Legal
DIGITAL MILLENIUM COPYRIGHT ACT NOTICE
Copyright Infringement Notification
If you believe that content available on or through the Global Alliance for Transformational Entertainment. (“GATE”) website (“Website”) infringes one or more of your copyrights, please immediately notify GATE’s Copyright Agent by mail, email (“Notification”) providing the information described below. A copy of your Notification will be sent to the person responsible for the material addressed in the Notification.
Please be advised that you may be held liable for damages if you make material misrepresentations pursuant to federal law in a Notification. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.
All Notifications should include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications should be sent to the following:
Insert Person and title
Global Alliance for Transformational Entertainment
ADDRESS
Email: (Separate email should be created i.e. Copyright@gate ) FYI gate.org is available.
Counter-Notification
If you believe that your content has been wrongfully removed from the Website, you may send GATE a counter notice (“Counter Notice”). Please be advised that you may be held liable for damages if you make material misrepresentations pursuant to federal law in a Counter Notice. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. To be effective your Counter Notice must be a written communication provided to GATE’s designated agent that includes substantially the following information:
A physical or electronic signature of the Website user.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the Central District of California, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Counter Notices should be sent to the following:
SAME INFO AS ABOVE.
PRIVACY POLICY
GLOBAL ALLIANCE FOR TRANSFORMATIONAL ENTERTAINMENT
PRIVACY NOTICE
This Privacy Notice is effective as of, and was last updated on, January 31, 2021.
The Global Alliance for Transformational Entertainment (“GATE”, "we," "us," or "our") offers a website located at INSERT WEB ADDRESS (the "Site"), as well as the blogs, social media pages, and other services provided through email correspondence, events, newsletters, or other interactions with the GATE’s representatives (collectively “Platform”).
This Privacy Notice is intended to inform visitors, users, members, registrants or attendees at events (“user”, “you” or “your”) about the collection and use of information or personal data about them that is collected directly or in connection with their attendance at events, or interactions with the Platform. It also explains the conditions under which we use and disclose that information, and your rights in relation to that information.
This Privacy Notice is part of, and is governed by, the terms and conditions set forth in our Terms of Service LINK TO TERMS OF SERVICE PAGE
This Privacy Notice provides information so that users are able to understand and consent to the processing of their personal data, where appropriate. GATE is the data controller regarding all personal data processing conducted through the Platform.
1. Contact Information
The data controller and operator of the Platform is the Global Alliance for Transformational Entertainment National with a postal address at: INSERT ADDRESS
2. Definitions
“Applicable Laws” means for individuals located in the European Economic Area (EEA), the EU General Data Protection Regulation (Regulation (EU) 2016/679), together with protection law of the EEA Member State of where the employee resides; and for individuals located outside the EEA, the Federal and state laws of the United States unless the data protection laws of the country where the individual resides specify otherwise, in which case, such country’s data protection law will apply in accordance to its terms.
"Personal Data" means any information relating to an identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Personal data does not include information that has been irreversibly anonymized or aggregated so that it can no longer enable us, whether in combination with other information or otherwise, to identify you.
3. Data Protection Principles
We are committed to complying with the principles for the processing of Personal Data under Applicable Laws. In processing your Personal Data in accordance with these principles, we take steps to ensure the Personal Data we hold about you is:
- Used lawfully, fairly and in a transparent way;
- Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes;
- Relevant to the purposes we have told you about and limited only to those purposes;
- Accurate and kept up to date;
- Kept only as long as necessary for the purposes we have told you about; and
- Kept securely
4. Collected Data
We collect the data that a user chooses to provide, for example, by completing a form to request a document. We also collect information by analyzing a user’s behavior on the Platform over time, to the extent permitted by applicable law; this information is collected through cookies and similar technologies. For information about cookies, see our Cookie Policy INSERT LINK TO COOKIE POLICY at Section 10.
Applicable Laws that govern the processing of Personal Data of users located in the European Economic Area and other countries may limit our ability to collect Personal Data as described below, or may grant users the right to limit or prohibit the use of their Personal Data. These rights and restrictions are explained below in this Privacy Notice.
4.1 Log Data
When a user uses, or interacts with, our Platform, or clicks on a link that directs the user to our Platform, the user’s browser automatically provides, and we automatically collect and store, certain information about the user’s device (computer, tablet, smartphone) and the user’s activities. This includes:
- Preferences and settings: time zone, language, and character size;
- Identifiers: IP address;
- Technical information: type of device, operating system name and version, device manufacturer, browser information (type, version), screen resolution; and,
- Coarse Geographic information: geographic location derived from the IP address.
We collect this data for the proper operation of our Platform. Until the user registers with us, this data cannot be linked to a specific individual.
4.2 Traffic Data
Data generated by the use of the Platform also include:
- Information about use of the Platform: date stamp, URL of the visited page, URL of the last webpage visited before visiting our Platform or a website using our Platform. URL of the first webpage visited after visiting our Platform; and,
- History of interaction with our webpages: pages viewed, time spent on a page, click through, clickstream data; queries made, search history, search results selected; comments made, type of service requested, purchases made.
The data described above is collected through the use of cookies and helps us understand how an individual reacts to our content.
4.3 Name, Contact Details
In various sections of the Platform users are asked to provide information about themselves, such as their name, e-mail address, phone number, billing address and organization, as applicable. This happens, for example, when a user requests to sign up for a newsletter, to receive our press releases by email, communicate with GATE, or if the user participates in a survey that we conduct through our Platform.
Only the minimum amount of information necessary to operate or manage the account is mandatory. The user may elect to provide additional information, which we use to enhance the Platform, for example by offering access to social media accounts.
4.4 Payment Information
If a user requests services for which payment is required, the user is asked to provide payment information. This information is collected and processed by an external payment processor; it is not accessed or stored by GATE. IS THIS THE WAY WE WILL DO THIS, IF NOT THIS NEEDS TO BE CHANGED?
4.5 Member Area; Registered User Information IF NO MEMBERS THIS CAN BE REMOVED
Restricted Member Area
Certain areas of the Site are accessible only by Members of GATE in good standing. To access those areas, a Member must first register on the Platform and select a password. As part of such registration, we may request: first and last name; company or business name; email address; street address, including country and telephone number.
Only the minimum amount of information necessary to operate or manage the Members’ restricted area is mandatory. The Registered Member may elect to provide additional information (at the time of registration or later), which we use to enhance the Platform.
Newsletters
Users can sign-up to receive newsletters and other communications from the GATE. To sign-up a user is required to provide an email address. Each user can, at any time, request that we cease sending these newsletter. To do so, you can follow the directions provided at the bottom of each mailing, or you can contact us as indicated in the “How to Contact Us section.
4.6 Communication from Users
When a user completes an online form, visits our Platform (for example on social media), or otherwise contacts us, by email, phone or text, we automatically collect and store certain information about that user and the user’s activities, as we receive from such user, for example: the user’s name and contact information; information that the user provides to us; the user’s company or business information, if any; the nature of the communication; the purpose of the interaction, and the action we took in response to the user’s inquiry or request; and, any action the user takes upon receipt of such communication (for example, whether the user registers to attend an event that we offer, or requests to receive documentation).
The information collected in connection with each type of interaction is retained in accordance with our record retention policy, so that we can continue interaction with the requestor with respect to our Platform.
4.7 Membership Submission and Renewal; Communications with Members NOT SURE IF WE NEED THIS SECTION
New Membership
Each year, GATE seeks recommendations from its members and nonmembers regarding the addition of new voting members and professional members. The process is described HERE. LINK TO MEMBERSHIP INFO PAGE WHICH WE DO NOT HAVE YET After the recommendations are evaluated, qualified individuals are invited to complete a career profile, which is available on the Platform. The information requested through this profile and the follow-up interaction with the candidates or the renewing members are intended to help us evaluate each individual’s submission NSERT MEMBERSHIP CRITERIA meet the criteria for membership in GATE. The information collected from these submissions is also used in aggregate for statistical purposes, to evaluate the characteristics of our membership.
Membership Renewal
Existing members must requalify periodically, per GATE Membership Rules. To do so, they must complete online forms available on the Platform. The information collected is the same as for a new member submission. It is used and retained in the same manner as the information collected for new membership.
Student Membership NOT SURE ABOUT THIS EITHER
Student membership is open to students who are currently enrolled full-time in a college, university or trade school preparing for a career in the recording industry. The process for seeking membership does not require recommendations from industry professionals. However, the information requested through this profile and the follow-up interaction with the candidates are similarly intended to help us evaluate each individual’s submission, credentials, and the extent to which an individual’s background, qualifications, and achievements meet the criteria for membership in the GATE
Ethnicity
The online forms used to present a career profile include a field where individuals may elect to indicate the ethnicity to which they relate. The provision of this information is optional. Ethnicity is used to assess the diversity of our membership and ensure that we are reaching out to all members of the music industry.
When you elect to provide ethnicity information in a career profile, you provide your explicit consent to the use of this information as described in this section on Membership Submissions.
You have the right to withdraw this consent at any time. If you have provided ethnicity information, and decide to make a change, please contact us as indicated in the “How to Contact Us” DO NOT HAVE THIS section.
Gender and Age Information
The online forms used to present a career profile include a field where individuals may elect to indicate their gender and age. The provision of this information is optional. It is used to assess the diversity of our membership and ensure that we are reaching out to all members of the music industry.
You have the right to request that this information be removed from our records at any time. To do so, please contact us as indicated in the “How to Contact Us” section.
Aggregate Information
We examine ethnicity information in the aggregate in the context of new membership or membership renewal to derive information about the diversity of our membership. We carefully review these statistics in order to ensure that the composition of each class of new members meets the then-current diversity goals of the music industry.
Incomplete Submissions
If an individual initiates a submission but does not complete it, we retain the information provided for a reasonable time, so that we can communicate with the individuals and assist in completing the process as needed. If a submission is not completed after we have communicated with the individual, or if we have been unable to establish contact, the related information is deleted.
Communications with Members
Once an individual’s submission or membership renewal have been accepted we use the individual’s contact information to communicate on GATE-related business, such as to invite the individual to serve on a committee or attend an event. In addition, members have the ability to elect to receive newsletters and information about GATE.
Recommendations
Submissions for consideration for membership require that individuals have previously received recommendations from industry professionals. A person who completes a recommendation for a potential new member is required to provide certain personal information (such as name, address, proof of identity, or proof of eligibility to make a recommendation). This information is used only for the purpose of assisting in the membership consideration process. It is retained for auditing purposes and is archived.
4.8 Correspondence Sent to Users
Unless we are prohibited by applicable law from using cookies and a user has not otherwise indicated his/her preference regarding our use of cookies, we insert in some of our correspondence images or links that when viewed or clicked, allow us to know whether the user has accessed or declined to open correspondence. This action may also generate a cookie that allows us to count unique clicks or visits, and potentially track the recipient.
This information helps us understand how the individual reacts to our communications and limit the amount and nature of information provided.
4.9 Surveys and Contests
From time-to-time, we invite users to participate in surveys or contests. Participation is voluntary. These surveys are organized for the purposes of our marketing efforts. When a user participates, we request certain personal data such as name and email address.
This is necessary to ensure that responses are categorized properly and are not duplicated. Depending on the nature of the survey or contents, we use this information to send the survey results to the participants, or, if applicable, to notify contest winners and award prizes.
We also use the information in aggregate form, for analytics purposes, to understand our market, to monitor site traffic or app usage, or to modify our Platform to meet the needs or interests of users.
If we use a third-party service provider to conduct these surveys, the information collected by the service provider may be subject to both the service provider’s privacy policy and ours. We will provide information about the applicable privacy policies with the Survey rules and will seek your explicit consent to these rules when required by law. You should read the terms of the survey or contest to understand the extent to which the service provider is allowed to use or reuse the information collected.
4.10 Comments on our Platform
Some portions of the Platform (for example our presence on Social Media) allow users to submit comments, reviews, ratings and other information that may be displayed on the Platform and viewed by others. We recommend that you do not post on or through the Platform any information that you do not want to make available to other users or the public generally. You assume all responsibility for any loss of privacy or other harm resulting from information you post on the Platform.
4.11 Social Media
Our Platform offers integration with third-party social media platforms. These services collect the user’s IP address and which page of our Platform the user is visiting. They may set a cookie to enable their features to function properly. Social media features and widgets are hosted by a third party or directly on our website. Your interactions with these features are at your sole discretion, and are governed by the privacy policy of the company providing the feature.
If you post any comments, reviews, photos or other information on our Facebook, Twitter or Pinterest pages, we may display those comments, reviews, photos or information on the Site. In addition, your use of these social media services may result in the collection or sharing of information about you by these social media services. We have no control over, and decline all responsibility for, the use of your personal data by these third parties. We encourage you to review the privacy policies and settings on the social media services with which you interact to make sure you understand the information that may be collected, used, and shared by those social media services.
4.12 Children
Our Platform is not directed to individuals under the age of 16. We do not solicit or knowingly collect Personal Data from such individuals. If you become aware that a child under the age of 16 has provided us with Personal Data, please contact us as indicated in the “How to Contact Us” NEED THIS section below. If we obtain actual knowledge that we have collected Personal Data from a child under the age of 16, we will take steps to delete such information from our database.
4.13 Other Information
Certain areas of the Platform include free text fields, where you can write messages to other users, or post content that may contain Personal Data. Some countries, including by way of example, the EEA, significantly restrict the use of certain information deemed “sensitive”. Other countries, such as the United States try to limit the use and sharing of certain information such as Social security number or financial account information, to limit identity theft.
We request that you do not disclose (unless specifically requested in the form that you are completing) :
- Any data revealing your racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data or data concerning your health, sex life or sexual orientation;
- Any social security number, national identification number, financial account information or any other information that might be deemed highly sensitive or confidential; and,
- Any data related to other persons.
5. Information Collected by Third Parties
Applicable Laws that govern the processing of Personal Data of users located in the European Economic Area and other countries may limit third parties’ ability to collect and use Personal Data as described below, or may grant users the right to limit or prohibit the use of their Personal Data. These rights and restrictions are explained below in this Privacy Notice.
5.1 Google Analytics
DO NOT UNDERSTAND THIS
Users of the Platform who have JavaScript enabled are tracked using Google Analytics. Unless the Google Analytics feature is blocked, as explained below, it collects the following types of information from the user:
- Type of user agent (web browser) used, software manufacture and version number.
- Type of user agent (web browser) used, software manufacture and version number
- Type of operating system
- Screen colors (color processing ability of the users screen)
- JavaScript support
- Flash version
- Screen resolution
- Network location and IP address
- Country, city, state, region, county, or any other geographic data
- Hostname
- Bandwidth (internet connection speed)
- Time of visit
- Pages visited
- Time spent on each page of the website
- Referring site statistics
- The website (URL) visited before arriving at the Site
- Search engine query used (example: typing in a phrase into a search engine like Google, and clicking on a link from that search engine)
The data collected by Google Analytics is primarily used to optimize the Site for our visitors.
However, we also use this data for marketing purposes, for example, to tell potential partners how many users visit the Site, where visitors come from, and how they arrive at the Site. See also Section 10.9.
5.2 Other Third Party Services
In addition to Google Analytics, DO WE USE THIS? we use other third party services to automatically collect information from users. The information automatically collected through the Site is used solely for our internal analytics purposes and these service providers are not permitted to use this information for its own purposes.
Parts of the Platform include third-party advertising, links to other websites, and other content from third party businesses. These third-party sites, businesses, and advertisers, or advertising companies working on their behalf, sometimes use cookies and similar technologies to measure the effectiveness of their ads, personalize or optimize advertising content, to track users who link from their respective website to the Site, and track the actions of users online over time and across different websites or platforms to deliver targeted electronic advertisements to an individual user.
Before visiting a third-party website, whether by means of a link on the Platform or otherwise, and before providing any information to any third party, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for the applicable third-party website.
6. Purposes of processing
We use the information we gather through the Platform to help us better understand how the Platform is are being used. By identifying patterns and trends in usage, we are able to better design the Site to improve your experiences, both in terms of content and ease of use. We also use this information for direct marketing purposes, to contact and communicate with users, including to send them information about products or services we think might of interest to you and to respond to your communications and requests.
Applicable Laws that govern the processing of Personal Data of users located in the European Economic Area and other countries may limit our ability to process Personal Data as described below, or may grant users the right to limit or prohibit the use of their Personal Data. These rights and restrictions are explained below in this Privacy Notice.
Specifically, we use Personal Data for the following purposes:
6.1 Service
- In the regular course of our business;
- To allow users to create and maintain a registered user account, verify a user’s identity and assist users who have misplaced or forgotten their login or password;
- To respond to users’ inquiries, allow users to sign up for newsletters, request white papers, or other information, in order to contribute to or download the Academy white paper or content;
- To finalize purchase orders and deliver services to the user;
- To process and evaluate membership submission and membership renewal requests; and interact with the individuals who have elected to make recommendations for the addition of new members;
- To carry out market research and surveys; and,
- For interaction on social media.
6.2 Marketing
- For marketing purposes via e-mail, text, phone, instant messaging, regarding the Academy’s products and services, such as our newsletters. The newsletters are sent automatically to members, as part of their membership, and to non-members who have specifically requested to receive one or more of our newsletters;
- For marketing purposes via e-mail, text, phone, instant messaging, regarding the products or services offered by selected third parties, such as sponsors;
- To interact with existing users by sending marketing communications regarding products and services that are identical or similar to those the user has previously purchased or requested via the Platform; and,
- Each communication provides a means to opt-out of receiving such type of communication.
6.3 Profiling
To create a profile of a Platform user, through the use of profiling cookies and by collecting and analyzing information on the user’s interest in order to serve to each information and advertisements that may be relevant to that user. All algorithms involved in this processing are regularly tested, to ensure the processing’s fairness and control for bias.
6.4 Analytics
For development and administration of the Platform, in order to improve GATE’s offerings and troubleshoot any technical issues that may arise in connection with the use of the Platform (“Analytics”).
6.5 Misuse or Fraud
To prevent and detect any misuse of the Platform, or any fraudulent activities carried out through the Platform (“Misuse/Fraud”).
7. Legal Grounds for Processing
For users located in certain countries, we are required to explain on which legal grounds we are permitted to collect and/or use the Personal Data as described above.
The grounds on which we rely to process Personal Data as explained above, according to the purposes identified, include the following. We also explain whether the provision of information is mandatory or not, and the consequences for not providing the mandatory information:
Purpose
Legal Ground
Mandatory/Not
Membership
The information requested (i.e. identified as mandatory) in the career profile is necessary to examine the detail of each individual’s credentials, the nature and scope of their knowledge, their achievements in their career, or their body of work.
The same amount of information is required from each submission.
Yes if you want your submission to be reviewed for membership in GATE.
If you do not provide the information marked as “mandatory”, which we need to assess your achievements, we may not be able to make a favorable decision for lack of information.
Ethnicity
In the context of a career profile, we invite applicants to provide information about the ethnicity to which the relate.
The question is clearly marked as optional.
Individual express their consent to the collection of that information by providing the information.
No
Individuals may elect to not provide information about ethnicity.
There is no consequence for such refusal. Individuals can elect at any time to have information about ethnicity corrected, changed or erased.
Service
The information necessary to provide the services, fulfil the request that you make, take steps before entering into a contract with you, or perform a contract entered into with you.
No
If you do not provide the information we need, we will not be able to provide certain services to you over the Platform
Marketing
The collection of information for marketing is needed for the legitimate interest of GATE so that it can understand its market and have opportunities to communicate with potential or current customers so long that the use of the data is no overridden by the interest of the individual.
Some forms of marketing to certain users may require opt-in consent, and we will request such consent as applicable.
No
Users located in certain countries have the right to object to the use of their Personal Data for marketing purposes.
There is no consequence for not providing the information.
A user who has previously consented to the use of personal data for marketing, can withdraw this consent at any time.
Marketing to Existing Customer
Marketing to existing customers is based on GATE’s legitimate interest in expanding its relationship with individuals who have previously purchased or shown interest in goods or services provided by the Academy that are identical or similar to those the individual has previously purchased or requested through the Platform.
No
Users can opt-out of these communications at any time.
Profiling
For some users, processing is based on the user’s consent, collected by means of the cookie pop-up banner and/or a specific tick box.
No
Users can elect to not consent to the collection of information about them through cookies.
There is no consequence for such refusal other than not being able to benefit from greater personalization when using the Platform.
Analytics
GATE has a legitimate interest in understanding how users use its Platform, so that it can improve them accordingly both to enhance the user’s user experience, and to troubleshoot technical issues.
However, if the use of the analytics includes marketing, then for users located in certain countries, we will request prior affirmative consent of the user
No
Misuse; Fraud
The Academy has a legitimate interest in preventing and detecting fraudulent activities or misuse of the Platform for potentially criminal purposes.
No
8. Sharing with Third Parties
We share Personal Data as indicated below.
Applicable Laws that govern the processing of Personal Data of users located in certain countries may limit our ability to share Personal Data as described below, or may grant users the right to limit or prohibit such sharing. These rights and restrictions are explained below in this Privacy Notice.
8.1 Service providers
We provide some of the Personal Data that we have collected to our service providers, which includes affiliated entities, hosting providers, e-mail platform providers; technical maintenance providers, contractors, affiliates, distributors, dealers, vendors and suppliers who provide certain services to us or on our behalf, such as operating and supporting the Platform, analyzing data, or performing marketing or consulting services, identifying and serving targeted advertisements, providing mailing or email services, tax and accounting services, payment processing, data enhancement services, analytics services, fraud prevention services, and similar services.
These Service Providers only have access to the information needed to perform these limited functions on our behalf and are prohibited from using your information for any purpose other than the purpose for which the Service Provider was engaged by us and/or as stated in this Privacy Notice.
8.2 Our Affiliates
We share some or all of your information with our subsidiaries and corporate affiliates, joint venturers, or other companies under common control with us. We require these entities to comply with the terms of this Privacy Notice with regard to their use of our users’ information. This sharing is necessary for our legitimate interest and business purposes because we conduct joint activities with these entities, which require the sharing of contact and other information.
8.3 The Public
When a user provides feedback or posts questions, comments, or other content on our Platform, these comments and any other information that the user may provide (such as the user’s name) may be displaced on our Platform, for example, on our social media pages.
8.4 DMCA Infringement Notifications, Counter Notices, Notices of Violations of Site Terms of Use
We may share Personal Data with third parties if a person submits a Digital Millennium Copyright Act ("DMCA") Infringement Notification or Counter Notification as described in our Copyright Notice LINK TO COPRIGHT PAGE . In addition, we may share Personal Data with third parties if we receive other notices regarding violations of our Terms of Use or other user's rights (including communications about content stored on or transmitted through the Platform). For notices other than DMCA Infringement Notifications and Counter Notices, upon request, we will edit out the user’s name and contact information. However, DMCA Infringement Notifications and Counter Notifications will be forwarded as submitted to us without any deletions.
8.5 Persons under Confidentiality Obligation
We also share Personal Data with employees or contractors working for GATE, volunteers, and other persons or legal entities that provide accounting, administrative, legal, tax, financial and debt collection matters, who are bound by a confidentiality obligation.
8.6 By Law or in Response to Subpoenas or Court Orders or to Protect Rights and to Comply with Our Policies
To the extent permitted by law, we will disclose user Personal Data to government authorities or third parties if: (a) required to do so by law, or in response to a subpoena or court order; (b) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (c) we believe that the user has abused the Platform by using it to attack other systems or to gain unauthorized access to another system, to engage in spamming or otherwise to violate applicable laws.
8.7 Business Transfers; Bankruptcy
In the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets, any user Personal Data owned or controlled by us may be one of the assets transferred to third parties. We reserve the right, as part of this type of transaction, to transfer or assign the Personal Data and other information we have collected from users of the Platform to third parties. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred user information will be subject to this Privacy Notice, or to a new privacy policy if you are given notice of that new privacy policy and you affirmatively opt-in to accept it. Any information you submit or that is collected after a transfer, however, may be subject to a new privacy policy adopted by the successor entity.
8.8 Aggregate Information
We may share information relating to users of the Platform with third parties on an anonymous, or aggregated basis. While this information will not identify you personally, in some instances these third parties may be able to combine this anonymous information with other data they have about an individual, or that they receive from third parties, in a manner that allows them to identify that individual personally.
9. Retention of Personal Data
Data uses
Retention period
Providing the Service
Retained as necessary to fulfil such purposes.
We may retain the data as necessary to protect GATE’s interests related to potential liability.
Marketing and Profiling
Retained from the moment the user gives consent until consent is withdrawn.
Where it is not withdrawn, consent will be renewed periodically.
If consent is withdrawn or not renewed, Personal Data will no longer be used for these purposes.
We may retain the data as may be necessary to protect GATE’s interests related to potential liability
Marketing to Customers
Retained from the time when we receive it in the context of purchases or requests made via the Platform until the user objects to this processing.
If a user objects to the processing, the Personal Data will no longer be used for these purposes.
We may retain the data as may be necessary to protect GATE’s interests related to potential liability.
Compliance
Retained for the period required by the specific legal obligation or by the applicable law.
Analytics
Retained as long as necessary to fulfil the purposes for which it was collected, unless the user objects to the processing and there are no other legal grounds justifying the retention of the information.
Misuse, Fraud
Retained as long as necessary to fulfil the purposes for which it was collected, unless the user objects to the processing and there are no other legal grounds justifying the retention of the information.
10. Cookies and Other Technologies
10.1 Overview
Cookies are small text files that are sent to a user’s browser by the website visited or when an email is opened. They are used for numerous different purposes. Some operations within a website may not be performed without the use of certain cookies that are technically necessary for operation of the website. Other cookies may contain a unique ID code that allows tracking a user’s browsing activities within a website, for statistical or advertising purposes.
The use of cookies to create profiles on users and to send advertising messages that take into account the preferences revealed by the user while browsing websites may require prior consent from the user, according to the Applicable Law that applies to that user.
The Platform uses the following types of cookies:
- Browsing or session cookies: these cookies are strictly necessary for the operation of the website, and/or to allow the user to use the website content and the Platform.
- Analytics cookies: these cookies provide information that is used to understand how a website is used, and to track traffic to and from a website.
- Functional cookies: these cookies are used to activate specific functions and to configure webpages according to the user’s preference such as font size or language.
- Profiling cookies: these cookies are used to observe a user’s interest based on activities on a website, and to send advertisements that take these preferences into account.
10.2 First Party Cookies
We use the following cookies I DO NOT UNDERSTAND THIS. NEED TO FIND OUT IF WE USE THESE
Technical name
Cookie type, function and purpose
Duration
has_js
The has_js cookie is used by the Drupals Batch API and it is not related to user data.
Session
mem_storage
The cookie is used while a member is completing a form, to fetch member related information in our member database and assist in the completion of the form
Session
SSESSd52c5d14dabfab1e18a22add3109f3bb
Used to maintain the session of a logged in user
20 days
ah_app_server
The cookie is associated with Acquia cloud. This cookie gets created when a new user logs in. For any user with this permission, the site sets a cookie named ah_app_server. The cookie is deleted when the user logs out.
One year
10.3 Analytics Cookies
We use Google Analytics to collect information that permits evaluation of the use of the Website, analysis of user’s behavior and improvement of user experience. See Section 5.1.
10.4 Third Party Cookies
We also use cookies owned by third parties. For further information on how these third parties use information, please refer to their privacy policies: WE NEED TO CHANGE TO ANY THIRD PARTY SITE WE MAY USE
Crazy Egg: https://www.crazyegg.com/cookies
DoubleClick: https://support.google.com/dfp_premium/answer/2839090?hl=en
Facebook: https://www.facebook.com/policies/cookies/
Google: https://www.google.com/policies/privacy/partners/; https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage and https://tools.google.com/dlpage/gaoptout
Ooyala: http://www.ooyala.com/privacy
Parse.ly: https://www.parse.ly/privacy-policy
Quantcast: https://www.quantcast.com/privacy/
Twitter: https://help.twitter.com/en/rules-and-policies/twitter-cookies#
10.5 Web Beacons
A "Web Beacon" is an object that is embedded in a web page. It is usually invisible to you but allows us to check whether you have viewed a particular web page or email communication. We place Web Beacons on pages of the Platform, such as on our website and in emails we send to you. You may not decline Web Beacons.
10.6 How to Block or Disable Cookies
You may choose to block our Platform and other sites from setting cookies by changing the settings of your browser. Please note that blocking or disabling certain cookies may interfere with certain functionalities of some parts of our Platform.
(a.) To learn more about cookies:
All About Cookies: http://www.allaboutcookies.org/
Cookie Central: http://www.cookiecentral.com/faq/
Network Advertising: http://networkadvertising.org/.
(b.) To obtain information specific a particular browser:
Explorer: http://support.microsoft.com/kb/196955
Firefox: http://support.mozilla.org/en-US/kb/Cookies
Google Chrome: http://support.google.com/chrome/bin/answer.py?hl=en&answer=95647
Opera: http://www.opera.com/browser/tutorials/security/privacy/
Safari: http://support.apple.com/kb/ph5042
Safari iOS: http://support.apple.com/kb/ht1677
Android: http://support.google.com/android/bin/answer.py?hl=en&answer=1722193
Blackberry: http://docs.blackberry.com/en/smartphone_users/deliverables/32004/Turn_off_cookies_in_the_browser_60_1072866_11.jsp
Windows Phone: http://www.microsoft.com/windowsphone/en-us/howto/wp7/web/changing-privacy-and-other-browser-settings.aspx
10.7 Interest-based Advertising
We use information collected about a user’s use of our Platform to arrange for advertisements about our service to be served to a user on third party’s websites in accordance with our e-Marketing Policy. To do so, our advertising service provider places or recognizes a unique cookie on the user’s browser and uses other techniques, such as pixel tags.
If you would like more information about this practice and to learn about your choices, please visit http://www.aboutads.info or http://www.networkadvertising.org
10.8 Opt-out of Interest-based Advertising
Users may opt-out of receiving interest-based advertising as explained below. The opt-out may be provided through specific opt-out cookies.
(a.) To Control Advertising on Websites
Digital Advertising Alliance:
http://www.aboutads.info/choices/
http://www.aboutads.info
http://www.aboutads.info/consumers
Europe: http://youronlinechoices.eu
Network Advertising Initiative:
http://www.networkadvertising.org/choices/
http://www.networkadvertising.org
http://www.aboutads.info/consumers
(b.) Please note the following:
Using a new computer or a different browser, upgrading certain browsers, or modifying or erasing a browser’s cookie file, may clear an opt-out cookie.
Opting out of receiving interest-based advertising does not result in blocking all advertisements served to your equipment. You will continue receiving advertisements; these advertisements will be generic or based on the content of a webpage that you are visiting, instead of being targeted to your specific interests.
There are many more companies listed on these sites than those that place cookies on your device when you access our Platform.
10.9 Google Analytics, Demographics and Interest Reporting
Information collected by the Google Analytics cookie is transmitted to, and stored by, Google in accordance with its privacy practices. For more information on Google's Privacy Policies, visit: http://www.google.com/privacypolicy.html.
To see an overview of privacy at Google and how this applies to Google Analytics, please visit: https://support.google.com/analytics/answer/6004245.
To opt out of Google Analytics, please visit: https://tools.google.com/dlpage/gaoptout.
We use demographic information we collect through our use of Google Analytics Demographics and Interest Reporting solely for purposes of performing internal statistical analytics relating to the Site.
We also use Google Analytics for Display Advertising and, specifically, Google Analytics Demographics and Interest Reporting, to help us display advertising for products or services that we think may be of interest to users. You can opt-out of receiving interest-based advertisements through the Site, as well as customize the types of advertisements that will be displayed to you through the Site, by following the instructions located at https://support.google.com/ads.
10.10 Social Media
You can edit or remove the permissions you have granted to use information from your connected social media accounts by adjusting the privacy settings on your social media account. See the following for instructions on how to change or remove third party access on each platform:
Twitter: https://help.twitter.com/en/managing-your-account/connect-or-revoke-access-to-third-party-apps
Facebook: https://www.facebook.com/help/262314300536014/
LinkedIn: https://www.linkedin.com/pulse/remove-third-party-apps-connected-your-linkedin-hector-rodriguez
11. Transfers of Personal Data
Personal Data is collected and processed in several different countries. To ensure the lawfulness of the transfers of personal data across borders, we rely on decisions from the European Commission, standard data protection clauses adopted by the European Commission.
12. Security of Personal data
We use commercially reasonable technical, organizational, and administrative safeguards to protect information within our control against unauthorized or unlawful access, use, modification, destruction, processing or disclosure, and against accidental loss, destruction, or damage. We believe that these measures are reasonably adapted to the nature of the information in our custody.
We limit access to our users’ personal data to only those employees and third parties who reasonably need access to it to perform the activities attached to their job responsibilities.
However, due to the realities of data security, no security system or storage system can be guaranteed to be 100% effective or secure. Thus, we cannot guarantee that any information provided to us, collected by us or transmitted by us will not be accessed, hacked, disclosed, altered, or destroyed by unauthorized parties.
12.1 Breach of Security
If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us might have been compromised), or if you suspect someone else is using your account, please let us know immediately by contacting us as indicated in the “How to Contact Us” section.
12.2 Lost or Stolen Information
You must promptly notify us if your credit, bank, other financial institution information, username, or password is lost, stolen, or used without permission. In such an event, we will assist you in updating your account details.
13. Rights of Individuals
The EU General Data Protection Regulation (GDPR) grants individuals who are in the European Union and European Economic Area (EU/EEA) the following rights, with some limitations. The Academy extends these rights to all users and members, subject to the limitations set forth in Articles 15 to 23 of the GDPR. Individuals may contact us, at the address provided in the “How to Contact us” section below, to exercise any of those rights and we will respond as defined in the applicable provision(s) of the GDPR.
13.1 Right Not to Provide Consent or to Withdraw Consent
We may seek to rely on your consent in order to process certain personal data. Where we do so, you have the right not to provide your consent, and the right to withdraw your consent at any time. If you withdraw your consent, this will not affect the lawfulness of the processing conducted based on consent before its withdrawal.
13.2 Right of Access
You have the right to obtain confirmation as to whether or not we collect or process personal data concerning you and, if this is the case, you have the right to request a copy of such personal data in digital format.
13.3 Right of Rectification
You have the right to require that we correct any inaccurate personal data concerning you, and that we complete incomplete personal data.
13.4 Right of Erasure
In certain circumstances, you have the right to request that we erase personal data concerning you; for example, if it is no longer necessary for the purposes for which it was originally collected.
13.5 Right to Restrict Processing
In certain circumstances, you have the right to request that we restrict the processing of the personal data that we have collected about you; for example, where you believe that the personal data that hold about you is not accurate or lawfully held.
13.6 Right to Data Portability
In certain circumstances, you have the right to receive the personal data concerning you that you have provided us in a structured, commonly used, machine readable format, and the right to obtain that we transmit the data to another entity where technically feasible.
13.7 Right to Object to the Processing
In certain circumstances, you have the right to request that we stop processing your personal data.
13.8 Right to Object to the Processing for Direct Marketing Purposes
You have the right to request that we stop sending you marketing communications.
13.9 Right Not to be Subject to Decisions Based Solely on Automated Processing that Produce Legal Effects
In certain circumstances, you have the right no to be subject to a decision based solely on automated processing - including profiling - that produces legal effects or similarly affects you.
13.10 Right to Complain to a Supervisory Authority
You have the right to lodge complaint with a supervisory authority or other dispute resolution mechanism if you believe that our processing of personal data relating to you infringes your rights under Applicable Law.
14. Rights of Users Located in California
California requires operators of websites or similar services to make certain disclosures to users who reside in California regarding their rights, specifically:
14.1 Shine the Light
Under California law, a business that has an established business relationship with an individual, and has, within the immediately preceding calendar year, disclosed personal data that is primarily used for personal, family or household purposes to third party for the third party’s direct marketing purposes, must disclose to its California users, upon request, the identity of any such third party, along with the type of personal data disclosed.
You can contact us to as provided in the “How to Contact Us” section. Please note that under California law, businesses are only required to respond to a user’s request once during any calendar year.
14.2 Do-Not-Track
Some browsers give individuals the ability to communicate that they wish not to be tracked while browsing on the Internet. California law requires that we disclose to users how we treat do-not-track requests. The Internet industry has not yet agreed on a definition of what “Do Not Track” means, how compliance with “Do Not Track” would be measured or evaluated, or a common approach to responding to a “Do Not Track” signal. Due to the lack of guidance, we have not yet developed features that would recognize or respond to browser-initiated Do Not Track signals in response to California law.
In the meantime, there are technical means to prevent some of the tracking, if any. See Section “Your Advertising Choices.”
15. Privacy Notice Changes
Because of changes in technology and the growth and development of our business, or for other business reasons, we may need to modify this Privacy Notice from time to time. We will notify you of changes to this Privacy Notice by posting the amended terms on the Site at least thirty (30) days before the effective date of the changes. If you do not agree to the new terms, you should stop using the Site, and you will not be bound by the new terms. Otherwise, the new terms will take effect after thirty (30) days.
We reserve the right to amend or update this Privacy Notice at any time. We will inform you of such changes as soon as they are introduced, and they will be binding as soon as they are published on the Platform or later, as provided by applicable law. Please regularly visit this page to acquaint yourself with the latest, updated version of the Privacy Notice.
16. How to Contact Us
The data controller is the Global Association for Transformational Entertainment. with a principal business address at NEED TO INSERT ADDRESS
If you have any questions about this Privacy Notice, you may:
Send an email to: INSERT EMAIL ADDRESS
or
Send postal mail to:
Global Association for Transformational Entertainment
Attn: Privacy
NEED ADDRESS
COOKIE POLICY
GLOBAL ALLIANCE FOR TRANFORMAITONAL ENTERTAINMENT -
1. Cookies and Other Technologies
1.1 Overview
Cookies are small text files that are sent to a user’s browser by the website visited or when an email is opened. They are used for numerous different purposes. Some operations within a website may not be performed without the use of certain cookies that are technically necessary for operation of the website. Other cookies may contain a unique ID code that allows tracking a user’s browsing activities within a website, for statistical or advertising purposes.
The use of cookies to create profiles on users and to send advertising messages that take into account the preferences revealed by the user while browsing websites may require prior consent from the user, according to the Applicable Law that applies to that user.
The Platform uses the following types of cookies:
- Browsing or session cookies: these cookies are strictly necessary for the operation of the website, and/or to allow the user to use the website content and the Platform.
- Analytics cookies: these cookies provide information that is used to understand how a website is used, and to track traffic to and from a website.
- Functional cookies: these cookies are used to activate specific functions and to configure webpages according to the user’s preference such as font size or language.
- Profiling cookies: these cookies are used to observe a user’s interest based on activities on a website, and to send advertisements that take these preferences into account.
1.2 First Party Cookies
We use the following cookies
Technical name
Cookie type, function and purpose
Duration
has_js
The has_js cookie is used by the Drupals Batch API and it is not related to user data.
Session
mem_storage
The cookie is used while a member is completing a form, to fetch member related information in our member database and assist in the completion of the form
Session
SSESSd52c5d14dabfab1e18a22add3109f3bb
Used to maintain the session of a logged in user
20 days
ah_app_server
The cookie is associated with Acquia cloud. This cookie gets created when a new user logs in. For any user with this permission, the site sets a cookie named ah_app_server. The cookie is deleted when the user logs out.
One year
1.3 Analytics Cookies
We use Google Analytics to collect information that permits evaluation of the use of the Website, analysis of user’s behavior and improvement of user experience. See Section 5.1.
1.4 Third Party Cookies
We also use cookies owned by third parties. For further information on how these third parties use information, please refer to their privacy policies:
Crazy Egg: https://www.crazyegg.com/cookies
DoubleClick: https://support.google.com/dfp_premium/answer/2839090?hl=en
Facebook: https://www.facebook.com/policies/cookies/
Google: https://www.google.com/policies/privacy/partners/; https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage and https://tools.google.com/dlpage/gaoptout
Ooyala: http://www.ooyala.com/privacy
Parse.ly: https://www.parse.ly/privacy-policy
Quantcast: https://www.quantcast.com/privacy/
Twitter: https://help.twitter.com/en/rules-and-policies/twitter-cookies#
1.5 Web Beacons
A "Web Beacon" is an object that is embedded in a web page. It is usually invisible to you but allows us to check whether you have viewed a particular web page or email communication. We place Web Beacons on pages of the Platform, such as on our website and in emails we send to you. You may not decline Web Beacons.
1.6 How to Block or Disable Cookies
You may choose to block our Platform and other sites from setting cookies by changing the settings of your browser. Please note that blocking or disabling certain cookies may interfere with certain functionalities of some parts of our Platform.
(a.) To learn more about cookies:
All About Cookies: http://www.allaboutcookies.org/
Cookie Central: http://www.cookiecentral.com/faq/
Network Advertising: http://networkadvertising.org/.
(b.) To obtain information specific a particular browser:
Explorer: http://support.microsoft.com/kb/196955
Firefox: http://support.mozilla.org/en-US/kb/Cookies
Google Chrome: http://support.google.com/chrome/bin/answer.py?hl=en&answer=95647
Opera: http://www.opera.com/browser/tutorials/security/privacy/
Safari: http://support.apple.com/kb/ph5042
Safari iOS: http://support.apple.com/kb/ht1677
Android: http://support.google.com/android/bin/answer.py?hl=en&answer=1722193
Blackberry: http://docs.blackberry.com/en/smartphone_users/deliverables/32004/Turn_off_cookies_in_the_browser_60_1072866_11.jsp
Windows Phone: http://www.microsoft.com/windowsphone/en-us/howto/wp7/web/changing-privacy-and-other-browser-settings.aspx
1.7 Interest-based Advertising
We use information collected about a user’s use of our Platform to arrange for advertisements about our service to be served to a user on third party’s websites in accordance with our e-Marketing Policy. To do so, our advertising service provider places or recognizes a unique cookie on the user’s browser and uses other techniques, such as pixel tags.
If you would like more information about this practice and to learn about your choices, please visit http://www.aboutads.info or http://www.networkadvertising.org
1.8 Opt-out of Interest-based Advertising
Users may opt-out of receiving interest-based advertising as explained below. The opt-out may be provided through specific opt-out cookies.
(a.) To Control Advertising on Websites
Digital Advertising Alliance:
http://www.aboutads.info/choices/
http://www.aboutads.info
http://www.aboutads.info/consumers
Europe: http://youronlinechoices.eu
Network Advertising Initiative:
http://www.networkadvertising.org/choices/
http://www.networkadvertising.org
http://www.aboutads.info/consumers
(b.) Please note the following:
Using a new computer or a different browser, upgrading certain browsers, or modifying or erasing a browser’s cookie file, may clear an opt-out cookie.
Opting out of receiving interest-based advertising does not result in blocking all advertisements served to your equipment. You will continue receiving advertisements; these advertisements will be generic or based on the content of a webpage that you are visiting, instead of being targeted to your specific interests.
There are many more companies listed on these sites than those that place cookies on your device when you access our Platform.
1.9 Google Analytics, Demographics and Interest Reporting
Information collected by the Google Analytics cookie is transmitted to, and stored by, Google in accordance with its privacy practices. For more information on Google's Privacy Policies, visit: http://www.google.com/privacypolicy.html.
To see an overview of privacy at Google and how this applies to Google Analytics, please visit: https://support.google.com/analytics/answer/6004245.
To opt out of Google Analytics, please visit: https://tools.google.com/dlpage/gaoptout.
We use demographic information we collect through our use of Google Analytics Demographics and Interest Reporting solely for purposes of performing internal statistical analytics relating to the Site.
We also use Google Analytics for Display Advertising and, specifically, Google Analytics Demographics and Interest Reporting, to help us display advertising for products or services that we think may be of interest to users. You can opt-out of receiving interest-based advertisements through the Site, as well as customize the types of advertisements that will be displayed to you through the Site, by following the instructions located at https://support.google.com/ads.
1.10 Social Media
You can edit or remove the permissions you have granted to use information from your connected social media accounts by adjusting the privacy settings on your social media account. See the following for instructions on how to change or remove third party access on each platform:
Twitter: https://help.twitter.com/en/managing-your-account/connect-or-revoke-access-to-third-party-apps
Facebook: https://www.facebook.com/help/262314300536014/
LinkedIn: https://www.linkedin.com/pulse/remove-third-party-apps-connected-your-linkedin-hector-rodriguez
TERMS OF SERVICE
SEE ALL NOTES IN YELLOW
GLOBAL ALLIANCE FOR TRANSFORMATIONAL ENTERTAINMENT
These Terms of Service are effective as of, and were last updated on, January 31, 2021.
Welcome to our website located at www.gate (the "Site"). The Site is provided by Global Alliance for Transformational Entertainment . ("we," "us," "our," “Company,” or “GATE”). It allows each user or visitor (“user”, “you” or “your”) to visit the Site and participate in interactive features that we may make available from time to time (“Service”). We prepared this Global Alliance for Transformational Entertainment Terms of Service (this "Agreement") to help explain the terms that apply to your use of the Site.
1. Legal Terms; Consent
Use of the Site and Service is governed by this Agreement and the Privacy Policy, available at
INSERT LINK TO PRIVACY POLICY LOCATION
If you do not agree to this Agreement, please do not access or use any part of the Site, do not use the Service, and do not contact our employees or representatives.
2. Important Notice
THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION “DISPUTE RESOLUTION” BELOW (AND SUBJECT TO THE EXCEPTIONS SET FORTH THEREIN), REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
3. Updates to this Agreement
We may modify this Agreement from time to time. We will notify you of material changes to this Agreement by posting the amended terms on the Site at least thirty (30) days before the effective date of the changes.
If you do not agree with the proposed changes, you should discontinue your use of the Site or Service. If you continue using the Site or Service after the new terms take effect, you will be bound by the modified Agreement.
4. Privacy Policy
In connection with your use of the Site or Service, please review our Privacy Policy located at at http:www:gate in order to understand how we use information we collect from you when you access, visit or use the Site. The Privacy Policy is part of and is governed by this Agreement and by agreeing to this Agreement, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.
5. Affirmative Representations Regarding Your Use of the Site or Service
When you use the Site or Service, you represent that:
The information you submit is truthful and accurate;
Your use of the Site and of services available on the Site do not violate any applicable law or regulation;
You are 16 years of age or older;
You will comply with the rules for online conduct and making Contributions to the Site, as discussed in Section “Contributions” below; and
You will use the Site in compliance with applicable law.
6. Member Accounts and Registration
Certain areas of the Site may only be accessed by Members of Global Alliance for Transformational Entertainment in good standing.
6.1 Member Applications IF NO MEMBERS, REMOVE THIS SECTION
Membership in the Global Alliance for Transformational Entertainment is limited to individuals who are NEED CRITERIA OR GENERAL CATEGORY OF PERSON FOR MEMBERSHIP, and is granted in the GATE’s sole discretion. The process is described at INSERT LOCATION OF MEMBERSHIP PROCESS. The process is different for students and for professionals (Keep if this is accurate). In both cases, if you choose to submit an application to become a Member of GATE, you agree:
To provide true, accurate, current and complete information about yourself as prompted by the applicable registration form (the “Registration Data”);
To maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and
Not to use the name of another person with the intent to impersonate that person or in a way that otherwise causes confusion as to the origin of your account.
In addition, you represent that you have not accepted or agreed to accept any consideration for your votes in all GATE matters, as applicable. All submissions are subject to approval and acceptance by the GATE.
6.2 Member Accounts
If the GATE accepts your submission, you will be required to create a user I.D. and password that will be associated with your Member account. You may not:
Select or use as a user I.D. the name of another person with the intent to impersonate that person;
Use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or
Use as a user I.D. a name that is otherwise offensive, vulgar or obscene.
We reserve the right to refuse registration of, or to cancel, a user I.D., in our sole discretion. You will be responsible for maintaining the confidentiality of your user I.D. and password. As part of your Member account, you will be able to create a user profile, and, depending on your account settings, link to audio, video and other content, and upload photographs. Access to the restricted areas of the Site can be withheld, suspended, delayed or terminated by GATE at any time if it determines that doing so is in the best interests of GATE, as determined in its sole and absolute discretion.
7. Our Right to Manage the Site and Service
We reserve the right, but do not undertake the obligation to:
Monitor or review the Site for violations of this Agreement and for non-compliance with our policies;
Report to law enforcement authorities and/or take legal action against anyone who violates this Agreement;
Manage the Site and Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Site or Service;
Screen Users or Members, or attempt to verify the statements of Users or Members;
Monitor disputes between Users or Members, or terminate or block any User or Member for violating this Agreement; IF NO MEMBERS REMOVE REFERENCE TO MEMBERS
Refuse, restrict access to, or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any Contribution or any portion thereof;
Provide any updates, correct errors, or continue to provide or enable any particular features or functionality; and / or
Withdraw or amend any part of the Site or Service in our sole discretion and without prior notice.
We will not be liable if, for any reason, all or any part of the Site or Service is unavailable at any time or for any length of time.
8. Rules Governing User Contributions; Prohibited Activities
8.1 User Contributions
You are entirely responsible for the content of, and any harm resulting from, any links to documents, articles, photograph, recordings or other submissions that you post to the Site (collectively, "Contributions"). When you create or make available a Contribution, you represent and warrant that you:
Own or have sufficient rights to post your Contributions on or through the Site;
Will not post Contributions that violate our or any other person's privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights;
Have fully complied with any third-party licenses relating to Contributions and shall pay all royalties, fees and any other monies required to be paid in connection with Contributions that you post to or through the Site.
You may not post Contributions that:
Are defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable;
Incite, encourage or threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; or
Contain material that solicits personal information from anyone under 13 or exploits anyone in a sexual or violent manner;
Contain advertisements or solicit any person to buy or sell products or services (other than our products and services); and
Constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our or others' computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party.
8.2 Prohibited Activities
In addition to the obligations described in the Subsection immediately above, you agree that, in connection with your use of the Site or Service, you will not:
Use the Site or Service for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Site or Service without our express written consent;
Transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Site or Service or the networks or services connected to the Site, including without limitation, hacking into the Site, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;
Impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
Post jobs for modeling or talent or talent scouting positions on the Site or Service or Service;
Post on the Site or Service any franchise, pyramid scheme, "club membership," distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case these types of postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents;
Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Site or any portion thereof; or
Circumvent, disable or otherwise interfere with security related features of the Site or Service or Service or features that prevent or restrict use or copying of any Materials (as defined in Section “Ownership Rights”) or enforce limitations on use of the Site or Service or the Materials on the Site or Service or Service.
8.3 Social Media Guidelines
If you access or use any of our social media pages (e.g., Facebook) or other areas of our Site or Service that allow Users or Members to upload contributions, we ask you to follow the following guidelines when making Contributions:
Be polite and courteous;
Stay on topic;
Keep the conversation relevant to the community;
Contribute to the dialogue;
All postings should come from a real person.
We reserve the right to remove Contributions posted on our social media pages that violate these social media guidelines.
8.4 Additional Terms Applicable to the GATE Awards Balloting Process NOT SURE IF THIS IS APPLICABLE, IF NOT REMOVE, IF YES WE NEED TO DEVELOP THE RULES
Additional terms will apply to Contributions you submit on or through the Site or Service in connection with releases that have been accepted as official entries in the GATE Awards balloting process. These additional terms are located at INSERT LOCAITON OF AWARDS BALLOTING PROCESS
9. Rights in Contributions
9.1 Ownership of Contributions
We do not claim any ownership rights in the Contributions that you post on or through the Site or Service. After posting your Contributions on the Site or Service, you continue to retain any rights you may have in your Contributions, including any intellectual property rights or other proprietary rights associated with your Contributions, subject to the license you grant to us below.
9.2 Grant of License to Us
We need a license from you so that we can use your Contributions on the Site or Service or elsewhere. By making a Contribution to the Site or Service, you grant us a perpetual, non-exclusive (meaning you are free to license your Contribution to anyone else in addition to us), fully-paid, royalty-free (meaning that we are not required to pay you to use your Contribution), sublicensable (so that we can use affiliates, subcontractors and other partners such as wireless carriers and hosted service providers to make the Site or Service available to you) and worldwide (because the Internet and the Site or Service are global in reach) license to use, modify, create derivative works of, publicly perform, publicly display, reproduce and distribute the Contribution in connection with the Site or Service, our business or the promotion thereof in any media formats and through any media channels now known or hereafter devised. This license does not grant us the right to sell your Contributions. If you remove your Contributions from the Site or Service, we will cease use of your Contributions as soon as practicable; however, you understand and agree that we may retain archived copies of your Contributions.
10. Our Intellectual Property Rights
10.1 Ownership Rights
For the purpose of this Agreement, “Content” means the text, document, information, data, articles, images, photographs, graphics, designs, logos, video recordings, audio recordings, sounds, and other materials. Except for your Contributions and the Contributions of other Users of the Site and Service, all Content on the Site or Service and the trademarks, service marks, and logos contained on the Site or Service, (collectively “Materials”) are owned by us, or licensed to us by our licensors. GATE and its licensors own all right, title and interest, including all related US and foreign copyright, trademark, patent, trade secrets, and other intellectual property or proprietary rights in the Site, Service, and Materials, and these rights are protected by United States and foreign laws and international conventions. We reserve all rights not expressly granted in and to the Site, Service and Materials.
The Site, Service and the Materials are for your information and personal use only and not for commercial exploitation.
If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials.
10.2 Prohibited Uses
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of part of the Site or Service, except as follows:
Your computer may temporarily store copies of Materials or code in RAM incidental to your accessing and viewing those materials;
You may store files that are automatically cached by your Web browser for display enhancement purposes;
You may print or download one copy of a reasonable number of pages of the Site or the App for your own personal, non-commercial use, and subject to this Agreement; or
If we provide social media features with certain content, you may take such actions as are reasonably enabled by such features.
You are prohibited from using the Site or Service:
To infringe upon or violate GATE’s intellectual property rights or the intellectual property rights of others;
In any manner that could affect its functionality or operation;
In any manner that violates any applicable US or foreign law or regulation;
To impersonate or attempt to impersonate the Company, a Company employee, another User or any other person or entity; or
In any manner that could disable, overburden, damage, or impair the Site or Service or interfere with any other party’s use of the Site or Service, including their ability to engage in real-time activities through the Site or Service;
You are prohibited from accessing the Site and Service by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement.
You must not:
Modify copies of any Materials or code;
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from any part of the Site or Service;
Use any robot, spider or other automatic device, process or means to access the Site or Service for any unauthorized purpose;
Use any process to monitor or copy any of the Materials or code for any other unauthorized purpose;
Use any device, software or routine that interferes with the proper working of the Site or Service; or
Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Site or Service, the server on which the Site or Service is stored, or any server, computer or database connected to the Site or Service; or
Attack the Site or Service via a denial-of-service attack or a distributed denial-of-service attack.
11. License
Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to access and use the Site, and Service only for your personal use and not for any commercial purpose.
You may not:
Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any part of the Site or Service except as expressly permitted by this Agreement;
Modify, translate, adapt, or create derivative works or improvements, whether or not patentable, of the Site or Service;
Reverse engineer, disassemble, decompile, decode, or attempt to derive or gain access to the source code of any part of the Site or Service;
Remove, delete, alter, or obscure any copyright, trademark, patent, or other intellectual property or proprietary rights notices applied to the Site or Service;
Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or make available access to any part of the Site or Service, to any third party for any reason; or
Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features protecting any part of the Site or Service;
If you violate this Agreement, this license to use the Site or Service will cease immediately and you will be required, in our discretion and at your cost, to return or destroy any copies of the Site or Service that you have made, and to reimburse us for all costs and expenses resulting from having to recreate any data lost due to your actions or omissions, and for any loss of income or opportunity caused by such violation.
DEPENDING UPON WHAT SET UP FOR USERS FOR POSTING AND/OR SHARING WE MAY NEED TO ADD TO THIS SECTION
12. Our Right to Terminate Users
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
13. Your Interaction with Other Users
You are solely responsible for your interactions with other users of the Site or Service. Please note that there are risks, including but not limited to the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Site or through the Service and that you give to other users of the Site. We urge you not to post publicly on the Site or through the Service your full name, telephone numbers and street addresses.
Information posted to the Site or through the Service by other users may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Site. We expect that you will use caution and common sense when using the Site or the Service.
14. Term; Survival
14.1 Term
This Agreement shall remain in full force and effect while you use the Site or Service. You may terminate your use or participation at any time, for any reason, by ceasing to use the Site or Service. We may also, in our sole discretion, limit, suspend, or terminate the Site or Service or prohibit access to it.
14.2 Survival
Even after you cease using the Site or Service or following termination, the provisions of this Agreement set forth in Sections Grant of License to Us, Our Intellectual Property Rights, Warranty Disclaimers, Limitation of Liability, and Indemnity, will remain in effect.
15. Copyright Policy
As an organization of and for creators, GATE considers the protection of copyright of utmost importance. In addition to following the provisions of the DMCA, we may terminate the account and access rights of any repeat infringer in appropriate circumstances. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any user submission or Materials available on the Site or through the Service infringe upon your copyrights, you may submit a notification pursuant to our Digital Millennium Copyright Notice THIS SHOULD BE A LINK TO THE DMC NOTICE-SEE OTHER DOC .
16. Third Party Sites
The Site may contain links to websites operated by third parties (including without limitation the third party service provider that operates our online store) ("Third Party Sites"). Some of these Third Party Sites may be "co-branded" with our logos, for example our Facebook and Twitter pages, which you can access through links on the Site; however, these Third Party Sites are not operated or maintained by us. We do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites. The availability of these links on the Site does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. THIS AGREEMENT DOES NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD PARTY SITE BY MEANS OF THE SITE OR A LINK LOCATED ON THE SITE, USERS SHOULD REVIEW THE THIRD PARTY SITE'S TERMS AND CONDITIONS, PRIVACY POLICY AND ALL OTHER SITE DOCUMENTS, AND INFORM THEMSELVES OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD PARTY SITES.
17. Legal Disputes and Arbitration Agreement
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
17.1 Initial Dispute Resolution
We are available by phone at INITIALLY WE MAY NOT WANT TO INCLUDE A PHONE NUMBER (please request ?????) or email at INSERT SAME EMAL AS IN DMC NOTICE to address any concerns you may have regarding your use of the Site. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
17.2 Agreement to Binding Arbitration
If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the Subsection immediately above, then either party may initiate binding arbitration. All claims arising out of or relating to this agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Site shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement, including, but not limited to any claim that all or any part of this agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this agreement shall be subject to the Federal Arbitration Act.
The AAA’s rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. A request for payment of fees should be submitted to AAA along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to AAA.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
17.3 Class Action and Class Arbitration Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in the Subsection immediately above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
17.4 Exception; Small Claims Court Claims
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction. WE MAY WANT TO LIMIT THIS TO LA COUNTY IF IT IS LEGAL
17.5 30 Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section “Legal Disputes and Arbitration Agreement” by sending written notice of your decision to opt-out to the following address: INSERT SAME EMAIL ADDRESS AS IN DMC NOTICE. The notice must be sent within thirty (30) days of accessing the Site or registering to use the Site, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section “Legal Disputes and Arbitration Agreement”. If you opt-out of these arbitration provisions, we also will not be bound by them.
17.6 Exclusive Venue for Litigation
To the extent that the arbitration provisions set forth in this Section “Legal Disputes and Arbitration Agreement” do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Los Angeles, California (except for small claims court actions which may be brought in the county where you resideWE MAY WANT TO REQUIRE SMALL CLAIMS BE FILED IN LA AS WELL, BUT NOT SURE IF THIS IS LEGAL. The parties expressly consent to exclusive jurisdiction in Los Angeles, California for any litigation other than small claims court actions.
17.7 Applicable Law
You agree that federal laws and the laws of the State of California, without regard to principles of conflict of laws, will govern this agreement and any claim or dispute that has arisen or may arise between you and the Recording Academy.
18. Warranty Disclaimer; Limitation on Liability
18.1 Disclaimer of Warranties
ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SITE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON THE SITE, OR LINKED TO BY THE SITE, INCLUDING WITHOUT LIMITATION, MATERIALS HOSTED ON THIRD PARTY SITE, OR THAT WE BELIEVE CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE SITE, AND YOUR USE THEREOF.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE MATERIALS OR THE CONTENT OF ANY SITE LINKED TO THE SITE, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS PUBLISHED ON THE SITE OR LINKED TO BY THE SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
ERRORS, MISTAKES OR INACCURACIES OF ANY MATERIALS;
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICE;
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR;
ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
18.2. Limited Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.
18.3 Exceptions to Disclaimers and Liability Limitations
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE LIMITATIONS OR EXCLUSIONS IN THE SUBSECTIONS IMMEDIATELY ABOVE MAY NOT APPLY TO YOU.
19. Indemnity
You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, Service, or Materials in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
20. Limitation on Time to File a Claim
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF, OR RELATING TO THIS AGREEMENT, THE SITE, SERVICE, MATERIALS, OR ANY ITEM OR INFORMATION OBTAINED THROUGH THE SITE OR SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
21. Users Located Out of the United States
Access to the Site or Service by certain persons or in certain countries may not be legal. If you access the Site or Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
22. Force Majeure
Company will not be held liable for any delay or failure in performance due in whole or in part to any acts of nature, forces, or causes beyond its reasonable control.
23. Entire Agreement
This Agreement constitutes the entire agreement between you and us regarding the use of the Site and supersedes any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof.
24. Independent Contractors
Nothing in this Agreement shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
25. No Third Party Beneficiaries
This Agreement is between you and us. There are no third-party beneficiaries to this Agreement.
26. Section Titles
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
27. Non-Waiver
Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of the applicable right or provision.
28. Severability
This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
29. Assignment
We may assign our rights under this Agreement without your approval.
30. No Modifications by Our Employees
If any of our employees offer to modify the terms of this Agreement, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
31. Contact Information
If you have any questions about this Agreement or your account, you may:
Send an email to??? USE DMC email
or
Send postal Mail to:
Global Alliance for Transformational Entertainment
INSERT ADDRESS