Effective January 1, 2019
Types Of Information We Collect
We may collect three types of information from users of our Site: “personal information” which is information that can be used to locate, contact, or determine your or your business’s specific identity (such as name, e-mail address, mailing address, phone number, etc.); “aggregate information” which is information about your or your business’s activities on the Site or in connection with the services that cannot be used to identify, locate, or contact you or your business (such as frequency of visits to the Site, data entered when using the Site, Site pages most frequently accessed, browser type, etc.); and “social content information” which is information relating to the performance of social media content that is imported into, added to or scheduled from our Site.
Collecting Your Personal Information
Collecting Your Aggregate Information
Aggregate information is collected as a user visits our Site or interacts with our services even if the user does not enter any information. Generally, aggregate information is used in a collective manner, and no single party can be identified by that compiled information. washdm.com uses aggregate information to provide its services and remuneration, as well as to determine the use of our Site and to monitor, audit and analyze information pertaining to our business metrics.
Collecting Your Social Content Information
Social Content information is collected throughout the Site, including but not limited to the Content Center, Listening and Analytics modules. Ownership of this content is governed by the Site’s Terms of Service (the latest copy of which you can find at any of our contracts). Generally, washdm will not use such social content information except on an anonymous and typically aggregated basis, such that no single user or user’s customer can be identified by that information. washdm.com uses aggregate information to provide its services and to monitor, audit and analyze information pertaining to general business and social metrics.
Sharing, Selling and Trading of Your Personal Information with Third Parties
washdm.com on occasion, may share personal information with third party service providers as we deem necessary for the third party to fulfill their duties, such as fulfilling orders, processing credit card payments, or other functions necessary to our business. These third party service providers are not authorized to retain, share, store or use the personal information for any purposes other than to provide the services for which they have been hired to provide. When personal information is submitted, the user agrees that we may use the personal information to make contact with the party. We do not sell, trade or otherwise share personal information with unrelated third parties for their own marketing purposes, however, we may market certain offers on behalf of third parties.
We use personal, aggregate information and social content information in an effort to improve our users’ experience on the Site and with the services, and to communicate with them about information that they request. We may also use this information to help us target specific services or offers to users, to help us develop and improve the Site and services, and to tailor our Site and services to the users’ interests.
Sharing, Selling and Trading Aggregate Information and Social Content Information Collected Online with Third Parties
We may disclose aggregate information and social content information to third parties. Aggregate Information may be disclosed to third parties for a variety of business reasons, including to advertisers to inform them of the usage habits or characteristics of the interested audience, and to potential investors so that they may better understand our user base, etc. Social content information may be disclosed to third parties and to other users for a variety of reasons, including to give them better insights into general trends and consumer response metrics. Neither aggregate information nor social content information will include any personal information and we will not disclose any personal information except as expressly stated elsewhere in this Policy.
Other Instances When We Share Your Information
In addition to the foregoing, washdm.com may elect to share or transfer your personal information to unrelated third parties: (i) to comply with a legal requirement, judicial proceeding, court order, or legal process served on washdm.com, (ii) to investigate a possible crime, such as fraud or identity theft; (iii) in connection with the sale, purchase, merger, reorganization, liquidation or dissolution of washdm.com; (iv) when we believe it is necessary to protect the rights, property, or safety of washdm.com or other persons, or (v) as otherwise required or permitted by law.
If you do not provide us any of your personal information, we are limited in the information we may collect from you. For example, we may be able to determine your IP address for the purposes of administering the Site and tracking Site usage. However, your IP address may vary each time you visit or it may remain the same depending on the type of Internet connection you are using or the location from which you access the Site. We may also collect information about the websites that directed you to the Site after you clicked on a text or banner link or an ad from another website, or the day and time you visited the Site and how long you spent on the Site. We aggregate such information to help us to compile reports as to trends and other behavior about users visiting our Site; however such information is anonymous and cannot be tied directly to you.
We may also use “cookies” and your personal information to enhance your experience on the Site and with the Services and to provide you with personalized offers. A cookie is a small data file placed on your computer’s hard drive that contains information that allows us to track your activity on the Site. The cookie itself does not contain any personal information; however, if you provide us any personal information the cookie may act as an identifier to tie your personal information to your IP address or computer. You may choose to delete cookies from your computer’s hard drive at anytime or to disable cookies on your computer. If you delete cookies that relate to the Site, we may not be able to identify you upon your return to the Site. Additionally, if you disable your computer’s cookies, you may not be able to access certain features of the Site or services that require that cookies be enabled. The Site’s cookies cannot be used to read data from your hard drive and cannot retrieve information from any other cookies created by other websites. Additionally, our cookies cannot be used as a virus, Trojan horse, worm, or any other malicious tool that could impair your use of your computer. Our cookies are used to help us better understand how you and other users use the Site so we can continue to provide a better, more personalized user experience on the Site. We also share website usage information about our Site with those interested in running targeted promotional campaigns on the Site. For this purpose, we and our advertisers track some of the pages that you visit on the Site through the use of pixel tags (also called clear gifs).
Security Pertaining to Your Information
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.
We restrict access to personal information to washdm.com employees, service providers and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. We use secure socket layer (“SSL”) technology to encrypt and protect the security of your personal information, including but not limited to your credit card number, when it is sent over the Internet. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.
Integrity of Your Data
washdm.com processes personal information only for the purposes for which it was collected and in accordance with this Policy. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.
Children and Privacy
Our Site are not directed to children and we will not request personally identifiable information from anyone who we know to be under the age of 18, unless we have obtained verifiable parental consent from a parent or legal guardian. If we become aware that a user under the age of 13 has registered with our Site, provided personal information, and MeetSOCI.com has not obtained prior verifiable consent from a parent or legal guardian, we will immediately remove the user’s personal information from our files.
Links to Other Websites
In the event that washdm.com sells substantially all of its assets, or one of washdm.com’s business units is acquired, personal information, aggregate information and social content information will likely be one of the transferred assets.
Changes to this Policy
If your name, e-mail or postal address, telephone number or other personal information changes, you may update, correct or omit the relevant information by contacting email@example.com Customer Service at contact firstname.lastname@example.org. If you prefer not to receive newsletters or other marketing e-mails from washdm.com, please let us know by clicking on the unsubscribe link within any newsletter or marketing e-mail you receive. If you prefer not to receive marketing mail via the mail carrier, please let us know by contacting customer service at contact at email@example.com. Please be sure to include in any e-mail your full name, e-mail address, and any message. Please note that such requests may take up to ten (10) days to become effective.
If you have any questions or concerns about this Policy, please feel free to contact us any time at Ricardo@washdm.com.
Terms and Condition
1. FURNISHING MATERIALS, SERVICES, & RELEASES
A. Client: Client shall supply scripts, storyboards, product props, production notes, talent or celebrity talent, creative guidance/supervision, and related clearances, unless otherwise noted in the Addendum A Production Specifications Form or if client decides to not use Washington Digital Medias pre-production services. Producer is not responsible for Editorial/Post Production because an editor will be assigned to the post-production phase. Client will supply track or musical composition(s) and rights clearances unless otherwise specified.
B. Producer: Producer shall deliver the completed project media(s) pursuant to this Agreement and the requirements of Addendum A. Producer shall deliver to Client consents, waivers or releases from all talent and all persons or entities who have rendered services to Producer in connection with the Specified Media(s) to the extent permissible by applicable union or guild agreements. Producer shall supply everything else required for the delivery of the Specified Media(s) unless exceptions are so noted in Addendum A.
2. CHANGES IN SPECIFICATIONS
If at any time, Client desires to make any changes or variations from the completed project, script(s) or storyboard(s) in the Specified Media(s) or from any material or work in progress, and such changes result in additional costs to Producer, including person hours, reimbursement for such additional costs shall be payable in accordance with the terms of this Agreement for final payment. Client will be sent an invoice.
3. RIGHTS TO USAGE OF MEDIA
Unless otherwise specified, Washington Digital Media owns rights to media and rights to use media(s) which are the subject of this Agreement, including all copyrights therein as well as in and to all the exposed negatives, positives, out-takes and clips.
Producer understands that some information for said media(s) may be of a confidential and/or sensitive nature. Producer agrees, at Client’s written request, to require, within reason, those engaged for the production to sign appropriate agreements not to discuss or disclose information about the product or the Specified Media(s) except as such disclosure may be necessary for Producer to produce media(s) in the usual and customary manner under this Agreement.
5. INDEPENDENT CONTRACTOR
It is understood that Producer’s status under this Agreement is that of an independent contractor and that all persons engaged by Producer in performing its obligations shall not be deemed employees of Client.
6. PRODUCER WARRANTIES
Producer represents and warrants: A. That Producer has full right to enter into this Agreement and to perform its obligations here under and will comply with all applicable Federal, State and Local Laws, ordinances and regulations and with all applicable union agreements to which Producer is a signatory.
B. That Producer will use reasonable efforts to obtain all licenses, consents and rights necessary and incident to the performance, reproduction and exhibition of the Specified Media(s) with respect to materials, elements and services provided by Producer.
7. CLIENT WARRANTIES
Contracting Client represents and warrants:
A. Client shall pay Producer within 10 days of deliverables noted in Paragraph 1 of this Agreement. All talent contracting forms and the filing thereof with various union offices, in connection with such talent, is the direct responsibility of the Client unless otherwise specified.
8. DELIVERY OF MATERIALS
Delivery of the Specified Media(s) shall mean delivery of the referenced media(s) in paragraph 1 by Producer to Client.
A. Client understands that the specified terms of payment under this Agreement are based upon timely cash, check, or online payments within 10 days of deliverables unless payment due date is stated otherwise. If Client chooses to defer paying any amount beyond the date on which it is due, Client may be charged at the Producer’s discretion, as additional consideration, an amount equal up to 5% (as charged by WDM’s bank from time to time) on unpaid amounts until paid, compounded monthly.
B. Totals over the cost of $10,000.00 are eligible for monthly payments available in three, six, nine, and twelve months. Client understands and agrees to pay the increased cost (total+interest), at which cost is determined by clients selection of desired length term of payments. (e.g. 1% of 10,000 = 100 (3months) = 10,300)
Client agrees to indemnify, defend, and hold harmless Producer and its officers, employees, agents and licensees from and against any and all claims, actions, damages, liabilities and expenses, arising out of the breach of any obligation, warranty or representation in this Agreement. Client shall indemnify Producer against all claims and expenses arising from uses for which the client does not have rights to or authority to use. The client will be responsible for payment of any special licensing or royalty fees resulting from the unauthorized use of graphics, music, video, film, photography, design, animation, and branded content.
11. TAX LIABILITY
Any sales tax, use tax, or other tax payable on production and delivery of Specified Media(s) to Client(s) (other than sales tax arising from Producer’s purchases of materials or supplies in connection with the production) shall be the responsibility of Client who shall pay, defend and hold harmless Producer from payment of any such taxes.
This Agreement may not be assigned by either party without the written consent of the other.
Any alterations of original art (color shift, mirroring, flopping and paste) creating additional art is prohibited without the express permission of Producer. Producer will be given first opportunity to make any alterations required. Unauthorized alterations shall constitute an additional use and client will be asked take it down.
14. CONTINGENCY AND WEATHER DAYS
A. A contingency day is any day where a scheduled media/film shooting has been prevented from occurring due to circumstances beyond the control of Washington Digital Media.
B. These circumstances may include but should not be limited to:
(1) Weather conditions (rain, fog, sleet, hail, or any adverse condition that is not consistent with the prescribed shooting conditions desired by the Client). (2) Injury, illness, or absence of client-supplied elements (e.g. key talent, color correct products).
(3) “Force majeure” (meaning but not limited to, earthquake, riot, fire, flood, volcanic eruption, acts of war, strikes, labor unrests, civil authority, terrorism, and acts of God).
C. Washington Digital Media agrees that there will be no contingency day liabilities or charges for postponement due to weather conditions or other force majeure.
15. CANCELLATION AND POSTPONEMENT
Postponement is defined as a rescheduling of the production to a later specified date caused or directed by Client. Cancellation is defined as total cancellation of the project.
If Washington Digital Media hires key staff, rents all necessary equipment and blocks out a specific period of time within the agreement that it represents a firm commitment from the Client, then Washington Digital Media makes no further efforts to sell the time, return equipment, or rebook key staff. If the job is canceled or postponed within the guideline time frame, it is unlikely that this time can be re-booked, key staff cannot re-booked, and rented equipment cannot be refunded.. It should be understood that this time represents Washington Digital Media’s cost of operation and only source of income.
A. Maximum charge for postponement of job to a later date caused or directed by Client is $1,000 per postponement and will not exceed that amount.
B. If notice of cancellation is given within the project timeline that is between the start date and the final delivery date, the Client will be liable to Washington Digital Media for the cost of the job from the date of cancellation to the start of the project.
16. PUBLICITY GUIDELINES
Unless stated in the agreement, Washington Digital Media and Director each have a irrevocable license to use finished media(s) for promotional purposes.
17. DISPUTE RESOLUTION
The prevailing party in any legal action shall be entitled to attorney’s fees and costs in connection with the legal proceedings.
18. ENTIRE AGREEMENT AND MODIFICATION
This Agreement and any Addenda attached hereto shall constitute the entire agreement between Producer and Client. Any amendment thereto must be in writing and signed by each party.
The captions are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of this Agreement or of any provision hereof.
20. NO WAIVER
Failure of any party to this Agreement to exercise any rights shall not constitute a waiver of those rights.
If one or more of the provisions of this Agreement shall be held unenforceable, it shall not affect the enforceability of the other provisions.
22. EQUAL OPPORTUNITY
In connection with its performance here under, Producer agrees not to discriminate against any employee or applicant because of race, religion, sexual orientation, color, sex, national origin, age, disability, or any other factor protected by federal, state or local law.
23. APPLICABLE LAW
This Agreement shall be interpreted and governed by the local laws of the jurisdiction where Washington Digital Media office authorizing this Agreement is located as set forth on Page 1 of any Agreement and/or contract.