Terms of Use  |  Copyrights | Privacy Policy

TERMS AND CONDITION OF USE Effective Date: February 2010 THE TERMS OF USE ARE A BINDING CONTRACT BETWEEN HAPPY SMILING INC (‘We’ ‘HSInc’ or ‘THE PROPRIETOR’) AND YOU (‘USER’ or ‘MEMBER’). THE come2film.com WEBSITE IS A SUBSIDIARY OF HAPPY SMILING INC (COLLECTIVELY ‘THE SITE’) AND AS SUCH IS INCLUDED IN THIS CONTRACT. BEFORE USING THE SITE, YOU AGREE, BY READING THESE TERMS AND LOGGING INTO THE SITE TO FOLLOW AND OBEY ALL GUIDELINES SENT HENCEFORTH IN THESE TERMS. THIS INCLUDES THE PRIVACY POLICY, ANY AND ALL COPYRIGHTS, AND ALL SUPPLEMENTAL TERMS, AND YOU AGREE TO ANY ADDITIONAL TERMS OF USE THAT MAY BE POSTED AT A LATER TIME BY HSInc OR ANY THAT THEY MAY GIVE TO YOU AS OCCASION ARISES. IF YOU ARE NOT IN AGREEMENT WITH THESE TERMS YOU ARE HENCE NOT ALLOWED TO USE THE SITE IN ANY WAY AND YOU SHOULD CEASE YOUR CONNECTION AT ONCE. THE PROPRIETOR ONLY MAKES THE SITE CONTENT AVAILABLE TO YOU AS A CONDITION OF ACCEPTING, AS IS, THE TERMS OF USE AND ALL POLICIES THEREIN. ALL USERS, VISITORS, AND REGISTERED MEMBERS ARE REGULATED BY THESE TERMS. IF IT IS YOUR DESIRE TO BECOME A REGISTERED MEMBER, HAVE FULL ACCESS TO SITE CONTENT, COMMUNICATE WITH OTHER MEMBERS AND PROVIDERS, AND OTHERWISE USE THE SITE, YOU ARE REQUIRED TO READ THIS AGREEMENT AND SIGNIFY YOUR ACCEPTANCE BEFORE COMPLETING THE REGISTRATION PROCESS. 1. Description of Site / Minimum Age Requirement / Role of come2film Our interactive website connects service providers and potential customers through access of thousands of media files. These include data, pictures, audio and video files, articles, and full applications that you can use to benefit your production. These files are posted by our diverse members from every corner of the world, providing you with a collection of distinct ideas, personalities, experiences, and approaches to topics that pertain to you. The purpose of this site is to aid you in publishing or searching for information and entertainment. Any contribution you make to site content is at your own risk and of your own liability as the information, perspectives, opinions, and other intellectual property submitted are those of the Providers and Searchers (hereafter “Members”) and not the site operators (hereafter, “Proprietor”). Accordingly, the validity, accuracy, and authenticity of content fall on the responsibility of each Member individually and it should be assumed collectively that the Proprietor has not independently verified said content. Similarly, publishing of site content does not imply Proprietor endorsement of said content or the Member who submitted it. However, the Proprietor does make all possible attempts to confirm the true identity of each Member via credit card verification and any other necessary credential authentication. Membership to this site is reserved for users—both providers and searchers—who are 14 years of age and above. Hence any user who access site content concedes that they are at least 14 years old and as such approves allowance of consents, agreements, rights, waivers, and assignments made by you. The Proprietor explicitly denies membership to any person that is currently covered by the Child Online Privacy act, COPA, of 1998. The Proprietor has established come2film to serve as a place where Members can connect with each other in a digital marketplace. Members, in this respect can be anything from a Modeling Agency, talent scouts, or Cinema Company as well as actors, musicians. The Proprietor is a neutral facilitator, organizing content in a way that makes it easier for Members to find and collect. Because of this neutrality, come2film does not corroborate the qualifications, experience, background, or ability of any Member. Therefore, it is the sole responsibility of each Member to verify the background of another Member, if necessary, and accordingly exercise caution, especially when engaging in sales or other transactions. This is especially important since the Proprietor assumes no responsibility or risks on any transaction performed. 2. MODIFICATIONS TO TERMS AND SITE By using this site, you concur that the Proprietor can make any change at any time to the site or to the Terms and Privacy Policy.These changes will be effective as soon as they are published to the site and you’re continued Membership further concedes your acceptance of them. The Proprietor also reserves the right and discretion to also change, disable, discontinue, restrict, or block access to the Site (or any parts thereof) with no notice to Members. Similarly, the Proprietor may perform the same actions with any content submitted to the site, regardless of its longevity. The Proprietor is hereafter not liable to any Member—or involved third party—for any aforementioned modification and any action performed cannot and will not affect your HSinc content licenses, stated as follows: 3. POSTING CONTENT ON THE SITE; REPRESENTATIONS AND WARRANTIES All text, audio, video, pictures, graphics, and other all other media forms included therein, as well as personal information, that is published to the Site is done so under the agreement that you warrant: (a) No defamation of any kind takes place, whether through infringement of rights of intellectual property or publicity, or any other relevant legal or third party rights. (b) No endorsement or encouragement of criminal activity, tort, or civil injustice, or other applicable legal violations takes place. Accordingly, each Member is held responsible for maintaining any and all necessary records for establishing that their Content falls within these guidelines. In accordance with Terms, any user suspected of such violations, or under such scrutiny, must be able to submit these records to HSInc for authentication with concurrent adherence to the Privacy Policy. Also, upon publishing content to the Site, you acknowledge that the Proprietor cannot secure “digital rights management,” meaning that there is no methodof prevention for restricting other users from downloading, copying, and redistributing your media. -In order to post Content to the Site, you need to complete the registration process. -Create a unique username and password—hereafter your “Account” -Agree to provide accurate and truthful content and personal information in regards to registration -Agree to similar provisions for submitting Content and general Site use -Agree to ensure accurate and up-to-date personal information as necessary, and accept responsibility for making changes as appropriate. -Agree to keep your username and password safe and private to ensure you are the only person who uses your account. As the only authorized user of the account, the Proprietor will hold you responsible for all activity performed under your Account, unless the user is a minor, in which case the parents or guardians may know these facts. -Agree to liability for all posted Content and transactions performed associated to your Account -Agree and confirm that your contact and other pertinent personal information are accurate enough for the Proprietor’s records -Agree and accept that your Account cannot be transferred to another person, identity, or company. A side from site Content, if you need to give ideas, suggestions, documents, or other proposals (hereafter, collectively, “Submissions”) you must use the “Contact Us” page featured at the site: https://come2film.com/2contact.htm. Upon doing so, you represent and acknowledge that: (a) You have not included any personal or confidential information in your Submission. (b) The Proprietor may otherwise disclose or share your Submission immediately upon your posting. 4. OWNERSHIP OF RIGHTS; LICENSE RIGHTS You retain any copyrights, ownership, or trademarks that you might possess on your intellectual property, as well as the proprietary rights of posting Content. Of course, this is subject to the non-exclusive rights that you granted the Proprietor as contained in the Terms, which also give you the freedom to grant or deny similar rights to others at any time. Aside from your own copyrights, however, by submitting Content to the Site, you also agree to the following: - Forfeiture of complete exclusivity and grant HSInc, a worldwide sublicense to thereafter use, reproduce, copy, alter, send, distribute, transmit, or publicly perform and display, as well as create derivations of the Content you have submitted. These derivations can take on any form, media, or technology, whether it exists today or will in the future. -Forfeiture or the moral rights of your Content, assigning full legal agency to the Proprietor, in order to perform any act they consider necessary to confirm granting of the aforementioned rights, assignments, consents, waivers, or agreements, as described in the Terms. -Allow the Proprietor to display or otherwise share your Content, username, and possibly your real name (in adherence to your registration profile). -That posting of Content automatically guarantees the above mentioned stipulations. -While you have the right and freedom to remove your Content at your discretion, you will allow any project inspired by your Content that began development before removal to continue until the Proprietor deems otherwise. 5. PROHIBITED CONTENT Upon registration as a Member, you acknowledge that certain types of Content are prohibited. While this Site provides access to the free sharing of media, you are not allowed to contribute Content or Site posts that are: (a) Dishonest, misleading, abusive, abrasive, untrue, harmful, threatening, harassing, vulgar, obscene, defamatory, libelous, hateful, invasive or compromising of a third party’s privacy or protected information, or racially or ethnically-charged; (b) Blatantly or allegedly breaching of a third party’s personal or professional rights. This includes copyright, trademark, trade secret, publicity, and all other proprietary rights, without limitation, as well as Site Content that is also subject to their own infringement claims; c) Related to information that you were not granted the freedom to convey, like trade secrets, insider information on business, politics etc; (d) Resembling undisclosed, unauthorized, and unsolicited advertising; (e) Computer viruses or other malicious code, files, programs, or media, that are manufactured for the purpose of destroying or limiting computer and telecommunication function via the internet; (f) Owned by a third party whom did not grant you the privilege and right to share it otherwise; or (g) In violation in any way of local, state, national, and even international laws, regulations, or statutes. 6. PROHIBITED CONDUCT; LIQUIDATED DAMAGES Accordingly, upon registering as a Member you also agree to refrain from certain behaviors: (a) Dishonest, misleading, abusive, abrasive, untrue, harmful, threatening, harassing, vulgar, obscene, defamatory, libelous, hateful, invasive or compromising of a third party’s privacy or protected information, or racially or ethnically-charged; (b) Blatantly or allegedly breaching of a third party’s personal or professional rights. This includes copyright, trademark, trade secret, publicity, and all other proprietary rights, without limitation, as well as Site Content that is also subject to their own infringement claims; (c) Related to information that you were not granted the freedom to convey, like trade secrets, insider information on business, politics, etc; (d) Resembling undisclosed, unauthorized, and unsolicited advertising; (e) Computer viruses or other malicious code, files, programs, or media, that are manufactured for the purpose of destroying or limiting computer and telecommunication function via the internet; (f) Owned by a third party whom did not grant you the privilege and right to share it otherwise; (g) In violation in any way of local, state, national, and even international laws, regulations, or statutes; (h) Log on to the Site by any means that could be considered unlawful or in violation of any local, state, national, or international statute, as well other rights born by contract, or intellectual property agreement. This includes behavior that might be construed as constituting the commission of a tort or in any way that might be harmful to the Proprietor; (i) Transmit to the Proprietor or else influence the Site in any negative form, whether with harmful Content, illegal activity, or otherwise deceptive or disruptive practices including but not limited to uploading of viruses, “spyware,” or “adware;” (j) Perform any action that might otherwise compromise the stability of the Site, whether at the core or in its relationship to other Members Your participation with Site Content, whether through Member submission or outside commentary, authorizes the Proprietor to charge you a fine of $1,500 if you are found in violation of the behavioral codes set forth above. Similarly, by sending any pre-meditated correspondence of unsolicited commercial email, advertising, bulk mail, spam, or chain letter (hereafter collectively, “Unsolicited Communication”) through the Site you admit that you are causing serious damage to the infrastructure of the Site, which will result in a fine that can be reasonably estimated at $500 per transmission. 7. MONITORING OF SITE CONTENT It is not the responsibility of the Proprietor to monitor Site Content at any given time, and thus is under no obligation to confirm the accuracy or reliability of information submitted. Your membership acknowledges that you understand this and that you use Content from the Site at your own risk. However, the Proprietor reserves the right to modify or remove any Content at any time for any reason. Any and all additional commentary relating to Content is expressed either by Providers, Members, or related third parties, and is not the commentary of HSInc. 9. PRIVACY POLICY The Privacy Policy is discussed in the Terms. The Proprietor reserves the right to communicate with you regarding the Privacy Policy, Terms, Content, or activities therein. 8. PROTECTION OF SITE CONTENT Your use of the Site requires that you respect and obey all laws pertaining to intellectual property. · HSInc grants Site users a limited, revocable, non-transferable, non-sub and non-exclusive license while you are logged into the Site. HSInc holds the rights to share and display the Content in a private, persona, non-commercial relationship with you, the Member. · As a Member, you also have the right to view and print—for non-commercial purposes—a reasonable amount of copies in relation to that purpose. Otherwise, HSInc reserves all rights to the Content, on its own behalf and that of the licensors involved. The Proprietor, then, does not grant you the same rights in any way. · Also, you may not copy, reproduce, distribute, modify, or display publicly the Content you extract from the Site for personal use, nor shall you manufacture derivative efforts without receiving explicit consent from the Proprietor, the Member who submitted the Content, or any third party owner who may also be involved. · You may not use or redistribute any portion of the Site in any way, especially for commercial use. Accordingly, any hyperlink posted on a third party site must open into a new, full-screen window and not another “page” or “frame” within the current browser window 9. PRIVACY POLICY The Privacy Policy is discussed in the Terms. The Proprietor reserves the right to communicate with you regarding the Privacy Policy, Terms, Content, or activities therein 10. TERMINATION OR CANCELLATION Access to the Site and its Content is limited to the permission of the Proprietor. Hence the Proprietor can restrict and even terminate your access at any time. On the occasion that it is required, we may give you necessary notice of termination or cancellation as is regulated by law. Communication for these purposes is typically done through Site posting or through the physical mail or e-mail, depending on which information is available on file. During this period you are still responsible for adhering to Term conditions. Using the Site after termination of said Terms is an admittance to follow the Terms posted on the Site at the time. No matter the reason, upon termination from the Site, you forfeit possession of the Content you posted prior. At that time, HSInc may continue to use the Content as they see fit as described in the terms of Section 5. Also, at this time, trademarks, copyright ownership, Privacy Policy, Notices regarding available software filtering, and provisions bearing these titles will survive termination of these Terms: · “Posting Content on the Site; Representations and Warranties;” · “Ownership of Rights; License Rights;” · “Prohibited Conduct; Liquidated Damages;” · “Termination or Cancellation;” · “Indemnification;” · “Disclaimer of Warranties;” · “Exclusion of Damages; Limitation of Liability;” · “Copyright Infringement;” and · “Additional Terms” 11. DEALINGS WITH MERCHANTS; LINKS Because the Site is public domain, it contains other content like advertisements, promotional offers, and other links to third party sites that are outside of our control. For this reason, HSInc cannot guarantee that the information provided is accurate, and thus your membership acknowledges that you are solely responsible verifying any information before engaging with such businesses. Likewise, you should assume that HSInc does not necessarily endorse any link provided on the Site in regard to these advertisements. Furthermore, the HSInc Privacy Policy only applies to use of our Site. Any communication, transmission, engagement, or participation with third party merchants in any way is the sole responsibility of every User who chooses to do so. Your continued membership waives HSInc’s liability from loss, damage, or other such result in the case of your dealings with an outside advertiser or merchant that you found through the Site. 12. INDEMNIFICATION One condition of your access and use of the Site is that you indemnify HSInc and Happy Smiling Inc, for all damages, penalties, fees, costs, expenses, and all other liabilities, including attorney’s fees and court expenses, which may arise from: · Your access to and use of the Site and the inclusive Content · Your violation of the Terms and the related laws or third party rights · Disputes that you may have with another Member, whether Provider or Searcher · Your improper authorization for HSInc to collect, modify, use, disclose, or possess your Content · Disclosures made with your permission—which includes, but is not limited to, HSInc’s disclosure of your personal information and other information as described in the Privacy Policy Also, your membership acknowledges that you permit HSInc the right, but not necessarily the obligation, to resolve any disagreement between Members when said dispute relates to the Site or its Content, and that the resolution of any dispute does not oblige HSInc to resolve any other disputes, and that any resolution formed by HSInc is final and cannot be overturned or changed in any way. 13. DISCLAIMER OF WARRANTIES Operation of any website is dependent on many factors including software, hardware, and network and as such the Proprietor cannot guarantee that the Site will always work for your computer in the same ways or even at all. In some cases there could be a conflict in hardware or software, while in other cases there might be signal disruption within your network. As such, HSInc cannot warrant successful operation of its Site on your computer or network at all times. Furthermore, all advice, opinions, instructions, statements, arguments, from the Proprietor, the Users and Members, and other Content or information providers is done so on an “as-is” basis. This property is strictly intended for informational purposes and in no way attempts to make a representation or endorsement of any content. Not only can HSInc not ensure that the Site will always run at full operation, but they cannot always ensure security from theft, vandalism, or virus either. Also, HSInc is not a guarantor of conditions of merchantability, fitness for purpose, non-infringement, title, and participation from a course of dealing, trade, usage, or performance. In the case that some jurisdictions do not allow said limitations on such implied warranties, some of the aforementioned provisions may not apply. For your own sake and safety, it is recommended that you back up and secure your own Content that you intend to submit to the Site. Finally, HSInc is not responsible for repairing or replacing any Content, equipment, data, or otherwise as a result of any damages. Aside from the foregoing, HSInc also makes the following disclaimers for following specific categories of information. You should not interpret the following types of informative Content to be of an advisory nature: -INVESTMENT & FINANCIAL INFORMATION -MEDICAL & HEALTH INFORMATION -LEGAL INFORMATION Any information you obtain from the Site regarding these topics should be not be upheld as authoritative and you should conduct your own research to form decisions regarding personal motivations and actions with these topics. While some information may lead you in the right direction, the Proprietor does not guarantee that you rely heavily on the credibility of the information when it comes to making personal decisions. 14. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY By entering Membership with the Proprietor, you agree that HSInc and Happy Smiling Inc, as well as their subsidiaries, affiliates, officers, agents, directors, suppliers, attorneys, and employees, and their respective successors cannot be held liable to you for any incidental, direct, indirect, punitive, special, exemplary, or consequential damage that may befall you during your use. Also, HSInc is not responsible for loss of profits, revenue, data, privacy, goodwill or any other applicable losses that might incur your involvement with the Site, even with prior knowledge of the possibility, and even if at fault. This is not limiting and applies to all parties associated with the Proprietor, as mentioned above, and their successors and includes the total amount paid by you to the Proprietor. 15. COPYRIGHT INFRINGEMENT HSInc observes the rights of intellectual property holders and asks that all Site Users similar respect their rights. While there is no guarantee that the Proprietors can or will prevent the downloading, printing, or otherwise third party use of your Content, the knowledgeable use of your Content that could in any way be construed as copyright infringement is strictly forbidden to the fullest extent of the law. If you feel that this is happening, whether to your own Content or to that of another Member, notify the copyright agent in writing with the following information: a) Authentic electronic or physical signature of the copyright owner or an authorized pro temp of the account holder; b) Affirmed identification of the copyrighted work that you believe has been infringed upon; c) Affirmed identification of the material that you believe violates your copyright as well as evidential information that would provide HSInc cause to investigate; d) Your contact information, including name, address, telephone number, and email address; e) A self-authorized statement that your claim is in good faith that the work being disputed is, to the best of your knowledge, not authorized by you, the copyright owner, its agent or other legal channel; and f) Another statement testifying that all information you have provided is accurate and honest to the best of your knowledge, punishable under perjury, and that you are the copyright owner or have been authorized by the owner to act in such a fashion. You can send all required and necessary information to this email address: come2film@hotmail.com. Upon receiving a request it is our policy to investigate it to the fullest extent of our power and terminate any User account that repeatedly or consistently acts in a way that violates copyright laws. Any Member caught with a single infringement can also be terminated. 16. CUSTOMER SUPPORT Your membership is an acknowledgement that the Proprietor does not have any responsibility in providing any customer service whatsoever. In the event that the Proprietor does provide service it is at their sole discretion and requires anyone in search of service to have Member account and that you have submitted your necessary inquiries while using said Account. 17. NOTICES AND CONTACT INFORMATION For the most part, as a Member, you will always be notified through your user account. Your Membership, then, authorizes HSInc to communicate with you via e-mail as well, including but not limited to legal processes. Any notice that is posted to the Site will remain for thirty days, so the Proprietor recommends that you visit at least once a month to ensure you receive any messages that might be pertinent to your account. Accordingly, your membership is an agreement that you will check the site for messages and that the Proprietor will consider your message delivered once it has posted to the Site, regardless of whether or not you have read it. Similarly, HSInc can send messages through e-mail at their discretion, and as such you are also agreeing to maintain your contact information current, updating it as necessary. Hence you agree to notify the Proprietor via email at HSInc@hotmail.com with any changes in information, except for inquiries regarding copyright infringement and removal of licensed material, as discussed in the previous section and Section 5. 18. ADDITIONAL TERMS a) Electronic Transaction Agreement: Use of the Site conforms that all of your transactions performed with or through the Site may, if the Proprietor chooses, be conducted completely electronically. If in the course of the transaction the Proprietor chooses another method, this service will be carried out in accordance with the Terms unless otherwise agreed upon and established via the provided form. When applicable by law, if you can withdraw from this consent or if for some reason the Proprietor must deal with you non-electronically, the Proprietor reserves the right to charge necessary fees and agrees to make an electronic copy of the Terms or other contract thereafter. b) Compliance with Laws: Each Member is responsible for their own behavior and follows all applicable laws according to local, state, national, and/or international mandate. c) No Agency / No Third Party Beneficiary: These Terms are not intended to develop, create, or cultivate an agency, partnership, joint venture, subordinate, or franchising relationship. Similarly, there is no intention for any third party to benefit from or rely upon any component of said Terms d) Severance: At any time, any portion of the Terms can be called into question in a court of competent jurisdiction, upon which time any portion that has been regarded as invalid or unenforceable will be removed as necessary with only the relevant factors remaining, so long as full jurisprudence has examined the factor and given it due process e) No Assignment: You shall regard all Terms (including those that are incorporated, like Privacy Policy, etc) to be personal to you, meaning that you cannot transfer, assign, or delegate them to another person (Member or otherwise) without the expressed written consent of the Proprietor. If you attempt to perform one of these actions without going through the proper channels, it will be considered a voided effort. Conversely, the Proprietor may reassign or delegate these Terms to any or all of a third party without your permission or advanced knowledge f) Jurisdiction / Choice of Law / Export Limitations: The Site is controlled by the Proprietor from offices in the United States, and thus targeted at U.S. Users. Accessing the Site from outside U.S. is at your own risk and the Proprietor does not assume liability. Though you are outside the United States you are still required to comply with applicable local laws as well as U.S. export laws and appropriate regulation of the Terms. Locally, the Terms and all performances and claims (including but not limited to tort, contract, and liability) relating at all to the Site shall be governed by the State laws of California, U.S.A, disregarding principles that might conflict with the application or related laws of a different jurisdiction. Therefore, all parties involved, including both Members and the Proprietor will default to the jurisdiction of the courts located within San Diego North-County, CA. Any and all disputes in accordance to these claims or arising due to the Terms or Site thereof shall then be heard wholly by a suitable court or forum in the State of California, in San Diego-North County. Along with this you consent that you will abide by the laws set up in a state or federal court in the appropriate jurisdiction and forfeit any admittance or defense that this process is in any way inconvenient or improper and consent to appropriate service as decided by the State of California or the related federal laws. Upon using the website any Visitor agrees to binding arbitration, for any claim, dispute, or other controversy (hereafter “Claim”) of any kind. All arbitration, then, will be performed in a manner pursuant to the rules of the American Arbitration Association that are currently in effect at the time the Claim is filed. Information regarding the American Arbitration Association is available by writing to the American Arbitration Association, 335 Madison Ave, Floor 10, New York, NY, 10017-4605. Any appropriate hearings will take place in the city or county where come2film is located. In these cases, standard procedure does not apply, which usually means that there is no pre-trial discovery, no access to a jury trial, no self-representation, with limited appellate rights. In the case that costs are established and reparations remanded, the favored party will be reimbursed by the subordinate party for all associated costs, including attorney fees, court fees, penalties, collection fees, investigation fees, and travel expenses. g) Limitations on Actions: If you wish to take action in accordance to a related dispute, it must be filed and processed within 3 months of the initial claim or the cause will be barred and dismissed. h) Entire Agreement: All Terms discussed make up the entire agreement between you as a User and HSInc as a service provider in regards to using the Site and supplants all simultaneous as well as previous agreements between these parties in regards to the topic at hand, and both parties will only depend on each other’s explicitly expressed representations as set in the Entire Agreement i) No Waiver: In the event that the Proprietor fails to enforce or otherwise exercise any provision made within the Terms, it does not establish a waiver of that right, provision, or guideline as set in the Terms, nor does it waive HSInc’s right to act accordingly in subsequent or similar occurrences. It is generally recommended that you print the Terms for your own records. LEGAL NOTICES: Several laws require us as the Proprietor to give you, the User, particular notifications, all of which are listed below and should be considered as wholly part of the Terms: -Notice of Availability of Filtering Software—the Proprietor hereby notifies you that parental control security is available if you need help limiting access to material that could be considered harmful to minors. This includes hardware, software, and other filtering services and more information is available through the Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies at: http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html -Notice: No Harvesting or Dictionary Attacks Allowed—At no time will HSInc sell or provide any address in their data base to another party for the sole purpose of commencing, whether as a singular third party or in conjunction with others, the correspondence of e-mail, unless sanctioned by the Proprietor’s staff or regulations. In regards to this, a violation occurs if any party: 1) initiates the sending of commercial e-mail (as described in the U.S. Anti-Spam Act of 2003) to the HSInc system or any single computer therein; or 2) aids in such a transmission from another third party, whether in defining addresses or making other provisions to see the transmission is successful -Notice Regarding Trademarks: HSInc, and Happy Smiling Inc, and all other associated trademarks whether expressed in private transmission or through the Site are owned by the Proprietor or allowed for licensed use by HSInc and their affiliates. Furthermore, any name of products or companies mentioned in these licenses may be or possess their own trademarks. Accordingly, you may not use any trademark from HSInc or their affiliates that has either been displayed on the Site or used in Site Content. All rights are reserved. -Notice Regarding Copyright Ownership: Copyright@com111.com2009, all rights reserved. All Site Content is subject to the appropriate intellectual property rights, contract, or other provisional protection. Specifically, all intellectual property is regarded as owned by the licensors of the Proprietor, and as such may not be copied, distributed, sold, uploaded, republished, posted, or otherwise transmitted unless specifically expressed in the Terms or by another agreement of consent. Similarly, any modification a User might make to Site Content may also violate these rights. FURTHER INFORMATION: Please contact come2film@hotmail.com with any concerns, questions, and complaints. California residents may also choose to submit their complaints in writing to the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 400 R Street, Sacramento, CA 95814, or by calling (800) 952-5210. PRIVACY POLICY (Last revision: February 2010) Come2film is service provided by Happy Smiling Inc, HS Inc, or collectively the Proprietor, or we. We take privacy seriously, both ours and yours. It is our goal to earn and maintain your trust. Because of this we want you to thoroughly understand which information we get from you, how we use this information, how it is protected, and what options you have regarding how your information may be used. The following Privacy Policy discusses and discloses the practices of the Proprietors websites including www.come2film.com. BY USING THE “SITE” YOU AGREE TO ABIDE BY AND BE BOUND TO THIS PRIVACY POLICY. IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND THE TERMS HEREAFTER DISCUSSED. Collection of Information Many aspects of the Site are completely free and open to the public, meaning that you are not necessarily required to submit any personal information for the purposes of accessing parts of the Site. However, some Content or activities require registration with Happy Smiling Inc. Registration is never required, but necessary for participating in contests, sweepstakes, giveaways, surveys, and some Content and Member interaction. Some features require particular information in order to use. For instance, if you would like to receive newsletters or other such alerts, we will need your e-mail address or cell phone number according to the terms of that particular service. You should know that any and all Content you post to the Site is automatically covered by the Privacy Policy, regardless of your registration or service purchase. Any personal information that may be requested by the Proprietor could include your name, address, e-mail address, phone number, and in the event of purchasing goods or services, your billing and/or credit card information. While your Content is explicitly protected, publishing to the Site is entirely voluntary and is restricted to use by the Proprietor, Members, and other Users. Cookies and Log Files As an online service provider, we utilize cookies to store your preferences and behavior when using the Site in order to create a more efficient and personalized user experience. These cookies are saved on your hard drive and also allow you to store certain information on the Site. For example your e-mail or log in information may be stored in the log in screen so that you don’t have to enter it every time you return. As a service provider, we can customize your experience, including offers and promotions, to your particular needs, using information from cookies. Use of cookies is not required and turning them off in your internet options will not affect your ability to use the website in general however, Users generally prefer to use them because it they find it more convenient. Like most websites, come2film and Happy Smiling Inc also tracks log files from the website as a whole, which is usually helpful in improving Site function. These log files can include your IP address (internet protocol), browser type, ISP (internet service provider), date and time stamps, click count, referring or exit pages, and type of platform you use. This information is solely used for analyzing Site trends among users in order to determine how each demographic uses the Site, and to make improvements accordingly. Children Are Not Authorized For Site Use HSInc and its affiliates do not authorize use of the Site for children under 13 years of age. Aptly, then, you must be at least 13 years old in order to register as a Site User. Consequentially, upon registering you acknowledge this and thereby attest that you are at least the age of 13. Also, if you are between the ages of 13 and 18 you concede to have either a parent or guardian present when you use or subscribe to the Site, or have received permission to do so. What’s more, you attest that you have also made aware this parent or guardian that there may be instances that request payment information and have permission to conduct transactions online too. The Proprietor does not knowingly gather information of a personal nature of anyone under 13. Use of Information Happy Smiling Inc, come2film, and the Proprietor as a whole collects personal and other information from Users in accordance with the Privacy Policy in order to provide specific products and services that you either prefer or have requested or ordered. Also, your information is used to communicate with you with other relevant information in relation to your Site use such as administrative changes, Content, contest entrance and prize redemption, and to notify you regarding new products or services you might enjoy. The Proprietor will also use the information to analyze User demographics and access trends in order to make necessary improvements for a better entertainment and business experience. When you submit your information to the Site, you willingly permit the Proprietor contact you in any form, whether that be phone, text message, voice mail, e-mail, or snail mail, with information pertaining to the Site, affiliates, marketing offers, and other additional information as a representative of third party service providers. If, for any reason, you would like to know which personal information has been retained by the Site, you can request this through the form at www.come2film.com. The Proprietor is not liable for the information contained therein and likewise cannot confirm the accuracy of any information stored on the Site. Members assume all risk when posting their information, and similarly all visitors assume all risk when reading, viewing, and otherwise accessing information during Use of the Site. Membership registration, then, transfers all rights of information that is submitted to come2film at their discretion. Third party advertising companies provide sponsorship through ad space which you can find through general Use of the Site. Your membership allows them to access your Site Use and personal information in order to cater promotions of goods and services that might be of particular interest to you. Sharing of Information While the Proprietor does will never sell your information, your personal information will be shared with approved third party affiliates for the sole purpose of contacting you via snail mail, electronic mail, or telephone (including text messaging) regarding marketing campaigns. Any information you post to any area of the Site will be regarded as public domain and available for use by third party affiliates, as well as Users of the Site. Come2film, then, disclaims responsibility and liability for Content accuracy contained within the website and visitors and Users assume all necessary and appropriate risks in viewing , using, reading, or relying on this information in any way, shape, or form. Come2film may also disclose your personal information under observance of applicable laws if legally required to do so, for instance in connection with a court order or subpoena, or in the event that you violate the Privacy Policy or the Terms of Service, or in the event that We believe disclosure will prevent the commission of a crime. Disclosure may also be necessary in the event of the necessary transfer of information during a corporate merger, consolidation, acquisition, asset sale or other change in regards to the Site. This is to protect the Proprietor and their affiliates as well as other Users and Members. Security The Proprietor uses sensible and rational security systems in order to protect the data collected and stored via the Site. No security system is entirely perfect and while we do our best to provide the best security possible, we cannot guarantee the ultimate security of our servers or that any transmission of information via the internet will be entirely safe from corruption or interception. California Privacy Rights California residents who use the Site have the right to ask for specific information in regards to our disclosure privileges of personal information to any third party for the function of direct marketing. Changes to Privacy Policy The Proprietor will update and change the Site as necessary, and when any such changes occur, notification of them will be posted on the Site at www.come2film.com. You are encouraged, then, to regularly check with the Site to obtain information regarding updates. Notification of material changes within the Site might also be sent via regularly scheduled e-mail.