Terms of Use

BY ENTERTING1821PICTURES.COM (THE "SITE"), YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE THIRTEEN (13) YEARS OLD OR OLDER. By accessing and using the Site, or by clicking "I Accept" when signing up for a user account or contacting via our online email form us, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use ("Terms of Use") and the Privacy Policy referenced below ("Privacy Policy"). If you do not accept these Terms of Use and the Privacy Policy, you are not authorized to use this Site. We may modify these Terms of Use and the Privacy Policy at any time and such modification will be effective upon posting to the Site.

Introduction

Welcome to the 1821PICTURES.COM website (the "Site"). This Site is owned and operated by 1821 PICTURES ("1821 Pictures", "we", or "us"), in connection with our partners, service providers, sponsors, or other affiliates. Certain services of this Site are provided to you in conjunction with our service provider and its content providers, business partners, and other parties (collectively, "Service Provider").

Registration; User Names and Passwords

You may be required to register in order to access certain areas of the Site. To become a Registered User, you must be at least 13 years of age and have a valid, active U.S.-based e-mail address at the time of registration. To register you will be required to submit your full name, e-mail address (which must be a valid, active U.S.-based e-mail address), date of birth, country of residence, password, and user name ("User Name"); however, we caution you against using your full name for your User Name for privacy reasons. With respect to any such registration, 1821 Pictures may refuse to grant you, and you may not use, a User Name or e-mail address that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property rights of any person; that is offensive; or that 1821 Pictures rejects for any other reason in its sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or User Name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or User Name. You agree to immediately notify 1821 Picturesof any unauthorized use of your password or User Name or any other breach of security related to your account or the Site, and to ensure that you "log off"/ exit from your account with the Site (if applicable) at the end of each session. 1821 Pictures is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

Use of the Site

1821 Pictures grants you permission to use the Site limited as follows:

You must comply with all applicable laws, rules and regulations while using the Site; This Site contains material, such as software, text, graphics, images, video, audio, and other material (collectively referred to as the "Content"). The Content may be owned by 1821 Pictures or may be provided through an arrangement 1821 Pictures has with others, including other users of the Site, our Service Provider, and their partners, sponsors, or affiliates. The Content is protected by copyright under both United States and foreign laws. You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Use. No other use is permitted without prior written consent from 1821 Pictures or the owner of the Content. If you are granted written permission to use Content on the Site, you must retain all copyright and other proprietary notices contained in the original Content on any permitted copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose without written permission. The use or posting of the Content on any other website or in a networked computer environment for any purpose without written permission is expressly prohibited;
You are prohibited from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or any court order requesting or directing 1821 Pictures to disclose the identity of anyone posting or transmitting any such information or materials;
You are prohibited from using the Site to impersonate any person or entity, including any Site moderator or any of 1821 Pictures's representatives, or falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Site; or stating or implying that 1821 Pictures endorses any statement you make;
You are prohibited from using the Site to advertise or perform any commercial solicitation, or otherwise exploiting for any commercial purpose any portion of, use of, or access to the Site;
You are prohibited from using the Site to advertise or promote any brand or product of any kind other than brands owned by 1821 Pictures;
You are prohibited from using the Site to post or transmit any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
You are prohibited from using the Site to violate the legal rights of others or harvest or collect personally identifiable information about users of the Site;
You are prohibited from restricting or inhibiting any other person from use of the Site, and from interfering with or disrupting the operation of the Site or the servers or networks used to make the Site available or violating any requirements, procedures, policies, or regulations of such networks; and
You are prohibited from modifying, adapting, translating, reverse engineering, decompiling, or disassembling any portion of the Site. User Materials and Community Features

This Site offers opportunities for Registered Users to submit and post their own user content (collectively "User Materials"), including without limitation, posting of pictures and videos; participating in online chats; posting to user blogs; and posting to discussion forums (each, a "Community Feature"). The selection and availability of Community Features may change from time to time in our sole discretion.

By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Material in connection with the Site, whether solicited or unsolicited, you are granting 1821 Pictures and its Service Providers a royalty-free, fully paid, non-exclusive, sublicensable, transferable, irrevocable, perpetual, unrestricted, worldwide license to use, publish, transmit, perform, display, store, distribute, reproduce, modify, create derivative works from, and otherwise use any and all User Material for any purpose, including, without limitation, advertising and promotional purposes, in any media, now or hereafter known. No credit, approval or compensation is due to you for any such use of User Materials you may submit. 1821 Pictures and its Service Providers also have the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city and state in connection with broadcast, print, online or other use or publication of your User Materials. All User Materials become 1821 Pictures's and its Service Provider's unrestricted licensed property. You also hereby grant each user of the Site a non-exclusive license to access your User Materials through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Material as permitted through the functionality of the Site and under these Terms of Use. We or our Service Provider may maintain copies of any User Material for purposes of backup, security, or maintenance, or as required by law.

You acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to 1821 Pictures in User Materials may be used by 1821 Pictures anywhere, anytime, and for any reason whatsoever. You understand and agree that no confidential or fiduciary relationship is established between you and 1821 Pictures by providing User Materials. By posting content to a message board, you have not entered into any contract - express or implied - for 1821 Pictures to use or purchase the content, any intellectual property contained in the content (including but not limited to trademark, copyrights, and right of publicity) or any ideas, concepts, techniques, procedures, methods, systems, designs, plans, or charts.

You represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by 1821 Pictures will not infringe or violate the rights of any third party in any manner.

1821 Pictures may at is own discretion monitor, filter, and prescreen User Materials, and while 1821 Pictures and its designees reserve the right, but not the obligation, in their sole discretion to refuse, move, edit, or delete any User Materials without prior notice, in whole or in part, that is deemed to violate these Terms of Use or is otherwise objectionable, you agree to evaluate, and bear all risks associated with, the use of any User Materials, including any reliance on the accuracy, completeness or usefulness of such User Materials. You acknowledge that the Site is "public," and in addition to the license granted to 1821 Pictures, other users will have access to your User Materials and might copy, modify or distribute them.

In your use of any Community Feature, you agree that all User Materials uploaded, transmitted, distributed, or otherwise published in any form must comply with the following:

To submit User Materials, you must be a Registered User. To become a Registered User, you must be at least 13 years of age and have a valid, active U.S.-based mailing address at the time of registration.
You must follow all the general terms of use for the Site listed in the Use of the Site section above. Sometimes these submissions will be in connection with a contest or challenge ("Contest"). All User Materials submitted in connection with a Contest must comply with the Official Contest Rules applicable to such Contest.
The User Materials may not contain any trademarks or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others unless you have written permission from the owner (and, if requested to do so, can produce such written consent in a form and manner acceptable to us.)
The User Materials may not contain any copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies, or other media) unless you have written permission from the owner (and, if requested to do so, can produce such written consent in a form and manner acceptable to us.) The User Materials may not contain any look-alikes of any celebrities or other public or private figures living or dead or materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead. If any User Materials contain persons other than yourself, you must obtain express written consent to submit the User Material and allow it to be used in the manner contemplated by these Terms of Use from each and every person depicted in the photograph (and, if requested to do so, can produce such written consent in a form and manner acceptable to us). You represent and warrant for all your User Material that you are the sole and exclusive right owner of your User Material and you have the full and exclusive right, power, and authority to submit the User Material. If you do not own all of the intellectual property in your User Material (i.e. copyrights, trademarks, rights of publicity), then you represent and warrant that you have written permission from the owner to use the intellectual property in your User Material (and, if requested to do so, can produce such written consent in a form and manner acceptable to 1821 Pictures.) If your User Material appears to endorse 1821 Pictures or any of its products or services and/or imply any association with 1821 Pictures, you consent to such appearance or endorsement and/or association. If a third party appears to endorse, or be associated with 1821 Pictures or its products or services, you represent and warrant that you have obtained the express written consent of such third party to such endorsement and/or association (and, if requested to do so, can produce such written consent in a form and manner acceptable to 1821 Pictures.) The User Materials may not violate any law.
You may not post any personal identification, such as license plate numbers, personal names, e-mail addresses, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, or that is invasive of a person's privacy. You must not solicit personal information from anyone on the Site.
You must not post content that is sexually oriented, explicit or suggestive or exploits people in a sexual or violent manner.
You must not post any content that is unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional, or age group.
You must not post any content that harasses or advocates the harassment of another person.
You must not post any content that promotes the illegal use of alcohol, drugs, or tobacco, firearms/weapons or promotes any activities that may be construed as illegal.
No posting may contain information that is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous.
No posting may contain any content that infringes any party's trademark, trade secret, copyright, or other proprietary rights.
No posting shall involve the transmission of "junk mail", "chain letters", or unsolicited mass mailing, unsolicited commercial e-mails, instant messaging, "spimming" or "spamming."
No posting may contain restricted or password only access to pages or hidden pages or images (those not linked to or from another accessible page).
You acknowledge 1821 Pictures is not responsible for any User Material posted in any Community Feature. 1821 Pictures is merely providing access to such Community Features and User Materials as a service to our users to be used in accordance with these Terms of Use. The Community Features may only be used in a noncommercial manner (for entertainment purposes only). With respect to any User Materials posted by other users, such users are solely responsible for the User Materials they post, including, without limitation, the reliability, accuracy, and truthfulness of any such User Materials. Similarly, 1821 Pictures has no control over whether such User Materials are of a nature that other users might find offensive, distasteful, or otherwise unacceptable and, accordingly, 1821 Pictures expressly disclaims any responsibility for any User Material. Just as when you view content in any other setting, you should exercise appropriate discretion, good judgment, and caution in accessing User Materials in any Community Feature and in taking any actions based upon such User Materials. Accordingly, you will bear all risks associated with any such User Materials that you access.

1821 Pictures reserves the right, but not the obligation, to monitor and delete any User Materials deemed inconsistent with our policies in our discretion. 1821 Pictures also reserves the right to terminate the account of any user who violates any of these Terms of Use, as determined in 1821 Pictures's sole discretion.

If you are aware of any User Materials on the Service which violate these Terms of Use, please contact 1821 Pictures. Please provide as much detail as possible, including a copy of the underlying material, the location where 1821 Pictures may find it, and the reason such User Material should be removed. Please note that filing a complaint will not guarantee its removal. We only will remove User Materials if we believe the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section entitled "Copyright Infringement Claims." Although 1821 Pictures may attempt to monitor User Materials, in no event does 1821 Pictures assume any particular obligation to do so or liability for failing to either monitor any Community Feature or remove specific User Materials.

1821 Pictures has no control over, and we shall have no liability for any damages resulting from, the use (including without limitation the republication) or misuse by any third party of information voluntarily made public through any User Materials or any other part of the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE IN A SUBMISSION, YOU DO SO AT YOUR OWN RISK.

Privacy

Any personal data (for example, your name, address, telephone number, or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by 1821 Pictures in accordance with the Site's Privacy Policy as posted here. Any other communication or material you transmit to the Site, such as questions, comments, suggestions, or User Materials, will be treated as non-confidential and nonproprietary and will not be encrypted or otherwise secured. You represent and warrant that any information you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete, or incomplete, we may terminate your use of the Site.

Copyright and Other Proprietary Rights

All the content on this Site is copyrighted unless otherwise noted. All the copyrighted content is either owned by 1821 Pictures or 1821 Pictures has permission to use the content from its owners. Content includes, but is not limited to, text, images, audio or video. The content on this site may not be used by you in any manner, or for any purpose, without 1821 Pictures's express written permission and/or the consent of any third party 1821 Pictures deems necessary, except as provided for herein. Any unauthorized use by you of the content on this site may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.

Trademarks

By entering this site you acknowledge and agree that any name, logo, trademark, brand, or service mark ("Trademarks") contained on this site is owned or licensed by 1821 Pictures and may not be used by you without 1821 Pictures's prior written approval. 1821 Pictures will aggressively enforce its intellectual property rights to the full extent of the law. Sound, graphics, charts, text, video, information, or images of places or people are either the property of 1821 Pictures or used on this Site with permission from its owner. Nothing contained on this Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any such Trademarks without 1821 Pictures's written content and/or consent of such third party that owns the Trademarks. Your use of any of these materials is prohibited unless specifically provided for on the Site. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.

Rules for Sweepstakes, Contests, Raffles, Surveys and Similar Promotions

Any sweepstakes, Contests, raffles, surveys, or similar promotions made available through the Site will be governed by specific rules that are separate from and in addition to these Terms of Use. By participating in any such sweepstakes, Contest, raffle, survey, or similar promotion, you will become subject to those rules, which may vary from the Terms of Use set forth herein. 1821 Pictures urges you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy, which in addition to these Terms of Use, governs any information you submit in connection with such activities.

Limitation of Liability

By entering this Site you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering this Site are liable for any direct, incidental, consequential, indirect, special, or punitive damages, or any other losses, costs, or expenses of any kind (including, without limitation, lost profits, legal fees, expert fees, cost of procuring substitute services, lost opportunity, or other disbursements) which may arise, directly or indirectly, through the access to, use of, reliance on any material or content on the Site, or browsing of this Site or through your downloading of any materials, data, text, images, video or audio from this Site, even if 1821 Pictures has been advised of the possibility of such damages. Without limiting the foregoing, 1821 Pictures assumes no responsibility, and will not be liable, for any damages relating to or caused by any viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections on account of your access to or use of the Site. 1821 Pictures cannot and does not guarantee continuous, uninterrupted, or secure access to the Site.

1821 Pictures and all parties involved in creating, producing or delivering this Site, assume no responsibility or liability which may arise from the content on its Message Boards thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.

Release of Liability

You agree to release, discharge, indemnify, and hold harmless 1821 Pictures from and against any claims, damages, expenses, and liability arising from or related to any injuries, damages or losses to any person from your participation in any of the activities on the Site such as the Community Features and Contests or otherwise accessing this Site, including without limitation, your breach of these Terms of Use or the use by us or our designees of any rights granted by you.

Warranties

THE SITE, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, AND USER MATERIALS), IS PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 1821 PICTURES MAKES NO WARRANTY: (A) THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; (C) THAT THE SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS IN CONNECTION WITH THE SITE; (E) THAT YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE.

Exceptions

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, 1821 Pictures'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Filtering

Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

Links to Third Party Sites

Although this Site may be linked to other sites, 1821 Pictures is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering this Site, you acknowledge and agree that 1821 Pictures has not reviewed all the sites linked to this Site and is not responsible for the content of any off-site pages or any other site linked to this Site. Your linking to any other off-site pages or other sites is at your own risk.

Revision of Terms

1821 Pictures reserves the right to revise this legal information at any time and for any reason and reserves the right to make changes at any time, without notice or obligation, to any of the information contained on this Site. By entering this Site, you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Site to review these Terms of Use.

Revision to the Site

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; limit the Site's availability to any person, geographic area, or jurisdiction we choose; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some and all users of the Site. You agree that 1821 Pictures will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any service, content, User Materials, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.

Termination

You agree that 1821 Pictures, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including without limitation if 1821 Pictures believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use in its sole discretion. Upon any such termination, your right to use some portions, if not all, of the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effectuated without prior notice, and that 1821 Pictures may immediately deactivate or delete your account, User Name, and password, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that 1821 Pictures will not be liable to you or any third party for any termination of your access to the Site or to any such information or files or will be required to make such information or files available to you after any such termination.

Copyright Infringement and Copyright Agent

We respect the intellectual property of others, and we ask our visitors to do the same. If you are the owner of a United States copyright and you believe that your work has been copied on the Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:

(A)a physical signature of the person authorized to act on behalf of he owner of the copyright or other intellectual property interest;
(B)a description of the copyrighted work or other intellectual property that you claim has been infringed;
(C)a description of where the material that you claim is infringing is located on the Site;
(D)your address, telephone number, and email address;
(E)a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
(F)a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act in the copyright or intellectual property owner's behalf.

Our agent for notice of claims of copyright or other intellectual property infringement can be reached through our Contac Us page.

Disputes

These Terms of Use shall be governed by and construed in accordance with the laws of California, without resort to its conflict of law provisions. In the event of a dispute arising out of these Terms of Use or your use of the Site, the proper jurisdiction and venue shall be the state or federal courts in Los Angeles County, California. You consent to the exercise of personal jursidiction of these courts over you in the event of such a dispute.

Indemnity

You agree to defend, indemnify and hold harmless 1821 Pictures from and against all claims, losses, costs and expenses (including without limitation attorneys fees) arising out of (a) your use of, access to, or activities in connection with, the Site; (b) any violation of these Terms of Use by you or through your account; (c) any allegation that any User Material or posting that you make available or create through the Site infringes or otherwise violates the copyright, trademark, trade secret, publicity, privacy or other intellectual property or other rights of any third party; or (d) any claim that your User Materials or postings caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.

Contact Us

Under California Civil Code 1789.3, California users are entitled to the following rights notice: If you have a question or complaint regarding this Site, please Contac Us.

International Users; Void Where Prohibited

The Site is controlled, and administered by 1821 Pictures from its offices within the United States. 1821 Pictures makes no representation that materials on this Site are appropriate or available for use at other locations outside of the United States or accessible from territories where the contents available through the Site are illegal or prohibited. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. Moreover, not all services discussed or referenced in this Site are available to all persons or in all geographic locations or jurisdictions. In addition, not all persons may be able to participate, or win prizes, if applicable, in the sweepstakes, Contests, raffles, surveys, or similar promotions made available through the Site. We reserve the right to limit the availability of this Site and/or the provision of any service to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion.

Export Laws

You may not use the Service or export the materials on this Site in violation of United States export laws and regulations. The Site may not be used or otherwise exported or re-exported: (a) into (or to a national or resident of ) Cuba, Iran, Iraq, Libya, North Korea, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the United States Treasury Department's list of specially designated nationals or on the United States Commerce Department's table of Deny Orders.

General

Waiver. Any failure by 1821 Pictures to enforce any of its rights under these Terms of Use or applicable laws shall not constitute a waiver of such right.

Severability. If any provision of these Terms of Use is found to be invalid, you and 1821 Pictures shall endeavor to give effect to the intent reflected in that provision, and the remaining Terms of Use shall retain their full force and effect.

Headings. The headings titles in these Terms of Use are provided solely for convenience and have no legal or contractual significance.

Notices. You agree that 1821 Pictures may provide you with notices in connection with the Site by e-mail, regular mail, or postings on the Site.

Force Majeure. 1821 Pictures will not be liable in any amount for failure to perform any obligation under these Terms of Use if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or war.

Privacy Policy

Privacy

This website and the various content, features, and services offered on this website (collectively, the "Site") are owned and operated by 1821 Pictures ("1821 Pictures" or "we" or "us"). 1821 Pictures is committed to respecting your online privacy and recognizes your need for appropriate protection and management of any personally identifiable information ("Personal Information") you share with us. 1821 Pictures has established this Privacy Policy to let you know what information we may collect from you on the Site and how we may use and share that information. Please take a moment to review the terms of our Privacy Policy. By using the Site, you agree to accept the terms of our Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Site. Except as provided in the "Your California Privacy Rights" section below, this Privacy Policy applies only to information that we collect on the Site and does not apply to information which we may collect by other means.

Your California Privacy Rights

The following applies solely to California residents who have an established business relationship with 1821 Pictures. If we collect Personal Information from you, we may make that Personal Information available to our affiliated companies for their marketing and promotional purposes. If you decide that you do not want us to share your Personal Information with these companies for their marketing and promotional purposes, please Contact Us. In this e-mail, state whether: (i) you would like to opt out of receiving promotional correspondence from 1821 Pictures in general, or via e-mail, postal mail, instant messaging, and/or by phone; (ii) you would only like to opt out of 1821 Picture's newsletter, providing we instigate one; and/or (iii) you would like 1821 Pictures to not share your personal information with third parties for their marketing purposes. Your opt-out request will be processed within thirty (30) days of the date of which we receive it.

Personal Information

Information We May Collect Personal Information means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address, a phone number, an email address, your date of birth, user name, and password. In general, you can visit the Site without telling us who you are or revealing any Personal Information about yourself. However, in order to access certain information, services, contact us, or features that may be contained on the Site, we may require you to provide Personal Information as described above. For example, we will collect certain Personal Information if you choose to be a Registered User of the Site or sign up for our newsletter or blogs, or send questions or comments to us via e-mail.

We also may collect certain demographic information (such as gender, age, income, education, profession) and information about your interests and preferences ("preferences information"). In many cases, providing us such demographic and preferences information is optional. In other cases, such as online surveys, we collect this information on an anonymous basis. However, if we link any demographic or preferences information to any Personal Information, then such demographic and preferences information will be treated as Personal Information under this Privacy Policy.

For some features of the Site, you may be able to submit information about other people. For example, if you wish to e-mail a video from the Site to a friend, you will submit your friend's e-mail address, your e-mail address, and an optional message to that person which also may have Personal Information within it. We will use and store any such information that we collect from you about another person only to the extent necessary to carry out your request, and we will not use such information for any other purpose.

How We May Use Your Information

If you provide us with Personal Information, we may retain and use that information for several purposes. We may use the information to communicate with you about new features, products, or services and/or improved services that we offer. In addition, we may use your Personal Information in order to process and fulfill any transactions or services that you request, including any customary follow-up or confirmation communications regarding such transactions, entering you into a contest, establishing an account for you, responding to your questions or comments, or sending e-mails to our mailing list subscribers. We also may use Personal Information to ensure compliance with our policies and applicable law. In addition, we may send you periodic communications by e-mail or regular mail, such as news updates, special offers, or information on our products or services, if you have chosen to receive such communications. If you later wish to opt out of receiving such promotional e-mails from us at any time, simply follow the instructions for doing so in the e-mails that you receive from us. We reserve the right to send you certain communications relating to the Site, such as service announcements or similar administrative or transactional messages, without offering you the opportunity to opt-out of receiving them.

With Whom We May Share Your Information

We may sometimes use other businesses to perform certain services for us and functions on our Site, such as maintaining the Site and our mailing lists, processing orders and delivering products, sending postal mail, providing marketing assistance and data analysis, sending promotional e-mails, collecting the aggregate information described below, and tracking the use of our Site through the use of cookies as described below. We may allow access to or provide Personal Information to those businesses when that information is necessary for them to complete a requested transaction or otherwise perform their duties. 1821 Pictures will take reasonable steps to ensure that these third-party service providers are obligated to protect Personal Information on 1821 Pictures' behalf. 1821 Pictures, however, does not bear any responsibility for any actions or policies of third parties.

As 1821 Pictures develops, we may buy other businesses or their assets or sell our business assets. Customer information is generally one of the business assets involved in such transactions. Thus, in the event that 1821 Pictures or all of its assets are acquired, customer information would be one of the transferred assets.

We reserve the right to disclose visitor information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other visitors, or anyone else that could be harmed by such activities. We also reserve the right to disclose visitor information when we believe in good faith that the law requires it.

Aggregate Information

From time to time, we, our marketing partners, and other businesses associated with us may collect general, non-personal, statistical information about the use of the Site, such as how many visitors visit a specific page on the Site, how long they stay on that page, the types of searches run on the Site, and which hyperlinks, if any, they "click" on. We collect this information through the use of "cookies" and other tracking technologies, which are discussed in greater detail below. We collect this information in order to determine which areas of the Site are most popular, enhance the Site for visitors, and to determine consumer preferences for marketing purposes. We may group this information into aggregate visitor data in order to describe the use of the Site to our existing or potential business partners, sponsors, advertisers, or other third parties, or in response to a government request. We also may group demographic and preferences information and responses to surveys that we collect from visitors into aggregate data for the same purposes. However, please be assured that this aggregate data will in no way personally identify you or any other visitors to the Site.

Cookies and Other Tracking Technologies

Some of our web pages utilize "cookies" and other tracking technologies. A cookie is a small text file that a website transfers to an individual's hard drive for record-keeping purposes. For example, we may use cookies to collect information about website activity and to enhance your experience on our Site. We do not collect credit card information and never save credit card information in cookies. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. However, please be aware that some features of the Site may not function properly or may be slower if you refuse cookies. Our cookies may contain Personal Information and such cookies may be shared with our affiliates and other companies if you authorize such action. You may occasionally get cookies from our advertisers or other third parties with links on the Site. We do not control these cookies. The use of advertising cookies sent by third-party servers is standard in the Internet industry. These cookies will only collect aggregate information as described above and will not collect or transfer Personal Information unless authorized by you.

Tracking technologies may record information such as Internet domain and host names; Internet protocol (IP) addresses; browser software and operating system types; clickstream patterns; and dates and times that our Site is accessed. An IP address is a number that is automatically assigned to your computer whenever you are surfing the web. Web servers, the big computers that "serve up" webpages, automatically identify your computer by its IP address. It is not our practice to link the information we record using tracking technologies to any Personal Information you submit while on the Site. However, we reserve the right to use IP addresses and other tracking technologies to identify a visitor only when we feel it is necessary to enforce compliance with the Site's policies, to protect our Service, our customers or others, or when we believe in good faith that the law requires it.

Third Party Cookies

In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique cookie on your browser.

Links to Other Sites; Public Venues

Please be aware that when you are on the Site, you could be directed to other sites that are beyond our control. These other sites may send their own cookies to visitors, collect data, or solicit Personal Information. The privacy policies of these other sites may be significantly different from this Privacy Policy. We are not responsible for the privacy practices of these other sites and cannot guarantee the security of any of your Personal Information collected there.

Please keep in mind that whenever you give out Personal Information on a "public" venue online (for example, in a blog, message board, chat room), that information can be collected and used by people you do not know. If you choose to voluntarily disclose information in any blog, message board, chat room, or similar forum that may be available on the Site, the protections of this Privacy Policy will not cover such disclosure of information. We urge you to use caution when disclosing any Personal Information on these venues. We are not responsible and will not be liable for any opinions, content or other materials posted by users on any such venues, or for the use by other visitors or third parties of any information or content you may post to such venues. For additional terms and rules regarding the use of our message boards and other public venues, please see our Terms of Use for such venues.

If you use our chat rooms, message boards, or other public venues, you will be identified on those venues by the name you submit. Please be aware that the name you choose to provide will be viewable by all users of our message boards or other public venues, so please use caution when choosing your name or providing any profile information. Information that you provide on message boards or other similar venues may also be viewable by the general Internet public. You agree that you will not disclose Personal Information relating to any other person in a public area of the Site without that person's express consent.

Security

The security of your Personal Information is important to us. We maintain physical, electronic, and procedural safeguards to secure your Personal Information. However, there is some risk in transmitting information electronically. The Personal Information collected on the Site is stored within databases that we control. As we deem appropriate, we use security measures consistent with industry standards, such as firewalls and encryption technology, to protect your information. However, we cannot guarantee the security of our databases, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet. By supplying us with information, you acknowledge these risks and signify that you have voluntarily chosen to provide the information despite the inherent risks involved.

Updating Your Information

Any requests that we correct, update, or remove your information in our databases, should be directed via email through our Contact Us page. This e-mail address is being protected from spambots. You need JavaScript enabled to view it

After receiving a request to change your information, we will make reasonable efforts to ensure that all of your Personal Information stored in databases we actively use to operate our website will be updated, corrected, changed, or deleted, as appropriate, as soon as reasonably practicable. However, we reserve the right to retain in our archival files any information we remove from or change in our active website databases. We may retain such information to resolve disputes, troubleshoot problems, and enforce our terms and conditions of use. In addition, it may not be technologically possible to remove each and every record of the information you have provided to us. A copy of your Personal Information may exist in a non-erasable form that will be difficult or impossible for us to locate.

Children's Privacy

This Site is not intended for use by children under 13. We do not knowingly collect Personal Information from anyone under 13 years of age, except for the limited circumstances described below. In the event a child under the age of 13 submits a question to us on the Site and identifies his or her age, we may use the child's e-mail address for the sole purpose of responding to the child's question on a one-time-only basis. However, we will not use the child's e-mail address to recontact the child and we will delete it from our records once we have responded. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database.

Changes to Our Privacy Policy

The terms of this Privacy Policy may change from time to time. We will notify you of any material changes to this Privacy Policy by posting a notice on the homepage of the Site for a reasonable period of time after such changes are made that this Privacy Policy has been updated, and by changing the "Last Modified" date at the top of this Privacy Policy. We encourage you to check this page periodically for any changes. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes.

Governing Law

1821 Pictures makes no representation that this Privacy Policy and such practices comply with the laws of any other country than the United States. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If you reside outside of the United States, by using our Site, you consent to the transfer and use of your information outside your country.

Contacting Us

If you have any comments or questions regarding our Privacy Policy, please Contact Us. This e-mail address is being protected from spambots. You need JavaScript enabled to view it, or at our contact information below.

Television Division

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1821 Interactive

1821 Comics will soon launch a new part of the company in the coming weeks called 1821 Interactive. We are working out the final bugs on some new exciting mobile games and a publisher application for your apple and android devices. 1821 is going digital and portable. You can also get ready for animated shorts and even a figurine toy line over the next few months. Stay tuned to learn more about these amazing new ventures and you will not be disappointed.

Visit 1821 Comics for more information

1821 comics

Film Division

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