ALL JACKED UP - privacy policy

Vending Machine, LLC ("VM"), has implemented this Privacy Policy, which describes how we collect, use and share personally identifiable information ("PII") we obtain from and about individuals located in the U.S.

From time to time VM may revise this Privacy Policy to reflect changes in the law, technology or industry initiatives. Therefore, you should review it periodically so that you are up to date on our most current policies and practices.

1. COLLECTION - COLLECTION OF PERSONALLY IDENTIFIABLE INFORMATION ("PII") BY VM:

(a) General: VM collects personally identifiable information ("PII" -- that is, information such as your full name, email address, mailing address or telephone number) only in order to create or enhance our relationship with you. When we collect PII from you it is because you are voluntarily submitting the information to us in order to participate in activities like sweepstakes, contests, games, surveys, forums, subscription registrations, content or suggestions you submit to us, chats or bulletin boards, or because you want us to furnish you with products, services or information. On those occasions when we obtain PII from a third party, we use only reputable sources of such information.

(b) Cookies: Cookies are small bits of information that the Internet sites operated by VM place on the hard drive of your computer. Cookies remember information about your activities on our site(s) and enable VM to make your visits to our site(s) more enjoyable. For example, cookies can store your password for easy log-on to a site you have previously visited, can save your preferences for a personalized home page or can track the items you have placed in your "shopping cart" during a visit to our online store. The cookie itself does not contain PII.

VM may use cookies to relate your use of our web site(s) to PII you have submitted to us. For example, if you've asked us to send you information about our upcoming products or promotions, cookie information may allow us to limit the materials we send you to items we know you will find interesting, based on your prior online activities and preferences. By submitting your information to us, you are expressly agreeing that we may coordinate personal and cookie or other clickstream information in this manner (i.e., you have "opted in").

You can program your computer to warn you each time a cookie is being sent or to refuse cookies completely. However, without cookies you won't have access to certain features on VM's web site(s), such as personalization of site content.

2. NOTICE - VM WILL PROVIDE YOU WITH NOTICE ABOUT ITS PII COLLECTION PRACTICES:

When VM collects PII from you, we will make sure you are informed about who is collecting the information, how and why the information is being collected and the types of uses VM will make of the information.

This Policy describes the types of other companies that may want to send you information about their products and services and therefore want to share your personal information (See "Use" below). However, at the time your PII is collected, VM will notify you of your options regarding our use of your PII, including whether we can share it with outside companies (See "Choice" below).

Sometimes we collect PII from consumers in manual format, such as a post card or subscription form. Providing detailed notice in those situations often proves impractical, so consumers will instead be provided with a short notice that describes how to obtain the full text of this Policy and other relevant information from us.

VM's web site(s) may be linked to Internet sites operated by other companies. Although we choose our business partners carefully, VM is not responsible for the privacy practices of web sites operated by third parties that are linked to our site[s] or for the privacy practices of a third party. Once you've left a VM site via such a link, you should check the applicable privacy policy of the third-party site to determine how they will handle any PII they collect from you.

VM's web site(s) may also be linked to sites operated by companies affiliated with VM. Visitors to those affiliated sites should still refer to their separate privacy policies and practices, which may differ in some respects from this Policy.

3. CHOICE - VM WILL PROVIDE YOU WITH CHOICES ABOUT THE USE OF YOUR PII:

VM will provide you with the opportunity to choose whether your PII may be used for purposes different from the purpose for which it was submitted. You will also be able to choose whether your information is shared with companies that are not affiliated with VM (i.e., not a part of VM or its parent company Blockbuster).

4. USE - VM'S USE OF PII:

VM will use your PII in a manner that is consistent with this Policy and only for the purpose for which it is submitted, unless other uses are disclosed at the time of collection and you allow us to use your information in these other ways.

VM may share your PII with companies that are affiliated with us. VM may also share your PII with companies that are not affiliated with VM, but would like to send you information about their products and services. However, you will always have the opportunity to instruct us not to share your information with third parties at the time of collection.

VM employees, agents and contractors must have a legitimate business reason to obtain access to your PII. Outside contractors or agents who help us manage our information activities (i.e., sweepstakes administration, order fulfillment, statistical analyses) may only use PII to provide VM with a specific service and not for any other purpose.

If VM obtains PII from a third party, such as a business partner, our use of this information is governed by this Policy.

VM may be required to disclose PII to comply with legal requirements, such as a court order, and to protect the safety and security of visitors to our web sites.

5. SECURITY - VM PROTECTS THE SECURITY OF PII:

VM uses reasonable administrative, technical, personnel and physical measures to safeguard PII in its possession against loss, theft and unauthorized use, disclosure or modification. In addition, VM uses reasonable methods to make sure that PII is accurate, up-to-date and appropriately complete.

6. ACCESS - HOW TO ACCESS, CORRECT OR DELETE YOUR PII:

Visitors may review or delete personal information from our records. If you would like your personal information deleted, please . We will immediately delete your information from our database. However, there may be residual information that will remain within our databases that may or may not contain PII. This residual information will not be given to any other third party or used for any commercial purpose.

7. REMEDIES AND COMPLIANCE - HOW TO CONTACT VM ABOUT PRIVACY CONCERNS:

If you have any issues or complaints regarding this Privacy Policy, please contact:

We at VM understand that the Internet presents an opportunity for us to reach the public in new and exciting ways with information about our programming, fun games, exciting sweepstakes and contests, email, chat rooms, bulletin boards and other forms of interactivity. VM also recognizes the privacy concerns of parents, and the importance of protecting the privacy of the information collected from children at the website ("Site"). Parents of children who visit this Site can be confident that any personal information that may be provided to this Site will be collected and maintained in accordance with the Children's Online Privacy Protection Act ("COPPA"). VM encourages parents to supervise their children's activities online and to participate with their children's online activities whenever possible. However, we understand that parents may not always be able to supervise their children's activities on the Internet. That's why VM has developed a Site that parents can feel is safe for their children and kids will find informative, educational and fun! Because there's always room for improvement, VM welcomes any suggestions on how to make the Site a better, safer place to visit.

2. COLLECTION AND USE OF PERSONALLY IDENTIFIABLE INFORMATION ("PII") FROM CHILDREN UNDER 13:

When a visitor to our Site is under the age of 13, VM does not require the disclosure of more PII than is reasonably necessary for him or her to participate in an activity as a condition of such participation.

VM may use different types of PII submitted to this Site by children under 13 in a variety of ways, which are described below. In each instance, we comply with the parental consent requirements of COPPA.

(a) Use of a Child's Information by VM:

(i) We may collect a child's email address in connection with a contest, sweepstakes or game for the sole purpose of communicating with the child on a one-time-only basis (i.e., to contact a sweepstakes winner). This information will not be used to re-contact the child, and will be deleted from our records when the contest or game is over. Parental consent is obtained before we send the winner a prize.

(ii) We may collect a child's email address in order to respond more than once to a child's specific request. For example, the child may want to subscribe to an online newsletter or receive other online communications from VM. In these instances VM will also obtain a parent's email address along with the child's. Before any further contact with the child, VM will send an email to the parent (A) notifying him or her we have collected the child's email address in order to respond more than once to the child's request for a subscription, information, etc.; (B) informing the parent that he or she can refuse us permission to contact the child, and how to do so; and (C) informing the parent that if he or she does not respond to the email within one (1) week, VM may use the child's information for the purpose for which it was submitted. Under no circumstances will the child be allowed to participate without giving a parent's email address.

(iii) We may collect a child's PII (including name, email address, mailing address and phone number) for such activities as chats, forums, surveys, games, bulletin boards, requests for suggestions, subscription registrations, content submissions, requests for products or services, or requests for additional information. In these instances we will initially collect only the child's name and online contact information and the email address of the child's parent. Before using this information for any purpose, we will send the parent an email that (A) informs the parent that we wish to collect and use the child's personal information and need the parent's consent to do so, and (B) provides the parent with a link to access this Privacy Policy, which describes our information collection and use policies as required by COPPA. VM will ask the parent to provide consent by return email. Upon receipt of the email consent, we will send the parent a confirming email. VM will only use the child's PII for internal purposes and will not share it with any third party.

(iv) We may collect a child's name and email address to the extent reasonably necessary to protect the security of this Site, to protect against liability or as required or permitted by law. Information collected for these reasons will not be used for any other purpose.

(b) Sharing Children's Personal Information with Third Parties: Parents must affirmatively consent to the disclosure of their child's personal information to any third party, including VM-affiliated companies that are not part of VM. Parents may consent to VM's collection and use of a child's personal information without consenting to the disclosure of the information to third parties.

3. LINKS/CO-BRANDED SITES:

This Site may link directly to sites operated by VM's advertisers, business partners and affiliated companies. Those sites, which are not controlled by VM, may collect personal information from your child. Parents should therefore check the relevant site's privacy policy to understand how it collects and uses children's personal information. VM will not share any personal information obtained by another site from a child under the age of 13 unless that site follows the requirements of COPPA.

4. REVIEWING AND MAKING CHANGES TO PII COLLECTED FROM CHILDREN UNDER 13:

Parents of children under age 13 may review or delete personal information about their children from our records at any time. If you would like your child's personal information deleted, please . We will immediately delete your child's information from our database and refrain from collecting any other PII from your child, if you so request.

TERMS & CONDITIONS:

Please read these terms of use carefully before using this site. If you do not agree with any of the below Terms of Use, please do not use this site. This site is governed by a Privacy Policy which can be found herein. Some sections of the site may have additional privacy practices which are described in detail at those specific locations. VM reviews its Privacy Policies periodically and reserves the right to make revisions at any time. VM encourages parents and children to review the Privacy Policies often for changes. Participant's continued use of the site after a change has been to the policies of the site implies Participant's assent to those changes.

COPYRIGHTS, TRADEMARKS, & RESTRICTIONS TM and © 2008 VENDING MACHINE, LLC., AND RELATED ENTITIES ("VM"). ALL RIGHTS RESERVED. ALL MATERIALS CONTAINED IN THIS SITE, INCLUDING, BUT NOT LIMITED TO, IMAGES, ILLUSTRATIONS, AUDIO CLIPS, AND VIDEO CLIPS INCLUDING BUT NOT LIMITED TO TRAILERS, TV SPOTS AND ANY AND ALL AUDIO VISUAL MATERIALS (COLLECTIVELY “THE MATERIAL”) ARE PROTECTED BY COPYRIGHT AND TRADEMARK AND SHALL NOT BE USED FOR ANY PURPOSE WHATSOEVER OTHER THAN PRIVATE, NON-COMMERCIAL VIEWING PURPOSES. REPRODUCTION, DUPLICATION, DISTRIBUTION, DERIVATIVE WORKS, POSTING, AND OTHER UNAUTHORIZED COPYING OR USE OF THE MATERIAL CONTAINED HEREIN IS EXPRESSLY PROHIBITED.

VM grants Participant a non-exclusive, non-assignable, and non-transferable license to use and display, for personal and noncommercial use only, one copy of any material that Participant may download from this site, including, but not limited to, any files, codes, audio, or images incorporated in or generated by the software (collectively “Downloaded Material”) provided, however, that Participant maintains all copyright and other notices contained in such Downloaded Material. Participant acknowledges and agrees not to sublicense, assign, or otherwise transfer this license or the Downloaded Material. Participant also agrees not to alter, disassemble, decompile, reverse engineer, or otherwise modify the Downloaded Material. If Participant wishes to license any VM Material, including but not limited to, Material contained in this site, please contact the VM's Licensing Department.

If you believe that any material contained in this Site infringes your copyright, you should notify VM of your copyright infringement claim in accordance with the following procedure.

VM will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to the address above at VM

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

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 are 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. A 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;
6. A 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.

USER'S AGREEMENT AND RULES OF CONDUCT FOR VM SITE:

Use and participation in VM's Internet site is contingent upon Participant’s acceptance of the following terms and rules. By using this web site, Participant accepts these terms. For purposes of this agreement, "Participant" refers to you. "VM" refers to Vending Machine, LLC, its parent, subsidiary and affiliated companies.

1. RULES OF CONDUCT::

(a) Participant shall not post or transmit through VM any defamatory, threatening, obscene, harmful, pornographic or other material which would violate or infringe in any way upon the rights of others, or which would give rise to criminal or civil liability and/or violate federal or local law or regulation.

(b) Participant shall not upload, post or otherwise make available on the VM site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right.

2. SUBMISSIONS POLICY:

Notwithstanding the above, Participant hereby waives any and all rights to any stories, ideas, drawings, opinions, and any other creative “materials” posted to the VM site. Participant authorizes VM to utilize, in any manner it sees fit and for eternity, the materials posted on the site, which shall become the property of VM. Participant releases VM from any and all claims or liability (now known or hereafter arising) in connection therewith, and agrees to indemnify VM in connection therewith pursuant to the terms of Paragraph 3 below. Participant agrees and acknowledges that participation in the VM site shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual, or other special relationship between VM and Participant (other than the contractual relationship between VM and Participant entered into by virtue of Participant’s agreement to these Rules of Conduct.)

3. RIGHTS OF VM / DISCLAIMER OF LIABILITY:

(a) VM is a production company only (and not a publisher or distributor) of Guestbook content which is supplied by Participant with occasional responses from VM. VM shall not be responsible for policing, monitoring, or editing such content, exercises no more editorial control over such content than would a public library, bookstore, newsstand, or other distributor of content, and accordingly, shall not be responsible for exercising editorial control over such content. Notwithstanding the foregoing, VM shall have the right, but not the obligation, to monitor such content in order to respond to or comment upon communications by Participants and in order to determine compliance with the foregoing Rules of Conduct. VM shall have the right and sole discretion to edit, to refuse to post or to remove any content whatsoever which it finds to be in violation of the provisions hereof or which it finds in its sole discretion to be otherwise objectionable for any reason.

The opinions expressed in the chat rooms and bulletin boards are not necessarily (and in some cases not at all) those of VM. VM is not responsible for any materials provided by users which are deemed harmful or offensive to others. VM is not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided in these sections of the site.

(b) VM makes no warranties, express or implied, as to the content in the VM site or the accuracy or reliability of any information or statements contained therein. All statements, advice and opinions made by Participants in the Guestbook or Bulletin Boards are those of such Participants only, and VM neither endorses nor shall be held responsible for the reliability or accuracy of same.

(c) VM is not responsible for the content or practices of third party Web sites that may be linked to a VM site. This site may also be linked to Web sites operated by companies affiliated with VM. Visitors to those sites should refer to each site’s separate privacy policies and practices.

4. PARTICIPANT'S INDEMNIFICATION / OBLIGATIONS:

Participant agrees to defend, indemnify and hold harmless VM, its parent, subsidiary and affiliated companies and their respective directors, officers, employees and agents from and against all claims, losses, costs and expenses (including attorneys fees) arising out of Participant's use of VM sites, or arising out of any violation of these Rules of Conduct by Participant including, without limitation, any communication by Participant which is claimed to be defamatory, obscene or otherwise unlawful, which is claimed to violate the copyright, trademark, proprietary or other rights of third parties, or which constitutes a submission of materials.

5. TERMINATION:

6. MISCELLANEOUS:

This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. This Agreement shall be construed in accordance with the laws of the State of California, and parties consent to the jurisdiction of the courts in the Central District of California, Orange County, without regard to its conflict of laws rules.

The VM site contains neither expressed no implied warranties for use. VM does not warrant that the site will be without viruses or defects, and VM is not responsible for any repair or maintenance visitor's system may require as a result of using the VM site.

This site is operated by Vending Machine, LLC from its headquarters in Laguna Beach, California. Participants attempting to access this site from other locations do so of their own volition and shall comply with any applicable local laws governing interactive sites.