The terms “you” and “User” and “Member” as used herein refer to all individuals and/or entities accessing this website for any reason.
2. IATSE Local 118 Permissions and Restrictions
(a) You do not collect any personally identifiable information of others, including user names or email addresses, from the website.
(b) You may not use any of the IATSE Local 118 websites in violation of any applicable law or regulation.
(c) You do not use the website for any commercial purposes without the prior written authorization of the IATSE Local 118. You agree not to transmit or otherwise make available any unsolicited advertising, promotional information, bulk email or other solicitation. You agree not to solicit, for commercial purposes, any users of the website with respect to their user comments.
(d) You do not circumvent, disable or otherwise interfere with security-related features of the website or our sites or servers (or networks connected to our website), including, without limitation, the following activities: (i) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (ii) attempting to interfere with communication to any user, host or network, including, without limitation, via means of submitting a virus to this or any IATSE Local 118 site, overloading, “flooding,” “spamming,” “mailbombing” or ”crashing”; or (iii) transmitting or otherwise making available any content containing any “virus,” “worm” or “trojan horse” or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Violations of system or network security may result in civil or criminal liability. IATSE Local 118 will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(e) You do not use or launch any automated system, including, without limitation, “robots,” “spiders” or “offline readers,” that accesses the website in a manner that sends more request messages to the IATSE Local 118 servers in a given period of time than a human can reasonably produce in the same period by using a conventional online Web browser. Notwithstanding the foregoing, IATSE Local 118 grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials but not caches or archives of such materials. IATSE Local 118 reserves the right to revoke these exceptions either generally or in specific cases.
(f) You do not alter or modify any part of the website.
(g) You do not harass, threaten, embarrass or cause distress, unwanted attention or discomfort to a person or entity on or through the website or its communication systems.
(h) You do not transmit or otherwise make available on or through the website any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, violent, vulgar, obscene, hateful or racially, ethnically or otherwise objectionable, or potentially libellous or inflammatory, as solely determined by IATSE Local 118.
(i) IATSE Local 118 reserves the right to change or discontinue any aspect of the website at any time, for any reason and without notice to you.
(j) IATSE Local 118 reserves the right to suspend or terminate a user’s access to the website, without prior notice and at IATSE Local 118’s sole discretion.
(k) This list of permissions and restrictions, along with the other terms discussed below, is not intended to be complete, but merely illustrative. We reserve the right in our sole and final judgment to determine whether your conduct violates conduct requirements for the website.
3. User Accounts
In order to access some features of the website, such as, for example, interactive blogs, you have to become a registered user. As a user, you agree to be bound by the following terms:
(a) When creating or modifying your account, you must provide accurate, current and complete information. We reserve the right to disallow use of any content that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing the website through any username/password assigned to you. You must notify IATSE Local 118 immediately of any breach of security or unauthorized use of your account. You may never use another’s account without permission.
(b) As a user, you may submit comments on various IATSE Local 118 discussions or other material (collectively, “User Content”) to the website. IATSE Local 118 reserves the right, but does not assume the obligation, to delete, move, condense or edit such User Content for any reason and without prior notice. IATSE Local 118 also reserves the right to suspend or terminate a user’s access for posting User Content.
(d) You retain all of your ownership rights in your User Content. However, by submitting User Content to IATSE Local 118, you hereby grant IATSE Local 118 a worldwide, nonexclusive, royalty-free, sublicenseable, perpetual and transferable license to use, reproduce, store, distribute, prepare derivative works of and display your User Content (and your user name, voice, appearance and likeness) in any medium in connection with the activities and operations of IATSE Local 118, its related and affiliated entities and successors, including, without limitation, for promoting and redistributing part or all of IATSE Local 118 website (and derivative works thereof) in any form or media, now known or hereafter devised, in all languages throughout the world. You also give IATSE Local 118 the nonexclusive right to use your name, voice, appearance and likeness, as well as any additional information you have provided about yourself, in any material prepared by or for IATSE Local 118 in any form or media, now known or hereafter devised, in all languages throughout the world. You also hereby grant each user of IATSE Local 118 website a non-exclusive license to access your User Content through the website, and to use, reproduce and distribute such User Content for such user’s personal, noncommercial purposes. You understand and agree that IATSE Local 118 may retain, reproduce, distribute and otherwise use for any purpose copies of User Content that has been removed from the website. The above licenses granted by you are perpetual and irrevocable.
(e) IATSE Local 118 does not endorse, authorize or ratify any User Content, or any opinion, recommendation or advice expressed therein, and IATSE Local 118 expressly disclaims all liability in connection with User Content. IATSE Local 118 does not permit copyright infringing activities and infringement of intellectual property rights on its website, and IATSE Local 118 reserves the right, but does not assume the obligation, to remove any content from the website if notified that such content infringes on another’s intellectual property rights.
4. Your Use of Content on the Site
In addition to the restrictions above, the following restrictions and conditions apply specifically to your use of content on IATSE Local 118 website.
(b) The website is made available for your personal use only. As part of such use, you may display, download and/or print pages from the site; you may link to the website; and you may forward website materials to others for personal uses that are reasonably related to the website’s purposes.
(c) You understand that when using the IATSE Local 118 website, you will be exposed to IATSE Local 118 Content, User Content and other third-party content from a variety of sources, and that IATSE Local 118 makes no warranty about the accuracy, usefulness, safety or intellectual property rights of or relating to such IATSE Local 118 Content, User Content or other third-party content. You further understand and acknowledge that you may be exposed to User Content that may be inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against IATSE Local 118 with respect thereto.
5. Disclaimer of Warranty
THIS WEBSITE IS PROVIDED TO YOU “AS IS.” YOU AGREE THAT YOUR USE OF THE IATSE Local 118 WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IATSE Local 118, AS WELL AS ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “ IATSE Local 118 PARTIES”), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE IATSE Local 118 PARTIES CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE. NOR DO THE IATSE Local 118 PARTIES GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE IATSE Local 118 PARTIES DO NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE IATSE Local 118 WEBSITE OR ANY WEBSITE HYPERLINKED OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.
6. Limitation on Liability
IN NO EVENT SHALL THE IATSE Local 118 PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER OR NOT THEY ARE FORESEEABLE, RELATING TO THIS WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (V) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OR INABILITY TO USE OUR WEBSITES OR ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE IATSE Local 118 WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IATSE Local 118 IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE IATSE Local 118 PARTIES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. TO THE EXTENT THESE LAWS APPLY TO YOU, SOME OF THE PROVISIONS SET FORTH IN THIS AGREEMENT MAY NOT APPLY.
You and IATSE Local 118 agree that any cause of action arising out of or related to the IATSE Local 118 website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.