all contents of this system and its associated sub-systems contain PROPRIETARY INFORMATION and remain the sole and exclusive property of its owners and is restricted to ladb , its entities and it’s authorized users for business purposes only.
any unauthorized access or misuse is a violation of appropriate use policy, intellectual property rights, and illegal computer access laws established in the united states and international countries and may subject you to criminal prosecution and civil penalties
this system is monitored for administrative and security purposes.
LADB and the Services. Los Angeles Duplication & Broadcasting ("LADB", "we" or "us") provides various services for its clients ("Client(s)") in connection with the duplication, reformatting, archiving, and distribution of various data and content including, without limitation, television programming, feature films, spot advertising, movie trailers, press kits, syndicated programming and other audiovisual, textual, audio-only and other content (collectively, "Content"). The Services include, without limitation, the operation of the website at www.ladb.tv (the "Website") and Content distribution services through a secure, encrypted online private viewing extranet under the name LADB.TV available on the Website and through the software application for use on the iPad or other mobile devices (the "App") (the services provided through the Website and App shall be specifically referred to as the "LADB.TV Service").
Ownership. LADB owns any and all rights, including copyrights, trademark rights, and other intellectual property rights, in and to the LADB.TV Service, including all rights in the Website and App ("Proprietary Materials"). In no event shall any Client or Authorized User modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the LADB.TV Service, in whole or in part.
This Agreement includes LADB's policy for acceptable use of the LADB.TV Service, and your rights, obligations and restrictions regarding your use. In order to participate in certain features of the LADB.TV Service, you may be notified that you are required to download content and/or agree to additional terms and conditions. Such additional terms are hereby incorporated into this Agreement by this reference.
We may modify this Agreement from time to time and such modification shall be effective upon posting on the Website or in the App. You agree that you will be deemed to have agreed to any such modifications by your further use of the LADB.TV Service after any such modification is posted. It is therefore important that you review this Agreement regularly after signing in to ensure you are updated as to any changes.
Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the LADB.TV Service at any time, for any or no reason, with or without prior notice, and without liability, including in the event we stop offering the LADB.TV Service.
LADB.TV Service. This proprietary, secure, encrypted extranet and the App are used to make Content owned by our Clients (or their licensors) and provided to LADB for distribution, accessible to Authorized Users to whom such Clients have granted permission to access such Content (through notifying us) who have registered as described below.
User Eligibility. By using the LADB.TV Service, you represent and warrant that (i) all registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information by updating such information if it changes; (iii) you are 14 years of age or older; (iv) your use of the LADB.TV Service does not violate any applicable law or regulation; and (v) you will cease using the LADB.TV Service if you are no longer authorized by an applicable Client to view its Content.
Term. This Agreement as it relates to the LADB.TV Service shall remain in full force and effect with respect to you, the Authorized User, for as long as our Client who granted you permission to access certain Content ("Permitting Client") is in a contractual relationship with us and indicates that you are intended to have ongoing access to such Content. You may terminate your Authorized User status at any time, for any reason, by submitting a request that your profile be deleted and your account be closed, to email@example.com. We may terminate your Authorized User status at any time, without warning. Even after your Authorized User status is terminated, this Agreement will remain in effect, including without limitation sections 2, 4(b), 4(c), 5, 7, 8, 9 and 10.
Fees. LADB.TV Service is a paid service. Fees will be paid by the Permitting Client. If LADB terminates your Authorized User status because you have breached the Agreement, the Permitting Client shall not be entitled to the refund of any unused portion of fees paid.
Registration; Password. When you sign up to become a Authorized User, you will also be asked to register with a user identification ("UserID"), and we will provide you with a password ("Password"). You may be given the opportunity to replace the Password with one of your own choosing. You are entirely responsible for maintaining the confidentiality of your UserID and Password. In addition, the App employs multilevel authentication, adding an additional level of security in the visual authentication that you must complete in order to complete the login process. You must create and remember a unique visual identifier by choosing your own pattern among the boxes presented to you ("Visual ID"). The Visual ID will enable you to use the LADB.TV Service on that iPad or other device without logging out by just inputting your Visual ID, if you navigate away from the App and then wish to return to it. To protect your privacy, we will not have access to your Password. If you lose or forget your Password, we will have to reset it by verifying your identity and sending you a new Password at the Permitting Client's expense. You agree not to use the account, UserID, or Password of another Authorized User at any time or to disclose your Password to any other Authorized User, including other employees or contractors or agents of the Permitting Client, or to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your UserID or Password. You are solely responsible for any and all use that takes place in your account. Although we will not be liable for your or the Permitting Client's losses caused by any unauthorized use of your account, you may be liable for our losses or the losses of our other Clients or third-party Content providers, due to your acts or omissions, including any unauthorized use of your account.
Parameters of Use. The LADB.TV Service is a proprietary LADB Service exclusively for Authorized Users of the Website and/or the App, and may not be used for any other purpose or by any non-users.
LADB does not claim any ownership rights in the Content that the Permitting Client asks us to transmit or that you are able to access and view on the LADB.TV Service. We obtain no ownership rights in any Client Content; we act merely as an online service provider under applicable law that makes Content accessible to you. The Content may be transmitted or streamed worldwide (because the Internet and the LADB.TV Service are global in reach).
You represent and warrant that you will observe any restrictions imposed by the Permitting Client regarding your access to the Content streamed/transmitted by LADB.
Content on the LADB.TV Service may not be copied, modified, translated, published, broadcast, transmitted, distributed, performed or displayed to third parties, or sold by you, subject to applicable law, unless you have been given express written permission to do any of the foregoing pursuant to the Service permission level granted by the Permitting Client applicable to you.
LADB may reject or delete any Content that in the sole judgment of LADB violates this Agreement or may be offensive, illegal, infringing or violate the rights, harm, or threaten the safety of any person. Nonetheless, we assume no responsibility for monitoring the LADB.TV Service for inappropriate Content or conduct. The primary purpose of any Content review by LADB will be strictly for technical quality control purposes, to ensure that the Content can be used and transmitted properly on the LADB.TV Service. If at any time we choose, in our sole discretion, to monitor the LADB.TV Service for other purposes, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content and no responsibility for the conduct of the Client submitting any such Content. LADB does not endorse any Content posted on the LADB.TV Service. We make no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that is accessible to you.
LADB also disclaims any and all liability relating to Content download with respect to your computers or system. It is your responsibility to have installed effective and up-to-date antivirus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or operation, to prevent any damage as the result of the LADB.TV Service's download functionality.
The following is a partial list of the kind of activity that is illegal or prohibited on the
LADB.TV Service and through your use of the LADB.TV Service. LADB reserves the right to
investigate and take appropriate legal action against anyone who, in our sole discretion,
violates this provision, including without limitation, reporting you to law enforcement
authorities. Prohibited activity includes, but is not limited to:
criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
interfering with, disrupting, or creating an undue burden on the LADB.TV Service or copying the App or attempting to circumvent any technological protections;
using any software that intercepts, mines, or otherwise collects information about other users or copies and stores any Proprietary Materials or Content.
attempting to impersonate another Authorized User or person;
using the account, UserID, or Password of another Authorized User at any time or disclosing your Password to any third party or permitting any third party to access your account;
using the LADB.TV Service in a manner inconsistent with any and all applicable laws and regulations.
Copyright Policy. If you believe that Content has been copied and posted on the LADB.TV Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. LADB's Copyright Agent for notice of claims of copyright infringement can be reached as follows: firstname.lastname@example.org.
Protection, Security and Anti-Piracy
Content Protection. LADB takes reasonable precautions to safeguard Content in all aspects of its services, including Content posted on the LADB.TV Service, and to prevent piracy on the Website or on the App. Please contact LADB at email@example.com if you would like a more complete description of our Website or App security precautions. LADB also meets the security requirements of applicable trade associations regarding film and media content. In addition, LADB has achieved ISO 9001 certification in recognition of its strong quality management systems.
Security Procedures. Due to piracy concerns involving video and other audiovisual Content that is the subject of the LADB.TV Services, including that which is to be posted on the Website or App, LADB observes various film industry mandated security procedures that seek to eliminate piracy (i.e., the unauthorized and illegal duplication of Content).
LADB.TV Service Security. The LADB.TV Service is an internal, secure, private, encrypted extranet, accessible via the Website or the App. All servers reside in our headquarters. The LADB.TV Service uses our own architecture and provides strong encryption, and all transmissions are secured end-to-end over SSL encryption protocol. Sensitive Content is only made available by LADB to the single or multiple Authorized Users specified by the applicable Permitting Client. The App employs multilevel user authentication including the Visual ID for added security. LADB has achieved ISO 9001 certification as indicated above, and ISO 27001 certification, the internationally recognized standard for information security, for the LADB.TV Service, as more fully explained below. These efforts have been undertaken by LADB to ensure that the LADB.TV Service demonstrates state-of-the-art Content and information security, subject to the disclaimers set forth below.
ISO Certification. The main thrust of LADB's ISO certifications is Content protection, from Content creation to distribution. ISO 27001 combines risk analysis and risk treatment, and is backed by 11 exhaustive control categories including information security policy, security organization, personnel security, access controls, physical security, asset classification, business continuity planning, system deployment, security incident management, communications management and compliance. This does not mean that any system or Content is 100% secure, as explained in the paragraph below, but it means that LADB has done more than most companies in its sector to protect your Content.
Warranty and Disclaimers: Client's materials and Content shall be posted, received, processed, streamed, used, transmitted and stored by LADB solely at the Permitting Client's risk. LADB disclaims any warranty regarding the nature or quality of the Content posted, transmitted, viewed or downloaded using the LADB.TV Service; such Content is owned by the Permitting Client or its licensors, and not by LADB, and such Content may be offensive, inaccurate or infringe the rights of third parties. LADB does not warrant that you will not find the Content offensive, defamatory, or obscene, or that it will be free of defects, viruses or other malware or otherwise error-free if downloaded by you (with permission from the Permitting Client). LADB cannot provide absolute security for transmissions on the LADB.TV Service, and disclaims any liability for breach of such security, as no Internet service or network or application using wireless capability is ever 100% secure, or immune from, hacking, attacks, viruses or from fraud or evolving capture technologies. LADB does not warrant that your use of the LADB.TV Service will be uninterrupted or error-free. LADB is not responsible for any problems or technical malfunction of any telephone network or lines, wireless connectivity, hardware or device vulnerability, computer online systems, servers or providers, computer equipment or software due to technical problems or traffic congestion on the Internet, any mobile device or on the LADB.TV Service, including any injury or damage to your or to any other person's computer related to or resulting from viewing or downloading Content in connection with the LADB.TV Service. Unless otherwise indicated herein, the LADB.TV Service and LADB's other services are provided "AS-IS".
Limitation of Liability. LADB shall not be liable for any damages, including without limitation, any lost profits, indirect or consequential damages or any other damages, caused by loss, damage or destruction of any materials or Content belonging to the Client or any other person while in transit or in the possession of LADB, or as the result of any security breach relating to the LADB.TV Service, unless otherwise indicated expressly herein. LADB shall not be liable to you, another other Authorized User or the Permitting Client nor to any other person for any act or omission of any person selected by LADB to perform services or furnish materials under this Agreement. If the App or other materials furnished by LADB are found to be defective in manufacture, LADB's sole obligation and your only remedy shall be for LADB to replace such material with similar quantity and quality of such material, provided (a) you notify LADB in writing of such defect within thirty (30) days after you receive the completed product, and (b) such defective materials are returned promptly to LADB at the your expense. Except for such replacement, LADB shall have no further liability in connection with such defective materials. In particular, LADB has no liability with respect to the iPad or other mobile device provided to you by LADB, and its sole obligation if such device is defective will be to replace such device on a commercially reasonable, "as available" basis. LADB MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONTENT, MATERIALS OR SERVICES OR LADB.TV SERVICE PROVIDED BY LADB. LADB EXPRESSLY DISCLAIMS ALL WARRANTIES, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Indemnity: You shall indemnify and hold LADB harmless from all suits, demands, claims and other liabilities and expenses (including without limitation, attorney's fees and disbursements) arising from your acts or omissions with respect to your use of the LADB.TV Service.
Construction and Jurisdiction: This Agreement shall be governed and construed in accordance with the laws of the State of California, excluding its provisions on conflicts of law. The parties agree that any dispute shall be resolved the courts of competent jurisdiction sitting in Los Angeles, and the parties further agree that they shall not contest such jurisdiction or argue that the forum is inconvenient. If any provision of these terms and conditions is held void or unenforceable, such provision will be treated as severable, leaving valid the remaining provisions of these terms and conditions. If suit or action is instituted by LADB relating to the Services or the LADB.TV Service, LADB shall be entitled to recover its actual costs incurred, including reasonable attorneys fees and costs.
Notices: All notices and communications hereunder shall be sent to LADB in writing, attention Controller, 2107 W. Alameda Avenue, Burbank, CA 91506.
What Information is Collected. The LADB.TV Service collects information about you in several ways. First, Permitting Clients provide information about Authorized Users when they request that an account/profile be established for a given Authorized User. Permitting Clients often provide name, email address, employer name, as well as UserID and Password (if these have been provided previously to the Permitting Client). If you do not want such information collected, please notify the Permitting Client but you must recognize that you may not be able to use the LADB.TV Service if such information is not collected. Second, the Authorized User, in order to establish an account or once his or her account is established, generally will provide, by telephone, email or through the Website or App, any missing Authorized User personal contact information, such as IP address, telephone number and instant messenger address (if any). Third, certain information is collected from cookies as indicated below and stored in our server logs, such as the IP address and the time of the Authorized User's visit. A "web cookie" or "cookie" is a parcel of text sent by a server to an Authorized User's web browser (and stored on the Authorized User's hard drive) and then sent back unchanged by the Authorized User's browser each time it accesses that server. Such cookies are used for authenticating, tracking, and maintaining specific information about Authorized Users. The LADB.TV Service will issue a cookie when an Authorized User logs in, which identifies the authenticated Authorized User as logged in, and the cookie will be updated each time the Authorized User logs in. It will time out after 30 minutes.
How Your Personal Information Is Used. Most of your personal information is used for authentication when you login to your account, and for communication over the LADB.TV Service. We may also use this information to give you updates or notices regarding the LADB.TV Service, and also to make you aware of any promotions. You may opt out of receiving such promotional notices by sending an e-mail to: firstname.lastname@example.org with the subject line "Unsubscribe." Certain Authorized User information also may be provided to our Permitting Clients who authorized the account of such Authorized User. We will not sell any of this information to marketing or promotional companies, list brokers or other third parties. We will provide aggregate information gathered about the Website, App and use of the LADB.TV Service to various services that help us analyze and improve the Website, App and use of the LADB.TV Service, and provide us with analysis of information such as where the LADB.TV Service is being used. Often this information is aggregate IP address information, and should not be identifiable to a given Authorized User by such third party.
Opt-In. By indicating your acceptance of the terms, you give your consent to our use of your personal data as indicated above, and also to our transfer of your personally identifiable information to our secure servers located in California.
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