Please note, however, that the Site may contain links to, or advertisements for or about, other websites. Except if and as expressly indicated on those other websites, Platinum does not endorse or sponsor any other website, is not responsible for the privacy practices or the content of those websites, expressly disclaims any statements or assertions made on such websites, and denies all liability associated with your use of, and the content on, those websites and/or advertisements.
3.0 Age Requirement. The Site complies with the United States Children’s Online Privacy Protection Act (“COPPA”) and is neither aimed at nor intended for children under thirteen years of age. If you are under thirteen, you must not use the Site; and if you are over thirteen, but are still a minor, you may use the Site ? but only with the supervision of your parent or legal guardian. The Site does not accept registration from children under the age of thirteen, and no PII is purposefully or knowingly collected by Platinum from children under that age without the consent of the child’s parent or legal guardian. If Platinum discovers that a child under the age of thirteen has provided it with PII, Platinum will promptly use commercially reasonable efforts to delete that child’s PII from its system. Every user of the Site hereby promises and agrees that all information he or she provides, including his / her age, is and shall be entirely truthful and correct.
4.0 Information Platinum Collects: To provide Site visitors with information relevant to their particular desires, needs and/or interests, Platinum may ask you to provide it with information regarding your interests, demography, and/or other PII. Providing it with PII about yourself is voluntary ? if you chose not to provide it, you may not be able to take advantage of (or participate in) certain of the Site’s features and offerings. Platinum actively and passively, directly and indirectly, gathers, analyzes and/or stores PII and other information, including by way of the following: the PII voluntarily submitted by Site visitors when using or registering to use or receive Platinum’s services or offers; the PII Site visitors voluntarily provide when participating in a contest, sweepstake and/or other promotion; the PII visitors voluntarily provide when buying or ordering merchandise through the Site; and by tracking and analyzing online and mobile data and activity through mechanisms that identify site usage, browser types, IP addresses, and other data.
5.0 How Platinum Collects Information: When your computer or mobile device contacts Platinum’s web servers, those web servers automatically collect certain usage information. Such usage information includes information about how the Site’s visitors use and navigate the Site, and can include the number and frequency of visitors to each web page and the length of their stays, browser type, referrer data that identifies the websites visited prior to and after visiting the Site, and IP addresses. It also may determine the most appropriate version of a web page, e-mail, advertising or promotional announcement, or similar service. This information is used to analyze and improve the Site and your experience at and with the Site.
5.2 Flash Player. The Site enables the use of the Adobe Flash Player (“Flash Player”). The Flash Player is used by the vast majority of websites that offer video and other interactive content. By default, your use of the Flash Player generates “persistent identification elements” and “local shared objects.” The Flash Player (and similar applications) use flash cookies to remember user settings, and preferences and usage history similar to the browser cookies referenced above; but flash cookies can store more information than browser cookies and are managed through a different interface than the one provided by your web browser. If you do not allow flash cookies to occupy any disc space on your computer’s hard drive, you may not be able to take advantage of or participate in certain features on the website.
5.3 HTML. HTML is the mark-up language used for the World Wide Web. HTML5, the latest version of the mark-up language, allows your response to advertising and other activities to be monitored across websites and for such information to be stored on your computer or mobile device. Technology solutions that allow users to opt-out of or block this sort of tracking are being developed through browser add-ons and other tools.
5.4 Web Beacons. The Site and/or Platinum’s e-mail messages may contain a web beacon or a pixtel tag (collectively, “Web Beacons”), which allow Platinum to monitor and collect certain limited information about its users. Platinum may use Web Beacons to count visitors to the Site’s pages or to monitor how users navigate the Site, and it may include Web Beacons in e-mail messages to count how many of those messages were actually opened or acted upon. Platinum will in any event use Web Beacons to aggregate accurate statistics about the Site and its marketing campaigns.
5.5 IP Address. An IP address is a number that is assigned to your computer or network when you are linked to the Internet. When you request pages from the Site, Platinum’s servers log your IP address. Platinum may use your IP address for a number of purposes, including system administration, to report aggregate information to its business partners, or to otherwise audit use of the Site. Platinum may also associate your IP address with the PII you provide, and may collect and store information about you that it receives from other websites.
7.1 Contests. If you choose to enter a contest or other promotion, your PII will be disclosed to one or more third parties (as Platinum is unlikely to be directly conducting that contest or other promotion). Also, when entering same, Platinum or a third party may require you to consent to the use of your PII or other information, such as name, voice or likeness, in advertising, promotional and marketing materials.
7.3 Government Authorities and Legal Rights. Platinum may disclose non- identifying, aggregated user statistics to third parties, and it may also release information about Site users, including PII, when legally required to do so, at the request of governmental authorities conducting an investigation, or to verify or enforce compliance with the policies governing the Site and applicable laws. Platinum may also disclose such user information whenever it believes disclosure is necessary to protect the rights, property or safety of Platinum, or those of any of its affiliates, business partners, customers or others.
8.0 Opting Out
8.1 Platinum. You will have an opportunity to unsubscribe from promotional materials from Platinum by clicking on an “unsubscribe” link contained in each promotional email Platinum sends to you. You may continue to receive some offers after you unsubscribe because mailing lists are generally prepared far in advance of an email’s dispatch. Plus, even if you are removed from Platinum’s list(s), if you order online, Platinum will send you an email confirming your order and may need to contact you by phone, email, or regular mail with questions about your order.
8.3 ProcessingTime. If you do not exercise your opt-out choices upon registration or otherwise at the time the PII is provided, it may take some time to process your opt-out choices. Platinum’s systems require time to update, and promotional mailings using PII shared before your opt-out election may already be in process. Accordingly, your PII might continue to be shared with third parties for promotional purposes for a period after you make your request. For similar reasons, if your PII is
shared with a third party, Platinum largely or completely loses control over how that information is used. Thus, even after you have opted out of allowing Platinum to share your PII, you might continue to receive promotional materials from third parties unless and until you duly register your opt-out request with each third party in question.
9.0 California Residents. California residents are entitled once a year to request and obtain certain information regarding Platinum’s disclosure, if any, of personal information to third parties for their direct marketing purposes during the immediately prior calendar year. Platinum complies with this law by offering Site visitors the ability to instruct it not to share the visitor’s personally identifiable information with third parties for direct marketing purposes. To make such a request, consistently exercise your opt-out choice whenever you provide PII to Platinum or send contact Platinum in writing at the address set forth below. You must identify “PlatinumStudios.com” as the subject line, and include your full name, e-mail address, and postal address in your message.
12.0 Arbitration. By using the Site in any way, you unconditionally consent to and agree that:
12.2 Arbitration Agreement. This arbitration clause is itself an agreement between you and Platinum that is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”).
12.3 Situs. The arbitration shall be held in Los Angeles, California.
12.5 Governing Laws. The arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor privileges recognized at law.
12.6 No Class Actions. There shall be no authority for any claims to be arbitrated on a class or representative basis (that is to say, arbitration can decide only your and/or the applicable Platinum Entity’s respective claims). The arbitrator may not consolidate or join the claims of any third party similarly situated.
12.7 No Punitive Damages. The arbitrator shall not have the power to award punitive damages against you or any Platinum Entity.
12.8 Cost-prohibitive Fees. If the administrative fees and deposits that must be paid to initiate arbitration against any Platinum Entity exceed $250 USD, and your are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Platinum agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive (as compared to the costs of litigation), Platinum will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
12.9 Invalidity, Unenforceability, Illegality. With the exception of Section 12.6 above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed according to its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, Section 12.6 above is found to be invalid, unenforceable or illegal, then the entirety of this arbitration clause shall be null and void, and neither you nor Platinum shall be entitled to arbitrate a dispute.
Scott M. Rosenberg Chief Executive Officer Platinum Studios, Inc. 2029 S. Westgate Avenue Los Angeles, California 90025 Tel: (310) 807-8100 Fax: (310) 887-3943 E-Mail: firstname.lastname@example.org
Last Revised: July 17, 2011