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This privacy policy applies to the Hungerward.org website controlled by SpinFilm, LLC. This privacy policy does not pertain to information that is collected offline.

BY USING THE SITE, YOU CONSENT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND TO OUR PROCESSING OF PERSONAL INFORMATION FOR THE PURPOSES STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE SITE.

A. Information Collected: This privacy policy applies only to information collected on the Site and does not apply to information collected by SpinFilm through any other means. For details on the information collected and used from children under the age of 13. See Section D.

We collect two types of information from visitors to the Site: (1) Personally Identifiable Information; and (2) Non-Personally Identifiable Information, such as your IP address or cookies. Personally Identifiable Information

Personally Identifiable Information is information that identifies you personally, such as your name, address, telephone number, email address, or company name. SpinFilm collects and stores the personally identifiable information that you have provided to us. Here are some examples of manners in which we may collect your personally identifiable information on the Site:

We may collect your email address, first and last name and zip code if you sign up for an online newsletter;

We may collect your email address if you contact us with a question; We may collect your first and last name, date of birth, email address, and zip code if you choose to participate in a contest or sweepstakes or participate in a sponsored campaign; and

We may collect your email address, place of residence and other information from your public profile if you register for the Site through a social media site such as Facebook.

The above list provides an example of the personally identifiable information that may be collected on the Site. If you do not want SpinFilm to collect your personally identifiable information, please do not provide it to us.

(2) Non-Personally Identifiable Information

Non-Personally Identifiable Information can be technical information or it can be demographic information, such as your age, gender or interests. Non-personally identifiable information does NOT identify you personally. Here are some examples of the non-personally identifiable information that is collected via the Site and a description of how this information is used:

Internet Protocol (IP) address: Your IP address is a number that lets computers attached to the Internet know where to send you data - such as the webpages you view. We use this information to deliver our webpages to you upon request, to tailor our Site to the interests of our users and to measure traffic within our Site.

Cookie: A “cookie” is a small text file that may be used to collect information about your activity on the Site. For example, when someone visits a page within the Site, a cookie is placed on the user’s machine (if the user accepts cookies) or is read if the user has visited the Site previously. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, but if you do, you may not be able to take advantage of the personalized features enjoyed by other users to our Site.

Web Beacons (also known as “clear gifs,” “web bugs,” or “pixel tags.” Web Beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to allow us to count users who have visited certain pages of the Site and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, web beacons can tell the sender whether and when the email has been opened. In contrast to cookies, which are stored on a user’s computer hard drive, web beacons are embedded invisibly on web pages.

Demographic Information: Demographic Information may be your gender, age, zip code and interests, which you voluntarily provide to us on the Site. We use this information to provide you with personalized services and to analyze trends to ensure the information provided by the Site meets your needs. The above list provides an example of the non-personally identifiable information that is collected via the Site.

B. Use of Information Collected Via the Site

(1) Personally Identifiable Information

We use your personally identifiable information that is collected on the Site primarily for the following purposes:

To deliver services, such as educational programs, information, newsletters or software you request or purchase;

To alert you to special offers, updated information and other new services from SpinFilm, or other third parties, or to forward promotional materials;

To complete a transaction or service requested by you; To fulfill the terms of a promotion;

To ensure the Site are relevant to your needs;

To help us create and publish content most relevant to you;

To notify you about a material change to this privacy policy or the Visitor Agreement, if necessary;

To allow you access to limited-entry areas of the Site; and

To contact you in response to sign up forms such as Contact Us or Order Inquiry.

(2) Non-Personally Identifiable Information

Non-personally identifiable information is used as described above and in other ways as permitted by applicable laws, including combining non-personally identifiable information with personally identifiable information (except with respect to non-personally identifiable information collected from children under the age of 13).

C. Sharing and Disclosure of Information

(1) Personally Identifiable Information We may share or disclose your personally identifiable information in the following instances:

(i) To fulfill a service to you. For example, if you choose to watch an educational program on the Site, we may share your personally identifiable information in order to provide the program to you. In addition, if you email us a question, we may use your email address to process your request and respond to your question. Also, if you are entering a sweepstakes or contest, we may use your personally identifiable information in order to fulfill the terms of that promotion. This means that we may share the information for prize fulfillment purposes or mail carriers. We also may share your information with the co-sponsor of that promotion.

(ii) To affiliates, strategic partners, agents, third party marketers or other unaffiliated parties who are supporting the programming offered through the Site or are offering products or services that we believe may be of interest to you or who require your personally identifiable information for research, administrative and/or internal business purposes. These parties may use your personally identifiable information to contact you with an offer or advertisement related to a product or service, or they may use such information for their own research, administration or business purposes. If you do not want us to share your personally identifiable information in this manner, please do not provide us with this information.

(iii) To unaffiliated third-party service providers, agents or independent contractors who help us maintain our Site and provide other administrative services to us (including, but not limited to, order processing and fulfillment, providing customer service, maintaining and analyzing data, sending customer communications on SpinFilm’s behalf, and entry collection, winner selection and prize fulfillment for contests, sweepstakes and other promotions). We seek to ensure that these unaffiliated third parties will not use the personally identifiable information for any other purpose than to provide the administrative services for which they are responsible. Because such unaffiliated third-party service providers that help us administer our Site will have access to users’ personally identifiable information, if you do not wish for our unaffiliated third-party service providers to have access to your information, please do not register or submit any personally identifiable information to us.

(v) To comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on us, protect and defend our rights or property, including the rights and property of SpinFilm and its family of Site or act in urgent circumstances to protect the personal safety of our end users.

(vi) To third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.

(vii) To track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.

(viii) To protect against potential fraud, we may verify with third parties the information collected from these Site. In the course of such verification, we may receive personally identifiable information about you from such services. In particular, if you use a credit card or debit card to purchase services with us, we may use card authorization and fraud screening services to verify that your card information and address matches the information that you supplied to us, and that the card has not been reported as lost or stolen. Except as described in this Privacy Policy or at the time we request the information, we do not otherwise use, share or otherwise disclose your personally identifiable information to any third parties.

(2) Non-Personally Identifiable Information

We use non-personally identifiable information collected on the Site in the manner disclosed above in the Section A(2). We may share this non-personal information with third parties.

D. Collection and Use of Information from Children Under the Age of 13

(1) Collection of Personally Identifiable Information Collected from Children

In most instances, SpinFilm will only request the first name and email address of the child in order to complete an immediate request from the child. The information that is collected will only be used for the requested purpose and will be deleted immediately. SpinFilm will not store or otherwise use that information. Here are some examples of instances in which SpinFilm may immediately delete the child’s information after the completion of the child’s initial request:

If the child emails an inquiry;

If the child participates in a game;

If the child refers a game to a friend, we may request his or her first name and email address and the friend’s first name and email address;

If the child wants to receive a postcard on one occasion; and

If the child sends a postcard to a friend on one occasion, we may request his or her first name and email address and the friend’s first name and email address.

From time to time, we may request limited personally identifiable information from children in order to offer a service, a promotion or other activity to children. In such an instance, we will request that the child provide his or her email address, as well as the email address of his or her parent or legal guardian (parent). SpinFilm will use that email address to send the parent an email letting him or her know about the child’s contact. The email will include details on how the parent may (i) provide SpinFilm with consent; (ii) prohibit SpinFilm from any further contact with the child; or (iii) delete the child’s personally identifiable information. SpinFilm will not collect more information than is reasonably necessary for the child to participate in the activity at issue.

Below are some examples of instances in which we may collect the first name and email address from children on the Site and require parental consent:

If the child wants to enter a sweepstakes, contest or other promotion; and

If the child wants to receive newsletters on a recurring basis.

From time to time, we may request limited personally identifiable information from children in order to offer a service, a promotion or other activity to children. In such an instance, we will request that the child provide his or her email address, as well as the email address of his or her parent or legal guardian (parent). SpinFilm will use that email address to send the parent an email letting him or her know about the child’s contact. The email will include details on how the parent may (i) provide SpinFilm with consent; (ii) prohibit SpinFilm from any further contact with the child; or .paragraph iii) delete the child’s personally identifiable information. SpinFilm will not collect more information than is reasonably necessary for the child to participate in the activity at issue.

(2) Use of Personally Identifiable Information Collected from Children

When we collect personally identifiable information from kids, we will only use that information for the express purpose for which it was collected. For example, if a child enters a sweepstakes, we will request the parent’s information (as described in Section D(1)) and will only use the child’s email address to enter the child into the sweepstakes, to notify the parent of the child’s entry, and to identify and notify the child if he or she is a potential winner. The personally identifiable information will not be used for any other purpose, and the personally identifiable information will not be used after the promotion is complete.

(3) Sharing of Personally Identifiable Information Collected from Children

Except as provided in this Section, we do not share personally identifiable information collected from children with any unaffiliated third parties. We may, however, share a child’s personally identifiable information that we have collected with parental consent in the following limited instances:

We may share such information with third-party service providers who help SpinFilm maintain the Site and provide other administrative services to us. We seek to ensure that these unaffiliated third parties may not use the personally identifiable information for any other purpose, and these unaffiliated third parties have agreed to maintain the confidentiality, security and integrity of the personally identifiable information.

If a child is selected as a potential winner of one of our contests or sweepstakes, we will notify the child’s parent via the email address that the child submitted. If the parent consents, we will collect and share this information in order to fulfill the terms of the promotion.

Finally, we may disclose a child’s personally identifiable information to third parties if we believe we are required to do so in order to comply with law (including court orders and subpoenas); to comply with requests from law enforcement agencies or the government; to enforce our Visitor Agreement; to protect our rights, privacy, safety or property and the rights, privacy, safety or property of our employees or other users of our Site; to protect our operations; and to permit us to pursue available remedies or limit the damages that we may sustain.

(4) Non Personally Identifiable Information

We collect and store the non-personally identifiable information that is described in Section A(2) of this privacy policy. We do not, however, link this information to personally identifiable information when it is collected from children.

(5) Note to Parents and Legal Guardians

Please contact SpinFilm at any time regarding privacy questions or concerns, or to request to review what personally identifiable information we have collected from a child. Parents may also contact us at any time to request that we delete the personally identifiable information of a child or a parent and/or refuse to permit further collection or use of a child’s information. We will take steps to ensure that any person contacting us regarding a child’s information is the child’s parent or guardian.

E. International Transfer of Information

If you choose to provide us with personally identifiable information, SpinFilm may transfer that information to its affiliates and subsidiaries or to other third parties, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personally identifiable information to the United States which does not have the same data protection laws as the EU and by providing your personally identifiable information you consent to: the use of your personally identifiable information for the uses identified above in accordance with this privacy policy; and the transfer of your personally identifiable information to the United States as indicated above.

F. Opt-Out

We communicate with users who subscribe to our services on a regular basis via email. For example, we may use your email address to confirm your request, to send you notice of payments, to send you information about changes to our products and services, and to send notices and other disclosures as required by law. Generally, users cannot opt-out of these communications, but they will be primarily informational in nature rather than promotional.

However, we provide you the opportunity to exercise an opt-out choice if you do not want to receive other types of communication from us, such as emails or updates from us regarding new services and products offered on the Site or if you do not want us to share your personally identifiable information with third parties. The opt-out choice may be exercised by ticking or un-ticking the appropriate box if such checkbox is available at the points where personally identifiable information is collected or by contacting us. We will process your unsubscribe as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed. You also may opt-out of receiving such emails by clicking on the “unsubscribe” link within the text of the email.

G. Forums, Chat Rooms and Other Public Posting Areas

Please note that any information you include in a message you post to any chat room, forum or other public posting area is available to anyone with Internet access. If you do not want people to know your e-mail address, for example, do not include it in any message you post publicly.

PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.

H. Third Party Web Sites

This statement applies solely to information collected on the Site. The Site may contain links to other web sites. We are not responsible for the privacy practices or the content of these other web sites.

I. Third Party Advertisers

We may use advertisers, third party ad networks, and other advertising companies to serve advertisements on the Site. Please be advised that such advertising companies may gather information about your visit to the Site or other Site (such as through cookies, web beacons and other technologies) to enable such advertising companies to market products or services to you, to monitor which ads have been served to your browser and which webpages you were viewing when such ads were delivered. If you would like more information about this practice and to know your choices please click here. PLEASE NOTE THAT THIS POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH ADVERTISING COMPANIES.

J. Accessing Your Personally Identifiable Information and Privacy Preferences

We provide you with an opportunity to access your personally identifiable information to ensure it is correct, accurate and current. To edit your personally identifiable information, please contact our customer service representatives at admin@hungerward.org. To be removed from our mailing list or if you would prefer that we do not share your information with third party marketers, please contact us at:. If for any reason you are not able to update or edit your personally identifiable information at this page, you can access such information by contacting us as described below. We will make reasonable efforts to accommodate your request.

K. Assignment

In the event that all or part of our assets or sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personally identifiable and non-personally identifiable information collected via the Site.

*L. Changes to this Privacy Policy * We reserve the right to change this privacy policy from time to time. When we do, we will also revise the “last updated” date at the bottom of this privacy policy. For changes to this privacy policy that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will attempt to obtain your consent before implementing the change by sending a notice to the primary email address specified in your account or by placing a prominent notice on the Site.

We will also notify parents if we change the kinds of information that we collect from children and materially alter our practices of sharing and using this information. We will not collect, use or share the information without parental consent.

M. Security

No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to SpinFilm is done at your own risk.

Once we receive your transmission, we make reasonable efforts to ensure security on our systems. We use firewalls to protect your information from unauthorized access, disclosure, alteration, or destruction. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software.

If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using these Site or providing personally identifiable information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of these Site. We may post a notice on our Site if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

N. Age Screening

Some parts of the Site require that personally identifiable information be submitted in order to participate. For example, if you want to receive one of our newsletters, you must give us your email address. Some parts of the Site will have an age-screening mechanism to prevent kids from registering. We will not knowingly allow anyone under the age of thirteen to register with any of our Site, or to access those features that require registration, except as explicitly disclosed herein.

If we become aware that we have inadvertently received personally identifiable information from a user under the age of thirteen other than in a legally permissible situation, we will delete the information from our records as soon as we discover it.

O. Contacting SpinFilm

If you have any questions about this privacy policy or our privacy practices, please contact us at info@hungerward.org All information you provide in any written communication will also be covered by this policy.

P. Dispute Resolution

In the event of any controversy, claim or dispute (dispute) related to or arising out of your use of the Site, other than disputes related to or involving SpinFilm’s intellectual property or licensed intellectual or proprietary rights, you and SpinFilm mutually agree to the following dispute resolution procedure:

The parties will first attempt in good faith to resolve any dispute by informal negotiation.

The informal negotiation period will begin when the party asserting the dispute sends a written notice to the other party describing the facts and circumstances of the dispute. If, after sixty (60) days from the date the notice of dispute is sent, the parties have been unable to resolve the dispute, either party may commence binding arbitration. The parties may agree to extend the informal dispute resolution period by mutual written agreement.

If the parties are unable to resolve the dispute through informal negotiation, you and SpinFilm agree that exclusive jurisdiction for the dispute shall be binding arbitration before one arbitrator to be mutually agreed upon by both parties. If the parties cannot agree on the selection of an Arbitrator, they shall each select one Arbitrator from the list of qualified JAMS arbitrators and those two Arbitrators shall select the person who shall serve as the Arbitrator for such dispute. Arbitration shall be initiated in the New York, N.Y., area and shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on any potential award may be entered in any court having jurisdiction. BY USING THE SITE, YOU ARE HEREBY GIVING UP YOUR RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Unless the arbitrator concludes that the arbitration was frivolous or brought for an improper purpose, SpinFilm will pay all filing, JAMS, and arbitrator’s fees and expenses.

ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. Neither party shall have the right to have a dispute heard as a class action and no arbitration or proceeding can be combined with another without the prior written consent of all parties to the proceeding.

Q. Choice of Law

This privacy policy has been made in and shall be construed in accordance with the laws of the State of Washington , without giving effect to any conflict of law principles.

The parties acknowledge that this policy evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Policy shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

R. Choice of Forum

By using the Site, you agree that the exclusive jurisdiction for any dispute not subject to the arbitration provision discussed above shall be the state and federal courts located in Washington.

YOUR CALIFORNIA PRIVACY RIGHTS

SpinFilm does not support Do Not Track browser settings and does not currently participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your Personally Identifiable Information or Non Personally Identifiable Information.

Beginning on January 1, 2005, California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding SpinFilm’s disclosure of personally identifiable information to third parties for their direct marketing purposes. To make such a request, please contact us:

Last updated August 16, 2020.

 

HUNGWERWARD.org VISITOR AGREEMENT

Welcome to Hungeward.org, brought to you by SpinFilm, LLC. and its affiliates. Please read this Visitor Agreement; by using this website, you accept its terms.

This Visitor Agreement applies to your use of the Hungwerward.org website (the Site).

The Web is an evolving medium; we may change the terms of this Visitor Agreement from time to time. By continuing to use the Site after we post any such changes, you accept this Visitor Agreement, as modified. We may change, restrict access to, suspend or discontinue the Site, or any portion of the Site, at any time. Spinfilm respects the privacy of our users. Please take a few minutes to review our Privacy Policy.

If you disagree with any material you find on the Site, we recommend that you respond by noting your disagreement in an appropriate site forum where there is one. We also invite you to bring to our attention any material you believe to be factually inaccurate by contacting us at info@Hungerward.org .

The material that appears on the Site is for informational and entertainment purposes only.

Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you’ve found on the Site, you should confirm any facts that are important to your decision. SpinFilm and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the Site.

SpinFilm is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by SpinFilm or its licensors.

*NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT *

INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to SpinFilm’s Designated Agent. To be effective, the notification must be a written communication that includes 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 us to locate the material;

Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an e-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 SpinFilm, its agent or the law;

and

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 SpinFilm of an exclusive right that is allegedly infringed.

We may give notice to our users by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

Your physical or electronic signature;

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 from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;

and

Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

COMMUNITY AND SOCIAL MEDIA SITES, CHAT ROOMS, FORUMS, AND BLOGS

SpinFilm wants to encourage an open exchange of information and ideas through the Site. But we cannot and do not review every posting made on SpinFilm’s community and social media sites, or in chat rooms, forums, blogs, and other public posting areas. You can expect these areas to include content, information, and opinions from a variety of individuals and organizations other than SpinFilm . We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or expert guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.  Responsibility for what is posted on SpinFlim’s community and social media sites, or in chat rooms, forums, blogs and other public posting areas on the Site lies with each user you alone are responsible for material you post. SpinFilm does not control the messages, information or other content that you or others may provide through the Site. You may use the Site for lawful purposes only.

By using the Site, you agree not to submit, post or transmit through the Site any material or otherwise engage in any conduct that:

-              Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;

-              Allows you to gain unauthorized access to the Site, or any account, computer system, or network connected to the Site, by means such as hacking, password mining or other illicit means;

-              Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or contains explicit or graphic descriptions or accounts of sexual acts;

-              Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

-              Collects for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

-              Impersonates any person, business or entity, including SpinFilm and its employees and agents, or falsely states or otherwise misrepresents your affiliation with any person, business or entity, including SpinFilm;

-              Contains an advertisement or solicitation or encourages others to make a donation;

-              Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;

-              Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;

-              Results in the posting or transmission of any message anonymously or under a false name;

-              Permits any person to access, using your account, any features of the Site that may require registration;

-              Results in a single message being posted to more than five areas of any Site or results in any message being posted to any area of the Site if that message is, in our view, off-topic or in violation of this Visitor Agreement; or

-              Violates this Visitor Agreement, guidelines or any policy posted on the Site, or interferes with the use of the Site by others.

Although SpinFilm cannot monitor all content on the Site or postings in the chat rooms, forums, blogs and other public posting areas, you understand that SpinFilm shall have the right, but not the obligation, to monitor the content of the Site to determine compliance with this Visitor Agreement and any other operating rules that may be established by SpinFilm from time to time. SpinFIlm shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any material, including but not limited to Video Submissions, submitted to or posted on the Site for any reason, including violation of this Visitor’s Agreement, whether for legal or other reasons, or because the material is objectionable or stale. Notwithstanding this right of ours, users shall remain solely responsible for the content of their messages and Video Submissions. You acknowledge and agree that neither SpinFilm nor any of its affiliates or distribution partners shall assume or have any liability for any action or inaction by SpinFilm with respect to any conduct within the Site or any communication or posting on the Site. SpinFilm also reserves the right to disclose any information that SpinFilm believes necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part.

SpinFilm requires you not to use the Site to violate anyone’s copyright, trademark or other intellectual property rights. By posting or submitting any material (including, without limitation, photographs and videos) to the Site, you are warranting and representing that you own or have the right to post or make such submission of the material, or are making your submission or posting with the express consent of the SpinFilm, and that no other party has any right, claim, or interest in the material that you have submitted or posted. You also warrant that all moral rights in any material that you submit to us or post have been waived. Submitting or posting material that is the property of another, without the consent of its SpinFilm, is not only a violation of this Visitor Agreement, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.

LINKING

We welcome links to the Site. You are usually free to establish a hypertext link to the Site so long as the link does not state or imply any sponsorship or endorsement of your site by the Site or by SpinFilm. However, you should check the copyright notice on the page to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on the Site.

NO SOLICITING

You agree not to use the Site to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express written approval.

NO SPAMMING OR SPIMMING

From time to time, users post their e-mail addresses in our chat rooms, forums, blogs and other public posting areas. You may not gather these e-mail addresses for commercial or illegal purposes, such as sending unsolicited or unrequested e-mail or instant messages.

NO FRAMING

Without the prior written permission of SpinFilm, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Site, or incorporate any intellectual property of the Site, SpinFilm or any of their licensors into another website or other service.

TRADEMARKS

We do not want anyone to be confused as to which materials and services are provided by SpinFilm and which are not. You may not use any trademark or service mark appearing on the Site without the prior written consent of the owner of the mark.

ACCURACY OF INFORMATION

The SpinFilm staff works hard to ensure that information we post to the Site is both timely and accurate. But the news changes over time and reports that were accurate when posted may quickly become old news. Though we may post follow-up reports, and may continue to provide access to the original report, as in an archive of news stories, for example, we do not go back and change the original report to reflect new developments. If you are looking for the most recent information on a given subject, and not the history of how the story unfolded, be sure you are not looking at an out-of-date report. AGE RESTRICTION

You must be at least 13 years old to register on the Site. By registering on the Site, you warrant that you are at least 13 years old.

DISCLAIMER OF WARRANTIES AND LIABILITY

We work hard to make the Site interesting and enjoyable places, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using the Site.

YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THE SITE OR ANY MATERIAL AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THE SITE, SPINFILM INC. AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SITE, NOR DO THEY GUARANTEE THAT THE SITE WILL BE ERROR- FREE OR CONTINUOUSLY AVAILABLE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL THE SITE, SPINFILM OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE SITE, SPINFILM AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF THE SITE, SPINFILM AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SITE WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO SPINFILM FOR THE USE OF THE SITE.

DISPUTE RESOLUTION

In the event of any controversy, claim or dispute (dispute) related to or arising out of your use of the Sites, you and SpinFilm mutually agree to the following dispute resolution procedure: The parties will first attempt in good faith to resolve any dispute by informal negotiation. The informal negotiation period will begin when the party asserting the dispute sends a written notice to the other party describing the facts and circumstances of the dispute. If, after sixty (60) days from the date the notice of dispute is sent, the parties have been unable to resolve the dispute, either party may commence binding arbitration. The parties may agree to extend the informal dispute resolution period by mutual written agreement. If the parties are unable to resolve the dispute through informal negotiation, you and SpinFilm agree that exclusive jurisdiction for the dispute shall be binding arbitration before one arbitrator to be mutually agreed upon by both parties. If the parties cannot agree on the selection of an Arbitrator, they shall each select one Arbitrator from the list of qualified JAMS arbitrators and those two Arbitrators shall select the person who shall serve as the Arbitrator for such dispute. Arbitration shall be initiated in the New York, N.Y., area and shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on any potential award may be entered in any court having jurisdiction. BY USING THE SITES, YOU ARE HEREBY GIVING UP YOUR RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Unless the arbitrator concludes that the arbitration was frivolous or brought for an improper purpose, SpinFilm will pay all filing, JAMS, and arbitrator’s fees and expenses. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. Neither party shall have the right to have a dispute heard as a class action and no arbitration or proceeding can be combined with another without the prior written consent of all parties to the proceeding.

CHOICE OF LAW

This Agreement has been made in and shall be construed in accordance with the laws of the State of Washington, without giving effect to any conflict of law principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

CHOICE OF FORUM

By using the Site, you agree that the exclusive jurisdiction for any dispute not subject to the arbitration provision discussed above shall be the state and federal courts located in Washington .

INDEMNITY

You agree to indemnify, defend and hold harmless SpinFilm, its affiliates, and their officers, directors, employees, agents, licensors, distribution partners and suppliers, from and against any and all losses, expenses, damages and costs (including reasonable attorneys’ fees) resulting from any violation of this Visitor Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing any SpinFilm Site using your account.

SEVERABILITY

In the event that any portion of this Visitor Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of this Visitor Agreement, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the Visitor Agreement.

ASSOCIATED PRESS CONTENT

The Site may include certain content owned by the Associated Press. Without limiting the generality of any of the foregoing provisions of this Visitor Agreement, you specifically acknowledge and agree that (a) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium; (b) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (c) the Associated Press will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing; (d) the Associated Press is an intended third-party beneficiary of this Visitor Agreement and may exercise all rights and remedies available to it; and (e) the Associated Press reserves the right to audit possible unauthorized commercial use of Associated Press materials or any portion thereof at any time. By using the Site, you agree to abide by the terms of this Visitor Agreement. We hope you enjoy using the Site, and we welcome suggestions for improvements. Thanks for making the Site part of your discoveries online! Last updated August 16, 2020.

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