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Terms of Use
BASIC TERMS OF USE

Welcome to www.producersguild.org (the "site” or the "website”), which is operated by the Producers Guild of America, located at 8530 Wilshire Blvd., Suite 450; Beverly Hills, CA 90211 ("the Producers Guild,” "we,” "our,” or "us”).  This site is meant to provide information about the producing profession and the entertainment industry to the Producers Guild of America’s membership, and also to the general public.  Some parts of this site are available only to Producers Guild of America members.

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

We reserve the right to modify the Terms and Conditions, or any part thereof, or add or remove terms at any time.  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 see objectionable content or have questions about any of our Terms and Conditions, please contact the Producers Guild at info@producersguild.org.

INTELLECTUAL PROPERTY:  COPYRIGHT

All content appearing on the site is the property of the Producers Guild 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.

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:
  1. 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;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on our site, and information reasonably sufficient to permit us to locate the material;
  4. Your address, telephone number and email address;
  5. A written 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; and
  6. 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; thus, we suggest that you consult your legal advisor before filing a notice with our copyright agent.

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

Name: Emily Kimmel
Address: 8530 Wilshire Boulevard, Suite 450; Beverly Hills, CA 90211
Phone: (310) 358-9020
Email: copyright@producersguild.org

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 are trademarks of the Producers Guild, or our licensors, sponsors or suppliers and are protected by the trademark laws of the United States and/or other countries.  The trademarks may not be used in any manner that is likely to disparage or discredit the Producers Guild, its licensors, sponsors or suppliers.

COMMUNITY GUIDELINES AND USER 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 you use them 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:
  1. You own the proprietary rights to any user content that you submit;
  2. Any user content that you submit is not and will not be defamatory or libelous to any party; and
  3. Any user content that you submit does not and will not infringe any party’s intellectual property, publicity, privacy or other rights.
You agree not to upload material that:
  1. Is fraudulent;
  2. Infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  3. Is offensive to the online community—including material that:
    1. May defame, harass, stalk or threaten others;
    2. Blatantly expresses bigotry, racism, abusiveness, obscenity, vulgarity or profanity; or
    3. Violates any local, state, national or international law or gives rise to civil liability.
  4. Links to materials or other content, directly or indirectly, to which you do not have the right to link;
  5. Contains a virus or other harmful and disruptive content;
  6. Could disrupt or interfere with our site or the networks or servers connected to the site;
  7. Transmits unauthorized or unsolicited advertising, spam, chain letters, or any other form of solicitation; or
  8. Solicits personal information from other users of our site.
Should you upload material to our site that violates this provision, 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.

MONITORING

You acknowledge and agree that we do not and shall not have any obligation to review user content, and therefore we do not 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 Producers Guild, its officers, directors, agents, employees, 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 which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, must have materially affected his or her settlement with the debtor.”

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.

The Producers Guild of America expressly disclaims 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.

The Producers Guild does 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, it cannot ensure that files you download from the website will be free from viruses or contamination or destructive features.  

The Producers Guild expressly disclaims any warranties for services or products found in or through the website.  Additionally, the Producers Guild disclaims 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 Producers Guild at: info@producersguild.org.  The Producers Guild may, at its sole discretion, investigate the claim and take appropriate action.

LIMITATIONS OF LIABILITY

Except in jurisdictions where such provisions are prohibited, the Producers Guild of America 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 the Producers Guild has 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 Producers Guild, its officers, directors, agents, employees, 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 us 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.