The
Entertainment Industry Foundation maintains this site as a service to its
donors and supporters. By using this Web site ("the Entertainment Industry
Foundation 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 Entertainment Industry Foundation 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 Entertainment Industry Foundation site indicates your agreement
with any such changes.
1.
Copyright.
Ownership
All content included on the Entertainment Industry
Foundation 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
Permitted
use
The content and software on the Entertainment Industry
Foundation 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 Entertainment Industry Foundation 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 Entertainment Industry
Foundation site is strictly prohibited. You may not copy, reproduce or
distribute the design or layout of the Entertainment Industry Foundation site,
the Entertainment Industry Foundation logos or other design elements or
software.
Copyright
complaints
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
Entertainment Industry Foundation 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 Entertainment
Industry Foundation 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 Entertainment Industry Foundation site can be reached as
follows: Seth Perlman, Perlman
& Perlman, 220 Fifth Avenue, 7th Floor, New York,
NY 10001-7708.
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 admin@eifoundation.org; 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 and EIFOUNDATION.ORG. 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 ENTERTAINMENT INDUSTRY FOUNDATION SITE IS AT YOUR SOLE
RISK. THE ENTERTAINMENT INDUSTRY FOUNDATION 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 Entertainment
Industry Foundation 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
Entertainment Industry Foundation 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
Entertainment Industry Foundation 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.
7.
Limitation of liability
THE
ENTERTAINMENT INDUSTRY FOUNDATION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE
INABILITY TO USE THE ENTERTAINMENT INDUSTRY FOUNDATION 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 ENTERTAINMENT INDUSTRY FOUNDATION 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.
8.
Indemnification
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.
9.
Termination
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
Entertainment Industry Foundation site and/or any other service provided to you
by the Entertainment Industry Foundation.
10.
Applicable law; Consent to jurisdiction
The
Entertainment Industry Foundation site (excluding linked sites)
are controlled by The Entertainment Industry from its offices within the
State of
You agree
that exclusive jurisdiction for any dispute with the Entertainment Industry
Foundation, or in any way relating to your use of the Entertainment Industry
Foundation 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.
11. Miscellaneous
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.