FAIR USE

§ 107 · Limitations on exclusive rights: Fair use 40

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords

or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use),

scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to

be considered shall include—

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

 

SOURCE: http://www.copyright.gov/title17/92chap1.pdf#Section106

 

PARODY

A parody is a work that ridicules another, usually well-known work, by imitating it in a comic way. Judges understand that, by its nature, parody demands some taking from the original work being parodied. Unlike other forms of fair use, a fairly extensive use of the original work is permitted in a parody in order to “conjure up” the original.

SOURCE: http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/

 

HOW WE COLLECT AND USE INFORMATION

Information you provide us directly:

We ask for certain information such as your name, birthdate, address, phone number and e-mail address for business transactions, or just your name and email address if you correspond with us. We may also retain any messages you send through the site and may collect information you provide in User Content you post to the site. We use this information to operate, maintain, and provide to you the features and functionality of the site. Your username and if you choose to disclose it, your real name, will be published publicly. Once published your username and / or real name may not be able to be removed.


Information we may receive from third parties:

We may receive information about you from third parties. For example, if you access our websites or site through a third-party connection or log-in, for example, through Facebook, by “following,” “liking,” or linking your account to the site, etc., that third party may pass certain information about your use of its service to us. This information could include, but is not limited to, the user ID associated with your account (for example, your Facebook UID), an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that service. If you allow us access to your friends list, your friends’ user IDs, and your connection to those friends, may be used and stored to make your experience more social, and to allow you to invite your friends to use our site as well as provide you with updates if and when your friends join. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the stie. You may also unlink your third party account from the site by adjusting your settings on the third party service.


Analytics information

We may directly collect analytics data, or use third-party analytics tools and services, to help us measure traffic and usage trends.  We collect and use this analytics information in aggregate form such that it cannot reasonably be manipulated to identify any particular individual user.


Cookies information

When you visit the site, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the site (e.g., the pages you view, the links you click and other actions you take on the site), and allow us or our business partners to track your usage of the site over time. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the site may not function properly if the ability to accept cookies is disabled. 


Log file information

Log file information is automatically reported by your browser or mobile device each time you access the site. When you visit our site, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the site, domain names, landing pages, pages viewed, and other such information.


Device identifiers

When you access the site by or through a mobile device (including but not limited to smart-phones or tablets), we may access, collect, monitor and/or remotely store one or more “device identifiers,” such as a universally unique identifier (“UUID”). Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by us. A device identifier may convey information to us about how you browse and use the site. A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the site. Some features of the site may not function properly if use or availability of device identifiers are impaired or disabled.


Location data

When you access the site by or through a mobile device, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey to us information about how you browse and use the site. Some features of the site, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.


Commercial and marketing communications

We use the information we collect or receive, such as your email address, to communicate directly with you. We may send you emails containing notices, newsletters, promotions, and special offers. If you wish to not receive such email messages, contact shogun@digitalninja.us. We also use your information to send you site-related emails (e.g., account verification, purchase and billing confirmations, and reminders, changes/updates to features of the site, technical and security notices). You may not opt out of site-related emails. 


Use of certain site-type information we collect about you

We use or may use cookies, log file, device identifiers, location data and clear gifs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information; (c) to provide and monitor the effectiveness of our site; (d) monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns; (e) diagnose or fix technology problems; (f) help you efficiently access your information after you sign in; (g) to provide advertising to your browser or device, and (h) automatically update the site on your mobile devices.


Sharing of Your Information

We will not rent or sell your information into third parties outside the site and its group companies (including any parent, subsidiaries and affiliates) without your consent, except as noted below:

  1. Who we may share your information with: We may share your information with third-party business partners and Trusted Users for the purpose of providing the site to you. Third party business partners will be given limited access to your information as is reasonably necessary to deliver the site, and we will require that such third parties comply with this Privacy Policy, or operate under a similar privacy policy.
  2. Who can see User Content: Any User Content that you voluntarily disclose for posting to the sitee becomes available to the public and cannot be removed, except by us in sole discretion. Once posted on the site, User Content may not be removable from public view, as copies may remain viewable in cached and archived pages of the site (such as thewaybackmachine.org), on other sites that have republished us, or if other Users have copied or saved that information. If you do not wish your User Content to be available to the public, please don’t post it. Your username and if you choose to disclose it, your real name, will be published publicly. Once published your username and / or real name may not be able to be removed.
  3. Who can see your IP address: If you post User Content on the site while not logged in, your IP address will be published with your User Content in order to attribute your contribution to the site. A selection of Trusted Users with administrative powers on the site have the ability to review IP addresses of users to reduce abusive behavior. Any third party service embedded on the site such as an advertiser, video provider, social network or other third party will also have access to your IP address.
  4. Who can see your email address: If you enter an email address, you will enable communication from us. 

What happens in the event of a company sale or change of control

We may buy or sell/divest/transfer the company (including any shares in the company), or any combination of its products, services, assets and/or businesses. Your information such as customer names and email addresses, User Content and other user information related to the site may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company.


Instances where we are required to share your information

We will disclose your information where required to do so by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Use or to protect the security, quality or integrity of our site; and/or (c) to exercise or protect the rights, property, or personal safety of the site our Users, or others. Note: We will also fight to protect your information at all reasonable costs!


Sharing certain site information we collect about you

We may share certain site information, including information obtained through tools such as cookies, log files, device identifiers, location data and other data (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.): (i) with our third-party business partners for the purposes described in the section above on “How We Collect and Use Information.” We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized data with third parties.


Ads on the site

We may also share certain information such as your location, browser, and cookie data and other data relating to your use of our site with our business partners to deliver advertisements (“ads”) that may be of interest to you. We may allow third-party ad servers or ad networks to serve advertisements on the site. These third-party ad servers or ad networks use technology to send, directly to your browser or mobile device, the ads and ad links that appear on the site, and will automatically receive your IP address when they do so. They may also use other technologies (such as cookies, JavaScript, device identifiers, location data, and clear gifs, see above) to compile information about your browser’s or device’s visits and usage patterns on the site and on other websites, and to measure the effectiveness of their ads and to personalize the advertising content delivered to you.  Please note that an advertiser may ask us to show an ad to a certain audience of Users (e.g., based on demographics or other interests). In that situation, we and/or our Partners determines the target audience and we serve the advertising to that audience and only provides anonymous data to the advertiser. If you respond to such an ad, the advertiser or ad server may conclude that you fit the description of the audience they are trying to reach. To enhance your user experience or help us improve and measure our effectiveness, we may embed code from third parties on the site. Examples of such parties may include Facebook, Instagram, Twitter, LinkedIn, Tumblr, Pinterest, and Google and others. These third parties may collect information about you including IP address, cookies in ways we do not control.


Storage and Processing

Your information collected through the site may be stored and processed in the United States or any other country in which we or its subsidiaries, affiliates, or service providers maintain facilities. We may transfer information that we collect about you, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which we or parent, subsidiaries, affiliates, or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.


Keeping your information safe

We care about the security of your information, and use reasonable safeguards to preserve the integrity and security of all information collected through the site. However, we cannot ensure or warrant the security of any information you transmit to us or guarantee that information on the site may not be accessed, disclosed, altered, or destroyed. Your privacy settings may also be affected by changes to the functionality of third party sites and services, such as social networks. We are not responsible for the functionality or security measures of any third party.


Compromise of information

In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.


Your Choices about Your Information

We make every effort to promptly process all unsubscribe requests. As noted above, you may not opt out of site-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the site, technical and security notices). If you have any questions about reviewing or modifying account information, you can contact us directly shogun@digitalninja.us


Opting out of collection of your information for Tracking / Advertising

Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms on your mobile device. Note that disabling cookies and/or other tracking tools prevents us or its business partners from tracking your browser’s activities in relation to the site, and for use in targeted advertising activities by third parties. However, doing so may disable many of the features available through the site.


How long we keep your private profile information

Following termination of your User account, we may retain your private profile information for a commercially reasonable time for backup, archival, or audit purposes. For the avoidance of doubt, any information you choose to make public on the site may not be removable.


Children’s Privacy

We do not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register. The site and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at shogun@digitalninja.us.


Links to Other Websites and Services

We are not responsible for the practices employed by websites or services linked to or from the service, including the information or content contained therein. Please remember when you use a link to go from the site to another website, our Privacy Policy does not apply to third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link or advertisement on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible and we do not control over any third-parties that you authorize to access your User Content. If you are using a third-party website or service (like Facebook, Instagram, Twitter, LinkedIn, Tumblr, Pinterest, and Google) and you allow such a third-party access to you User Content, you do so at your own risk. 

 

SITE PRIVACY

Any person and/or institution and/or Agent and/or Agency of any governmental, public or private structure including, but not limited to the United States Federal Government or any foreign government also using or monitoring/using this website or any of its associated websites, you do NOT have permission to utilize any identifiable information nor any of the content contained herein including, but not limited to, personal content, photos, videos, media, and/ or the comments made about media, photos, or any other content posted on this site. You are hereby notified you are strictly prohibited from disclosing, copying, distributing, disseminating, or taking any other action against with regard to this online presence and the contents herein. The foregoing prohibitions also apply to employee(s), agent(s), student(s), or any personnel under your direction or control. The contents of this online presence are legally privileged and any confidential information acquired constitutes a violation of personal privacy that is protected and punishable by law.