Welcome to the Motion Picture Costumers, IATSE Local 705 (“Motion Picture Costumers”) Website. Please carefully review our User Agreement before you begin using the site. Thank you.
By using and/or visiting the Motion Picture Costumers website, social media platforms, or other Motion Picture Costumers online activity (collectively the “Website”), you signify your agreement to these terms and conditions (the “User Agreement”). If you do not agree to all of the terms and conditions contained in this User Agreement, you are not authorized to use the Website.
Although we may attempt to notify you when major changes are made to this User Agreement, you should periodically review the most up-to-date version. Motion Picture Costumers may, at its sole discretion, modify this User Agreement at any time. By continuing to use this website following our posting of such changes, you agree to be bound by this User Agreement, as modified.
Through our Website, Motion Picture Costumers provides users with access to a variety of resources, including personalized content. We reserve the right to modify, suspend, or discontinue the Website, or any part of the Website, at any time, for any reason without prior notice to you. You agree that we shall not be liable for any such modification, suspension, or discontinuance. Motion Picture Costumers also reserves the right to suspend or terminate a user’s access to the Website, without prior notice and at Motion Picture Costumers’ sole discretion.
GENERAL USE OF THE WEBSITE — PERMISSIONS AND RESTRICTIONS
Motion Picture Costumers hereby grants you permission to access and use the Website as set forth in this User Agreement, provided that:
- You agree not to transmit or otherwise make available any unsolicited advertising, promotional information, bulk e-mail or other solicitation.
- You do not use or launch any automated system, including without limitation, macros, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Motion Picture Costumers servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser. Notwithstanding the foregoing, Motion Picture Costumers grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Motion Picture Costumers reserves the right to revoke these exceptions either generally or in specific cases.
- You do not transmit or otherwise make available any content containing any “virus,” “worm,” “trojan horse,” or any other computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- You do not alter or modify any part of the Website.
- You do not circumvent, disable or otherwise interfere with security-related features of the Website or our sites or servers (or networks connected to our Website).
- You do not harass, threaten, embarrass, defame, or cause distress, unwanted attention, or discomfort to a person or entity on or through the Website or its communication systems.
- You do not transmit or otherwise make available on or through the Website any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, discriminatory, or racially, ethnically, or otherwise objectionable, as solely determined by Motion Picture Costumers.
- This list of permissions and restrictions, along with the other terms discussed below, is not intended to be complete, but merely illustrative. We reserve the right in our sole and final judgment to determine whether conduct violates conduct requirements for the Website.
INTERACTIVE FUNCTIONS ON THE WEBSITE
In order to access some features of the Website, such as electronic dues payment and posting of resumes and other professional materials, you may have to create a user account. If so, you agree to be bound by the following terms:
- When creating or modifying your account, you must provide accurate, current, and complete information. We reserve the right to disallow use of any user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing the Website through any username/password assigned to you. You must notify Motion Picture Costumers immediately of any breach of security or unauthorized use of your account. You may never use another’s account without permission.
- You retain all of your ownership rights in your User Content. However, by submitting User Content to Motion Picture Costumers, you hereby grant Motion Picture Costumers a worldwide, non-exclusive, royalty-free, sublicenseable, perpetual, and transferable license to use, reproduce, store, distribute, prepare derivative works of, and display your User Content (and your user name) in any medium in connection with the activities and operations of Motion Picture Costumers, its affiliated entities, and successors. You also hereby grant each user of the Website a non-exclusive license to access your User Content through the Website, and to use, reproduce, and distribute such User Content for such user’s personal, non-commercial purposes. You understand and agree that Motion Picture Costumers may retain, reproduce, distribute and otherwise use for any purpose copies of User Content that has been removed from the Website. The above licenses granted by you are perpetual and irrevocable.
- Motion Picture Costumers does not endorse, authorize or ratify any User Content, or any opinion, recommendation, or advice expressed therein, and Motion Picture Costumers expressly disclaims all liability in connection with User Content. Motion Picture Costumers does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and reserves the right, but does not assume the obligation, to remove any content from the Website if notified that such content infringes on another’s intellectual property rights.
YOUR USE OF CONTENT ON THE SITE
In addition to the restrictions above, the following restrictions and conditions apply specifically to your use of content on the Website.
- The content on the Website (other than your User Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, documents, interactive features and the like (collectively, “Motion Picture Costumers Content”) is owned by or licensed by Motion Picture Costumers. Portions of the trademarks, service marks and logos contained on the Website may be owned or licensed by IATSE (“IATSE Marks”) or Motion Picture Costumers (“Motion Picture Costumers Marks”). Except as otherwise provided in this User Agreement or expressly provided for elsewhere on the Website, the Motion Picture Costumers Content, the Motion Picture Costumers Marks, and the IATSE Marks may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Motion Picture Costumers or IATSE, as the case may be. Motion Picture Costumers reserves all rights not expressly granted in and to the Motion Picture Costumers Content and the Motion Picture Costumers Marks.
- The Website is made available for your personal use only. As part of such use, you may display, download and/or print pages from the site; you may link to the Website; and you may forward Website materials to others for personal uses that are reasonably related to the Website’s purposes.
- You understand that when using the Website, you will be exposed to Motion Picture Costumers Content, User Content, and other third-party content, and that Motion Picture Costumers makes no warranty about the accuracy, usefulness, safety, or intellectual property rights of or relating to such Motion Picture Costumers Content, User Content, or other third-party content. You further understand and acknowledge that you may be exposed to User Content that may be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Motion Picture Costumers with respect thereto.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any Motion Picture Costumers Content or User Content infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Motion Picture Costumer’s Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- Identification of the copyrighted work claimed to have been infringed;
- 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 Motion Picture Costumers to locate the material;
- A statement that you have 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 you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed;
- Your name, mailing address, telephone number, and e-mail address; and
- A physical or electronic signature of the owner of the exclusive right that is allegedly infringed, or that of the person authorized to act on behalf of the owner.
- Notifications of claimed infringement can be directed to email@example.com. You acknowledge that if you fail to comply with all of the above requirements, your DMCA notice may not be valid.
For clarity, only DMCA notices should go to the Copyright Agent. Please contact us by emailing firstname.lastname@example.org for any other feedback, comments, requests for technical support, or other communications with Motion Picture Costumers.
THIS WEBSITE IS PROVIDED TO YOU “AS IS.” YOU AGREE THAT YOUR USE OF THE MOTION PICTURE COSTUMERS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MOTION PICTURE COSTUMERS, AS WELL AS ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, “THE MOTION PICTURE COSTUMERS PARTIES”), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE MOTION PICTURE COSTUMERS PARTIES CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. NOR DO THE MOTION PICTURE COSTUMERS PARTIES GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MOTION PICTURE COSTUMERS PARTIES DO NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MOTION PICTURE COSTUMERS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE MOTION PICTURE COSTUMERS PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER OR NOT THEY ARE FORESEEABLE, RELATING TO THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOTION PICTURE COSTUMERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE MOTION PICTURE COSTUMERS PARTIES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. TO THE EXTENT THESE LAWS APPLY TO YOU, SOME OF THE PROVISIONS SET FORTH IN THIS AGREEMENT MAY NOT APPLY. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE MOTION PICTURE COSTUMERS PARTIES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF YOUR USE OF AND ACCESS TO THE WEBSITE OR YOUR VIOLATION OF ANY OF THIS USER AGREEMENT. THIS INDEMNIFICATION OBLIGATION WILL SURVIVE THIS USER AGREEMENT AND YOUR USE OF THE WEBSITE.
ABILITY TO ACCEPT USER AGREEMENT
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this User Agreement, and to abide by and comply with this User Agreement. In any case, you affirm that you are over the age of 13, as the Motion Picture Costumers Website is not intended for children under 13 nor is any content aimed at children under 13.
This User Agreement shall be governed by the internal substantive laws of California, without respect to its conflict of laws principles. Any claim or dispute between you and Motion Picture Costumers that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in California. This User Agreement, together with any other legal notices published by Motion Picture Costumers on the Website, shall constitute the entire agreement between you and Motion Picture Costumers concerning the Website and supersedes prior agreements, if any, between you and Motion Picture Costumers relating to any matter dealt with in the User Agreement. If any provision of this User Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this User Agreement, which shall remain in full force and effect. No waiver of any term of this User Agreement shall be deemed a further or continuing waiver of such term or any other term, and Motion Picture Costumers’ failure to assert any right or provision under this User Agreement shall not constitute a waiver of such right or provision. This User Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Motion Picture Costumers without restriction. This User Agreement and the rights and obligations created hereunder shall be binding upon and inure solely to the benefits of the parties hereto and their respective successors and assigns, and nothing in this Agreement, express or implied, is intended or should be construed to confer upon any other person any right, remedy or claim under or by virtue of this Agreement. You and Motion Picture Costumers agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
This User Agreement is made effective as of November 6, 2020.