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GENERAL TERMS AND CONDITIONS AGREEMENT

Terms and Conditions of Use

Welcome to LoyalTV.com (this "Site"), a service of LoyalTV, Inc. ("LoyalTV"). Please read this General Terms and Conditions Agreement before you use this Site. By using this Site, you agree to abide by the terms of this Agreement. If you don't agree to the terms and conditions of this Agreement, then please don't use this Site. We may change the terms and conditions of this Agreement from time to time without notice to you. By continuing to use this Site after we post any changes, you will be deemed to accept and agree to this Agreement as modified.

Privacy

LoyalTV respects the privacy of the users of this Site. Please review our Privacy Practices and Policies Statement for information about how LoyalTV collects and uses personal information. By accepting this Agreement you expressly consent to LoyalTV's disclosure and use of your personal information (including the use of your e-mail account or address to communicate with you) as more fully described in our Privacy Practices and Policies Statement which is incorporated herein by reference.

Feedback

We invite you to send in your questions or comments about this Site, or to bring to our attention any material you believe to be inaccurate. You may provide general feedback using the forms found on this Site. If you would like to communicate with us directly, you may do so by e-mailing us at the addresses located in the Contact Us section and we will, if appropriate, respond to you.

User-Generated Content

This Site allows you to upload videos and related information for display to others ("User-Generated Content"). As between LoyalTV and you, you remain the owner of all rights, including copyright, in any User-Generated Content you submit. By submitting User-Generated Content to this Site, you automatically and without further action on your part, grant LoyalTV a perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of and display and perform publicly any such User-Generated Content throughout the universe in any media now known or later developed. Please review our User-Generated Content Term and Conditions Agreement which is incorporated herein by reference.

By submitting User-Generated Content to this Site, you represent and warrant that (i) you own or have the necessary licenses, rights, consents and permissions to grant LoyalTV the license rights set forth above, (ii) you have obtained the consent, release and/or permission of each and every identifiable individual person in the User-Generated Content to grant the foregoing license to LoyalTV, and (iii) you meet the criteria and agree to the terms and conditions set forth in the User-Generated Content Terms and Conditions Agreement. Further, you agree that with respect to any User-Generated Content, you will not (i) include any content (including, without limitation, any music or video produced by a third party) that violates a third party's copyright or other proprietary rights, (ii) publish falsehoods or misrepresentations portrayed as fact, (iii) include any advertising or solicitations, or (iv) submit or include any content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law or that is otherwise inappropriate for distribution to the general public, invasive of privacy, infringes intellectual property rights, is otherwise injurious to third parties or objectionable, and/or consists of or contains software viruses, political campaigning or commercial solicitations.

LoyalTV reserves the right, but does not assume any obligation, to review any User-Generated Content prior to its display on this Site. LoyalTV may refuse to display or may remove any User-Generated Content from this Site for any reason in its sole discretion. Without limiting the foregoing, LoyalTV will remove or refuse to display any User-Generated Content or any other content that, to its knowledge, violates any of the guidelines set forth herein or that has any of the following attributes:

  • Vulgarity/Profanity
  • Nudity
  • Offensive Material - Content defaming any person or group
  • Commercial Purposes - Content intended to sell a product or service
  • Underage Content - Content exploiting children under 18 years of age
  • Criminal Act - Content which portrays or encourages any criminal activity or behavior
  • Copyrighted material or content which includes any copyrighted material including, but not limited to, music, images, persons, advertising, links, logos or company names
  • Drugs and Alcohol - Content that promotes substance abuse
  • Promotional Content - Content that promotes giveaways, lotteries, random drawings, raffles or prizes of any kind
  • Slander and Libel - Content that is malicious, false or defamatory
  • Use of Animals - Content that shows the inhumane treatment of animals
  • Poor Quality Video - Content that doesn't meet LoyalTV's minimum quality standards
  • Invalid File Type - Content that is submitted in an unsupported format
  • File Fails Virus Scan - Content that might contain a virus
  • Content that does not comply with the published requirements for any contest that it is entered into

Membership Accounts

Upon creating a membership account through this Site, you agree to provide LoyalTV with a valid and current e-mail address and to update such information immediately upon any changes. You may not use a false e-mail address, impersonate any person or entity, or otherwise provide misleading information as to the origin of any content. LoyalTV reserves the right to reject or terminate any user name that in its sole discretion it deems unacceptable. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify LoyalTV of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. LoyalTV cannot and will not be liable for any loss or damage arising from your failure to comply with this Agreement. LoyalTV may terminate a membership account for any reason in its sole discretion. Members may maintain only one account and duplicate accounts may be subject to cancellation in LoyalTV's sole discretion.

Member Content

In addition to submitting User-Generated Content, members may communicate with LoyalTV and other members by posting or publishing comments or ratings of videos and/or advertisements, participating in discussion groups, chat areas, bulletin boards, feedback areas, news groups, e-mail functionality or other communication features made available by LoyalTV in its sole discretions from time to time (collectively "Member Content"). You are solely responsible for all Member Content you transmit or submit to LoyalTV and agree that such Member Content will not be unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law or otherwise be inappropriate for distribution to the general public, invasive of privacy, infringe intellectual property rights, otherwise injurious to third parties or objectionable, and will not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." LoyalTV reserves the right to reject any postings and submissions to this Site and/or to remove postings and submissions to this Site for any reason in its sole discretion. If you do post or submit Member Content to this Site, and unless we indicate otherwise, you grant LoyalTV a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Member Content throughout the world in any media now known or later developed without any compensation to you. You further grant to LoyalTV the right to use the name you post or submit in connection with such Member Content. You represent and warrant that (i) you own or otherwise control all of the rights to the Member Content that you post or submit, (ii) that the Member Content is accurate and truthful, (iii) that you are not employed by the manufacturer or a competitor of the product you review or rate in a video or otherwise comment on, (iv) that use of the content you supply does not violate these terms and conditions and will not cause injury to any person or entity, (v) and that you will indemnify LoyalTV for all claims resulting from content you supply. LoyalTV expressly disclaims all liability relating to any Member Content.

Copyright Infringement

LoyalTV is committed to complying with U.S. copyright and related laws. If you are the owner of any copyrighted work and believe your rights under U.S. copyright law have been infringed by any User-Generated Content, Member Content or other material on this Site, you may take advantage of certain provisions of the Digital Millennium Copyright Act (the "DMCA") by sending LoyalTV's authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon LoyalTV's receipt of a satisfactory notice of claimed infringement, LoyalTV will respond expeditiously either directly or indirectly (i) to remove the allegedly infringing work accessible through this Site or (ii) to disable access to the work. LoyalTV will also notify the member that submitted the work of the removal or disabling of access to the work. If the affected member believes in good faith that the allegedly infringing work has been removed or blocked by mistake or misidentification, then that person may send a counter notification to LoyalTV. Upon LoyalTV's receipt of a counter notification that satisfies the requirements of the DMCA, LoyalTV will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agree that LoyalTV will not be a party to any disputes or lawsuits regarding alleged copyright infringement.

Copyright owners may send LoyalTV a notification of claimed infringement to: LoyalTV, Inc., 121 W. 27th Street, Suit 903, New York, New York 10001, Attention: Legal or copyright@loyaltv.com. Any notification of claimed infringement must be in a form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to LoyalTV, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking or replacement of allegedly infringing material. If a notification of claimed infringement has been filed against you, you can file a counter notification with LoyalTV's designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.

Other Contents and Links

While we try to ensure that any information we post to this Site is both timely and accurate, errors may appear from time to time. This Site may not be updated daily and certain information may not be the most current information available.

LoyalTV is not responsible for, and cannot guarantee the performance of, any products and services provided by any advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by LoyalTV or its licensors.

Licenses Granted to You

Although we make this Site freely accessible, we do not intend to give up our rights, or the rights of anyone else, to the materials appearing on this Site, including the User-Generated Content and the Member Content. The materials available through this Site are the property of LoyalTV or its licensors (such as the creators who provide User-Generated Content and Member Content). The materials available through this Site are protected by copyright, trademark and other intellectual property laws. Except for the limited licenses expressly granted to you in this Agreement, LoyalTV and its licensors expressly reserve all other rights.

You are free to display and print for your personal, non-commercial use any information or content you receive through this Site, but you may not otherwise reproduce or modify any of the materials without the prior written consent of their owner and you may not distribute copies of materials found on this Site in any form (including by e-mail or other electronic means), without prior written permission from their owner. Of course, you are free to encourage others to access the information themselves on this Site and to tell them how to find it.

We welcome links to the homepage of our website. You are free to establish a hypertext link to the homepage of this Site so long as the link does not state or imply any affiliation, connection, sponsorship or approval of your site by LoyalTV. We do not permit framing or inline linking to this Site or any portion of it.

Trademarks

We do not want anyone to be confused as to which materials and services are provided by LoyalTV and which aren't. You may not use any trademark or service mark appearing on this Site without the prior written consent of the owner of the mark. LOYALTV, LOYALTV.COM and the LOYALTV design logo are registered trademarks and/or service marks of LoyalTV, Inc. Other trademarks appearing on this Site or other sites linked to from this Site are the property of their respective owners.

Submissions and Postings; Disclosure

You are solely responsible for any information that you post or submit to this Site. We will comply with all requirements of law regarding disclosure of any postings or submissions to this Site to others, including to law enforcement agencies and parties making civil legal requests. We will also comply with any other requirements of law regarding disclosure of other aspects of your use of this Site.

LoyalTV welcomes your feedback about this Site and our products and services. We ask that you limit your feedback to these items. Nevertheless, any communications you send to this Site or otherwise to LoyalTV are deemed to be submitted on a non-confidential basis and become the sole property of LoyalTV. LoyalTV may, in its sole discretion, reproduce, use, publish, modify, disclose, distribute or otherwise use these communications in any way and for any purpose. All such uses by LoyalTV shall be without liability or obligation of any kind to you. These uses may include, for example, use of the content of any such communications, including, without limitation, any works, marks, names, ideas, inventions, concepts, techniques or know-how disclosed therein for any purpose.

Termination

LoyalTV reserves the right at any time to terminate your use of this Site if you fail to comply in full with any term of this Agreement, or any other terms, agreements or policies that apply to this Site and its use. You agree that any termination of your access to this Site under any provision of this Agreement may be effected without prior notice and acknowledge and agree that LoyalTV may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such information and files. Further, you agree that LoyalTV shall not be liable to you or to any third party for any termination of your access to this Site. Should you object to any terms or conditions or become dissatisfied with this Site in any way, your only recourse is to immediately discontinue your use of this Site and/or terminate your account.

Modification of this Site

LoyalTV reserves the right, at any time and for any reason and in its sole discretion, to terminate, suspend or change any aspect of this Site, including, but not limited to, content, features or hours of availability without notice to you. LoyalTV may impose limits on certain features of this Site or restrict your access to part or all of this Site without notice or penalty.

Indemnification

You agree to indemnify, defend and hold harmless LoyalTV (including its parent entity, subsidiaries and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of this Agreement or unauthorized use of this Site. Your indemnification obligation shall survive the termination of this Agreement. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with LoyalTV in connection with our defense.

Disclaimer of Warranties and Liability

YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THIS SITE AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SITE OR ANY MATERIAL AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS SITE.

THIS SITE IS PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." LOYALTV AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE INFORMATION AVAILABLE THROUGH THIS SITE, NOR DO THEY GUARANTEE THAT THIS SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THIS SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL LOYALTV (INCLUDING ITS SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS) BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE AND OTHER TORT ACTIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF LOYALTV (INCLUDING ITS SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS) IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU AGREE THAT THE LIABILITY OF LOYALTV (INCLUDING ITS SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS), IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THIS SITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO LOYALTV FOR THE USE OF THIS SITE.

Notices

Except as explicitly stated otherwise, any notices to LoyalTV shall be given by you via first class mail or overnight courier to LoyalTV, Inc., 121 W. 27th Street, Suit 903, New York, New York 10001, Attention: Legal. Any notice to you shall be given by LoyalTV to you at the e-mail address you provide to LoyalTV. Notice shall be deemed to have been given, made or delivered if by e-mail, 24 hours after the e-mail is sent, if by overnight courier, the next business day or if by first class mail, three business days after having been deposited in the mail.

General Provisions

LoyalTV makes no representations that the content and materials on this Site are appropriate, available or legal in any location outside of the United States. Those who choose to access this Site from outside of the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible so as to reflect the intent of this Agreement and the remainder of this Agreement shall continue in full force and effect. The failure by either you or LoyalTV to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

You agree that any cause of action arising out of or related to this Site or this Agreement must be commenced within one year after the cause of action arose or such cause of action shall be permanently barred. All provisions of this Agreement regarding representations and warranties, indemnification, disclaimers and limitations of liability shall expressly survive the termination of this Agreement.

This Agreement has been made in and shall be construed in accordance with the laws of the State of New York. By using this Site, you consent to the exclusive jurisdiction of the state and Federal courts in New York, New York in all disputes arising out of or relating to this Agreement or this Site.

By using this Site, you agree to abide by the terms of this Agreement. We hope you enjoy using this Site and we welcome suggestions for improvements.

USER-GENERATED CONTENT TERMS AND CONDITIONS AGREEMENT

By uploading a video and related information to, or participating in any active program of, LoyalTV, you acknowledge that you have read, understood and agree to be bound by the terms and conditions set forth in this User-Generated Content Terms and Conditions Agreement, the General Terms and Conditions Agreement and the terms and conditions, if any, of any particular contest or promotion.

The following terms and conditions apply to any User-Generated Content submitted to LoyalTV:

(i) User-Generated Content may only be submitted by legal residents of the United States who are 18 years of age or older;

(ii) Members must be 21 years of age or older to submit a video review of an alcoholic product;

(iii) Members must submit all data requested by LoyalTV in connection with the registration process;

(iv) Members must own the product or have purchased the service being reviewed in the video;

(v) User-Generated Content must not contain any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law or is otherwise inappropriate for distribution to the general public;

(vi) User-Generated Content must be the original work of the member, may not have been previously published, may not have won a previous award and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity;

(vii) Members (and members of their immediate family and/or those living in the same household) may not be affiliated with a company that sells, distributes or is otherwise involved with the product or service featured and/or reviewed in the video, may not be affiliated with a company that sells, distributes or is otherwise involved with a product or service that directly competes with the product or service featured and/or reviewed in the video and may not be an employee of LoyalTV or its affiliates; and

(viii) LoyalTV reserves the right in its sole discretion to disqualify and reject any video that is not submitted in accordance with this Agreement and any other policies or guidelines of LoyalTV.

Any User-Generated Content submitted to LoyalTV may be used for any purpose by LoyalTV and may be posted on this Site for public viewing and rating. In addition, LoyalTV may make available submitted videos to third party websites, including, but not limited to, e-commerce, video and manufacturer sites and/or select submitted videos to air on television or to be distributed via mobile phones and other handheld devices. Submission of User-Generated Content constitutes permission for LoyalTV, its agents or any third party approved by LoyalTV (including product manufacturers or retailers) to use your name, likeness and video, in whole or in part, in connection or not in connection with your video, for advertising and promotional purposes in any media without additional compensation to you unless otherwise expressly prohibited by law.

Acknowledgments and Representations

By submitting User-Generated Content, you acknowledge that LoyalTV may reject a video submission for any reason in its sole discretion and its decision whether to accept any User-Generated Content is final and binding. If Loyal TV accepted or allows you to upload a video to this Site, it does not accept any obligation to publish the video on this Site and reserves the right not to use, display or make available to the public the video for any reason in its sole discretion. LoyalTV reserves the right to remove from this Site any User-Generated Content previously published for any reason and at any time in its sole discretion.

In connection with the submission of any video, you represent and warrant to LoyalTV that:

(i) you are submitting the video on behalf of yourself (and your child, if applicable);

(ii) you are 18 years of age or older (and, if applicable, your child appearing in the video is 13 years of age or older) and if you are acting on behalf a minor, that you have the capacity and authority to act on behalf of the minor;

(iii) you (or your child) are not affiliated with or otherwise being compensated by any person or entity that manufactures or distributes the product(s)/service(s) featured in the video or any person or entity that manufacturers or distributes a product/service that competes with the product(s)/services featured in the video;

(iv) you are (or your child is) the person depicted in the video and you grant to LoyalTV the right to use, publish and broadcast your (and/or your child's) name, voice, picture, image and likeness in all media and types of advertising and promotion;

(v) you have obtained authorization and consent from each and every person who appears in the video to use, publish and broadcast his/her name, voice, picture, image and the likeness in the video;

(vi) the video is an original work created by you (or your child) and you (on behalf of yourself or your child) own all rights in and to the video; and

(vii) all statements made by you (or your child) in the video are your (or your child's) honest opinions about the product(s)/service(s) and you are (or your child is) a bona fide user of the product(s)/service(s).

Specifications for Videos and Products Reviewed

(i) Videos must be at least 30 seconds in length and must be uploaded to this Site in one of the following file formats: WMV, MPG, MP4, MOV, 3GP or AVI.

(ii) Video files must not exceed 100MB. Standard video codes must be used and videos must be shot in landscape format.

(iii) All videos must be in the English language and must be of a satisfactory quality as determined in the sole discretion of LoyalTV.

(iv) All data requested by LoyalTV, including, without limitation, video data and data about the member must be properly and fully completed during the registration and upload process.

(v) The product being reviewed must be removed from its packaging and product demonstration helpful to consumers as determined in the sole discretion of LoyalTV.

Indemnification

You hereby release, discharge and agree to indemnify, defend and hold harmless LoyalTV (including its parent entity, subsidiaries and affiliates and all of their respective officers, directors, employees, agents, licensors, advertisers, program and information suppliers) from and against all claims, losses, expenses, damages and costs (including reasonable attorneys fees) arising out of or in connection with LoyalTV's use of the User-Generated Content, including, but not limited to, any claims for infringement, defamation, invasion of privacy or right of publicity. Your indemnification obligation shall survive the termination of this Agreement. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with LoyalTV in connection with our defense.

PRIVACY POLICIES AND PRACTICES STATEMENT

These policies and practices apply to your use of the website owned and operated by LoyalTV, Inc. ("LoyalTV"), currently located at www.loyaltv.com (the "Site"), and include an explanation of:

  • the categories of personally identifiable information about you that may be collected;
  • how the information is used;
  • the categories of persons or entities with whom the information may be shared;
  • the choices available to you regarding collection, use and distribution of the information;
  • the kind of security procedures that are in place to protect the loss, misuse or alteration of information;
  • how you can review and request changes to the information;
  • how we notify visitors to and users of this Site of changes to these privacy policies and practices; and
  • the privacy policies and practices that apply to subscribers to each LoyalTV product and service.

Questions regarding these policies and practices should be directed to LoyalTV by e-mailing us at the e-mail address located in Contact Us section of this Site.

Information Collection and Use

A special note about children: LoyalTV does not knowingly collect personally identifiable information from children under the age of 13 and does not wish to collect any such information. Federal law requires website operators who collect personal information from children under the age of 13 to first get parental consent. Children should always get permission from their parents before sending any information about themselves (such as their names, e-mail addresses and telephone numbers) over the Internet, to us or to anyone else.

What categories of personally identifiable information do we collect?

The information collected by LoyalTV falls into two categories: (i) information voluntarily supplied by visitors to and users of this Site; and (ii) tracking information recorded as visitors and users navigate through this Site. Some of this information is personally identifiable information, but much of it is not. Personally identifiable information is information that identifies a particular person.

To make use of some features on this Site, such as submitting a video or viewing videos with content that would be rated more restrictively than PG-13, visitors and users need to register and provide certain information as part of the registration process. We may ask, for example, for your name, e-mail address, street address, zip code, and, if you wish to automate payments, financial account information. We might also request information about your residence, television and computer, for example, in order to process your request for new service or make changes to existing service. In addition, we may ask you for information about your interests in television viewing, sports, personal finance, the performing arts and the like. The information you supply will help us to offer you more personalized features and tailor this Site to your interests to make it more useful to you. Our systems will remember some of this information the next time you log in and use this Site but you can always review and change your information by following the instructions below under Changes to Information in this Statement.

The more you tell us about yourself, the more value we can offer you. Supplying this information is entirely voluntary. But if you choose not to supply the information, we may be unable to provide you with the products and services we make available to other users of and visitors to this Site. And you will not be able to order selected products or services, or automate payments, over this Site unless you provide certain personally identifiable information about yourself. When you submit any personally identifiable information over this Site, LoyalTV (i) will use the information for the purposes described at the time you submit it (for example, your name, address, telephone number and e-mail address provided while ordering one of our products or services will be used in connection with the processing and fulfillment of your order), and (ii) may use the information to contact you to make you aware of other products and services of interest. Of course, if you want to remain completely anonymous, you're still free to take advantage of the publicly available content on this Site without registration.

What categories of persons or entities do we share personally identifiable information with?

We consider the personally identifiable information contained in our business records to be confidential and we do not sell email addresses to any third parties. We may sometimes disclose personally identifiable information about you to our affiliates or to others who work for us. We may also disclose personally identifiable information about you to service providers and vendors and to others who provide products and services to us. For example, when you use certain functions on this Site you may notice that the website actually collecting or processing the information may be other than a LoyalTV website. We may be required by law or legal process to disclose certain personally identifiable information about you to lawyers and parties in connection with litigation and to law enforcement personnel. For example, we may be required by law to disclose personally identifiable information about you without your consent and without notice in order to comply with a valid legal process such as a subpoena, court order or search warrant.

What do we do to personalize your use of this Site?

To help make this Site more responsive to the needs of our users and visitors, we use a standard feature of browser software called a "cookie." We use cookies to help us tailor this Site to your needs, to deliver a better, more personalized service and to remember certain choices you've made so you don't have to re-enter them.

We use two kinds of cookies: (i) temporary or "session" based cookies that contain certain information about a user's or visitor's use of this Site at a particular time, and (ii) "persistent" cookies that contain certain account-related information about a registered user's use of this Site. Session based cookies are automatically disabled or deleted when a user of or visitor to this Site closes his or her browser software at the end of a session. Persistent cookies remain stored on a registered user's computer system until he or she disables or deletes them. Of course, if you set your browser not to accept cookies or you delete them, you may not be able to take advantage of the personalized features enjoyed by other visitors to and users of this Site.

The cookies we use don't directly identify visitors to or users of this Site as particular persons. Rather, they contain information sufficient to simplify and improve a visitor's or user's experience on this Site. For example, we may use session based cookies to track the pages on this Site visited by our users. We can build a better Site if we know which pages our users are visiting and how often. Or, we may use persistent cookies to simplify access to a user's account information over this Site.

In connection with the standard operation of LoyalTV's systems, certain non-personally identifiable information about visitors to this Site is recorded. This information is used primarily to tailor and enhance visitors' experience using this Site. We may use this information in an aggregate, non-personally identifiable form to, among other things, measure the use of this Site and determine which products and services are the most popular with this Site's visitors.

Other Websites

To make this Site more valuable to our visitors, we may offer some features in conjunction with other providers. This Site may also include links to other websites whose privacy policies and practices we don't control. Once you leave this Site by linking to another one (you can tell where you are by checking the address --known as a URL-- in the location bar on your browser), use of any information you provide is governed by the privacy policy of the operator of the website you're visiting. That policy may differ from ours. If you can't find the privacy policy of any of these websites via a link from this Site's homepage, you should contact the website directly for more information.

Security

All information gathered on this Site is stored within a LoyalTV controlled database accessible only to LoyalTV and its specifically authorized contractors and vendors. However, as effective as any security measure implemented by LoyalTV may be, no security system is impenetrable. We cannot guarantee the complete security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet. If you don't want us to know any particular information about you, please don't include it in anything that you submit or post to this Site or send it to us in e-mail.

Changes to Information

You may review and change information that you provide to us through this Site by returning to the pages where you entered it and reviewing or changing the information directly.

Changes to this Privacy Policies and Practices Statement

We may change this Statement from time to time. If we change this Statement at some point in the future, we will post the changes on this Site and by continuing to use this Site after we post any changes, you accept and agree to this Statement, as modified. Of course, our use of information gathered while the current Statement is in effect will be consistent with the current Statement, even if we change that Statement later.

Effective: February 1, 2008