- General Provisions
- Changes at The Web Site
- Use of Materials on This Web Site
- Code of Conduct
- Disclaimer/Limitation of Liability
- Linked Sites
- Copyright Claims
- Termination of Use
- Communications to MPTF
MPTF may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the Web Site, temporarily or permanently, including the availability of any features of the Web Site or access to any parts of the Web Site, at any time with or without notice to you. You agree that MPTF shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Web Site.
The trade names, trademarks, logos and service marks (collectively the “Trademarks”) displayed on this Web Site are registered and unregistered trademarks of MPTF, its affiliates and others. Nothing contained on the Web Site may be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Web Site without the written permission of MPTF or such third party that may own the Trademark displayed on the Web Site. Your misuse of the Trademarks displayed on the Web Site, or any other content on the Web Site, except as provided herein, is strictly prohibited.
MPTF’s registered trademarks include, without limitation, the following:
- Motion Picture and Television Fund®
- The Industry Advantage Health Plans®
- The Industry Health Network
- The Industry Advantage Health System
- Before & After Productions
- We Take Care of Our Own®
- Your Best Supporting Role
- The Film Strip Graphic Design®
- The Night Before®
- The Evening Before
- A Fine Romance®
- Heartbeat of Hollywood Robby Rabbit
- Golden Boot®
Other registered trademarks displayed and used by MPTF with permission include:
- Blue Cross of California™ is an independent licensee of Blue Cross Association
- Blue Cross Senior Secure™ is a service mark of Blue Cross Association
- CaliforniaCare® is a registered trademark of WellPoint Health Networks, Inc.
- Emmy® is a registered trademark of Academy of Television Arts & Sciences
- Oscar® is a registered trademark of Academy of Motion Picture Arts & Sciences
MPTF maintains this Web Site for your personal information, education, and communication. Please feel free to browse the Web Site, however, without MPTF’s prior written permission, you may not alter, reproduce, display, upload, download, re-distribute, transmit, create derivative works based on, or otherwise use the content of this site, except that you may download one copy of the material available on the Web Site on one computer for your personal, non-commercial home use only, without deleting or altering any copyright, trademark, or other proprietary notices.
In using or accessing the Web Site, you agree, without limitation, to adhere to the following code of conduct (“Code of Conduct”) as the same may be revised from time to time by MPTF.
- Not to use the Web Site for commercial purposes
- Not to “spam” others or “phish” for others’ personal information
- Not to disrupt or interfere with the security of, or otherwise abuse, the Web Site, or any part of the Web Site
- Not to disrupt or interfere with any other user’s enjoyment of the Web Site
- Not to upload, post or otherwise transmit through or on the Web Site any viruses or other harmful, disruptive or destructive files
- Not to use, frame or utilize framing techniques to enclose any part of the Web Site without MPTF’s express prior written consent
- Not to “deeplink” to the Web Site without MPTF’s express prior written consent
- Not to create or use a false identity on the Web Site
- Not to collect or store personal data about others
- Not to attempt to obtain unauthorized access to the Web Site or portions of the Web Site that are restricted from general access
- Not to post at or transmit through the Web Site any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, violates any third party proprietary rights, or is in violation of any law or regulation
- Not to post any copyrighted (or other proprietary) material unless the copyright (or other proprietary right) is owned by you or you have the right to do so
- To otherwise use the Web Site in compliance with all applicable laws, rules and regulations
In the event MPTF determines or reasonably suspects that there is unlawful activity, harmful activity or activity otherwise in breach of the code of conduct occuring in connection with the web site, MPTF, MPTF’s business or web site users, as determined by MPTF in its sole discretion, MPTF reserves the right to take all actions and remedies available to it to protect the web site, MPTF, MPTF’s business and web site users, including, without limitation, filing complaints with local law enforcement agencies and restricting access to the web site.
User Content and User Content Features
The Web Site may offer opportunities for users to submit and post their own user content (collectively, “User Content”) in connection with various Web Site features, which may include, posting to blogs, communicating with other Web Site users, and posting comments to a public discussion forum (each, a “User Content Feature”). The selection of available User Content Features may change from time to time in MPTF’s sole discretion.
This means that any user content you submit to MPTF for posting at the web site may or may not be posted. You agree that MPTF shall not be liable to you for any posting or failure to post your user content to the website.
By submitting, transmitting, posting, uploading, modifying or otherwise providing User Content in connection with the Web Site, whether solicited or unsolicited, you are granting MPTF a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to publish, transmit, perform, display, create derivative works from and otherwise use such User Content for any purpose, including, without limitation, advertising and promotional purposes, in any media, now or hereafter known. No credit, approval or compensation is due to you for any such use of User Content you may submit. MPTF also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if you choose to provide such information in connection with User Content), city and state in connection with broadcast, print, online or other use or publication of your User Content. All User Content become the unrestricted licensed property of MPTF.
You represent and warrant that you own or otherwise control any and all rights in and to the User Content and that public posting and use of the User Content by MPTF will not infringe or violate the rights of any third party in any manner.
In your use of any User Content Feature, you agree, without limitation, not to upload, transmit, distribute or otherwise publish in any form any User Content that is:
- libelous, defamatory, obscene, abusive, pornographic, threatening or an invasion of privacy;
- an infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity;
- illegal in any way or advocates illegal activity;
- an advertisement or solicitation of funds, goods or services;
- a message posted by a user impersonating another;
- personal information such as messages which identify phone numbers, social security numbers, account numbers or addresses; or
- or could be considered bulk unsolicited communications.
The Web Site, in whole and in part, is provided on an “as is” and “as available” basis, without express or implied warranties of any kind, including, without limitation, warranties of title, implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, MPTF makes no warranty: (I) that the web site will function as intended or will be uninterrupted or error-free; (II) that defects or errors in the web site will be corrected; (III) that the web site will be free from viruses or other harmful components; (IV) as to the quality, accuracy, completeness and validity of any information or materials you receive in connection with the web site, including, without limitation, user content; (V) that your use of the web site will meet your requirements; or (VI) that data collected, stored or processed through the web site will be secure or error-free.
To the fullest extent permitted under applicable law, you expressly acknowledge and agree that you assume sole responsibility and risk for your use of the web site and the results and performance thereof (including, without limitation, your use of any user content or linked sites).
In no event and under no cause of action, including, without limitation, negligence, shall the MPTF parties be liable for any damages, claims or losses incurred (including, without limitation, direct, compensatory, incidental, indirect, special, consequential or exemplary damages), however caused and under any theory of liability, arising from or in connection with any of the following subject matter or circumstances, even if a MPTF party is advised of the possibility of such damages, claims or losses: (I) Your use of or inability to use the web site; (II) Any user content, whether provided by you or any third party; (III) Any linked site available through the web site; (IV) Any inaccuracy, incompleteness or misinformation contained in information provided through the web site. (V) Unauthorized access to, or alteration or loss of, your transmissions or data, or other information that is collected, stored or sent in connection with the web site; (VI) Errors, system down time, network or system outages, file corruption or service interruptions; (VII) Any modification, deletion or addition to your user content by MPTF or another the web site user; and (VIII) Any posting or failure to post user content you submit.
Some jurisdictions do not allow the disclaimer, exclusion or limitation of certain warranties, liabilities and damages, so some of the above disclaimers, exclusions and limitations may not apply to you. In such jurisdictions, MPTF parties’ liability will be limited to the fullest extent permitted by applicable law.
MPTF has not reviewed all of the sites linked to this Web Site (“Linked Sites”) and, whether or not affiliated with these sites, MPTF is not responsible for their content, your use of the content or any other matter involving such Linked Sites. The inclusion of any link to such sites does not imply endorsement by MPTF of the sites. The Linked Sites are for your convenience and you acknowledge and agree that you access them at your own risk.
MPTF respects the rights of all copyright holders and MPTF has adopted and implemented a policy that provides for notification and removal of content that allegedly infringes the rights of copyright holders. If you believe that your work has been copied at the Website in a way that constitutes copyright infringement, please provide MPTF’s copyright agent the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyright work claimed to have been infringed; (iii) 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 us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party; (v) 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; and (vi) 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.
MPTF’s copyright agent for notice of claims regarding the Web Site can be reached by writing to Legal Affairs Department, 23388 Mulholland Drive, Woodland Hills, California 91364 or at firstname.lastname@example.org.
Please note that under the same law any person who knowingly materially misrepresents that material or activity is infringing may be liable for damages, including costs and attorneys’ fees.
Unless otherwise expressly indicated, any communication or material you transmit to the Web Site by electronic mail or otherwise, including any personal data, questions or answers, comments or suggestions, is, and will be treated as, non-confidential and non-proprietary.
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