Privacy Policy

IMPORTANT! PLEASE READ THIS PRIVACY POLICY (“PRIVACY POLICY”) CAREFULLY. THIS PRIVACY POLICY APPLIES TO YOUR USE the Internet sites (“Sites”) of FILM ROMAN, LLC (“FILM ROMAN,” “Us” or “We”). THE SITES include all Internet sites on which this privacy policy is posted. By USING THE SITES YOU ARE UNCONDITIONALLY AGREEING TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE SITES.

Film Roman is committed to helping users of its Sites understand the information that Film Roman collects, how Film Roman uses that information, the choices users have about the way their information is used, and the precautions Film Roman takes to protect information concerning its users. This Privacy Policy applies specifically to the Sites only, and covers information collected on or through the Sites.

1. Information We Collect.

a. Personally Identifiable Information. Film Roman collects personally identifiable information that you voluntarily submit in various contexts including, but not limited to: (1) the registration process for sweepstakes, contests, and other promotions offered via the Sites; (2) your participation in online research surveys offered on the Sites; (3) the process of reporting a problem with our Sites and resolving customer service activities (including via email and chat); and (4) in connection with content submissions, voting and polling activities. Such personally identifiable information may include, without limitation, name, date of birth, e-mail address, mailing address and telephone number.

b. Non-personally Identifiable Information.

(i) Usage Information. When you visit the Sites, Film Roman may also collect non-personally identifiable information. Film Roman may automatically collect information that describes how you use the Sites and the technology you are using to access the Services, Sites and Features (“Usage Information”). Additionally, we may collect your IP address or device identifier (“Device ID”). A Device ID is a unique number assigned to the device(s) or network you use to access the Services, Sites and Features. If we associate Usage Information with your Device ID we will treat such information as personally identifiable information.

(ii) Cookies. Cookies are small information files that our Sites may place on your device. Cookies by themselves do not provide Film Roman with personally identifiable information. However, once you choose to furnish us with personally identifiable information, this information may be linked to the data stored in a cookie. In many instances you can turn off cookies in your web browser (see your browser’s manual or help file for instructions), but if you do turn off cookies you may not be able to access parts of the Sites where cookies are used.

(iii) Embedded Scripts/Web Beacons. An embedded script is programming code used to collect information about how you interact with the Sites. The embedded script is temporarily downloaded onto your device from a Film Roman or third party web server and is active only while you are connected to the Sites. A web beacon is a small graphic image or programming code that may be included in our web pages and e-mail messages.

2. How We Use the Information We Collect.

a. Personally Identifiable Information. We use the personally identifiable you give us to deliver information or content you request, to contact you about the Sites or for other purposes explained at the time we collect the information. Additionally, we use personally identifiable information to, among other things: (1) improve the Sites by providing personalized content, language and location customization and/or personalized help and instructions; (2) provide customer service assistance; (3) ask you to participate in surveys about products, services, news and events; (4) provide you with news, newsletters, updates, targeted advertising, promotions, sweepstakes and special offers; (5) better understand how the Sites are used, including traffic patterns and what types of content are most popular with users; (6) in connection with content submissions, community postings (e.g., chat and bulletin boards), and voting and polling activities.

b. Non-personally Identifiable Information. We use Device IDs, Usage Information, cookies and web beacons for a variety of internal purposes, such as system administration and counting visitors, tracking views, email “opens” and monitoring how users navigate the Services, Sites and Features.

Film Roman may disclose personally identifiable information and non-personally identifiable information to distributors, contractors and third party agents we engage to provide services for Film Roman. Such entities and individuals are required to protect your personally identifiable information in a manner that is consistent with this Privacy Policy and to not use such personal information for any purpose other than to carry out the services they are performing for Film Roman.

Film Roman may disclose your personally identifiable information and non-personally identifiable information to any successor or to any person or entity that acquires ownership or control of the Sites. You hereby consent to the disclosure to, and use by, any such successor or subsequent owner or operator, and your continued use of the Sites signifies your agreement to be bound by such successor’s or subsequent owner or operator’s own privacy policy. Film Roman is not responsible for any changes or modifications to this Privacy Policy by any successor or subsequent owner or operator Sites.

Film Roman may also disclose personally identifiable information to third parties in any of the following instances: 1) we have been given your consent to disclose; 2) we have previously informed you of the disclosure, including by means of our Privacy Policy; 3) we are required by law or court order to disclose, or we believe in good faith that the law requires it; 4) disclosure is necessary to identify, contact, or bring legal action against, someone who may cause or be causing harm to, or interference with, our rights or property or anyone else; or 5) to respond to an inquiry, request or complaint that you have made. We may also use IP addresses in cooperation with Internet service providers to identify users if we deem it necessary to comply with laws, to enforce compliance with the Privacy Policy.

3. How To Update Your Personal Information. We will use reasonable efforts to allow you to update or correct personally identifiable information, to the extent that changing the data will not compromise privacy or security interests. Also, upon your request, we will use commercially reasonable efforts to functionally delete your personally identifiable information from our database. However, it may be impossible to delete all of your information without some residual data because of backups and records of deletions. Finally, you may request that your information be changed, corrected or deleted from our databases by contacting us at [email protected].

4. EMAIL OPT-OUT. If at any time you wish to opt out or “unsubscribe” from receiving commercial emails related to the Sites you may use the unsubscribe link at the bottom of each commercial e-mail you receive. Please remember that: (1) even if you opt out of receiving commercial emails from Film Roman, we reserve the right to send transactional or relationship communications to you (e.g., if we need to contact you regarding your account status, technical support, product information, changes to the Terms of Use for the Sites or this Privacy Policy, and any other matter that might affect our service to you and/or our records on you); and (2) certain information or services can only be provided to you if personal information is provided. If you elect not to provide such information or opt out of having your information shared, you may not be able to receive certain content or information.

5. Policies for Individuals Under the Age of 13. Film Roman does not knowingly collect or use any personally identifiable information submitted to the Sites from individuals under the age of 13, except in order to respond on a one-time basis to a specific request for information. If you are a parent or guardian who has discovered that your child under the age of 13 has submitted his or her personally identifiable information without your permission or consent, you can ask us to remove your child’s information by contacting us at [email protected]. Upon notice from you, Film Roman will make reasonable efforts to investigate and remove the information. Please include in your message the same user name and/or e-mail address and password that your child submitted.

6. Links to Other Sites. Film Roman may from time to time offer links to other sites from the Sites including our distributors and sites that are sponsored by or co-branded with third parties. These third parties may have information practices that are different than ours. We recommend that you review such site’s terms of use and privacy policy prior to use or submitting any personally identifiable information. Film Roman does not verify, warrant, endorse or take responsibility for the availability, accuracy, completeness, quality, practices or policies of such sites or content available from such sites. Film Roman does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites.

7. Film Roman Security Policy. Film Roman is aware of your privacy concerns and strives to collect only as much data as is required to make your use of the Sites as efficient and satisfying as possible, in the most unobtrusive manner as possible. We will make reasonable efforts to ensure that whatever information you provide will be maintained in a secure environment. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personally identifiable information, we cannot guarantee the security of any information you transmit to us or from our products or services, and you provide such information at your own risk.

8. Consent to Processing in the United States. By providing any personally identifiable information to Film Roman, all users, including, without limitation, users in the member states of the European Union, fully understand and unambiguously consent to this Privacy Policy and to the collection and processing of such information in the United States of America.

9. Notification of Changes. Film Roman reserves the right, at its sole discretion, to change, modify, discontinue, enhance, add or remove any portion of the Privacy Policy, in whole or in part, at any time. Changes to the Privacy Policy will be effective when posted. You agree to periodically review the Privacy Policy so that you are aware of any changes. Your continued use of the Sites in any way after any changes are made or posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby.

10. REPRESENTATIONS AND WARRANTIES. By accessing or using the Sites or Features you represent and warrant that: (a) that you have legal capacity to enter into this agreement (i.e., that you are at least eighteen (18) years old or of sufficient age to be considered an adult in your state of residence and possess sufficient mental capacity and are otherwise entitled to be legally bound in contract). You further represent and warrant that you have read and agree to abide and be bound by the Privacy Policy.

11. ASSIGNMENT. You may not assign your rights and obligations under the Privacy Policy for any reason. Film Roman may assign its rights and obligations under the Privacy Policy at any time.

12. TERMINATION. Your right to use the Sites will automatically terminate if you fail to comply with any provision of the Privacy Policy.

13. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL FILM ROMAN, ITS PARENTS, SUBSIDIATIES, AFFILIATES, PARTNERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS, each of their respective officers, directors, shareholders and employees, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITES OR CONTENT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, LOST PROFIT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES THAT RESULT FROM OR ARE RELATED TO THE COLLECTION OR USE OF INFORMATION FROM YOU IN CONNECTION WITH YOUR USE OF THE SERVICES, SITES, CONTENT OR FEATURES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO AN EVENT OF FORCE MAJEURE. THE ABOVE LIMITATIONS OF LIABLITY WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

14. INDEMNIFICATION. You agree to indemnify and hold harmless Film Roman, its parents, subsidiaries, affiliates, partners, agents, service providers, third party information providers and licensors and each of their respective officers, directors, shareholders and employees against and from any and all liabilities, claims, costs, damages, reasonable settlements and expenses (including without limitation reasonable attorneys’ fees and court costs) to the extent arising out of or attributable to your breach of any of the provisions, representations or warranties set forth in the Privacy Policy. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section.

15. Force Majeure. Film Roman will not have any liability to you for any delay or non-performance of its obligations under the Privacy Policy, to the extent that such delay or non-performance is attributable to an event of Event of Force Majeure (as hereinafter defined). For the purposes of the Terms of Use, “Event of Force Majeure” will mean an act of God, labor dispute, or failure of facilities, networks, equipment or software, or any similar event, to the extent that such event is beyond the reasonable control of Film Roman.

16. MISCELLANEOUS. This Privacy Policy sets forth the nature and extent of your relationship with Film Roman as it pertains to the information Film Roman collects from you and uses in connection with the Sites. The Privacy Policy is binding upon and inures to the benefit of Film Roman and you, and Film Roman’s successors and assigns, if any. If any provision of the Privacy Policy is determined to be invalid or unenforceable, such determination will not affect the validity or enforceability of any other provision of the Privacy Policy. Any waiver of any breach or failure to enforce any provision of the Privacy Policy will not be deemed a future waiver of such term or a waiver of any other provision. Any waiver of any provision of the Privacy Policy will be effective only if it is in writing and signed by Film Roman and you. Nothing contained in the Privacy Policy will constitute, or enable the development of a joint venture, partnership or any other employee/employer or independent contractor relationship or any other commercial relationship (except as seller and customer) between you and Film Roman. The Privacy Policy will be governed by the laws of the United States and the State of Colorado, irrespective of Colorado’s conflict or choice of law rules. Any action brought by you arising out of or relating to the Privacy Policy may be brought exclusively in the appropriate state or federal court in Denver, Colorado, and you irrevocably consent to the jurisdiction of such courts and venue in Denver, Colorado. Any cause of action or claim you may have must be commenced within one (1) year after such claim or cause of action arises. You waive your rights to a jury trial in any proceeding with Film Roman or its parents, subsidiaries, affiliates, partners, respective service providers, suppliers and/or licensors and any of their respective officers, directors, shareholders and employees.

The provisions of the Privacy Policy, which by their nature should survive expiration or termination of the Privacy Policy, will survive such termination. You agree that your use of the Sites enables you to enter into agreements and/or to make purchases electronically. You acknowledge and agree that your electronic submissions constitute your agreement and intent to be bound by any such agreements and/or purchases, including without limitation all transactions you enter into in connection with the Sites.

17. Contact Us. If you have any questions or concerns about the Privacy Policy for the Sites, please contact us at [email protected].

REVISED 04/24/2013 AND EFFECTIVE AS OF THE DATE OF POSTED.