Terms of use were last modified on July 1, 2007 and are effective immediately.
Our Privacy Statement
TheBackUpPlan.TV Network - Terms OF Use
WELCOME TO THEBACKUPPLAN.TV! PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. ALL OF THE CONTENT AND SERVICES AVAILABLE THROUGH THIS SITE ARE MAINTAINED BY THEBACKUPPLAN.TV, RELATED ENTITIES, OR AFFILIATES. YOUR CONTINUED USE OF THIS SITE WILL INDICATE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THEBACKUPPLAN.TV.
Agreements
Accessing any areas of this website, you are agreeing to all Terms of Use. You agree there will be no posting of any information that is obscene, vulgar, fraudulent, and unlawful or infringes upon any third party's intellectual property. You are agreeing not to restrict any member from using this site or services, not to exchange information or software that may contain harmful content or a virus, and you may not electronically transmit or exchange anything that has been downloaded from this site. Unauthorized use of information such as, but not limited to, content, images, video, audio, and proprietary logos, may violate copyright, trademark, privacy, state and federal laws. By using thebackupplan.tv you agree to abide by all of the rules and regulations. The Terms of Use shall be governed and interpreted by the laws of the State of Nevada, without regard to conflicts of law principles. Any sentences containing the words, "our" "we," or "us," are referring to TheBackUpPlan.TV and its affiliates.
TheBackUpPlan.TV is offered and made available only to users 13 years of age or older and if you are not yet 13 years old, or your use of our site is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using the site immediately because by using or attempting to use the site, you certify that you are at least 13 years of age and meet all other eligibility requirements.
Registration
Portions of our site are available to users in the general public without registering. You may visit and browse without charge or obligation. We reserve the right to limit, restrict, or make changes to at any time without notice.
Certain services, functions or features of our site, such as video submission, forums, and any interactive feature of the site require users to register. You will need to provide and select a unique user name, password, provide your e-mail and we may request you to proved other information. We are committed to protecting your privacy. Personal information will not be sold, shared, or traded in any way. The information that is posed on our site (forums, job boards, casting notices, and databases) is accessible to all TheBackUpPlan.TV members. We will not be responsible for damages that may occur through misuse. For more information please see our Privacy Policy.
Ownership
TheBackUpPlan.TV is a worldwide website owned and operated by BackUp Plan Productions LLC and JTT Productions LLC, companies that have agreements with partners, advertisers, and licensors. Our content is legally protected, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Brands, logos, artwork, trademarks, trade names, service marks, patents, titles, and other distinctive marks are under the protection of proprietary laws. You will not have ownership of trademarks from BackUp Plan Productions LLC, JTT Productions LLC, or trademarks from any of our affiliates. You have no right to use any of these marks or similar confusing marks for any purpose without our written consent. We are allowing you to view our Online Theater through your computer. You may have ownership of your computer but you do not have ownership of the contents downloaded, viewed or transmitted from our site. If you disagree with any Terms of Use please don't use our services.
All music and other materials must be cleared. Signed releases from all copyright
holders and talent in order for us to premier your film on TheBackUpPlan.TV. BackUp Plan Productions LLC and JTT Productions LLC will release a DVD that is a compilation of the top "Viewers Choice" and "Judges Choice", and any future distribution of films are at the mutual decision of BackUp Plan Production LLC/JTT Productions LLC/Affiliates and the copyrighted owner/owners of the films.
Finalist Permissions
By participating in our online theater festival, finalists agree that during the voting period, TheBackUpPlan.TV, affiliates, partners, advertisers, and licensors engaged to implement this online theater are authorized to display the films on the site in conjunction with the theater. Finalists also agree that Co-Sponsors, with the expressed written permission of us, are authorized to display the films on websites that are owned or operated by or on behalf of any co-sponsors during the online theater festival period.
Finalists grant permission to TheBackUpPlan.TV, affiliates, partners, advertisers, licensors and their sponsors to use their names, likenesses, photographs, voices, sounds and/or biographical information, and films in connection with the theater festival and for any and all advertising, publicity, and promotional purposes relating to the online theater festival without compensation, unless prohibited by law.
Finalists will be required to sign a Release Agreement Form granting us the right to display their film, in whole or in part, on the website and/or on any other websites owned or operated by or on behalf of BackUp Plan Productions LLC and JTT Productions LLC or any of its related or affiliated companies for a period of six (6) to twelve (12) calendar months following the end of the festival period; the right to use their film to create trailers, either for individual films or as a collection of films; and/or the right, if his/her film is selected as the "viewers choice" winner, "judges choice" winner or one of the top finalists, to display the film on any website owned or operated by or on behalf of BackUp Plan Productions LLC and JTT Productions LLC or any of its related or affiliated companies for a non specified period following completion of the online theater film festival period. Apart from displaying the finalist films online, we have no further obligation to display the films in any other manner, or at any other location. Copyright to finalist films will remain the intellectual property of the participant finalist of the online theater film festival.
Forums, Postings and Web Communities
Your posts should focus on the specific topic of the board and thread. We encourage personal expression but offensive conduct will not be accepted. Please do not post solicitations for external websites, contests or other solicitations. All discussion forum submissions become property of BackUp Plan Productions LLC and JTT Productions LLC. Usage of the discussion forums is a privilege of TheBackUpPlan.TV membership; discussion forum privileges may be altered or revoked at any time without notice. IF YOU ARE UNDER 13, YOU ARE NOT PERMITTED TO POST ANY INFORMATION OR OPERATE THIS SITE.
Billing
We use Paypal to handle our billing procedures. We are not liable for any damages that may take place during the ordering process. Your personally identifiable information will remain confidential. After ordering a product, or service through our partners or us, legal action will result upon refusal of payments. Although the non-aggregate information you submit to us stays confidential, we strongly advise you to read the privacy policies and terms of use from our partners' sites before ordering a product. Fees may change at any time but not without prior notification.
Advertising
At times, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners as a result of your use of this site. All such communication, interaction and participation is strictly and solely between you and the advertiser involved and we shall not be responsible or liable to you in any way in connection with these activities or transactions.
Rules of Conduct
Links
Promotions
At times, affiliates, service providers, suppliers, and advertisers may conduct promotions on or through the site, including, auctions, contests and sweepstakes. Each Promotion may have additional rules that will be posted or made available to you and, for purposes of each promotion, will be incorporated into and form a part of this agreement; if there is any conflict between the rules for any particular promotion and these terms of use, the rules shall govern for that promotion.
Modifications
We reserve the right, at any time, for any reason, to change the terms of this agreement. A post or a display notice of changes on the site and we may also e-mail you of the changes. Upon posting the changes will take effect immediately, use of the site after they are effective you agree to be bound by the changes. We also reserve the right, with or without notice to change, modify, and permanently discontinue any or all portions of this site at any time without liability or obligation to you.
Disclaimers
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES AND HYPERLINKED WEBSITES. GREENCINE, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE AND/OR HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. Although TheBackUpPlan.TV attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform TheBackUpPlan.TV so that it can be corrected. Information contained on the Site may be changed or updated without notice.
Termination
You may terminate your registration and User ID, for any reason at any time. Please send it via e-mail with your username, password, and e-mail address requesting the termination. We reserves the right to terminate your access to our site, at our discretion, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
Infringement, Copyright, and Trademark Claim
By using this site, you are in agreement that you do not have the right to infringe upon the property of The BackUpPlan.Tv, by editing, publishing, broadcasting, modification, solicitation, or any other means.
If you have credible evidence that an idea is infringed and on our site and you are the rightful owner, or given the authorization to act on their behalf contains elements go to our Notice and Procedure for Making Claims of Copyright Infringement.
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on thebackupplan.tv should be sent ONLY to our Designated Agent.
NOTE: The following information is provided solely for notifying the service providers referenced below that your copyrighted material might have been infringed.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be sent to the following:
Service Provider: BackUp Plan Productions
Name of Agent to receive notification of claimed infringement: Beverly Lynne Meadows
Address of Agent to which notification should be sent:
4754 E Flamingo Road
PMB 541
Las Vegas, NV 89121
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
(1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest
(2) Identification of the copyrighted work (or works) that you claim has been infringed
(3) A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.)
(4) A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material
(5) Your name, address, telephone number, and e-mail address
(6) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
(7) 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.