Terms of Use & Privacy Policy
EFFECTIVE AS OF FEBRUARY 14, 2024.
These Terms of Use (“Terms”) are between you (referenced herein as “you” or “user” or with “your”) and Producing for the Planet Society (the “Society”) and govern and apply to your access and use of the Society’s internet properties and primary website available at www.producingfortheplanet.com (the "Website"). By accessing or using the Website you agree to comply with and to be bound by all of the terms and conditions described in these Terms. If you do not agree to all of these Terms, you are not authorized to use the Website.
You hereby certify that you are (i) the age of majority in the province/territory/State that you reside, and that you have the legal ability to consent to the these Terms.
1. LICENSE GRANT
1.1 The Website is made available by the Society, and these Terms provides to you a personal, revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to use the Website conditioned on your continued compliance with these Terms. You may print and download materials and information from the Website solely for your personal use, or for internal business purposes only, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that you do not further distribute or disclose such materials and information. These Terms also provides to you a personal, revocable, limited, non-exclusive, non-transferable, and non-sublicensable license and right to use any Society tools or materials provided to you via the Website (collectively, the “Society Materials”) solely for internal business purposes, provided that you do not further distribute, sell, license or disclose such materials other than as permitted by these Terms. You may not access or use the Website or any materials through the Website for any commercial or unauthorized purposes.
1.2 This licence grant is only a license and not an assignment or sale. The Society transfers no ownership or intellectual property interest or title in and to the Website or Society Materials to you or anyone else. Further, the Society reserves all rights not expressly granted by these Terms, including the right to update or otherwise implement new versions or changes to these Terms, the Website (and any content therein), and the Society Materials. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove, or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Society or the Society Materials, nor may you use the Website or the Society Materials to develop a product or service that competes with the offerings provided by the Society.
2. COMMITMENT PROCESS AND OBLIGATIONS
2.1 Companies and/or legal entities whose primary business is the creation and production of independent media entertainment properties across film, television and digital platforms (“Independent Producers”) who wish to become signatory to the Producing for the Planet climate action commitment found on the Website (the “Commitment”) may do so by completing a registration form through the Website (“Registration”) which includes providing certain personal information and company information such as logos, descriptions of the company’s operations or projects, and contact information (“Registration Information”).
2.2 Registrations must be made on behalf of an Independent Producer operating in Canada. You agree that (i) you have the authority to submit such Registration and agree to the Commitment; and, (ii) the information you provide is true, accurate, current and complete; and (iii) you will promptly update the Society in the event any Registration Information changes to keep it true, accurate, current and complete.
2.3 The Society reserves the right in its sole discretion to not approve a Registration for any reason. Once an Registration is confirmed and approved by the Society, an Independent Producer shall be deemed a signatory company of the Commitment (a “Signatory Company”). The Society grants to a Signatory Company (and their related and subsidiary companies) a revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to use:
(i) the name and the then current version of the signatory logo of the Society (“Current Signatory Logo”), as made available by the Society, solely for the purpose of identifying the Signatory Company as a current signatory to the Commitment, subject to any use restrictions or guidelines as provided by the Society. As a Signatory Company, you hereby grant the Society a revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to use: (i) the name, logo and trademark of the Signatory Company for the sole purpose of identifying the Signatory Company as a signatory to the Commitment;
(ii) the Registration Information and other non-confidential information provided in writing by the Signatory Company to the Society (for e.g.: a company profile, contact information, Submissions, or project information), (collectively, “Company Materials”) for use on the Website, and in communications, press and other promotion of the Society.
2.4 The Society reserves the right in its sole discretion to revoke a Signatory Company status for any reason and at any time. A Signatory Company shall maintain its status as a Signatory Company until such status is revoked in accordance with the following:
(i) The Signatory Company: (a) has failed to meet the terms of the Commitment, as assessed by the Society on an annual basis; (b) has breached the Terms; (c) acts in such a way as to bring disrepute to the Society, its members, or another Signatory Company, or (d) the Signatory Company ceases to do business or is sold to a third party.
(ii) The Signatory Company may notify the Society in writing at any time that they no longer wish to be a Signatory.
(iii) The Society ceases to do business.
2.5 If a Signatory Company’s status is revoked as per Article 2.4 above, neither party shall have any further obligation to the other and the license grants related to Signatory Companies granted herein shall cease immediately.
3. SUBMISSIONS
The Society may provide access to features where you can share and exchange information or content with the Society or with other users or Signatory Company(ies) (with such shared or exchanged information or content referenced collectively as a “Submission(s)”). Submissions include, but are not limited to, any material that you submit to the Society or other tools and resources made available on the Website. By submitting a Submission, you automatically grant the Society the royalty-free right to use your Submission for any lawful purpose, including making such Submission available at no cost for other Website users. You also agree that your Submission is nonconfidential, and that you have all rights and permission necessary to submit, display, or make available any content in your Submission. You further agree that by using the Website, you will not upload, post, display, or transmit any material which contains (i) any unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, privacy rights, or publicity rights of any other person; (ii) malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of the Society; and (iii) statements or material that violates any law or regulation in any jurisdiction. The Society reserves the right to establish additional practices, parameters, and limits in its sole discretion concerning the storage, display, or availability of any Submission(s). the Society reserves the right to delete or take other action with respect to Submissions that the Society believes in good faith violate this Terms and/or are potentially unlawful, as well as the right to remove any Submissions in its sole discretion.
4. ACCEPTABLE USE
You agree not to access or use the Website in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms. You shall not post, use, store or transmit (i) a message or information under a false name; (ii) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of this Website by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming, You shall not use the Website in any manner that could damage, disable or impair the services which it provides. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means.
5. PROPRIETARY RIGHTS
All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Website and the Society Materials are the property of the Society and are protected by copyright, trademark, patent, trade secret, and other intellectual property law. You agree not to reproduce, re-transmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Website to any third party other than as permitted in this Terms.
6. LINKS TO OTHER SITES AND OTHER TERMS
Additional notices, terms, and conditions may apply to the websites and resources promoted on the Website, such as research materials, tools, guides, third party businesses and vendors, calculators, survey participations, and related website links. Such other resources and websites, including social media platforms, are maintained by third parties over which the Society exercises no control. These links do not imply an endorsement with respect to any third party or the information, products, or services provided by any third party unless the Society expressly states otherwise.
7. TERM AND TERMINATION
These Terms will take effect (or re-take effect) at the moment you check the box certifying that you have read, understand, and agree to abide by the terms and conditions of the Website, otherwise register, respond through the Website to a request for information, and/or begin downloading, accessing, or using the Website, whichever action or event is earliest. The Society reserves the right at any time and on reasonable grounds to deny your access to the Website or to any portion thereof and these Terms will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without prior notice. You may also terminate these Terms at any time by ceasing to use the Website, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the Website will reapply these Terms (then in effect) to you. The provisions concerning the Society’s proprietary rights, disclaimers (of warranty), limitations of liability, waiver and severability, entire agreement, and governing law will survive the termination of these Terms for any reason.
8. DISCLAIMERS
ACCESS TO THE WEBSITE, THE SOCIETY MATERIALS AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE, PURSUANT TO APPLICABLE LAW, THE SOCIETY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, THE SOCIETY DOES NOT WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, ACCESS TO THE SESSIONS, AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, YOU EXPRESSLY ABSOLVE AND RELEASE THE SOCIETY FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND THE SOCIETY’S CONTROL. MOREOVER, IN NO EVENT SHALL THE SOCIETY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, EVEN IF THE SOCIETY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF THE SOCIETY FOR BREACH OF THESE TERMS IS CESSATION OF USE OF THE WEBSITE AND ANY APPLICABLE SOCIETY MATERIALS, AND FOR ANY OTHER REASON RELATED TO YOUR USE OF THE WESITE WHATSOEVER FOR AN AMOUNT NOT EXCEEDING ONE HUNDRED ($100) DOLLARS.
10. ENFORCING SECURITY
The Society wishes to keep the Website as a safe and productive resource. You therefore may not, in addition to the “Submissions” prohibitions outlined above, use the Website or any of the Society’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, without limitation, accessing or using the Website’s data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of the Website’s system or network, circumventing any security or authentication measures, monitoring any data or traffic, interfering with any services, collecting or using from the Website email addresses or other identifiers, collecting or using from the Website information without the consent of the Society, using any false, misleading, or deceptive TCP-IP packet header information, using the Website to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that is likely to result in retaliation against the Society or its data, systems, or network. Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution. the Society reserves the right to view, monitor, and/or record activity on the Website in order to maintain security of the Website. Such recorded activity is subject to review by law enforcement organizations. The Society will also comply with all lawful court orders or subpoenas from governmental authorities with competent jurisdiction over the Society involving requests for more information about particular Submissions. The Society reserves the right at any time to suspend or terminate operation of or access to the Website or any portion of the Website.
11. INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Society, and its respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of the Website.
12. GOVERNING LAW AND JURISDICTION
These Terms will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule and notwithstanding your domicile, residence or physical location. Any action or proceeding arising out of or relating to these Terms will be instituted in the courts of the Province of British Columbia and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such counts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
13. WAIVER
No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
14. SEVERABILITY
If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
15. REPORTING AND CONTACT
The Society welcomes your feedback and suggestions about the Society’s mission, services, tools, or with respect to how to improve the Website. All feedback, notices and complaints with respect to the content of the Website may be reported to the Society at marshan@producingfortheplanet.com.
PRIVACY POLICY
EFFECTIVE AS OF NOVEMBER 13, 2023
Producing for the Planet Society. (“Society” or “we”) respect your privacy and are committed to protecting it by complying with applicable Canadian privacy laws. This Privacy Policy describes the Personal Information we collect, how we use it, and the standards and procedures in place to safeguard your Personal Information.
It is our policy to comply with all applicable Canadian privacy laws and regulations relating to the privacy of our clients or website users (“you”).
Please read this Privacy Policy carefully to understand our policies and practices for collecting, processing, and storing your Personal Information, as applicable. If you do not agree with our policies and practices, you shall not use the Website. By accessing or using this Website, or by clicking “I Accept” on the form required as part of a Registration, you indicate that you understand, accept, and consent to the practices described in this Privacy Policy. This Privacy Policy may change from time to time. We will notify you in advance of any material changes to this Privacy Policy and obtain your consent to any new ways that we collect, use and disclose your Personal Information.
This Website may include links to third-party websites, plug-ins, services, social networks, or applications. Clicking on those links or enabling those connections may allow the third party to collect or share data about you. If you follow a link to a third-party website or engage a third-party plugin, please note that these third parties have their own privacy policies and we do not accept any responsibility or liability for these policies. We do not control these third-party websites, and we encourage you to read the privacy policy of every website you visit.
1. Interpretation
This Privacy Policy should be read together with the Terms of Use for the Society Website provided above. Further, all capitalized terms not otherwise defined under this Privacy Policy shall have the meaning ascribed to such term in the Terms of Use.
2. Information We Collect About You
2.1 We collect your Personal Information in accordance with the Terms of Use and this Privacy Policy for the purpose of providing the services on the Website and/or processing your Registration (if any). Without limiting Section 1.1 or any of the terms and conditions under the Terms of Use, “Personal Information” means any information that can be used to identify an individual, including without limitation, contact information, name, address, sex or any other information that can be used to identify an individual.
2.2 We may also collect non-personal information that does not directly or indirectly reveal your identity such as demographic information, or statistical or aggregate information. Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from Personal Information. For example, we may aggregate Personal Information to calculate the percentage of users accessing a specific Website feature.
2.3 We may also collect technical information, including your browser type and version, time zone setting, browser plugin types and versions, operating system and platform, or information about your internet connection, the equipment you use to access our Website, and usage details.
3. How We Collect Personal Information
3.1 The Personal Information we collect directly from you on or through our Website may include:
(a) information that you provide by filling in forms on our Website;
(b) records and copies of your correspondence (including email addresses) if you contact us.
(c) Submission(s) uploaded or downloaded by you to or from the Website.
4. Information We Collect Through Cookies and Other Automatic Data Collection Technologies
4.1 As you navigate through and interact with the Website, we may use cookies or other automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
(a) details of your visits to our Website, including traffic data, location data, and other communication data and the resources that you access and use on the Website;
(b) information about your computer and Internet connection, including your IP address, operating system, and browser type.
4.2 We may also use the technologies described in Section 4.1 to collect information about your online activities over time and across third-party websites or other online services (behavioural tracking).
5. Third Party Use of Cookies and Other Tracking Technologies
5.1 Some content or applications on the Website, including advertisements, are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies (alone or in conjunction with other tracking technologies) to collect information about you when you use our Website. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioural) advertising or other targeted content.
5.2 You can opt out of several third-party ad servers’ and networks’ cookies simultaneously by using an opt-out tool created by the Digital Advertising Alliance of Canada. To learn more about the opt-out tool, please visit https://youradchoices.ca/en/tools. You can also access this website to learn more about online behavioural advertising and how to stop websites from placing cookies on your device. Opting out of a network does not mean you will no longer receive online advertising. It does mean that the network from which you opted out will no longer deliver ads tailored to your web preferences and usage patterns.
5.3 We do not control these third parties’ tracking technologies or how they are used. If you have any questions about an advertisement or targeted content, you should contact the responsible provider directly.
6. Limiting Collection
6.1 The Society collects only the Personal Information it requires to meet the purposes described in this Privacy Policy.
6.2 The Personal Information we collect from you is strictly for the purposes defined in this Privacy Policy. We will seek your consent prior to using the Personal Information for purposes beyond the scope of the purposes defined herein.
6.3 Under no circumstances will the Society sell subscriber lists or other Personal Information to third parties.
6.4 Except as otherwise permitted or required by applicable law or regulation, we will only retain your Personal Information for as long as necessary, and at all times in compliance with applicable Canadian privacy laws to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
7. Accessing and Correcting Your Personal Information
It is important that the Personal Information you provide is accurate and current. Please keep us informed if your Personal Information changes. By law, you have the right to request access to and to correct the Personal Information we hold about you.
8. Contact Information and Challenging Compliance
We welcome your questions, comments, and requests regarding this Privacy Policy and our privacy practices. Please contact us if you have any questions or concerns.
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