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Privacy Policy

Basic Terms of Use

Welcome to producedbyconference.com (the “Site” or the “Website”), which is operated by 2019 PRODUCED BY: NEW YORK (“the Conference”), the Producers Guild of America Foundation and the Producers Guild of America, Inc. (both entities, the “PGA” and, collectively with the Conference, “we,” “our,” or “us”). This Site is meant to provide information about the Conference to be held at Florence Gould Hall in New York City, NY, November 9, 2019.

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 Site’s Privacy Policy, set forth the terms and conditions that apply to your use of producedbyconference.com (the “Agreement”). By using the Site, you agree to comply with all of the Terms and Conditions described herein, so please read them carefully. If you do not agree to be bound by these Terms and Conditions, you are not authorized to use this Website.

We reserve the right to modify the Terms and Conditions, or any part thereof, or add or remove terms at any time. Please check these Terms and Conditions periodically for modifications, additions and/or deletions. 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 violate any terms of this Agreement, we may terminate your use of the Site, bar you from future use of the Site, forbid you from participating in or attending the Conference, and/or take appropriate legal action.

If you see objectionable content or have questions about any of our Terms and Conditions, please contact the PGA at myarbro@producersguild.org.

Intellectual Property: Copyright

All content appearing on the Site is the property of the PGA 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. The posting of information or materials on the Site does not constitute a waiver of any right in such information.

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 improperly utilized;
  • A description of where the relevant material 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 expressing your 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; we suggest that you consult your legal advisor and/or see Section 512(c)(3) of the DMCA before filing a notice with our copyright agent.

Our copyright agent, for notice of claims of copyright infringement, can be reached as follows:

Michael Yarbro
Corporate Counsel & Director of Arbitrations
Email: myarbro@producersguild.org
8530 Wilshire Blvd., Ste. 400
Beverly Hills, CA 90211
Phone: (310) 358-9020 ext. 113

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 (hereinafter “Marks”) are trademarks of the PGA, the Conference, or our licensors, sponsors or suppliers and are protected by the trademark laws of the United States and/or other countries. You may not use, modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit any Marks on this Site without express permission from the owner of the particular Mark.

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 do so 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 upon 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 and any other provision in the Terms and Conditions, 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.

Payments

We may use a third-party payment service to bill or process any payments online. The processing of payments will be subject to the terms, conditions, and policies of third-party payment services in addition to this Agreement. You acknowledge that we do not have control over the terms, conditions, and policies of such third-parties, and that we may change third-party payment services at any time. We have no automatic obligation to provide refunds or credits. Requests for a refund or credit will be evaluated on a case-by-case basis in our sole discretion.

Monitoring

You acknowledge and agree that we do not and shall not have any obligation to review user content, and therefore we cannot 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 Conference, the PGA, their officers, directors, agents, employees, volunteers, members, 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 that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

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.

We expressly disclaim 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.

We do 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, we cannot ensure that files you download from the Website will be free from viruses or contamination or destructive features, though the Site will make the best efforts to protect itself and its users from such features.

We expressly disclaim any warranties for services or products found in or through the Website. Additionally, we disclaim 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 PGA at: myarbro@producersguild.org. We may, in our sole discretion, investigate the claim and take appropriate action.

Limitations of Liability

Except in jurisdictions where such provisions are prohibited, we 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 we have 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 Conference, the PGA, their officers, directors, agents, employees, volunteers, members, 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 all relevant parties 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.

PRIVACY POLICY

This Privacy Policy tells you how we use and protect your personal information. The term “personal information” as used in this Privacy Policy shall mean any information that enables us to identify you, directly or indirectly, by reference to an identifier such as your name, identification number, location data, online identifier or one of more factors specific to you. It only covers information that is collected through 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.

The Site may contain links to other websites maintained by third-parties. This Policy does not cover information that may be collected through such third-party sites. If you disclose your personal information to others, different rules may apply to their use or disclosure of the information you disclose to them. No one from the Conference, the PGA, or their officers, directors, agents, employees, volunteers, affiliates, successors, assigns, and subsidiaries are in control of 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.

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 immediately after they are initially posted on the Site. If you have questions or concerns about any changes, please contact us at: myarbro@producersguild.org.

For purposes of the EU’s General Data Protection Regulation 2016 (the “GDPR”) the data controller is the PGA, located at 8530 Wilshire Blvd., Suite 450, Beverly Hills, CA 90211.

Collection of Data on the Site

We collect information in the following ways:

  1. Information You Provide to Us
    In order to register to participate in the Conference and/or view the Conference via live stream video or on-demand (“Registration”), you may be required to provide your personal information. The personal information collected as part of the Registration may include email address, full name, title, phone numbers, fax numbers, addresses, payment information, photos, videos, audio recordings and correspondence sent via the Site.
  2. Information We Collect
    We also collect and store technical information relating to visitors to our Site, including computer and connection information, IP address, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, and standard web log information.

We may also collect information about your visit, including pages you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to contact us by phone.

This information may be aggregated to measure the number of visits, average time spent on a site, pages viewed, etc. We use this information to measure the use of our Site and to improve the content we offer.

If you choose to provide personal information, you consent to the transfer and storage of that information on the Site’s servers.

  • How We Use Personal Information
    We will process your personal information for the following purposes in line with our contractual or legal obligations, or our legitimate interests:
  • to review and process Registration for the Conference;
  • to contact individuals whose personal information is included in a Registration in order to verify their personal information;
  • to ask or respond to questions and provide related services;
  • to confirm your identity and detect and prevent fraud or other crime;
    to monitor and protect the security of our information, Site, systems, and network;
  • to ensure that content from our Site is presented most effectively for you and your device and to display content based upon your interests;
  • to conduct research and to understand general trends and patters so we can develop and support existing and ongoing marketing strategies; and
    to conduct other marketing and commercial activities.

Security

We treat data as an asset that must be protected and employ tools to protect your personal information from unauthorized access and disclosure. Nevertheless, we cannot promise, and nor should you expect, that your personal information or private communications will remain private indefinitely. 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 Personal Information

We retain information in a form that permits us to identify you, to comply with the law, enforce our policies, prevent fraud, assist with any investigations, and take other actions otherwise permitted by law. We will store your personal information for no longer than is necessary for the purpose for which the personal information is processed. Otherwise, we will seek to delete your personal information within a reasonable timeframe upon request.

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, and Conference contractors 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 we do 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, the PGA 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 these Terms and Conditions or this Privacy Policy or any other policy.

Please report site-related spam or spoof emails to: myarbro@producersguild.org.

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 myarbro@producersguild.org.

Children Between the Ages of 13 and 18

If you are over the age of 13 but under 18 years of age, you may use the Site only with the involvement of a parent or guardian. If a parent or guardian wishes to permit a person under 18 to use this Site, then s/he agrees to supervise all use of the Site by the minor, and will email the PGA at myarbro@producersguild.org with her/his explicit permission and acceptance of full legal responsibility for the acts and/or omissions of the minor. If you are not yet 18 or are accessing this Site from a country where material on this Site is prohibited or illegal, please leave now as you do not have permission to access this Site.

International Transfers

Your personal information may be accessed by us or transferred to our affiliates, partners or service providers who are located worldwide. This may involve the transfer of personal information outside the European Economic Area (the “EEA”) to countries that may not provide a level of protection of personal information that may be regarded as equivalent to that afforded under the European data protection legislation. Whenever your personal information is transferred internationally, we will take appropriate steps to ensure its security and confidentiality in accordance with the general security measures that we have undertaken to protect information submitted to the Site. For more information as to how we protect your personal information please contact us using the contact details listed below.

Your Californian Rights

For residents of California only. Section 1789.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of your personal information with third parties. If you reside in California and have provided your personal information to us, you may request information about your disclosures of certain categories of personal information to third parties for direct marketing purposes. Such requests must be submitted to us using the contact details below.

European Residents

If you are based in Europe, in certain circumstances you have rights under data protection laws in relation to personal information we hold about you:

  • Request access to your personal information. You may have the right to request access to any personal information we hold about you as well as related information, including the purposes for processing the personal information, the recipients or categories of recipients with whom the personal information has been shared, where possible, the period for which the personal information will be stored, the source of the personal information, and the existence of any automated decision making.
  • Request correction of your personal information. You may have the right to obtain without undue delay the rectification of any inaccurate personal information we hold about you.
  • Request erasure of your personal information. You may have the right to request that personal information held about you is deleted.
  • Request restriction of processing your personal information. You may have the right to prevent or restrict the processing of your personal information.
  • Request transfer of your personal information. You may have the right to request transfer of personal information directly to a third party where this is technically feasible.

Where you believe we have not complied without obligation under this Privacy Policy or applicable European data protection law, you have the right to make a complaint to a European Supervisory Authority.

If you have any questions about your right or if you wish to exercise your rights, please contact us using the contact details listed below.

General Contact Information:

By Email:
myarbro@producersguild.org

By Phone:
310-358-9020 ext. 113

By Mail:
PRODUCED BY: NEW YORK
8530 Wilshire Blvd., Suite 400
Beverly Hills, CA 90211

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