The fullscreen.com, fullscreen.net, community.fullscreen.net, dashboard.fullscreen.net, and iplus.co websites and domain names and any other linked pages, features, content, or application services (including without limitation any mobile application services) offered from time to time by Company in connection therewith (collectively, the “Website”) are owned and operated by Company. Subject to the terms and conditions of this Agreement, Company may offer to provide certain services, as described more fully on the Website, and that have been selected by you (together with the Website, the “Services”), solely for your own use, and not for the use or benefit of any third party. Services include, without limitation, use of the Website, any service Company performs for you and the Content (as defined below) offered by Company on the Website. Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Company reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
Company does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to Company or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
You represent and warrant to Company that: (i) if you are an individual (i.e., not a corporation), you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
The Website, the Services, and their contents are intended solely for the use of registered users of the Services and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Content,” and which includes User Submissions (as defined below)) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
The Website and the Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content (and other items displayed on the Website or Services for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from Company or from the copyright holder identified in such Content’s copyright notice. If you link to the Website, Company may revoke your right to so link at any time, at Company’s sole discretion. Company reserves the right to require prior written consent before linking to the Website.
For clarity, the rights granted in this Section include, but are not limited to, the right: to use your name, image, voice, likeness, and any photographs or artwork made available by or on your behalf through the Services in connection with advertising, marketing, or promoting you, your User Submissions, Company, or the Services; to reproduce audio-visual content and sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), publicly perform sound recordings and videos (and the musical works embodied therein), and publicly display any written content uploaded by you to the Services, all on a royalty-free basis. This means that you are granting Company the right to use the User Submissions without the obligation to pay any royalties to any copyright owner (including, without limitation, a publisher, record label or studio), any performing rights organization (a “PRO”, which term includes, without limitation, ASCAP, BMI and SESAC in the United States, and PRS in the United Kingdom), any sound recording PRO (including, without limitation, SoundExchange, Inc.), any unions or guilds (including, without limitation, the American Federation of Television and Radio Artists (“AFTRA”), the Screen Actors Guild (“SAG”), the American Federation of Musicians (“AFM”), or any other engineers, producers or other participants involved in the creation of User Submissions or any element thereof.
By uploading User Submissions through the Services you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Submissions. You further waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Submissions, or any portion thereof, including, without limitation, your name, likeness, voice, image, and persona or any advertising or publicity relating thereto. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Submissions. You expressly release Company and all of Company’s agents, partners, subsidiaries, affiliates, licensees, successors, and assigns from any and all claims, demands, liabilities, and causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to the use of your User Submissions. Notwithstanding the preceding sentences of this Section, you should let us know immediately if you object to any uses of your User Submissions on or through the Services or in the promotion of the Services.
If you are not the owner of, or are not fully authorized to grant all necessary rights in, all of the elements of the User Submissions you intend to upload or transmit to or through the Services, then you must not upload the User Submissions to or through the Services. For example, if you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not upload such sound recordings or videos embodying such sound recordings to or through the Services unless you obtain all necessary rights, authorizations, and permissions with respect to such embedded musical works that grant you sufficient rights to comply with this Agreement. For example, cover songs are not permitted on the Services unless the artist/band has cleared all rights to the song covered by the artist/band. 1. Specific Rules for Musical Works: If you are a composer or author of a musical work and have affiliated with a PRO, then you must notify your PRO of the royalty-free licenses granted by you to Company and users of the Services in this Agreement. Each PRO has different rules with respect to providing notification for a direct license. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free licenses set forth in this Agreement or have such music publisher enter into this Agreement with Company. Please keep in mind that authorship of a musical work (e.g., writing a song) does not mean that you have the rights necessary to grant Company and users of the Services the licenses set forth in this Agreement. 2. Confirmation of Rights: Company reserves the right to demand confirmation from you in writing of all authorizations, licenses, permissions, and consents obtained by you (if any) with respect to any third-party materials embodied in User Submissions. If you fail to provide Company with such confirmation upon request, we reserve the right to remove or deny access to any or all of your User Submissions and to suspend or terminate your account with Company. We will have no liability to you for any actions taken by us pursuant to this Section.
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content. You understand that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, Company cannot guarantee the authenticity of any data which users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
You agree that you won’t post Content that violates, or otherwise use the Services in ways that violate, Fullscreen’s Community Guidelines. Please review Company’s current Community Guidelines at http://dashboard.fullscreen.net/community_guidelines, which is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by Company’s Community Guidelines.
You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Company; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Company reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Company, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Services and as otherwise provided herein.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Company makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
As a condition to using the Services, you will be required to register with Company and select a password and user name (“Company User ID”). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (ii) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization. Company reserves the right to refuse registration of or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.
You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, suppliers, licensors, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU THEREFOR DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL.
Paid Services: Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Currently, access to and participation in Paid Services (other than in connection with an Influencer Plus campaign) are subject to separate written agreements between you and Company, and you shall not be entitled to receive any Paid Services (other than in connection with an Influencer Plus campaign) in the absence of such an agreement. In the event of a conflict between the terms of this Agreement and any such written agreement, the terms of such other written agreement shall control. Any fees paid to Company in connection with this Agreement are non-refundable.
Influencer Plus Fees: With respect to each campaign in which you participate through iplus.co (“Influencer Plus”), you will be eligible to receive compensation for videos that you create and upload in accordance with Company’s normal policies regarding producer compensation and payment, and in accordance with any and all payment terms set forth on the Website or in an applicable campaign brief. Notwithstanding anything to the contrary herein or in any other agreement between you and Company, you will not be eligible to receive payment for any videos that you create or other services or content you provide as part of Influencer Plus if you have engaged in any act or omission that violates this Agreement or any other terms applicable to you in connection with the Services or any Influencer Plus campaign, or if you engage in any act or omission that negatively affects Company, the Services, or anyone advertising (or preparing to advertise) through the Services. Company reserves the right to remove content you upload for any Influencer Plus campaign(s) at any time in its sole discretion, and in such event, you will not be eligible for payment for such campaign(s). Payment for Influencer Plus campaigns will be made within sixty (60) days after the end of the month in which the campaign was completed or such other time frame as may be specified on the Website or in an applicable campaign brief. Company will make such payments through the payment method mutually agreed upon by the parties in writing, or such other payment method as Company may choose in its reasonable discretion.
By using the Services, you expressly relieve and hold harmless Company from any and all liability arising from your use of any Third Party Website. Except as described below, your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Company may, solely on behalf of certain Third Party Websites, process and facilitate payment to you of any amounts owed to you by such Third Party Websites (“Third Party Payments”). By entering into this Agreement, you authorize Company to process and facilitate the Third Party Payments to you. Such payments shall be made within sixty (60) days after Company receives such Third Party Payments from the respective Third Party Website. Company will make such payments through the payment method mutually agreed upon by the parties in writing, or such other payment method as Company may choose in its reasonable discretion. You acknowledge and agree that Company shall have no responsibility or liability for failure to facilitate the Third Party Payments to you if such failure is due to the respective Third Party Website’s failure to properly remit the Third Party Payments to Company. In the event your use of, or access to, the Services is terminated (whether initiated by you or Company), your use of, or access to, the Third Party Websites shall also cease, and Company shall have no responsibility or liability related to pending Third Party Payments owed to you from the respective Third Party Website. In the event of such termination, you shall be solely responsible for contacting the respective Third Party Website to provide updated contact and payment information such that you would receive such pending Third Party Payments directly from the respective Third Party Website.
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. Company may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Company may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Company’s prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement (provided that if a separate written agreement with respect to Company products or services exists between you and Company, the terms and conditions of that written agreement shall take precedence over this Agreement in the event of any conflict), and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Los Angeles County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Central District of California.
Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Company’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is Company’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; 2. Identification of works or materials being infringed; 3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence; 4. Contact information about the notifier including address, telephone number and, if available, email address; 5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and 6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Company’s policy:
1. To remove or disable access to the infringing material; 2. To notify the content provider, member or user that it has removed or disabled access to the material; and 3. That repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider’s, member’s or user’s access to the Services.
Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below: 1. A physical or electronic signature of the content provider, member or user; 2. 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 disabled; 3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and 4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.
Please contact Company’s Designated Agent to Receive Notification of Claimed Infringement at the following address: Fullscreen, Inc., Attn: Copyright Agent, 12180 Millennium Dr, Los Angeles, CA 90094
If you have any questions, complaints, or claims with respect to the Services, you may contact us at:
12180 Millennium Dr
Los Angeles, CA 90094
Effective: November 1, 2013
Welcome to Fullscreen! We collect personal information you choose to share with us and our partners so we can better provide a customized entertainment offering for you, and to manage your account. Your information is kept secure through industry norms, but security can be breached, especially if you are not careful with protecting your username and password. You can modify your information through your account settings, but we may retain your information on an aggregate, non personally-identifiable basis for bona fide business purposes even if you are no longer a registered user or customer.
We do not knowingly collect or solicit Information from anyone under the age of 13 or knowingly allow such persons to register for the Service.
Information You Provide to Us
When you sign up for the Service, we collect a variety of information from you that you provide, including registration information such as your name, birth date or age range, gender, email address and physical address, and, if you are paying for the Service, payment information (credit or debit card number, CVC and billing zip code). If you choose to log-in through third-party account credentials (for example, your Facebook login), some of your Information may be shared with us or the respective third-party platform, as disclosed to you at the time of log-in.
Information Collected Automatically By Us
Information from Third Parties
We work with third party service providers who assist us in managing or providing the Service (e.g., payment processors) and who collect some of the information described above. We may also collect contextual or demographic data about our users from third parties, in order to more effectively deliver the Service or content in which we think you would be interested. Unless you have been notified otherwise, all information collected through our authorized third party service providers remains governed by security and confidentiality obligations consistent with this Policy and applicable law.
Third Party Advertisements
Cookies and Similar Technologies
The primary reason we collect Information is to manage your account and subscription to our Service, and to provide more customized Service to our audience, including content, programming, or other entertainment experiences that we think you will enjoy.
Other important reasons we collect Information are as follows:
4.1 Sharing by you
The Service is social by their very nature, so your participation in the Service will allow others to see your name and/or username, profile picture, and social profile.
Certain user-profile information, including without limitation a user’s name, location, and any video or image content that such user has uploaded to the Service, may be displayed to other users to facilitate user interaction within the Service or address your request for Company’s services. Your account privacy settings allow you to limit the other users who can see the Personal Information in your user profile and/or what information in your user profile is visible to others. Any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by others. Your user name may also be displayed to other users if and when you send messages or comments or upload images or videos through the Service and other users can contact you through messages and comments. Additionally, if you sign into the Service through a third party social networking site or service, your list of “friends” from that site or service may be automatically imported to the Service, and such “friends,” if they are also registered users of the Service, may be able to access certain non-public information you have entered in your Service user-profile. Again, we do not control the policies and practices of any other third party site or service.
Some parts of our Service will enable you to share your interactions with our Service, such as content viewed, user generated content posted, and other social interactions. If you connect to our Service through a third party application (e.g., Facebook), then you further understand that we may automatically share your interactions with our Service with that third party application.
4.2 Sharing by us
We share your Information with third parties as listed below and as otherwise described elsewhere in this Policy:
We employ third parties to perform tasks on our behalf, such as payment processing, data management and analytics, marketing, communication and IT services, and we need to share your Information with them in order for them to provide such products and services. Unless we tell you differently or you consent otherwise, these third parties do not have any right to use your Information beyond what is necessary to assist us in providing such products and services. Any uses of your Information by these third parties will remain governed by security and confidentiality obligations consistent with this Policy and applicable law.
Subject to applicable laws, we may share your Information with companies with whom Fullscreen is affiliated or related to (e.g., parent company or subsidiaries), and will require such affiliated or related companies to use the Information solely in accordance with this Policy.
We may choose to buy or sell assets. In these types of transactions, customer Information is typically one of the business assets that would be transferred. Also, if we (or our assets) are acquired or merged, or if we go out of business, enter bankruptcy, or go through some other change of control, Information would be one of the assets transferred to or acquired by a third party.
Protection of Company and Others
We reserve the right to access, read, preserve, and disclose any Information that we reasonably believe is necessary to comply with law or court order; enforce or apply our conditions of use and other agreements; or protect the rights, property, interests, or safety of our Company, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
With Your Consent
Subject to your consent, we may share your Information with third party businesses or sites that we do not control. In those instances, your Information will be subject to their separate privacy policies and you should review those policies in advance before providing consent.
Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Information by selecting and protecting your password and/or other sign-on mechanism appropriately. To help protect your Information, you should not share your account information or password, reuse your password on other sites, or use a password you have used on other sites.
We endeavor to protect the privacy of your account and other Information we hold in our records, but we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
In order to provide the Service, the Information that we collect from you may be transferred to and stored at a destination outside of your country and the European Economic Area (“EEA”), and, in particular, the United States. It may also be processed by any service providers appointed by us who operate outside of the EEA and their staff. By submitting your data, you agree to this transfer, storing or processing outside of the EEA or your country and acknowledge that not all countries guarantee the same level of protection for your Information as the one in which you reside. Data transferred will be treated in accordance with this Policy.
Through your account settings for the Service, you may access, edit, or delete Information you’ve provided and your record of interactions with the Service. Such Information and interactions, and your ability to update them, will vary based on the Service.
You can always opt not to disclose Information or to disable certain tools on your browser or device. However, this may limit your ability to fully utilize the Service.
You may be able to add, update, or delete Information as explained in the “What Information You Can Access” section above. When you update Information, however, we may maintain a copy of the unrevised Information in our records. Please note that some Information may remain in our records for legitimate business reasons even after your deletion of such Information, such as our analyzing aggregated data regarding past usage of the Service (but not in a manner that would identify you personally).
You can opt in to receive mobile push notifications from Fullscreen. If you change your mind later and no longer want to receive these notifications, you can use your device’s settings functionality to turn them off.
If you don’t want to receive e-mail or other communications from us, you can adjust your email preferences from your account, or opt-out by clicking on the link provided in the emails.
We may amend this Policy from time to time. Use of Information we collect now is subject to the Policy in effect at the time such Information is used. If we make material changes to this Policy, we will notify you by posting an announcement through the applicable Service or by otherwise notifying you through contact means you have provided prior to the change becoming effective. We encourage you to regularly review this page any updates to our Policy. You are bound by any changes to the Policy when you use any of our Service after such changes have been first posted.
If you have any questions or concerns regarding our Policy, please send us a detailed message at the address below, and we will try to resolve your concerns.
12180 Millennium Dr.
Los Angeles, CA 90094
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal Information that we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Fullscreen, Inc., 12180 Millennium Dr., Los Angeles, CA 90094. We will respond to one request per California customer each year, and we do not respond to requests made by means other than as set forth above.
California Do Not Track Disclosure: Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time, we do not respond to Web browser “do not track” settings or signals. As described in our Cookies section, we deploy cookies and other technologies on our Service to collect information about you and your browsing activity, even if you have turned on the Do Not Track signal.
Last Updated: April 26, 2016
Fullscreen respects the copyrights and other intellectual property rights of others and requests that the people who use its services do the same. If you believe your work has been reproduced or used in another way on a service provided by us that constitutes copyright infringement, you may notify our copyright agent. In your notice, please provide our copyright agent with the following information in writing:
Our designated agent to receive notification of claimed infringement can be reached at:
Fullscreen, Inc. Attn: Copyright Agent
12180 Millennium Dr
Los Angeles, CA 90094
It is our policy to terminate in appropriate circumstances an account for repeated copyright infringement, and we also reserve the right to terminate an account for even one instance of infringement.
Fullscreen may access, preserve and disclose to third parties any of your information or data (including personally identifiable information and private communications) related to a written complaint of copyright infringement if Fullscreen believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint.
FULLSCREEN® TRADEMARK CONTENT & DISPLAY POLICY
GUIDELINES FOR THIRD PARTY USE OF FULLSCREEN® BRAND ELEMENTS
Fullscreen, Inc. has gained valuable intellectual property rights by the proper and continuous use of its trademarks and service marks (“trademarks”) to identify its goods and services. Improper use of a trademark can cause its value to become generic or diluted. Therefore, it is essential that all brand elements of Fullscreen including trademarks, web pages, logos, and other distinctive features are used properly in all promotional, advertising, instructional or other materials. Use of any Fullscreen brand element should not mislead consumers about any Fullscreen sponsorship, affiliation, or endorsement of your company or website.
Fullscreen does not object to referential use of its trademarks (excluding logos) in marketing and promotional materials, books and other printed matter, conferences, applications, demonstrations, and on internet locations, provided such use complies with these guidelines. All other uses of Fullscreen trademarks or other brand elements require express written permission from Fullscreen and must also comply with these guidelines.
Except as otherwise agreed by Fullscreen in writing, Fullscreen reserves the right to withdraw its permission to use its trademarks at any time and for any reason, including withdrawal of permission to any individual or entity Fullscreen believes misuses its trademarks or other brand elements. These guidelines may be periodically updated without notice.
RULES FOR PROPER USAGE
THINGS TO DO
THINGS NOT TO DO
The Fullscreen logo consists of the Fullscreen icon and the Fullscreen® wordmark. The typeface used for the Fullscreen logo is Proxima Nova.
Fullscreen believes that viewers of content are best served and protected when they can recognize when content is sponsored and/or influenced by a brand. As such, we are firm believers in active disclosure of any brand relationships that creators may have when producing content.
“The FTC’s Endorsement Guides: What People are Asking” underpin our disclosure beliefs and guide our requirements for our creators as described in these guidelines.
These guidelines apply to all advertising, sponsorship, and promotion campaigns (collectively, “Campaigns”) taking place within the Fullscreen network. These guidelines apply whenever a creator receives a gift of any value as part of a Campaign, whether a cash payment, a free product, or an invitation to a special event. For this reason, we monitor all Campaigns negotiated by or with Fullscreen for compliance with these guidelines.
Disclosure is appropriate and needed if a viewer might give a different weight to a creator’s endorsement if they knew of the creator’s relationship with a brand. If the actual content clearly conveys that the creator is making a commercial/advertisement to all viewers, then a disclosure is not necessary. However, more often that not, a more direct disclosure is needed.
When a disclosure is needed, it should clearly state what the relationship is between the brand and the creator.
In a video, a disclosure must be (i) either spoken or superimposed on the screen early in the video (and repeating every 3-5 minutes if a longer video) and (ii) in the description box of the video. There are many acceptable ways to approach this, but we recommend one of the following:
In social media, regardless of the length of a post, some form of disclosure must be included within the post itself. For social media posts, we recommend one of the following:
In all cases, a disclosure should help to clarify a creator’s relationship with a brand, not obscure it.
Last Updated: May 16, 2016
To see the prior version of the FULLSCREEN GUIDELINES FOR ENDORSERS & INFLUENCERS, go to https://fullscreenmedia.co/legal/policies-archive/#influencer-guidelines.
We program unforgettable experiences that empower you to stay connected with premiere content and the Fullscreen user community. In order to provide a positive experience and protect the safety of users of the Fullscreen service, websites, mobile applications, and software applications (the “Service”), we’ve established some Community Rules on the type of content and behavior we allow. All users must adhere to these Community Rules and failure to do so may result in the suspension or termination of your account.
Intellectual Property Rights & Rights of Publicity
Do not post content that violates or infringes any patent, trademark, trade secret, copyright or other proprietary, publicity or privacy rights of any third party. For proper copyright infringement notices received under the Digital Millennium Copyright Act, we will remove allegedly infringing content per our Terms of Service.
Harassment & Threats
Do not use the Service to promote, incite or engage in the harassment or bullying of others, in self-harm or other illegal activities. Making threats (direct or indirect) of violence, including threatening or promoting terrorism, is also prohibited. Users who harass, bully or threaten other users will have their content removed and accounts terminated, and also may be subject to serious criminal legal consequences in certain jurisdictions.
Do not post content or use the Service to promote hatred or violence towards, or directly attack or threaten any others, based on race, ethnicity, nationality, religion, gender, gender identity, sexual orientation, age, disability, marital status, or veteran status.
Sexually Explicit Content
Do not post or distribute content that contains nudity, sexual acts, or sexually explicit materials. Do not post links to pornographic sites or sites that contain pornography.
False & Misleading Content; Impersonation
Do not post or distribute content that is intentionally false or intended to mislead or deceive others as to the source of the content. You may not use the Service or any of its features to impersonate any person or entity, including using a false e-mail address, to confuse, mislead or deceive others.
Do not use the Service to spam others. Spamming activities may include but are not limited to, sending or posting mass messages or content, posting duplicative content, political campaigning, chain letters, posting promotional or commercial content, and posting false or misleading content. You also may not engage in username squatting; accounts that are inactive for more than six months may be removed without further notice.
Phishing and Malicious Content
Do not post, link to, or distribute content on or through the Service that is intended to damage or disrupt the Service, or another user’s device or computer, or that is intended to compromise the privacy or account security of another user.
Do not post any other user’s private or personal information (such as phone numbers, addresses, or financial information to name a few), or intimate photos or videos of another user, without that person’s explicit consent.
Do not use the Service to distribute or promote any advertisement, solicitations or other commercial content, including non-Fullscreen products, services or any sweepstakes or contests.
Regulated Products & Services
Do not promote or endorse regulated goods and services such as alcohol, gambling, tobacco, firearms/weapons, pharmaceuticals, or other goods and services regulated in the United States and other countries in which the Service is available.
We may, in our sole discretion, remove content that we believe violates these Community Rules or is otherwise objectionable even without receiving a complaint of a potential violation.
The Fullscreen community is diverse and reaches beyond geographical borders, so please keep in mind that something that you may find objectionable may not violate our Community Rules.
Changes to these Community Rules
As we continue to bring you an amazing Service, we may change these Community Rules from time to time and reserve the right to do so. We encourage you to regularly review this page for any updates as well as our Terms of Service.
If you see something on the Service that you believe violates these Community Rules, please report it to us.
Participation in the FULLSCREEN SOCIAL MEDIA SWEEPSTAKES (each, a “Sweepstakes”) constitutes your agreement to be bound by these Official Rules (“Official Rules”). Sweepstakes will be announced via Sponsor’s social media account postings, whether via Sponsor’s Twitter, Tumblr, Facebook, YouTube, or other account (each such posting, a “Social Media Post”). These Official Rules supplement any terms and conditions set forth in any respective Social Media Post. In the event of any conflict, the terms and conditions of the respective Social Media Post announcing the Sweepstakes will prevail.
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR TO WIN THE SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR LIKELIHOOD OF WINNING.
ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. PARTICIPATION IN THE SWEEPSTAKES IS VOID WHERE PROHIBITED.
Sponsor: Fullscreen, Inc. is the sponsor of the Sweepstakes (the “Sponsor”). The Sponsor’s address is 12180 Millennium Dr, Los Angeles, California, 90094.
Eligibility: To participate in the Sweepstakes you must be a legal resident of the United States (except the states of Florida, New York and Rhode Island) or the District of Columbia and eighteen (18) years of age or older at the time of entry. Employees, officers and directors of the Sponsor and their immediate family members and affiliates are not eligible to participate in the Sweepstakes.
Entry: To enter the Sweepstakes, follow the directions set forth in the respective Social Media Post. By participating in the Sweepstakes, you represent and warrant that: (a) the information and documents that you have submitted or will submit to the Sponsor in connection with the Sweepstakes are true, correct, and complete in all material respects and not misleading; and (b) you have never been arrested, indicted, convicted or pled no contest to a felony or a crime involving moral turpitude.
Sweepstakes Period: During the time period set forth on the respective Social Media Post.
Prizes: One (1) Sweepstakes Prize Winner will be selected to receive the prize set forth on the respective Social Media Post. Prizes will have a de minimis commercial value not to exceed $25.
No substitution, cash equivalent, or transfer of prize permitted except at the sole discretion of the Sponsor, who reserves the right to substitute the prize (or portion thereof) with one of equal or greater value, except as otherwise set forth herein. All prizes awarded are subject to the restrictions and limitations noted in these Official Rules, on the prizes and/or included with the prizes and the winner must abide by all such limitations and restrictions. Winners agree to accept their prize “as is.” The Sponsor has the right to resolve any concerns, questions, or complaints related to the prizes in its sole discretion.
Selection of Winners; Odds of Winning: Odds of winning a prize depend on the number of eligible entries received. All decisions of Sponsor are final in all matters, including determination of the Sweepstakes winners, interpretation of these Official Rules, and awarding of prizes. PLEASE NOTE THAT EVEN IF YOUR ENTRY QUALIFIES YOU AS A POTENTIAL WINNER AT THE CLOSE OF THE SWEEPSTAKES, YOU HAVE NOT YET WON A PRIZE. POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, AND MUST MEET ALL ELIGIBILITY REQUIREMENTS BEFORE AN ENTRANT WILL BE CONFIRMED AS A WINNER AND A PRIZE WILL BE AWARDED.
Notification: The potential winners will be notified on an ongoing basis by email or winner’s applicable social media account. If, despite the Sponsor’s reasonable efforts, any potential winner does not respond within five (5) days of the first notification attempt, or if a notification is returned as unclaimed or undeliverable to any potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. The winner must comply with all instructions in the prize notification letter within five days of the date on the prize notification letter; otherwise prize will be forfeited and an alternate winner will be selected. By entering and/or accepting a prize, you agree to be bound by these rules and to release Sponsors from any and all liability arising out of your participation in this Sweepstakes with respect to the awarding, receipt, use and/or misuse of any prize.
Taxes: All federal, state and/or local income and other taxes, if any, are the winner’s sole responsibility.
Limitation of Liability: By participating in the Sweepstakes, entrants: (1) grant Sponsor a perpetual, worldwide, royalty-free license to use entrant’s name, picture, character, likeness, and voice for trade, advertising, promotional, or any other purpose in any media now or hereafter known, and entrants waive any and all claims and/or rights to receive any royalties or other compensation for Sponsor’s use thereof, unless prohibited by law; and (2) agree that Sponsor and their respective directors, officers, employees and representatives (collectively, the “Released Parties”) shall have no liability for any liability, loss, injury or damage, including, without limitation, personal injury, death or damage to personal or real property, to entrant or any other person or entity due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of prize or participation in this Promotion. BY ENTERING THE SWEEPSTAKES EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE RELEASED PARTIES, AND THEIR RESPECTIVE PARENTS, DIVISIONS, SUBSIDIARIES, AFFILIATES, ADVERTISING, PROMOTION, AND PUBLIC RELATIONS AGENCIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH FOR ANY LIABILITY WHATSOEVER FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE ACCEPTANCE, POSSESSION, USE OR MISUSE OR AWARDING OF THE PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE- OR PROMOTION-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY..
Required Paperwork: If applicable, an IRS Form 1099 reporting the value of prizes as earned income will be issued to winner(s). Each winner may required to execute an affidavit of eligibility, a liability release and a publicity release (collectively, the “Affidavit/Release”) and provide a valid photo identification (i.e., driver’s license, passport).
Technology Terms and Conditions: The Sponsor is not responsible for incomplete, misdirected, late, lost, damaged, or stolen entries; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of any prize or in any prize notification documents, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.
General Conditions: No purchase necessary. The Sponsor is not responsible for and is not liable for: (i) misdirected or delayed mail or e-mail; (ii) telephone, telecommunications, hardware or third party software malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the Sponsor’s control that may cause the Sweepstakes to be disrupted, corrupted or terminated; (iv) any injuries, losses, or damages of any kind arising in connection with or as a result of participating in the Sweepstakes or use of the prize; or (iv) any printing or typographical errors in any materials associated with the Sweepstakes. The Sponsor reserves the right to disqualify, in its sole discretion, any person tampering with the entry process, the operation of the systems required to conduct the Sweepstakes or operate the Sponsor’s web sites, or who is otherwise in violation of these Official Rules. All decisions of the Sponsor are final. This promotion is in no way sponsored, endorsed or administered by, or associated with, YouTube.
Any and all disputes will be resolved in the appropriate courts in the State of California, exclusively, and subject to the laws of the State of California. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California.
Winners List: To obtain a written identification of the winners, please send your request and a self-addressed stamped envelope to: FULLSCREEN SWEEPSTAKES, Fullscreen, Inc., 12180 Millennium Dr, Los Angeles, California 90094, ATTN: General Counsel. Requests must be received by three months following each respective Sweepstakes.