER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.
SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
These terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, 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. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We may give notice to our users by means of a general notice on any Actorschecklist Site, electronic mail to a user’s Email address on our records, or by written communication sent by first class mail to a user’s address on our records.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. See Notice and Procedure for Making Claims of Copyright Infringement.
Notification must be submitted to the following Designated Agent:
Cool Fire Technology, LLC
P.O. Box 175
New York, NY 10011
Telephone Number of Designated Agent: (646) 875-8554
Facsimile Number of Designated Agent: (646) 875-8554
To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
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;
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;
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;
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.
2002 Actorschecklist all rights reserved.
Law Firm Name Goes Here
Law Firm Address Goes Here
City, State, Zip Code Here
Note: Only copyright complaints should be sent to agent. No other communications will be accepted or responded to.
MATERIALS POSTED BY OTHERS:
You agree that Service Provider and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
You agree to indemnify Service Provider and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Service, or from your breach of this Agreement, or from any such acts through your use of the Service.
EDITING AND DELETIONS:
Service Provider reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the Service or its bulletin boards, in its sole discretion, without notice.
Service Provider reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Service. Such additional rules will be posted in the relevant parts of the Service, and will be clearly identified. Your continued use of the Service constitutes your agreement to comply with these additional rules.
TERMINATION OF ACCESS TO THE SERVICE:
Service Provider has the right to terminate your ability to access the Service, for any or no reason, without notice.