WHO WE ARE
REGARDING CHILDREN UNDER 13 YEARS OF AGE
YOU MUST BE 13 YEARS OF AGE OR OLDER TO REGISTER WITH OUR SITE. PLEASE DO NOT REGISTER IF YOU ARE UNDER 13 YEARS OF AGE. There are certain web pages within our site that require users to be at least 13 years of age. This may mean that you will be unable to participate in some activities on the site. Pinnacle Peak does not knowingly collect or solicit personal information from a child under the age of 13. In the event we learn that we have collected personal information from a child under age 13, we will delete that information. If Pinnacle Peak is notified or discovers that a child under the age of 13 has improperly registered on this site, we will immediately cancel the child’s membership/account/sweepstakes entry and delete any personal information relating to that child.
SPECIAL NOTE TO PARENTS
Parents should supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also prevent children from disclosing online their name, address, and other personal information without parental permission.
INFORMATION THAT WE COLLECT
1. Information you give us.
We may collect and process personal information relating to you if you provide such personal information by filling in forms on our site or by you contacting us. This includes, but is not limited to, information provided at the time of registering to use (or become a member of) our site, subscribing to any services (for example, email or SMS newsletters), purchasing downloads or other products, posting material, or requesting further services.
Some information may automatically be collected as you browse our site. Our web server automatically collects information known as “clickstream data,” which may include the following information: The domain name of the service providing you with Internet access, the Internet protocol (IP) address used to connect your computer to the Internet, your browser type and version, your operating system and platform, the average time spent on our site, pages viewed, information searched for, access times and other relevant statistics.
In addition, we may use ‘cookies’ to collect information relating to your general Internet usage. This information may include IP-addresses, browser version, number of visits and similar such information relating to your navigation of the Internet and our site. A ‘cookie’ is a small text file that is placed on your computer’s hard drive. Cookies help us to improve our site and to deliver better and more personalized service by storing information about your preferences and allowing us to recognize you when you return to our site. You may at any time refuse to accept cookies by activating settings on your Internet browser. However, please note that if you select such settings you may be unable to access certain parts of our site.
Certain pages on our site may also contain “web beacons” (also known as Internet tags, pixel tags or clear GIFs). Web beacons may allow third parties to obtain non-personally identifiable information such as: The IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by the third party. We use log files to store the data that is collected through web beacons.
HOW WE USE YOUR INFORMATION
We use the information collected from our site in the following ways:
To ensure that content from our site is presented in the most effective manner for you and for your computer.
To provide you with information, products or services that you have requested from us (or third parties, where appropriate) or which, based on your preferences or use, we feel may interest you.
To carry out our obligations arising from any contracts entered into between you and us and, as permitted by law, to perform credit checks, report or collect debts owed, or protects our rights or property, our site, or its users.
To measure the use of our site and to administer and improve our site. For example, we use clickstream data, web beacons and cookies only in the aggregate for these purposes. Any sharing of such data with unrelated third parties is on an anonymous basis. When we collect personal information, we may extract some of the information, such as demographic information and combine it with other information, such as clickstream data. This combined information is used and analyzed only at an aggregate level to help us or third parties understand trends and patterns.
To notify you about changes to our service.
To allow you to participate in interactive features of our service, when you choose to do so, including:
Blogs and forums: We ask each visitor who wishes to participate in blogs and forums on this site to provide an email address along with the visitor’s screen name to access these functions. Except for the uses described in the paragraphs above, all such email addresses are used only to protect the security and integrity of the site, such as to take action against visitors who post inappropriate material or harass other visitors. You are responsible and are deemed to have consented to disclosure if you post your email address, or other identifying information or content, to a publicly viewable interactive site application such as a blog or forum.
Contests: For contests conducted on our site, we use the personal information you provide only for the purpose of contacting you if you win a prize and sending the prize to you. We do not use contact information contained in contest entries to create mailing lists or for any other purpose without your consent. All contests that are held on this site are limited to persons above a certain age. Accordingly, we ask each contestant to provide year of birth, as well as name, address, and e-mail address. If the year provided indicates that the contestant is underage, the information submitted is deleted. Please refer to the specific age requirements for each contest as rules may vary from contest to contest.
We do not sell, rent, or otherwise provide your personal information to third parties for marketing purposes unrelated to this site.
WITH WHOM WE SHARE YOUR DATA
Subject to the other terms of this Policy, and where appropriate, we may share your personal information with the following:
1. Producers and partners
Personal information collected on this site may be shared with the Picture’s Producer(s), or any service providers contracted to operate this site, or those contracted to perform promotional and marketing activities on behalf of Pinnacle Peak. These contractors have agreed with us to use personal information of site visitors only for the purposes of carrying out these operations and/or activities.
2. Other third parties
We may transfer, sell or assign any data, including personally identifiable data, to third parties in connection with the sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation of Pinnacle Peak, any of its affiliates, or part of any of them.
We may share with others, at our discretion, certain aggregate statistical data about purchases and the use of our content, which data may include demographic data such as the age range and/or geographic location of groups of users. No personal information (such as names or email addresses) will be identifiable from such statistics.
3. Special Circumstances
We may disclose personal information as we believe to be necessary or appropriate: (a) to comply with applicable laws; (b) to respond to a valid subpoena or other requests from government authorities or agencies (including authorities outside of the US, if necessary); (c) to protect the rights, privacy, safety or property of the Picture’s owner(s), Pinnacle Peak, or others we deem necessary; (d) to assist law enforcement officers or government agencies.
YOUR RIGHT TO OBTAIN, CHANGE OR REMOVE YOUR INFORMATION
You can opt out of receiving any further messages from Pinnacle Peak or anyone with whom we share your data (as described above) at any time by following the unsubscribe instructions in any message sent to you. If you wish to delete your account for one of our websites you can send an email to: info@pinnaclepeakpictures.
We endeavor to use industry standard technology and security features to protect personal information from unauthorized access or misuse. Unfortunately, the transmission of information via the Internet cannot be guaranteed to be completely secured. Any transmission is therefore made at your own risk.
Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access. We use current industry standard technology to maintain the confidentiality and accuracy of the personal information you provide to us. We periodically review our security measures to ensure the security of your information. However, we cannot guarantee that any information you submit to us will be free from unauthorized third party intrusion.
Where appropriate we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share the password with anyone.
In the event that Pinnacle Peak becomes aware that non-public personal information is compromised, we will promptly notify our customers in compliance with applicable law.
INTERNATIONAL USERS AND CROSS-BORDER TRANSFERS
This site is operated in the United States. Your personal information may be collected, stored and processed in the U.S. or any other country in which Pinnacle Peak or its affiliates, partners, or service providers maintain facilities. By using this site, you consent to the transfer, processing and storage of your information in jurisdictions that may have different privacy laws than the country in which you reside.
THIRD PARTY COOKIES
Third party partners may generate some advertisements on this site. These third parties may use their own “cookies” to track how many unique users have seen, or click on, a particular advertisement. These cookies cannot be used to identify you as an individual, and are used only for statistical purposes or, for example, to provide advertisements that are more relevant to your preferences.
Pinnacle Peak is not responsible for third party cookies, other than allowing them to be served via our websites. However, we may use statistical information arising from these third party cookies that is provided to us, if at all, by such third parties to improve the targeting of advertisements to users (see also ”What information we collect” above). If you wish to block third party cookies, you can do so at any time in your browser’s security settings.
10.2 Governing Law; Consent to Jurisdiction and Venue; Waiver of Jury Trial; Confidentiality.
This Agreement, and all transactions contemplated hereby, shall be governed by, construed, and enforced in accordance with the laws of the State of California without regard to principles of conflict of laws. In connection with any controversies or disputes arising hereunder, the parties irrevocably consent to the sole and exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona, and agree to submit to the personal jurisdiction and venue of such courts. Where allowable by law, each of the parties hereto irrevocably waives all right to trial by jury in any proceeding arising out of or relating to this Agreement. The parties further agree to not make any statements of any type to the trade, the media or members of the public regarding any controversy, dispute, or proceeding between them, or reasonably related hereto, breach of this provision entitling Company/Distributor/Studio at its election to equitable and injunctive relief as well as money damages to the maximum extent allowable by law. The prevailing party in any action or proceeding shall be entitled to prompt reimbursement of its actual, reasonable and verifiable legal fees and costs and other expenses.
10.2 Governing Law; Consent to Jurisdiction and Venue; Waiver of Jury Trial; Confidentiality.
This Agreement, and all transactions contemplated hereby, shall be governed by, construed, and enforced in accordance with the laws of the State of Delaware without regard to principles of conflict of laws. In connection with any controversies or disputes arising hereunder, the parties irrevocably consent to the sole and exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona, and agree to submit to the personal jurisdiction and venue of such courts. Where allowable by law, each of the parties hereto irrevocably waives all right to trial by jury in any proceeding arising out of or relating to this Agreement. The parties further agree to not make any public statements of any type to the trade, the media or member of the public regarding any controversy, dispute, or proceeding between them, or reasonably related hereto, breach of this provision entitling Company/Distributor/Studio at its election to equitable and injunctive relief as well as money damages to the maximum extent allowable by law. The prevailing party in any action or proceeding shall be entitled to prompt reimbursement of its actual, reasonable and verifiable legal fees and costs and other expenses.