Film Movement ("FM") is firmly committed to protecting the privacy of each and every user.
FM occasionally must request that a user provide it with some personal information necessary to fill an order, send the user important messages, and personalize a user's shopping experience.
However, by using the Site (as defined in the Terms and Conditions of Participation), each user consents to FM's collection and use of personal information in the following manner:
- When opening an account with FM, a user must provide his/her name, mailing address, phone number, email address and password. With the user's consent, FM may use this information to contact the user about new releases, bargains and special promotions or giveaways. The user may remove him/herself from FM's mailing list at any time by sending the appropriate email.
- When purchasing an item, FM will require the user's shipping address, billing address and credit card number and expiration date. This information allows FM to process and fulfill the order, and to notify the user of the order's status.
- If the user desires to send information about a FM product to a friend over the Internet, FM will require the friend's email address in order to process this request. FM will not disclose this email address to other parties or send promotional emails to this other address.
- When a user participates in a FM contest or promotional event, FM will require the user's name, mailing address, email address or other relevant personal information so that it can administer the contest and notify winners.
- FM collects general demographic information about its users and shares it with advertisers and business development partners.
- If a user posts a customer review, FM collects the information that is posted.
- If FM receives an email with questions, suggestions or comments, it will collect the sender's email address so that it may respond.
- If a user's order is to be shipped to another address as a gift, FM will need the recipient's name, mailing address and phone number (optional) to fulfill the order.
- When a group or organization, like a film-festival, chooses to become affiliated with FM, it must provide FM with information about the membership of the group or organization.
- Some of the foregoing types of information are used by FM internally to improve how the Site benefits its users.
- If FM is required by law, in the form of a judicial order, judgment or subpoena, or it is necessary to enforce, protect or apply FM's contractual or proprietary rights, it may release such information as is required.
- FM also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement, officials, regulators or other third parties. In order to cooperate with governmental requests, to protect FM's customers, or to ensure the integrity and operation of FM's business and systems, FM may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addresses and traffic information, usage history, and posted content.
LINKS TO OTHER WEBSITES AND SERVICES
The Site may contain links to partners, advertisers and third-party Websites and services that may collect data in connection with sweepstakes, promotions, e-commerce, etc. Each such link may have separate privacy and data collection practices, independent of FM. FM has no responsibility or liability for these independent policies or actions, and is not responsible for the privacy practices or the content of such sites.
FM is not responsible for, and makes no claims with respect to, the quality, reliability, availability, content or accuracy of any other websites or pages linked via this Site, including advertisements for any products or services available thereon.
To the extent that portions of this Site contain links to non-FM websites and outside products, services and resources, all relationships arising there from are between the users and outside providers and do not involve FM. Any concerns about such products, services or resources should be directed to the particular outside provider. FM does not endorse any such outside providers. When leaving this Site, please be aware that these Terms and Conditions of Participation and other policies no longer govern.
FM uses a web browser feature called a "cookie" to assign a unique identity to each user's computer. Cookies are files that a web browser places on the hard drive of user's computer. FM's cookies enable it to provide features such as welcoming the user by name, storing items between visits, and setting up other preferences that the user establishes during each visit to the Site.
Most web browsers automatically accept cookies, but a user can usually change his/her browser's settings to block them.
A unique number called an IP address identifies every computer on the Internet. If a user has a static IP address, he/she gets the same number each time he/she connects. If a user has a dynamic IP address, a number is assigned from a pool of addresses maintained by the user's ISP (Internet Service Provider) on a first-come basis. FM only uses the user's IP address to help diagnose problems with its server, to administer its Site, and to gather basic demographic information.
Examples of other types of automated information FM may collect include, without limitation, connection information, such as, browser type and version, operating system, and URL click stream.
The Site uses a variety of security measures to maintain the safety and security of your personal information. All user contact information is contained behind secured networks and is accessible only by a limited number of employees who have agreed to comply with all of FM's privacy and security policies. Passwords and credit card numbers are encrypted in FM's secure database, which is also located behind secured networks. All credit card information supplied by users is transmitted via Secure Socket Layer (SSL) technology and then encrypted in FM's databases as stated above. Please be sure that your web browser is SSL-enabled. You should always upgrade your web browser software to the latest versions for optimum security.
FM is not the agent, fiduciary, trustee or other representative of the user. Nothing expressed or mentioned in or implied from this Terms and Conditions of Participation is intended or shall be construed to give any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Terms and Conditions of Participation.
FM may employ other companies to perform certain functions on its behalf such as using a shipping company to deliver a user's order or using a processing company to authorize and verify a user's credit card. These companies have access to such user information as is necessary to perform their task.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR MADE A PART OF THIS SITE, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL ISSUES. ALL PRODUCTS AND SERVICES PURCHASED ON THIS SITE ARE SUBJECT ONLY TO THE WARRANTIES (IF ANY) FROM THEIR RESPECTIVE MANUFACTURERS OR OTHER SUPPLIERS, AND YOU AGREE THAT FM HAS NO LIABILITY TO YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FM, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES AND ASSIGNS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING FROM THE USE OF THIS SITE, ITS CONTENT, PRODUCTS OR SERVICES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE YOU AGREE THAT FM'S MAXIMUM LIABILITY TO YOU SHALL BE LIMITED TO THE AMOUNT IT RECEIVED FROM YOU WITH RESPECT TO THE TRANSACTION THAT GAVE RISE TO THE CLAIM.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEM YOU MAY ENCOUNTER WITH THIS SITE OR ITS CONTENT IS TO DISCONTINUE YOUR USE OF THE SITE.
In the event that you have a dispute with one or more users, you release FM (and its officers, directors, employees, parents, subsidiaries, affiliates, agents, representatives and assigns) from any and all claims, demands and damages (compensatory, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected and disclosed and undisclosed arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code ß1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Any controversy or claim arising out of or relating to these Terms and Conditions of Participation, or FM's products or services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in New York, New York. You voluntarily consent to the personal jurisdiction of New York for purposes of arbitration. Any judgment on the arbitration award may be entered in any court having jurisdiction thereof.
NOTICESAll notices in connection with these Terms and Conditions of Participation should be sent in writing to FM at:
Attn: Customer Service
109 West 27th Street
New York, NY 10001
These Terms and Conditions of Participation and any other policies or guidelines on the Site are incorporated herein by reference constitute the sole agreement between us with respect to the subject matter hereof. This Site is created and controlled by FM in New York, NY, USA. The laws of New Jersey will govern these Terms and Conditions of Participation, without giving effect to its conflicts of laws principles. If any provision hereof is held to be invalid or unenforceable, the other provisions hereof shall be enforced. Headings are for reference purposes only and in no way define or limit the scope of a section. Any failure by FM to act with respect to a breach by you will not waive FM's right to act with respect to subsequent or similar breaches. These Terms and Conditions of Participation shall be binding on and inure to the benefit of each of our respective successors and permitted assigns.
A printed version of these Terms and Conditions of Participation and of any changes thereto shall be admissible in judicial or administrative proceedings based upon or related to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
This Terms and Conditions of Participation, along with the application for membership to FM, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.
FM reserves for itself all rights, titles, and interests not expressly granted under this agreement.