Digital Millennium Copyright Act (“DMCA”)
Next Best Picture respects the intellectual property rights of others. Per the DMCA, Next Best Picture will respond expeditiously to claims of copyright infringement on the Site if submitted to Next Best Picture’s Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, Next Best Picture will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.
If you believe that your intellectual property rights have been violated by Next Best Picture or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:
1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the Site;
3. An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not Next Best Picture, can contact you;
4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
6. Your electronic or physical signature.
Next Best Picture may request additional information before removing any allegedly infringing material. In the event Next Best Picture removes the allegedly infringing materials, Next Best Picture will immediately notify the person responsible for posting such materials that Next Best Picture removed or disabled access to the materials. Next Best Picture may also provide the responsible person with your email address so that the person may respond to your allegations.
Pursuant to 17 USC 12, §512(c)(3)(A), Elements of Notification, valid DMCA notifications should be sent directly to Matt Neglia, Owner of Next Best Picture.
This Policy will be posted on and/or accessible from the Site, and will also be accessible from within any other website, mobile application or software platform that the Company owns and operates and that collects and uses information in the manner described herein. PLEASE BE AWARE THAT THE COMPANY WORKS WITH, AND IN MANY CASES RELIES UPON, THIRD-PARTY PROVIDERS, MANY OF WHOM PROVIDE TECHNOLOGY THAT SUPPORTS THE COMPANY’S SERVICES, OR PROVIDE ADVERTISING AND OTHER CONTENT USING THE COMPANY’S SERVICES. THESE THIRD PARTIES OPERATE THEIR OWN WEBSITES AND APPLICATIONS, AND THESE THIRD PARTIES WILL HAVE THEIR OWN PRIVACY PRACTICES AND POLICIES, WHICH MAY DIFFER MATERIALLY FROM THE COMPANY’S POLICIES AND PRACTICES. IN ADDITION, THE COMPANY MAY FROM TIME TO TIME OFFER APPLICATIONS, PLATFORMS OR OTHER SOFTWARE PRODUCTS WITH INFORMATION COLLECTION PRACTICES THAT DIFFER FROM THE PRACTICES DESCRIBED IN THIS POLICY, AND THESE OTHER PRODUCTS OR SERVICES WILL HAVE THEIR OWN PRIVACY POLICIES. ANY TIME THE SITE OR OUR OTHER SERVICES REFER OR LINK YOU TO WEBSITES OPERATED BY THIRD PARTIES OR TO COMPANY PRODUCTS WITH DIFFERENT PRIVACY POLICIES, OR PROVIDE YOU WITH URLS OR OTHER INFORMATION SO THAT YOU CAN ACCESS THIRD-PARTY WEBSITES OR SUCH COMPANY PRODUCTS, IT WILL BE YOUR RESPONSIBILITY TO READ AND CONFIRM YOUR AGREEMENT WITH THE PRIVACY POLICIES AND PRACTICES OF ANY AND ALL SUCH WEBSITES, PRODUCTS, APPLICATIONS AND SOFTWARE, WHETHER YOU ACCESS THEM USING THE SERVICES OR FROM OUTSIDE THE SERVICES BASED ON INFORMATION YOU MAY HAVE OBTAINED FROM THE SERVICES. THE COMPANY WILL HAVE NO LIABILITY FOR ANY THIRD-PARTY PRIVACY COLLECTION PRACTICES OR POLICIES, WHETHER OR NOT KNOWN TO THE COMPANY, AND WHETHER OR NOT ACCURATELY DISCLOSED BY THOSE THIRD PARTIES.
Notice Concerning Children
PLEASE NOTE: Our Site and Services are intended for a general audience. We operate a business that is targeted at adult customers and users only, and we do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a user of any Site or Services is under age 13, we will promptly delete any personal information that might be stored about that user.
Notice Regarding International Users
Our Site and Services are hosted in, and are directed at users from, the United States. Information we maintain may be stored both within and outside of the United States. If you live outside of the United States, you understand and agree that we may transfer your information to the United States. The Company and its Services are subject to U.S. laws, which may not afford the same level of protection as the laws of other countries (which may include the laws of your country if you are outside the United States).
Third Party Ad Servers
We allow third-party companies to serve ads and/or collect certain anonymous information when you visit our website. These companies may use non-personally identifiable information (e.g., clickstream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Websites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit http://www.networkadvertising.org.
Some of the advertisements and other items of content that appear on the Site are delivered to you by Internet advertising companies. These companies utilize certain technologies (including cookies, which are described in more detail below) to deliver advertisements and marketing messages and to collect anonymous information about your visit to the Site and other web site. If you would like more information about this practice or to opt out of having this information used by companies that are part of the Network Advertising Initiative to provide targeted ads, please visit http://optout.aboutads.info/#!/. https://www.youronlinechoices.com or http://youronlinechoices.eu/, DAA Consumer Opt-Out Page, NAI Consumer Opt-Out Page and Google’s information page.
You can also disable cookies via the settings of your browser:
Collection and Use of Information
Personal Information. As used in this Policy, “Personal Information” refers to information that can be used, directly or indirectly, alone or together with other information, to identify a specific individual. A user’s Personal Information includes (without limitation) his or her name, address, telephone number, and email address. Personal Information may also include information about activities or activity level, achievements or other usage statistics or accomplishments, and information about a user’s location, to the extent that the user elects to share any of that information with us, or to provide us with access to any of that information that may be stored on or otherwise available from his or her computer, phone or other device from which he or she accesses or communicates with a Site or any of the Services.
In operating the Site and the Services, our practice is to collect limited personal information from our users, and only where and to the extent necessary, so that we can deliver to our users the Site as well as any Services they are interested in using. From time to time, users of the Site may be given the opportunity to enter or participate in sweepstakes or contests that are promoted from one or more of the Site, and we may collect Personal Information in connection with those sweepstakes or contests, and then share Personal Information with third parties who are administering those sweepstakes or contests. You should not enter any sweepstakes or contest without first reading the rules applicable to that sweepstake or content to ensure that you understand and agree with how we and/or our business partners may use any Personal Information that you provide. You always have the option not to provide us with any Personal Information, or to limit the Personal Information that you provide us or allow us to access, but you understand that any such restriction or limitation may affect your ability to take advantage of the Site and all of the Services that we offer.
If you do elect to provide Personal Information to us, the Personal Information we collect and store will be used for one or more of the purposes specified below:
• Email Subscriptions and Surveys. The Site may offer you the option to receive news, updates and promotional information by email, and if you want to be on any such mailing list and receive informational and promotional emails or other regular informational communications from us, you will need to give us an email address to which we can send those communications. From time to time we may ask you to participate in optional surveys, which may ask for other personal information such as your age, gender, occupation or location, but you will always have the option not to provide us with that information.
• Anonymous Information. “Anonymous Information” is any information or data that is anonymous, aggregated, de-identified, or that otherwise does not reveal your identity. We may collect and use Anonymous Information about our users in any of the following ways:
• Automatic Collection and Analytics: Our servers can automatically recognize visitors’ domain names and IP addresses and may also identify a user’s computer/mobile device type and connection information, as well as information about browser type and browser settings and (where possible) geographic location. We also may use Google analytics to track user traffic to our website. No Personal Information about you is revealed in this data collection and tracking process. We may also use clear gifs (also known as web beacons) and other methods to gather anonymous “traffic data” that does not personally identify you, but that may be helpful for marketing purposes or for improving our Site or other Services we offer. Clear gifs may also be used in email messages that we send, so that we can track whether recipients have opened those messages.
• Cookies. From time to time, we may use the standard “cookies” feature of major browser applications that allows us to store a small piece of data on your computer about your visit to a Site. We do not set any Personal Information or personally identifiable information in cookies, nor do we employ any data capture mechanisms on the Site or in the Services other than cookies. Cookies can help us learn which areas of the Site and which of the Services are useful and which Site areas or Services need improvement. You can choose whether to accept cookies by changing the settings on your browser and/or in your computing device. However, if you choose to disable this function, your experience at the Site or with the Services may be diminished and some features may not work as they were intended. Promotions or advertisements displayed via the Site or the Services may also contain cookies, and we do not have access to or control over information collected by outside advertisers when you click on any such promotions or advertisements.
• Security and Bug Tracking. We expect the Site and Services to include features that will help us track down bugs and crashes; some of these features will include reports that are generated by our users’ devices, and these reports include information about device type, capabilities, and other software running at the time of the crash. You will have the option whether or not to provide this information to us, and it will always be provided to us anonymously. This information will never include Personal Information and never be identifiable by use, and we will use this information for our development, debugging and other quality improvement efforts.
Additional Use and Disclosure of Personal Information
In addition to the uses and disclosures described above, we may disclose Personal Information if we determine that we are required to do so:
• To comply with applicable laws, or with legal process served on us;
• To protect or defend our rights or the rights of any of our users or business partners;
• To protect anyone’s rights, property or safety (including our own).
In addition, in order to accommodate changes in our business, we may sell our company or portions of the Company or sell or buy portions of other companies or assets, including information we collect through the Site and the Services. If the Company or its assets should ever be acquired a third party, then we expect that our database of user information (including any Personal Information contained therein) would be one of the assets sold in such a transaction, and we would ask that the buyer notify you of any changes to this Policy after the sale closes.
Security of Your Information
We have a variety of security measures in place to maintain the safety of your Personal Information. Any Personal Information you provide will be securely stored and accessible only by our employees and agents who have a need to access that information, who are aware of and required to maintain the confidential nature of that information.
Changes to Your Stored Information
You can notify us at any time that you want to terminate your account with us, or terminate our storage of your Personal Information, and upon receipt of that notice, we will remove all information about you from our database, at which point you will no longer receive email notices and updates from us. Please note that, due to email production schedules and lead times, your account may not be disabled immediately, and you may receive emails that were already in production or scheduled for delivery at the time that you made changes to your email subscriptions or other information. In addition, we will retain information provided to us in connection with any purchase made using the Site or the Services in order to complete and deliver the purchase, and for our record keeping purposes.
We understand that some users may have enabled a “do not track” feature in their web browsers; however, consistent with and to the maximum extent permitted by applicable law, we currently do not honor any “do not track” requests sent from a web browser.
Any time you have any questions about this Policy, or about our privacy practices in general, please email us and we will get back to you as quickly as possible.
If you wish to exercise any of your rights in relation to your personal information please contact us.
By using our Site, our Services and the content and features that we offer, you are providing us with your consent to this Policy, and if at any time you are not in agreement with this Policy, you must immediately end your use of the Site and our other Services and of any content or features we offer.