Website Terms of Use

TERMS OF USE

By accessing the IATSE LOCAL 44 websites, which includes, for purposes of the Terms of Use, using our text message functions and our applications, including applications on third-party sites or platforms such as social networking sites, you are indicating your acceptance to be bound by the provisions of these Terms of Use and Privacy Policy, which is incorporated herein by reference. If you do not accept any of these terms, do not access the site. The IATSE LOCAL 44 may, in its sole discretion, revise these Terms of Use at any time by updating this posting. Although we may attempt to notify you when major changes are made to these Terms of Use, you should visit this page periodically to review the most up-to-date Terms of Use because they are binding on you. By continuing to use IATSE LOCAL 44 websites following our posting of such changes, you agree to be bound by the Terms of Use, as modified.

The terms “you” and “User” as used herein refer to all individuals and/or entities accessing IATSE LOCAL 44 websites for any reason.

  1. Eligibility
    By accessing IATSE LOCAL 44 websites, you represent and warrant that you are 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and that you have the right, authority and capacity to agree to and abide by these Terms of Use. In any case, you affirm that you are above the age of 13, as the IATSE LOCAL 44’s websites not intended for children under 13. You also represent and warrant that you will use the websites in a manner consistent with any and all applicable laws and regulations.
  2. IATSE LOCAL 44 Permissions and Restrictions
    IATSE LOCAL 44 hereby grants you permission to access and use the websites as set forth in these Terms of Use, provided that:

(a) You do not collect any personally identifiable information of others, including user names or email addresses.

(b) You may not use any of the IATSE LOCAL 44 websites in violation of any applicable law or regulation.

(c) You do not use the website for any commercial purposes. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use commercially any portion of the IATSE LOCAL 44 websites commercially. You agree not to transmit or otherwise make available any unsolicited advertising, promotional information, bulk email or other solicitation. You agree not to solicit, for commercial purposes, any users of the website with respect to any of their content or comments.

(d) You do not circumvent, disable or otherwise interfere with security-related features of our sites or servers (or networks connected to our websites), including, without limitation, the following activities: (i) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (ii) attempting to interfere with communication to any user, host or network, including, without limitation, via means of submitting a virus to this or any IATSE LOCAL 44 site, overloading, “flooding,” “spamming,” “mailbombing” or ”crashing”; or (iii) transmitting or otherwise making available any content containing any “virus,” “worm” or “trojan horse” or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Violations of system or network security may result in civil or criminal liability. The IATSE LOCAL 44 will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

(e) You do not use or launch any automated system, including, without limitation, “robots,” “spiders” or “offline readers,” that accesses the websites in a manner that sends more request messages to the IATSE LOCAL 44 servers in a given period of time than a human can reasonably produce in the same period by using a conventional internet tools (e.g., a web browser). Notwithstanding the foregoing, the IATSE LOCAL 44 grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials but not caches or archives of such materials. The IATSE LOCAL 44 reserves the right to revoke these exceptions either generally or in specific cases.

(f) You do not alter or modify any part of the IATSE LOCAL 44’s websites.

(g) You do not harass, threaten, embarrass or cause distress, unwanted attention or discomfort to a person or entity on or through the IATSE LOCAL 44 websites or its communication systems.

(h) You do not transmit or otherwise make available on or through IATSE LOCAL 44 websites any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, violent, vulgar, obscene, hateful or racially, ethnically or otherwise objectionable, or potentially libelous or inflammatory, as solely determined by the IATSE LOCAL 44.

(i) IATSE LOCAL 44 reserves the right to change or discontinue any aspect of its websites at any time, for any reason and without notice to you.

(j) IATSE LOCAL 44 reserves the right to suspend or terminate a user’s access to IATSE LOCAL 44 websites, without prior notice and at the IATSE LOCAL 44’s sole discretion.

(k) This list of permissions and restrictions, along with the other terms discussed below, is not intended to be complete, but merely illustrative. We reserve the right in our sole and final judgment to determine whether your conduct violates conduct requirements for the websites.

  1. User Accounts
    In order to access some features of IATSE LOCAL 44 websites, you have to login with your own account or become a registered user. As a user, you agree to be bound by the following terms:

(a) When creating or modifying your account, you must provide accurate, current and complete information. We reserve the right to disallow use of any user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing the websites through any username/password assigned to you. You must notify the IATSE LOCAL 44 immediately of any breach of security or unauthorized use of your account. You may never use another’s account without permission.

(b) As a user, you may submit comments on various IATSE LOCAL 44 websites or other material (collectively, “User Content”). IATSE LOCAL 44 reserves the right, but does not assume the obligation, to delete, move, condense or edit such User Content for any reason and without prior notice. IATSE LOCAL 44 also reserves the right to suspend or terminate a user’s access and ability to post User Content. IATSE LOCAL 44 neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of any IATSE LOCAL 44 websites, nor are we responsible for any failure or delay in removing such materials.

(c) You are solely responsible for your own User Content and the consequences of posting or publishing it. Submissions may be used by the IATSE LOCAL 44 for any purpose in any form without the permission of the submitter and without any consideration apart from participation in accordance with these Terms of Use. By providing User Content to the IATSE LOCAL 44, you affirm, represent and/or warrant that you own or have the necessary licenses, rights, consents and permissions to use and authorize the IATSE LOCAL 44 to use all patent, trademark, trade-secret, copyright or other proprietary rights in and to any and all User Content you submit to enable inclusion and use of such User Content in the manner contemplated by these Terms of Use. You agree and represent that, unless you are the owner of such rights or have permission from the rightful owner, you will not submit material that (i) is copyrighted or protected by trademark or trade secret or other intellectual property rights of others; (ii) violates the privacy, publicity or other personal rights of others; or (iii) reveals confidential information or otherwise violates the third-party proprietary rights of others. You further agree and represent that you will not submit material that is harassing, vulgar, unlawful, harmful, profane, defamatory, violent, obscene, threatening, abusive, hateful or is potentially libelous or inflammatory or racially, ethnically or otherwise objectionable. The IATSE LOCAL 44 reserves the right to not post submissions and to remove submissions without prior notice, at the sole discretion of the IATSE LOCAL 44.

(d) You retain all of your ownership rights in your User Content. However, by submitting User Content to the IATSE LOCAL 44, you hereby grant the IATSE LOCAL 44 a worldwide, nonexclusive, royalty-free, sublicensable, perpetual and transferable license to use, reproduce, store, distribute, prepare derivative works of and display your User Content (and your user name, voice, appearance and likeness) in any medium in connection with the activities and operations of IATSE LOCAL 44, its related and affiliated entities and successors, including, without limitation, for promoting and redistributing part or all of the IATSE LOCAL 44’s websites (and derivative works thereof) in any form or media, now known or hereafter devised, in all languages throughout the world. You also give the IATSE LOCAL 44 the nonexclusive right to use your name, voice, appearance and likeness, as well as any additional information you have provided about yourself, in any material prepared by or for the IATSE LOCAL 44 in any form or media, now known or hereafter devised, in all languages throughout the world. You also hereby grant each user of the IATSE LOCAL 44 websites a non-exclusive license to access your User Content through the websites, and to use, reproduce and distribute such User Content for such user’s personal, noncommercial purposes. You understand and agree that the IATSE LOCAL 44 may retain, reproduce, distribute and otherwise use for any purpose copies of User Content that has been removed from the websites. The above licenses granted by you are perpetual and irrevocable.

(e) The IATSE LOCAL 44 does not endorse, authorize or ratify any User Content, or any opinion, recommendation or advice expressed therein, and the IATSE LOCAL 44 expressly disclaims all liability in connection with User Content. The IATSE LOCAL 44 does not permit copyright infringing activities and infringement of intellectual property rights on its websites, and the IATSE LOCAL 44 reserves the right, but does not assume the obligation, to remove any content from the websites if notified that such content infringes on another’s intellectual property rights.

  1. Your Use of Content on the Site
    In addition to the restrictions above, the following restrictions and conditions apply specifically to your use of content on the IATSE LOCAL 44 websites. You agree to comply with all applicable laws regarding your use of the IATSE LOCAL 44’s websites. You further agree that information provided by you in connection with use of the websites is truthful and accurate to the best of your knowledge.

(a) The content on the websites (other than your User Content), including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, “IATSE LOCAL 44 Content”) is owned by or licensed by the IATSE LOCAL 44. Similarly, the trademarks, service marks and logos contained on the websites are owned or licensed by the IATSE LOCAL 44 (“IATSE LOCAL 44 Marks”). Except as otherwise provided in these Terms of Use, the IATSE LOCAL 44 Content and the IATSE LOCAL 44 Marks may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without the prior written consent of the IATSE LOCAL 44. The IATSE LOCAL 44 reserves all rights not expressly granted in and to the IATSE LOCAL 44 Content and the IATSE LOCAL 44 Marks.

(b) IATSE LOCAL 44 websites are made available for your personal, noncommercial use only. As part of such use, you may display, download and/or print pages from the sites; you may link to the website; and you may forward website materials to others for personal, non-commercial uses that are reasonably related to website purposes.

(c) You understand that when using an IATSE LOCAL 44 website, you will be exposed to IATSE LOCAL 44 Content, User Content and other third-party content from a variety of sources, and that the IATSE LOCAL 44 makes no warranty about the accuracy, usefulness, safety or intellectual property rights of or relating to such IATSE LOCAL 44 Content, User Content or other third-party content. You further understand and acknowledge that you may be exposed to User Content that may be inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the IATSE LOCAL 44 with respect thereto.

(d) The websites may contain links to third-party websites that are not owned or controlled by the IATSE LOCAL 44. The IATSE LOCAL 44 has no control over, and assumes no liability or responsibility for, the content, privacy policies or practices of any third-party websites. When you leave the IATSE LOCAL 44’s websites you are responsible for reading the terms and conditions and policies of each other website that you visit.

  1. Digital Millennium Copyright Act
    If you are a copyright owner or an agent thereof and believe that any IATSE LOCAL 44 Content or User Content infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing IATSE LOCAL 44’s Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further details):
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the IATSE LOCAL 44 to locate the material;
  • A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed;
  • Your name, mailing address, telephone number and email address; and
  • A physical or electronic signature of the owner of the exclusive right that is allegedly infringed, or that of the person authorized to act on behalf of the owner.

IATSE LOCAL 44’s designated agent to receive notifications of claimed infringement is: IATSE LOCAL 44 General Counsel, 207 West 25th Street, New York, New York 100001, and by phone at 212-730-1770. You acknowledge that if you fail to comply with all of the above requirements, your DMCA notice may not be valid.

  1. Disclaimer of Warranty
    IATSE LOCAL 44 WEBSITES ARE PROVIDED TO YOU “AS IS.” YOU AGREE THAT YOUR USE OF SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IATSE LOCAL 44, AS WELL AS ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “IATSE LOCAL 44 PARTIES”), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND YOUR USE THEREOF. THE IATSE LOCAL 44 CANNOT AND DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF WEBSITE CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO IATSE LOCAL 44 WEBSITES. NOR DO THE IATSE LOCAL 44 PARTIES GUARANTEE THAT THE WEBSITES WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE IATSE LOCAL 44 DOES NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE IATSE LOCAL 44 WEBSITES OR ANY WEBSITE HYPERLINKED OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.
  2. Limitation on Liability
    IN NO EVENT SHALL THE IATSE LOCAL 44 BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER OR NOT THEY ARE FORESEEABLE, RELATING TO THE IATSE LOCAL 44 WEBSITES, INCLUDING ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES; (V) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY; AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OR INABILITY TO USE OUR WEBSITES OR ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE IATSE LOCAL 44 WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IATSE LOCAL 44 IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE IATSE LOCAL 44 PARTIES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. TO THE EXTENT THESE LAWS APPLY TO YOU, SOME OF THE PROVISIONS SET FORTH IN THIS AGREEMENT MAY NOT APPLY.
  3. Indemnification
    You agree to indemnify, defend, and hold IATSE LOCAL 44 and our officers, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your use of the IATSE LOCAL 44’s websites or violations of any term of these Terms of Use. This defense and indemnification obligation will survive these Terms of Use and your use of the IATSE LOCAL 44 websites.
  4. Miscellaneous
    You agree that the laws of the state of New York, without regard to conflicts of laws provisions will govern these Terms of Use and Privacy Policy and any dispute that may arise between you and IATSE LOCAL 44.

These Terms of Use and Privacy Policy, together with any other legal notices published by IATSE LOCAL 44 on the websites, shall constitute the entire agreement between you and the IATSE LOCAL 44 concerning the IATSE LOCAL 44 websites and supersedes prior agreements, if any, between you and the IATSE LOCAL 44 relating to the subject matter hereof. These Terms of Use and Privacy Policy may not be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with IATSE LOCAL 44 websites is in conflict or inconsistent with these Terms of Use and Privacy Policy, these terms shall take precedence. If any part of these Terms of Use and Privacy Policy is held invalid or unenforceable, the remaining portions shall remain in full force and effect. You and the IATSE LOCAL 44 agree that any cause of action arising out of or related to the IATSE LOCAL 44 websites must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Social Media Disclaimer

DISCLAIMER: The purpose of the IATSE LOCAL 44 International-operated Social Media is to provide a platform where members, non-members, and the surrounding community can receive information on matters of interest including the industries we work in, organized labor, and the labor movement in general. However, engagement with IATSE LOCAL 44 International-operated Social Media accounts are not official means of communication with the IATSE LOCAL 44 International.

The IATSE LOCAL 44 is under no obligation to post specific material or information upon request. If you have questions or need information about the IATSE LOCAL 44 and its activities, please formally contact the IATSE LOCAL 44 General Office. This page encourages constructive/positive feedback and discourages inappropriate content, which adds little value and which may be detrimental or disturbing. Accordingly, the ability to comment on this page may be discontinued at any time for any reason or no reason. Comments posted on the IATSE LOCAL 44 Facebook page are not attributable to the IATSE LOCAL 44 and do not reflect the views, opinions, attitudes or beliefs of IATSE LOCAL 44 officers, agents, or employees.

We retain the sole discretion to assess and remove (without notice) inappropriate content, which includes but is not limited to material that:
• Is illegal or promotes, encourages or suggests illegal activity;
• Is threatening, or violent or promotes violence;
• Is obscene, profane, or vulgar;
• Is defamatory or libelous;
• Is bigoted, hateful, insensitive, or intended to embarrass others;
• Abuses or infringes intellectual property rights or appears to do so;
• Includes solicitations, advertising, self-promotion, “trolling,” spam or what appears to be spam;
• Includes confidential internal matters that would be more appropriately discussed in other correspondence or meetings;
• Attacks unions, individuals, companies or affiliated organizations;
• Is issued by a fictitious party, or appears to be issued on behalf of IATSE LOCAL 44 when unauthorized.

Additionally, electioneering by and/or for candidates in union officer elections is not allowed. The IATSE LOCAL 44 Facebook page does not permit campaign material or promotion of candidates for union office at any level.

Those who post inappropriate content to this page may be temporarily or permanently blocked or removed. Those who otherwise fail to comply with these guidelines or who violate the respective social platforms’ terms or policies (by e.g., operating under fictitious accounts) may also be temporarily or permanently banned. We expect that all parties engaging with these accounts will be familiar with and abide by these guidelines.

These guidelines are subject to change without notice.