Effective Date: December 1, 2015
Last Modified: December 1, 2015
A. The operative parties referred to in this policy are Company and You, the User of this site.
1. Brio Media Group, LLC. is the publisher and operator of the website listed at the beginning of this Policy. Hereinafter, Brio Media Group, LLC shall be referred to as “Company.” When first-person pronouns are used in this Policy, (Us, We, Our, Ours, etc.) these provisions are referring to Company. Additionally, when the terms “the Site” or “Site” are used, these terms refer to the website(s) listed at the beginning of this Policy.
2. You, the User – As the User of this Site, this Policy will refer to the User as “You” or through any applicable second-person pronouns, such as “Yours,” etc. Hereinafter, the User of the Site shall be referred to in applicable second-person pronouns.
II. Revisions to this Policy – We reserve the right to revise, amend, or modify this Policy
and Our other policies and agreements at any time and in any manner. You should periodically check for any modifications of this Policy by re-visiting this web page and using the “refresh” button on Your browser. You should note the date of last revision to this Policy, which appears at the top of this Policy. If the “last modified” date remains unchanged after You have clicked the “refresh” button on Your browser, You may presume that no changes have been made since the last reading of the Policy. A changed “last modified” date indicates that this Policy has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
III. Personal Information that We Collect – Visitors to Our Site and services will have
multiple manners of interactivity with Us. Depending upon Your level of interaction, We will collect different information about You. The User designations below apply to this Policy only, and the type of information collected is as follows:
A. Browsers – Browsers are visitors to the Site who never enter into any active data collection pages. Browsers may, however, have limited access to content uploaded by Members. Any information gathered from Browsers is also gathered from Members. This information is restricted to IP address, browser information, and other session data.
B. Members – Members are those Users who interact with Our services in a way
which requires registration. Members are required to provide a valid e-mail address and username. We reserve the right to request any other information that We deem necessary to create a suitable Member account.
IV. How We Collect Information from You
B. Active Collection – We collect information from You when You complete the registration form to sign up for Your membership on Our Site or upon actively opting-in to participate in a specific Site feature. Locations for such active data collection are via online forms at registration or opt-in portal of certain account features, or via Your individual Member account throughout the life of Your membership. Please see above Section III(B). We reserve the right to add additional information collection portals in certain circumstances.
V. How We Use Your Information
A. The primary use for Your information is to provide You with services You have requested. We also use Your information to deliver customized services to You. Non-personal and aggregate information, such as that collected passively is used in order to customize Our marketing efforts or to customize the use of Our Site for an aggregate group of customers. We also use Your information for market research purposes in order to increase Your (and other Users’) experience according to tracked interests, to analyze and target potential new markets, and for other marketing purposes.
B. We generally will use Your information for the purposes for which You specifically provide it, for example, to ensure payment for membership upgrade or other services.
C. You are aware that even if You choose not to make public any personally identifying information via Your account or specific Site features, You should understand that there is a possibility that You may still be identified through the information You provided. You understand that using this Site places You in control of all of the public information related to your membership, and You are fully responsible for any consequences arising out of such information You choose to publish or make known via Our Site and Services.
D. You understand that We reserve the right to indefinitely retain any collected data associated with Your User account for the purposes of compliance with various legal, accounting, and technical standards, determination of which is within Our sole discretion.
VII. Third Party Data Tracking – We currently utilize third party data tracking services, and apply such tracking services to User activity on Our Site. We do not provide any personally identifying information to such third parties, but they may choose to collect generalized User activity data from You. The collection and use of this aggregate User data may be subject to the policies of the relevant third party tracking service. For more information about data tracking and Your rights as an online consumer, please visit www.networkadvertising.org.
VIII. Special Cases – It is Our policy not to use or share the personal information about Browsers or Members in ways unrelated to those described in this Policy without also providing You an opportunity to opt out or otherwise prohibit such unrelated uses. However, We may disclose personal information, or information regarding Your use of the services or Site(s) accessible through Our services, for any reason if, in Our sole discretion, We believe that it is reasonable to do so, including:
A. To satisfy any laws, such as the Electronic Communications Privacy Act, regulations, governmental, or legal requests for such information;
B. To disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Terms or other User policies;
C. To operate Our services properly;
D. To protect ourselves, Our Members, and the general public. We specifically reserve the right to disclose any and all information to law enforcement in the event that a crime is committed, is suspected, or if We are compelled to do so by lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process.
E. We may cooperate with law enforcement authorities seeking information about Our end users to the extent required by applicable law. We may cooperate with private party litigants, governmental administrative or regulatory agencies if We are legally advised to do so. Examples of such cooperation include but are not limited to, lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process.
F. Anyone who violates Our Anti-Spam Policy may have their personal information made public. If there is any investigation on any unlawful spamming, or any use of bulk e-mail in order to promote Your User account, or any use of bulk e-mail in any manner that leads back to Our Site, or any one of Our Sites, We will cooperate with any and all parties completely and freely in order to see that Your bulk e-mail activities stop.
VII. Transmittals from Us – We may send You announcements or notifications from us via email. Such communications may include updates regarding your account, communications from other Users, and details of Our existing and new programs. You may opt out of these announcements by contacting Optout@MovieTheater.com, or by clicking the opt-out link at the bottom of these emails. If You opt out of these marketing emails, You may still receive system notices and other information that is specifically related to administrative maintenance of Your account. If You provide Your information to Us, use the Site, or subscribe to any of Our services, You will have created a commercial relationship with Us. In having done so, You understand that even unsolicited commercial email sent from Us or Our affiliates is not SPAM as that term is defined under the law.
VIII. Published Information; On-Site Communication; Public Areas – Any information or
content, personal or otherwise, provided in a post, profile, advertisement, non-Member area of the Site, private area of the Site, User communication, Member directory, or other related service or feature offered by the Site should be considered public information. We do not, cannot, and will not act to maintain the privacy of any information that You provide in any such medium, or otherwise transmit via the Site and/or services.
IX. Our Commitment to Data Security – We take measures to protect the transmission of all sensitive user information. We make every reasonable effort to ensure the integrity and security of Our network and systems. Nevertheless, We cannot guarantee that Our security measures will prevent third-party ‘hackers’ from illegally obtaining this information. We take all reasonable measures to prevent such breaches of security, but given the resourcefulness of cyber-criminals, We are unable to guarantee that Our security is one hundred percent (100%) breach-proof. You assume the risk of such breaches to the extent that they occur despite Our reasonable security measures.
X. How to Access or Modify Your Information – We may offer our Members the opportunity to access or modify information provided during registration. To access or modify such information, please refer to Your account settings page, or contact Privacy@MovieTheater.com.
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DMCA Notice & Takedown Policy and Procedures
This website (“Site”) qualifies as a “Service Provider” within the meaning of 17 U.S.C. § 512(k)(1) of the Digital Millennium Copyright Act (“DMCA”). Accordingly, it is entitled to certain protections from claims of copyright infringement under the DMCA, commonly referred to as the “safe harbor” provisions. We respect the intellectual property of others, and we ask our users to do the same. Thus, we observe and comply with the DMCA, and have adopted the following Notice and Takedown Policy relating to claims of copyright infringement by our customers, subscribers or users.
Notice of Claimed Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Our Designated Copyright Agent (identified below) with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Site (preferably including specific url’s associated with the material);
(d) your address, telephone number, and email address;
(e) 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; and,
(f) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You may send your Notice of Claimed Infringement (“Notice”) to:
Lawrence G. Walters, Esq.
Walters Law Group
195 W. Pine Ave.
Longwood, FL 32750-4104
Fax: (407) 774-6151
Email: Notice [at] DMCANotice [dot] com
Please do not send other inquiries or information to our Designated Agent. Absent prior express permission, our Designated Agent is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to accept valid DMCA Notices is expressly disclaimed.
Further information regarding notification and takedown requirements can be found in the DMCA, here: http://www.law.cornell.edu/uscode/text/17/512
Abuse Notification: Abusing the DMCA Notice procedures set forth above, or misrepresenting facts in a DMCA Notice or Counter-notification, can result in legal liability for damages, court costs and attorneys fees under federal law. See; 17 U.S.C. § 512(f). These Notice and Takedown Procedures only apply to claims of copyright infringement by copyright holders and their agents – not to any other kind of abuse, infringement or legal claim. We will investigate and take action against anyone abusing the DMCA notification or counter-notification procedure. Please ensure that you meet all of the legal qualifications before submitting a DMCA Notice to our Designated Agent.
Take Down Procedure
The Site implements the following “notification and takedown” procedure upon receipt of any notification of claimed copyright infringement. The Site reserves the right at any time to disable access to, or remove any material or activity accessible on or from any Site or any materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of the Site to terminate the account of repeat copyright infringers, when appropriate, and the Site will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S.C. §512 of the DMCA. The Site’s DMCA Notice Procedures are set forth in the preceding paragraph. If the Notice does not comply with §512 of the DMCA, but does comply with three requirements for identifying sites that are infringing according to §512 of the DMCA, the Site shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notification requirements. When the Designated Agent receives a valid Notice, the Site will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within ten to fourteen (10-14) days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity.
DMCA Counter-Notification Procedure
If the Recipient of a Notice of Claimed Infringement believes that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed in accordance with the procedures outlined above, the Recipient is permitted to submit a counter-notification pursuant to Section 512(g)(2)&(3) of the DMCA. A counter-notification is the proper method for the Recipient to dispute the removal or disabling of material pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations which may cause any claims to be brought against the Site relating to the actions taken in response to the counter-notification.
To submit a counter-notification, please provide Our Designated Copyright agent the following information:
(a) a specific description of the material that was removed or disabled pursuant to the Notice;
(b) a description of where the material was located within the Site or the content (as defined within the Site’s Terms & Conditions or User Agreement) before such material was removed and/or disabled (preferably including specific url’s associated with the material);
(c) a statement reflecting the Recipient’s belief that the removal or disabling of the material was done so erroneously. For convenience, the following format may be used:
“I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled.”
(d) the Recipient’s physical address, telephone number, and email address; and,
(e) a statement that the Recipient consents to the jurisdiction of the Federal District Court in and for the judicial district where the Recipient is located, or if the Recipient is outside of the United States, for any judicial district in which the service provider may be found, and that the Recipient will accept service of process from the person who provided the Notice, or that person’s agent.
Written notification containing the above information must be signed and sent to:
Lawrence G. Walters
Walters Law Group
195 W. Pine Ave.
Longwood, FL 32750
Notice [at] DMCANotice [dot] com
Please do not send other inquires or information to our Designated Agent. Absent prior express permission, our Designated Agent is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to accept valid DMCA Notices is expressly disclaimed.
After receiving a DMCA-compliant counter-notification, Our Designated Copyright Agent will forward it to Us, and We will then provide the counter-notification to the claimant who first sent the original Notice identifying the allegedly infringing content.
Thereafter, within ten to fourteen (10-14) days of Our receipt of a counter-notification, We will replace or cease disabling access to the disputed material provided that We or Our Designated Copyright Agent have not received notice that the original claimant has filed an action seeking a court order to restrain the Recipient from engaging in infringing activity relating to the material on the Site’s system or network.
Service Provider Customers or Subscribers
In the event that the alleged infringer identified in an intended DMCA Notice is, itself, operating as a “Service Provider” within the meaning of 17 U.S.C. § 512(k)(1), the Site requests that any such DMCA Notices relating to alleged infringement by third party users, customers or subscribers of such service providers be submitted directly to the DMCA Agent designated by the service provider instead of the Site.
Modifications to Policy
The Site reserves the right to modify, alter or add to this policy, and all affected persons should regularly check back to stay current on any such changes.
Customer Service Requests
Please note that the DMCA Agent is not associated with the Site in any other capacity, but is an attorney with a private law firm. Customer service inquiries, payment questions, and cancellation requests will not receive a response. All such communications must be directed to the Site’s customer service department.
This document prepared by Walters Law Group, www.FirstAmendment.com (© 2015).
All rights reserved