§ 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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
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.
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.
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.
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.
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.
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 firstname.lastname@example.org. 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
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:
- 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.
- 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.
- 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
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
Storage and Processing
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 email@example.com
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.
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 firstname.lastname@example.org.
Links to Other Websites and Services
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.