The FilmCatcher Company ("FilmCatcher") appreciates your interest in its products and your visit to its Internet site, filmcatcher.com (the "Site"). Your privacy is important to us and we want you to feel comfortable visiting our Site. Protecting your privacy in the processing of your personal data is an important concern to which we pay special attention. Therefore, this online privacy statement tells you about the information FilmCatcher collects through the services available on our Site, how we use that information, and how you can opt out of certain uses of information we may collect.

By using our services and accessing our Site, you are consenting to the information collection and use practices described in this online privacy statement, as modified from time to time by us. If we decide to change this online privacy statement, we will post a new online privacy statement on our Site and change the date at the top of the online privacy statement. Therefore, we encourage you to check the date of our online privacy statement whenever you visit this Site for any updates or changes. Our Site may include, however, links to other websites which are not covered by this online privacy statement. These sites have their own privacy and information security policies and terms and conditions. Please review the privacy policy and terms and conditions sections of such websites for additional details.

Information We Collect

We collect several types of information on our Site. Personal information is information that identifies an individual or is directly associated with a specific person, such as a customer's name, mailing address, telephone number, email address, credit card number, or information about activities which can be directly linked to that person, such as his or her purchases ("Personal Information"). Our definition of Personal Information does not include "aggregate" information. Aggregate information is data about use of our Site, such as pages visited on our Site. Aggregate information helps us understand trends and customer needs so that we can better consider new products and services, and tailor existing products and services to customer desires.

We may also collect "Non-personal Information", which is information about you that does not itself identify you individually. Examples of Non-personal Information include age range and gender.

Collection of Personal Information

When you use certain parts of our Site, we collect certain kinds of Personal Information:

FilmCatcher Account Setup: To set up an FilmCatcher Account, we require visitors to provide a valid email address, as well as create a unique Username and Password. In addition, this area allows you to receive personalized FilmCatcher news and information via email. When you register for FilmCatcher, we may collect various kinds of Personal Information including your name, email address, home address, and home phone number. We also collect and store access information related to your account, including Username and Password.

Customer Service Correspondence:We may collect information that identifies you personally when you submit comments, questions, or suggestions to our Customer Service department.

Transactions:We collect Personal Information to fulfill an order you place on our Site for FilmCatcher-branded items. Such information would include name and address, credit card number and expiration date, and billing address.

Use of Personal Information

Except as disclosed in this statement, we do not sell or disclose information that identifies our visitors personally or makes it possible for other parties to contact them directly without our visitors' consent. We may use, sell, disclose, or otherwise dispose of Personal Information we collect in the following circumstances:

Purchase Inquiry: We use the information you provide about yourself during Purchase Inquiry to contact you regarding your inquiry. We do not share this information with parties other than the FilmCatcher Dealer you have specified during your inquiry.

Transaction Processing: We may use your Personal Information to create a convenient and easy-to-use shopping process that includes an online "shopping cart" that allows you to track selected products and proceed through purchase. We use the information you provide about yourself when placing an order to complete that order. Also, we may share transactional information with entities as is necessary to process credit card payments or other purchasing or delivery systems. We may use your email address to communicate with you or notify you of special offers or programs you might find of interest.

Response to Inquiries: We use return email addresses to answer the email inquiries we receive. We may also use these email addresses to provide order status and order tracking information, and to respond to queries.

Gift Certificates: We may offer gift certificates by which you can personalize a product you order for another person. Information you provide to us to create a gift certificate is only used for that purpose, and it is only disclosed to the person receiving the gift.

Companies that work for or with FilmCatcher: Companies may assist us in fulfilling your requests or processing your transactions. In addition, we may share Personal Information with companies that work for us to provide marketing and other services. We enter into contractual agreements with these companies prohibiting them from disclosing or using our customer information other than to carry out the purposes for which the information was disclosed. These companies are in no way authorized to sell, rent, or trade your Personal Information. While there are such contractual obligations in place, we cannot and do not guarantee that a third party will not breach its contractual obligation and use your Personal Information in a way contrary to this online privacy statement.

Legal Requirements: We may disclose Personal Information: (a) to conform with the law, respond to claims, or comply with legal process served on FilmCatcher (e.g., a lawful subpoena, warrant, or court order); (b) to enforce or apply our policies or agreements (including to initiate, render, bill, and collect for amounts owed to us); (c) to protect and defend our or our visitor's rights or property, the Site, our employees, visitors, or the public; or (d) if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.

Use of Non-Personal and Aggregate Information

We may use non-personal and aggregate information to better design our Site and share with our marketing and advertising agencies.

How You Can Access and Update Your Information

You may update, review, or correct your Personal Information at any time online by accessing your password-protected registration page via the "My Account" section of our Site.

Freedom of Choice

If you would like your Personal Information to not be made available to any third party, please contact us at info@filmcatcher.com so we can block your data accordingly. Note, however, that certain services and/or functions of our Site may not be available if you elect to block your Personal Information. Further, if, in connection with your use of a particular service, we ask to use your Personal Information in a way not described in this online privacy statement and you do not wish to permit that use, you can choose not to use that particular service. Otherwise, your use of such service will be your consent to the use of your Personal Information in the way described.

Email Communication

You will only receive email from FilmCatcher if you have requested to be on our mailing list. If you are currently on our list and would prefer not to receive further information from us, click here. To sign up for news, updates, and information from FilmCatcher via email, click here.

Children's Online Privacy Protection Act (COPPA)

Our Site is a general audience site that is not designed nor intended to collect Personal Information from children under the age of 18. FilmCatcher does not knowingly collect or maintain any Personal Information from children under the age of 18. In addition, no part of this Site is designed with the purpose of attracting any person under age 18. To respect the privacy of children and to comply with the Children's Online Privacy Protection Act, children under the age of 18 should not provide any Personal Information on this Site. We ask that parents supervise their children while online.

Cookies

We use cookies to enable FilmCatcher to automate access and data entry functions of our Site and track use of the Site to determine those areas which are useful or popular and those that are not, thereby enabling us to improve and update the Site effectively. Once a visitor has registered on our Site, FilmCatcher may elect to use cookies to track a specific visitor. We use this information to enhance the visitor experience during future visits to our Site. We might also collect information on the browser type including plug-in versions, for example Flash or QuickTime. Another example of information we might capture is the URL where a visitor is entering or exiting our Site.

Use of Cookies

A cookie is a small text file that the browser sends to the web server with each page request. A cookie can be saved on a visitor's hard drive as a small text file or it can be restricted to the computer's memory where it is removed once the browser is closed. Only the cookies that are associated with a specific URL are sent to the web server; cookies that are sent from one web server are never sent to another web server. FilmCatcher uses cookies to identify specific machines in order to gather aggregate data on how visitors are utilizing our Site. In some cases cookies might be used to identify a specific visitor.

Disabling Cookies

You may adjust your Web browser to either alert you of the use of cookies or refuse to accept cookies. For Internet Explorer or AOL users, you can click on the Start button and then select Control Panel, Internet Options, and the Security tab. If you click on the Custom button, you will be able to see the cookie options. For Netscape users, in the browser, select File, Preferences, and then Advanced to view the cookie options. Be aware that if you elect not to accept cookies, the Site may not function properly or may not permit access.

Pixel Tags

We may use Pixel Tags on our Site and may permit third parties to place them on our Site to monitor the effectiveness of advertising or for other legitimate purposes. A Pixel Tag, also known as a "Web bug," is a small, graphic image on a Web page, Web-based document, or in an email message that is designed to allow the site owner or a third party to monitor who is visiting a site. Web beacons are often invisible to the visitor because they are typically very small (only 1-by-1 pixel) and the same color as the background of the Web page, document, or email message. Web beacons are represented as HTML IMG tags in the Web page; visitors can click on "view profiles" of the web page to see whether the page is using a web beacon.

Web beacons collect the IP address of the computer that the Web beacon is sent to, the URL of the page the Web beacon comes from, and the time it was viewed. Web beacons can also be linked to Personal Information. For example, advertising networks use Web beacons to add information to a personal profile of what sites a person is visiting and to determine what banner ads to display based on the profile. Another use of Web beacons is to provide an independent accounting of how many people have visited a particular website. Web beacons are also used to gather statistics about Web browser usage at different places on the Internet.

IP Address and Click-Stream Data Collection

FilmCatcher may collect IP addresses and/or click-stream data for market research, for purposes of system administration and to report aggregate information. An IP address is a number that is automatically assigned to your computer whenever you access the Internet. Our servers identify your computer by its IP address. When you request web pages from our Site, our servers log your IP address.

Click-stream data is information collected by our servers when you request pages from our Site. Click-stream data may include such information as the page served, the time, the source of the request, the type of browser making the request, the preceding page view, and other such Non-Personal Information. When analyzed, this data helps us analyze how visitors arrive at our Site, what type of content is most popular, what type of visitors in the aggregate are interested in particular kinds of content, and the like.

Security

FilmCatcher uses commercially reasonable efforts to store and maintain Personal Information to protect it from loss, misuse, alteration, or destruction by any unauthorized party. We encrypt order information, including credit card numbers, using Secure Sockets Layer (SSL) technology to ensure that our customers' information is safe as it is sent over the Internet to our server.

We exercise reasonable care to protect your Personal Information. This includes storing the Personal Information on our servers behind a secure firewall and ensuring all transmissions to other vendors use secure encryption technology. Unfortunately, no data transmission over the Internet can be guaranteed to be 100 percent secure. So while we strive to protect your Personal Information, we cannot guarantee the security of any information you transmit to us or receive from us. This is especially true for information you transmit to us via email. We have no way of protecting that information until it reaches us. Once we receive your transmission, we maintain physical, electronic, and procedural safeguards to protect your Personal Information.

When registering for access to a secure area of our Site, we will ask you to select a Username and Password. We recommend that you do not divulge your Password to anyone. We will never ask you for your Password in an unsolicited phone call or in an unsolicited email. Also, remember to sign out of the registered area of our Site and close your browser window when you have finished.

Internally, we will limit access to Personal Information to those persons who need the information to provide products and services to you or maintain or service those products or services. These persons are limited in number and are committed to our privacy and security policies. We will review our security arrangements from time to time, as we deem appropriate.

Links to Other Sites

Please be aware that we provide links to third-party sites as a service to our visitors, and that we are not responsible for the content or information collection practices of those sites. Please note that these sites' privacy policies may differ from those of FilmCatcher. We encourage you to review and understand their privacy practices before providing them with information.

Privacy Statement Revisions

A revised online privacy statement will only apply to data collected subsequent to its effective date on this version of our Site. Any revisions will be posted at least seven days prior to its effective date.

1. Acceptance of Terms
FilmCatcher provides a collection of online resources, including retail product and various email services, (referred to hereafter as "the Service") subject to the following Terms of Use ("Terms"), which may be updated by FilmCatcher from time to time without notice to you.

By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular FilmCatcher services, you shall be subject to any posted guidelines applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms.

2. Content
You understand that all postings, messages, text, files, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that FilmCatcher does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will FilmCatcher be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.

You acknowledge that FilmCatcher does not pre-screen or approve Content, but that FilmCatcher shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.

You acknowledge and agree that FilmCatcher may, in its sole discretion, preserve or disclose Content, as well as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of FilmCatcher, its users or the general public.

Although FilmCatcher does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to FilmCatcher an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses of the foregoing. Additionally, you will defend and indemnify FilmCatcher from any third-party claim related to a breach of any of the foregoing representations and warranties.

Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. You agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service.

3. Conduct
You agree not to post, email, or otherwise make available Content:

• that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way;
• that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• that impersonates any person or entity, including, but not limited to, a FilmCatcher employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
• that includes personal or identifying information about another person without that person's explicit consent.
• that is deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
• that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
• that constitutes or contains unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
• that includes links to commercial services or web sites, except as allowed in "small business ads".
• that advertises for sale weapons or explosives; illegal drugs; stolen or counterfeit items; goods or services that do not in fact exist; items that violate or infringe the rights of others; any items you do not have the right to sell.
• that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service;
• that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service;

Additionally, you agree not to:

• contact anyone who has asked not to be contacted.
• "stalk" or otherwise harass anyone
• collect personal data about other users for commercial or unlawful purposes.
• use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org).

4. Limitations on service
You acknowledge that FilmCatcher may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that FilmCatcher has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that FilmCatcher reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that FilmCatcher shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

5. Termination of service
You agree that FilmCatcher, in its sole discretion, may delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if FilmCatcher believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that FilmCatcher shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

6. Dealings with organizations and individuals
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that FilmCatcher shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

7. Proprietary rights
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Any reproduction, modification, creation of derivative works from or redistribution of the Sites is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. User may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

8. Disclaimer of Warranties / Limitation of Liability

• FilmCatcher disclaims all warranties of any kind, whether express or implied.
• The Service is provided on an "as is" and "as available" basis, and you should not rely upon it.
• Your use of the Service is at your sole risk, and FilmCatcher shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages (even if FilmCatcher has been advised of the possibility of such damages), resulting from any aspect of your use of or interaction with the Service.
• Any warranty not set forth in this Terms document, including any set forth by FilmCatcher employees, will be invalid.
• If any of the above provisions are void under governing law, our liability shall be limited to the extent permitted by law.

9. Indemnity
You agree to indemnify and hold FilmCatcher, its officers, and/or its employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, or your violation of any rights of another.

10. General information
The Terms constitute the entire agreement between you and FilmCatcher and govern your use of the Service, superceding any prior agreements between you and FilmCatcher. The Terms and the relationship between you and FilmCatcher shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and FilmCatcher agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of FilmCatcher to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

11. Violations of Terms
Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to violation@filmcatcher.com