RESTRICTION ON USE OF MATERIALS
All materials on the Websites (“Materials”), including, without limitation, images, names, photographs, graphics, logos, characters, illustrations, artwork, recipes, instructions, stories, synopsis, literary material, audio and video, are protected by copyright, trademark and other laws and may only be used for your personal non-commercial purposes. You may not copy, reproduce, download, republish, duplicate, distribute, upload, modify, post or transmit Materials in any way. You are also prohibited from creating materials that are based on and/or derived from Materials.
CODE OF CONDUCT
While using any of the Websites or submitting any Posting (as defined below), you agree to comply with the following standards and agree not to:
(1) create a false identity or impersonate any person;
(2) create any posts, user names, or subject lines containing profanity, sexually graphic or offensive language;
(3) post or transmit any content or message that is false, inaccurate, misleading, disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, vulgar, inciteful, racist or otherwise objectionable;
(4) engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening, abusive, inciteful or otherwise objectionable behavior;
(5) use any of the Websites or Materials for any unlawful purpose or in any manner not intended by Chronicle or as contemplated in the Terms or on any Website;
(6) suggest, illicit or encourage any illegal activity;
(7) transmit any material, non-public information about any company without the express authorization to do so; or
(8) transmit any advertisements or solicitations or other unsolicited or unauthorized commercial or promotional content, materials or communication.
You agree that by posting, submitting or transmitting any materials, including, without limitation, images, names, photographs, graphics, logos, characters, illustrations, stories (fictional or nonfictional), artwork, recipes, instructions, synopsis, literary material, inquiries, opinion, suggestions, audio and video, on the Websites for any purpose (including, without limitation, to enter a Promotion (as defined below)) (“Postings”), you are granting to Chronicle, and to anyone authorized by Chronicle, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, broadcast, transmit, sell, exploit, create derivative works from and/or distribute such Posting, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose as we see fit in our sole and absolute discretion, with or without any advance notice or compensation. The foregoing grant shall include the right to exploit any proprietary rights in a Posting, including, but not limited to, rights under copyright or trademark, under any relevant jurisdiction. You are not entitled to any compensation for submitting any Posting on the Websites or any use of such Posting by us in our sole and absolute discretion. By submitting a Posting, you represent and warrant that (1) you own or otherwise control all of the rights to your Posting, including, without limitation, all copyrights and/or other intellectual property; (2) your Posting does not infringe any third party’s intellectual property or other right or violate the Terms; (3) your Posting will not cause injury or damage to any person, entity or property; (4) your Posting is accurate; and (5) you grant Chronicle consent to use your name, likeness, photograph, voice and/or opinions (and have obtained the same consent from any individual appearing in your Posting) for any purpose in any media, worldwide, without further payment or consideration to you or any third party. Chronicle takes no responsibility or assume any liability for any Posting and has the option, but not the obligation, to monitor, edit or remove any Posting. Chronicle has no obligation to use any Posting.
We receive many unsolicited ideas, suggestions or creative materials. However, it is our policy not to accept such unsolicited submissions to avoid any possibility of misunderstanding in the event that projects developed by us might seem to others to be similar to their own creative work. We do not review any unsolicited submission and the same will be returned to sender or destroyed.
LINKED THIRD PARTY WEBSITES AND ADVERTISERS
DISCLAIMER OF WARRANTIES
While we try to optimize the performance of the Websites, your use of the Websites and any Materials and services provided through the Websites are entirely at your own risk. The Websites are provided “AS IS” and without warranties of any kind whether express or implied. To the fullest extent allowable by law, we disclaim all warranties, either express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose. We do not warrant that the functions contained on the Websites will be uninterrupted, error-free, virus-free, free from other defects or that such defects will be corrected. The information supplied is intended to serve as entertainment and/or an educational supplement and is in no way to be considered advice. No opinion, advice or statement of Chronicle or its affiliates, licensors, suppliers, advertisers, sponsors, agents, members of other users of the Websites, whether made on the Websites, in the Materials or otherwise, shall create any warrant.
LIMITATION OF LIABILITY
NEITHER CHRONICLE NOR ANY OF OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DISTRIBUTOR, AGENTS, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITES AND/OR MATERIALS, POSTINGS, ANY THIRD PARTY LINKED WEBSITE OR ANY CODE, PRODUCT OR SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE WEBSITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES, MATERIALS, POSTINGS, PRODUCTS OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITES, MATERIALS, POSTING, PRODUCTS OR LINKED WEBSITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO CHRONICLE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO CHRONICLE, IF ANY, TO ACCESS OR USE THE WEBSITES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND CHRONICLE OR A REPRESENTATIVE OF CHRONICLE CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATES ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
You agree to indemnify, defend and hold harmless Chronicle, our parent companies, subsidiaries, affiliates, distributor, agents, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, from and against any and all claims, damages, losses, costs (including without limitation, reasonable attorneys’ fees and expenses) and other expenses that arise directly or indirectly out of or from (1) your breach of the Terms; (2) any allegation that any Posting or other information you submit to us or transmit to the Websites infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other right of any third party; (3) your access to and use of the Websites; and/or (4) any claim that any Posting caused damage or loss to a third party, including, without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Please use the following procedure to notify us if you believe in good faith that any Material contained on the Websites infringes your copyright.
Pursuant to Title 17 of the United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication provided to the designated agent (please see designated agent's information below) of service provider that includes substantially the following:
(1) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site;
(3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
(4) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(5) statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification should be sent to the designated agent as set forth below:
Chronicle Cinema, LLC
614 W Main St, Suite 4500
Louisville, KY 40202
We reserve the right to change the Terms at any time without any notice to you, which changes will be effective immediately upon posting of revised Terms. Your continued use of the Websites following the posting of revised Terms will mean you have accepted such Terms.
TERMINATION OF ACCOUNT
Chronicle has the sole discretion to delete, suspend, terminate or close your user account, with or without prior notification to you, for any or no reason.
The Terms shall operate to the fullest extent permitted by law. If any provision or part of the Terms is held unlawful, void or unenforceable it shall not affect the validity and enforceability of the remaining provisions of the Terms.
TYPES OF INFORMATION WE COLLECT
For various purposes to provide and improve our service to you, we collect several different types of information.
Information You Provide Directly to Us. While using the Websites, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”), which may include, but is not limited to:
· First and last name
· Email address
· Phone number
· Date of Birth
· Messages and photographs provided by you.
· Information provided by you as you provide feedback on products or services offered on our Websites and apps
· Information relating to transactions and products or services purchased
Information We Collect Passively. While using the Websites, we may collect the following from you:
· Device information, including device model, operating system version, device date and time, unique device identifiers, mobile network information
· Geolocation of your device
· How you use our sites and mobile applications, including search terms and pages you visit
Usage Data. We may also collect information how the Websites are accessed and used by you (“Usage Data”). Usage Data may include, without limitation, information such as your computer’s Internet Protocol address, browser type, browser version, the pages of our Websites that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
We may host or facilitate interactions with social media platforms, including Facebook, Twitter, YouTube, Pinterest, and Instagram. You may also have the opportunity to log in through or otherwise connect your social media account. When you interact with social media through the Websites, we will receive information about you from the social media service.
If you choose to post information to a third party platform, that information may be public.
You acknowledge that, if you choose to post on a third-party platform any information about your viewership of our audio visual materials, or by liking or sharing any such content, the Video Privacy Protection Act of 1998 (18 U.S.C. § 2710) (or any similar state law) does not apply. However, to the extent it does apply in any manner, you are providing your informed, written consent to the disclosure of that information pursuant to the Video Privacy Protection Act.
COOKIES AND SIMILAR TECHNOLOGIES TO COLLECT INFORMATION
Like most websites and online services, we automatically collect certain types of usage information when you visit our Websites, read our emails, or otherwise engage with us. We typically collect this information through a variety of tracking technologies, including cookies, web beacons, embedded scripts, location-identifying technologies, and similar technology. These tracking technologies collect information such as how you use the Websites, information about your browser and online usage patterns, information about the devices you use to access the Websites and your geographical location data. We may link your various devices so that content you see on one device can result in relevant advertising and content displayed on another device, and so that we may recognize and contact you on the various devices you may use. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Websites. If you would prefer not to accept cookies, most browsers will allow you to change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it, disable existing cookies or set your browser to automatically reject cookies. Please note that blocking or disabling cookies may negatively impact your experience using the Websites, as some features and services on our Websites may not work properly. Depending on your mobile device and operating system, you may not be able to delete or block all cookies. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.
We will employ reasonable precautions to protect personal information from loss, misuse and unauthorized access, disclosure, alteration or destruction. Such measures may include the use of password protection and restricting access to personal information to those with a legitimate purpose in receiving the information. We take reasonable steps to accommodate privacy preferences and help ensure that the personal information is reliable for its intended use, accurate, complete and current.
While we take reasonable precautions against possible security breaches of our Websites and records no website or Internet transmission is completely secure and we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur.
CHILDREN AND PRIVACY
When subscribing to our email newsletters or when entering information on our Websites in connection with an online sweepstakes, contest, survey, registration, product or service, we ask for users to state their age and/or birth date. We rely on our users to be truthful in responding to these questions. We do not knowingly collect personally identifiable information from children under the age of 13. We encourage users under the age of 18 not to submit personal information to us. The age of eligibility may be greater than 18 years of age when entering an online contest or sweepstakes as stated in the official rules of each such contest or sweepstakes.
COMMUNITY AND PUBLIC AREAS
Information posted to message boards and chat areas is available to the general public. Please use caution when posting any such information. Users under the age of 18 should be particularly careful not to provide any personally identifying information while using chat rooms or message boards. Users of chat areas and message boards must follow acceptable standards of behavior when posting messages online. We reserve the right to, but is not obligated to, refuse or delete any content that in our sole discretion is considered inappropriate.
LINKS TO OTHER SITES
CALIFORNIA CONSUMER PRIVACY ACT
Effective January 1, 2020, if you are a California resident, you have expanded rights regarding the collection and disclosure of information about yourself as part of the California Consumer Privacy Act of 2018 (CCPA).
Only you or your authorized representative may make these requests. You may make requests for data disclosure or portability no more than twice in a 12-month period. In your request, you must provide enough information to allow us to verify you are the person about whom we collected personal information, or their authorized representative. You must also describe your request with enough detail so that we can understand, evaluate and respond to it. We can’t respond to your request if we can’t verify your identity. Making such a request does not require you to create an account with us, and we will only use the information you provide in a request to verify your identity. Authorized representatives must provide a signed, written permission to make such requests or power of attorney. You may also make a request on behalf of your minor child.
If you have questions about any of these rights, please call us at 1-877-203-2262.
We will not discriminate against you for exercising any of your CCPA rights.
Information We Collect. Below are the categories and examples of information we collect, along with how we use that information. Unless otherwise noted, we collect this information from our users, customers and service providers. Unless otherwise noted, we use this information to enable use of our sites, services and products; to communicate with you; to understand how users interact with our site; and to improve our products and services. Unless otherwise noted, we may share this information with our service providers.
Identifiers such as name, mailing address, IP address, email address or account name. We may generate these identifiers internally, such as a Crown Rewards membership number.
Personal information categories such as name, signature, address or phone number. (Information in this category may overlap with other categories.)
Protected classification characteristics including age, gender, race, ethnicity, religion, marital status, and veteran/military status.
Internet/network activity, such as browsing history, search history, banners you click, and pages you visit on our site.
Commercial information such as what you purchase or consider purchasing from us and other requests you make. This information allows us to complete those transactions and deliver your orders in a timely manner.
Geolocation data, such as the location of your computer or mobile device. This helps us show you the nearest stores to your location.
Sensory data such as audio, electronic, visual or similar information.
Inferences drawn from other personal information may be generated internally. These inferences may include preferences, characteristics, predispositions and behaviors, and are used to help us provide you more relevant products and services and provide a better experience on our website and apps. We do not share this information.
We will not collect additional categories of personal information or use it in materially different purposes without providing you notice. Your personal information may be shared with third parties for business purpose (“service providers”). Service providers are required to keep the personal information confidential and not use it for any purpose other than what is specified in what is outlined in our contract with them.
Right to Know. In accordance with the CCPA, you have the right to know what information we have collected about you. You can request us to disclose this personal information no more than twice in a 12-month period. This information will be provided in an accessible format that allows you to transmit your data from one entity to another.
Do Not Sell. In accordance with the CCPA, if you are 16 years or older, you have the right to opt-out of the sale of your personal information. Consumers who we know are under 16 are already opted-out of this sale of information, unless they have specifically exercised their right to opt-in. A parent or guardian must provide an opt-in for consumers less than 13.
Crown Media does not now, nor have we in the past, sell consumer information to third parties for financial gain. What we sometimes do is to track your device by sending non-identifying information to partners, who then use it to provide you relevant marketing messages. When we do this, your personal information (name, phone number, etc.) is not shared with them.