BY USING PRESHOW SERVICES, INCLUDING ANY PRESHOW SOFTWARE APPLICATIONS OR WEBSITES, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT USE OF THE SERVICES IS ACCEPTANCE OF THE TERMS. AS LONG AS YOU COMPLY WITH THESE TERMS, PRESHOW GRANTS YOU A PERSONAL, NON-EXCLUSIVE, NON-TRANSFERABLE, LIMITED PRIVILEGE TO ACCESS AND USE THE SERVICES. THESE TERMS ARE A LEGAL AGREEMENT BETWEEN YOU AND PRESHOW. IF YOU DO NOT AGREE TO THIS TERMS, PLEASE DO NOT REGISTER WITH OR USE ANY PRESHOW SERVICES.
You also hereby acknowledge that PreShow has not made any representations, promises or guarantees that the Services will ever be announced or made available to anyone in the future and that PreShow has no express or implied obligation to you to announce or introduce the Services. PreShow may discontinue any Beta Program or Beta Services at any time, in its sole discretion, with or without notice. With respect to the Services, this subsection shall supersede any other terms and conditions contained herein, but only to the extent necessary to resolve conflict.
This Agreement is void where prohibited by law and the right to become a Beta Program participant is not granted in such jurisdictions. Unless otherwise agreed or permitted by PreShow in writing, you cannot share or transfer any software or other materials you receive from PreShow in connection with the Beta Program. The email address and password you use to login as a Beta Program participant cannot be shared in any way or with any one. You are responsible for maintaining the confidentiality of this information in connection with your account.
1.1. Description. Further description of the Service is provided at the time you enter the Beta Program, or when a Service is added to the Beta Program, and may be updated from time to time by PreShow as the Beta Program progresses (the Beta Program “Documentation”).
1.2. “As Is” Status. By accepting these terms or using the Services, you understand and acknowledge that the Services are being provided as a “Beta” version and made available on an “As Is” or “As Available” basis. The Services may contain bugs, errors, and other problems. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA.
1.3. Feedback. The Services are made available to you for purposes of evaluation and feedback without any compensation or reimbursement of any kind from PreShow. You acknowledge the importance of communication between PreShow and you during your use of the Services and hereby agree to receive related correspondence and updates from PreShow. In the event you request to opt out from such communications, your participation in the Beta Program may be canceled at the sole discretion of PreShow. During the Beta Program, you will be asked to provide feedback regarding your use of the Services. You acknowledge that PreShow owns any feedback provided, and you hereby grant to PreShow, if for any reason it is further needed, a perpetual, non-revocable, royalty-free worldwide license to use and/or incorporate such feedback into any PreShow product or service (including the Services) at any time at the sole discretion of PreShow. PreShow will not publish feedback in a way that is attributable to you without your consent.
1.4. Limitations on Use. You may use the Service pursuant to these terms during any period when the Beta Program is live. When a Beta Program is not live, you may no longer have access to the Services. PreShow reserves the right to modify or impose any limitations on the use of the Services at any time, with or without notice to you.
2. PARTICIPATION IN THE BETA PROGRAM
2.1. Eligibility. You may participate in the Beta Program upon approval by PreShow, or by invitation from PreShow.
2.2. No Conflicting Loyalty. You represent that neither you nor any household member is: a) a member of the press or any public newsgroup, or b) an employee or representative of any competitor of PreShow. You may not rent, lease, distribute, or resell the Services, or use the Services, as the basis for developing a competitive solution (or contract with a third party to do so), or remove or alter any of the logos, trademark, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in the Services.
You shall not:
create any account for anyone other than yourself;
use a Username that is the name of another person with the intent to impersonate that person;
use a Username or PreShow account that is subject to any rights of a person other than you without appropriate authorization; or
use a Username that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
PreShow reserves the right to refuse registration of, or cancel an account in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your account. You will immediately notify PreShow in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
You shall not:
Use a facial image or physical representation of anyone other than yourself;
use an image that is the likeness of another person with the intent to impersonate that person;
use a Facial ID that is subject to any rights of a person other than you without appropriate authorization; or
use a Facial ID that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
2.5 Mobile Device Compatibility. You agree to use a mobile device that is compatible with the Services. You are responsible for any and all costs associated with the purchase, service, and/or maintenance of such a device. PreShow reserves the right, at any time, and for any reason, to discontinue support of certain mobile devices or mobile operating systems/software.
2.6. Mobile Device usage. Please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you agree that you will update your account information on the Services within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
3. USER CONDUCT
3.1. You agree that you will not engage in any activity that interferes with or disrupts the PreShow Sites and Services (or the servers and networks which are connected to our Services) or use any service to manipulate your computer or other device to gain any advantage on any of our programs. Unless you have been specifically permitted to do so in a separate written agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell our Services for any purpose.
3.2. You further agree that your use of the PreShow Sites and Services shall not be fraudulent or deceptive, or unlawful, as determined in our sole and absolute discretion. You shall also comply with all usage rules found throughout the PreShow Sites and/or our Services, including, without limitation, any guidelines posted on any of the PreShow Sites and Services.
3.3. Without limiting the generality of the foregoing, you agree not to use the PreShow Sites and Features or our Services in order to:
access (or attempt to access) any of our Services by any means other than through the interface that we provide;
share a single Account with any person other than the registered Account holder;
create and/or use multiple Accounts (i.e. only one Account is permitted per person);
maintain or use any false identity or multiple identities, or otherwise fail to participate in our Services using your real identity and accurate contact, demographic and other information;
submit any personal information (name, email, zip code, etc.), payment information (credit card number and expiration date, etc.), or other information which we determine in our sole discretion to have been false, inaccurate or otherwise invalid in connection with any Activities or any other use of the PreShow Sites and Features or our Services;
post, upload, transmit or otherwise disseminate information that (in our sole discretion) is obscene, indecent, vulgar, pornographic, sexual, hateful or otherwise objectionable;
post spam links, and/or personal referral links in an aggressive, wanton, or otherwise inappropriate fashion, whether on any PreShow Sites and Features or on any other web site or application;
defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person’s view, otherwise act in an offensive or objectionable manner;
upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service, other users’ computers, or access to or functionality of the PreShow Sites and Features;
violate the contractual, personal, intellectual property or other rights of any party, including using, uploading, transmitting, distributing, or otherwise making available any information made available through the PreShow Sites and Features or our Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
attempt to obtain account information, passwords or other private information from other members;
improperly use support channels or complaint buttons to make false or frivolous reports to PreShow or to communicate with our customer support representatives in a disrespectful, belligerent or inappropriate manner;
develop, distribute, make use of, or publicly inform other members of: “auto” software programs, “macro” software programs, web crawlers or other script or “cheat utility” software programs or applications;
share or distribute survey IDs, answers or other survey information, or otherwise coach or assist other members with regard to qualifying for or answering surveys;
abuse any of our Services in a manner that does not reflect normal or appropriate human usage, as we may determine in our sole discretion; or
exploit, distribute or publicly inform other members of any error, miscue or bug (“Error”) that gives an unintended advantage, violate any applicable laws or regulations, or promote or encourage any illegal or unauthorized activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for our Services.
If you find an Error, we kindly request that you report it to our appropriate support team by using the “Contact Us” or similar contact link on any of the PreShow Sites, or by mail to: ASTN, INC.; Attention: Customer Service; 175 Varick St, New York, NY 10014.
3.4. If we determine in our sole discretion that you have violated these Terms, PreShow may in its sole discretion issue you a warning regarding the violation prior to terminating or suspending your Account using our Services. However, you acknowledge and agree that PreShow need not provide you with any warning or notice before terminating or suspending your Account(s) and/or your access to the PreShow Services for any reason, at its sole and absolute discretion.
4. REWARDS PROGRAMS
4.1. Overview. The Company may offer one or more rewards programs (“Rewards Programs”) under which you may have the opportunity to earn points which are redeemable for rewards. The Company may limit, suspend or terminate your ability to participate in a Rewards Program in its sole and absolute discretion, and may void any points, rewards, or potential rewards you may have earned or accumulated in a Rewards Program, if we determine in our sole discretion that you have not complied with these Terms or any Additional Terms applicable to such participation. You agree to abide by the final and binding decisions of the Company regarding any Rewards Program and your participation in it. We reserve the right to change, suspend, or cancel all or a portion of a Rewards Program, including any points you may have accrued, at any time without prior notice to you.
4.2. Earning Points. Points can be earned in a Rewards Program by participating in certain Activities, as described in the applicable PreShow Services. If you choose to participate and follow the instructions associated with an Activity, upon satisfying all of the requirements of the Activity, you will be awarded the points associated with completing that Activity so long as the Company and/or its third-party Rewards Program affiliates are able to properly track your valid and completed point-earning Activities. For avoidance of doubt, Company shall not be responsible for, nor shall Company be obligated to award points or rewards to Rewards Program participants for, any Activity that is not properly recorded, tracked and/or deemed approved under Company’s or its third-party Rewards Program affiliates’ policies, procedures and systems. There may be limitations on Activities and rewards, so please be sure to review all applicable Additional Terms before deciding whether or not you would like to participate. Some of the limitations on Activities and rewards include (without limitation), our right to change or limit your ability to participate in certain Activities or the Rewards Program itself; our right to change or limit the allowable frequency of Activities; our right to change or limit the number of points you can earn for a given Activity or during a given time period; and our right to change the Activities or rewards available, or the number of points required for a particular reward. Points awarded have no cash value.
4.3. Redeeming Points. You may redeem points you have earned for rewards offered in a Rewards Program pursuant to these Terms and any applicable Additional Terms. Supplies may be limited. Rewards may be awarded on a first-come, first-serve and while-supplies-last basis. If you attempt to redeem points for a reward and the Company determines that the reward is unavailable, out of stock, or for whatever reason cannot be provided to you, the Company may, at its sole and absolute discretion, provide you with a reward of equal value. No credit, reversal, or refund of points will be issued for any reason after points have been redeemed; in other words, once you order a reward, you may not cancel the reward or return the reward for a refund of points. The only way to use points is to redeem them for Rewards Program rewards as available from time to time through the applicable Rewards Program redemption sites. Some rewards may have eligibility requirements and in that case the Company reserves the right to verify your identity (by requesting photocopy of your driver’s license or state ID card, or other proof as we may require) and eligibility qualifications to our complete satisfaction prior to crediting points or fulfilling any reward in any Rewards Program, or otherwise providing you with any benefit.
4.4. Delivery of Rewards. Rewards may be delivered via a Virtual Credit Card, Virtual Bank Account, or comparable means as described within the Service documentation. PreShow may use a third-party financial institution to provide Delivery of Rewards. The Delivery of Rewards, as applicable, will be subject to the terms, conditions and privacy policies of the third-party, in addition to this Agreement. Rewards that are undeliverable or unclaimed for whatever reason (including, without limitation, because your Account information is incorrect or outdated) may be forfeited, and the points will not be refunded.
4.5. Rewards Program Points Non-Transferable. Rewards Program points are non-transferable, may not be bartered or sold, and are void if a transfer is attempted, and such points and the associated Account are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law.
4.6. Inactive Accounts. Any Account that has not been logged into and points either earned or redeemed for one year or more may be deemed inactive and the Account closed. In such instances, to request Account reactivation (subject to such terms, limitations and requirements as we may impose from time to time) you may reach us by using the “Contact Us” or similar contact link in any of the PreShow Sites. We may modify our inactive Account rules and policies in our Rewards Programs from time to time, and if your Account becomes inactive pursuant to such then-current rules or policies, we may close your Account, without any compensation or further obligation to you.
4.7. Points Expiration. Any points in our Rewards Programs that have not been redeemed for one (1) years from the time such points were earned or awarded may be deemed expired and removed from your Account. We may modify our points expiration rules and policies for any points in our Rewards Programs from time to time, and if your points expire pursuant to such then-current rules or policies, we may remove such points from your Account, without any compensation or further obligation to you regarding the expired points.
5. CARD SERVICES
6. REVERSE ENGINEERING
Except to the extent permitted by law, you may not modify, distribute, prepare derivative works of, reverse engineer, reverse
assemble, disassemble, decompile or otherwise attempt to decipher any code in connection with the Services and/or any other aspect of PreShow technology.
7. INTELLECTUAL PROPERTY
You agree that PreShow owns all legal rights, title and interest in and to the Beta Program and the Services, including all intellectual property rights, and except for the license provided herein, no other rights or permissions to any of the Services is granted. Nothing herein gives you a right to use any of PreShow trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
8. MODIFICATION AND TERMINATION OF THE SERVICE
PreShow reserves the right to modify or terminate the Beta Program or the Services, or your use of the Beta Program or the Services, to limit or deny access to the Services and/or participation in the Beta Program, at any time, in its sole discretion, for any reason, with or without notice and without liability to you. You may discontinue your use of the Services at any time.
9. DISCLAIMER OF WARRANTIES
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED BY PRESHOW ON AN “AS IS” BASIS AND AS AVAILABLE, AND YOUR ACCESS TO AND/OR USE OF THE PRESHOW BETA PROGRAM OR BETA SERVICES, IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PRESHOW EXPRESSLY DISCLAIMS ALL AND YOU RECEIVE NO WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PRESHOW MAKES NO WARRANTY THAT ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, NOR DOES PRESHOW MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY OF THE SERVICES IS DONE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PRESHOW OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. LIMITATION ON LIABILITY
IN NO EVENT SHALL PRESHOW BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL AND/OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THESE TERMS AND/OR WHETHER DIRECT OR INDIRECT: (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, AND (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, OR OTHERWISE, AND WHETHER OR NOT PRESHOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PRESHOW LIABILITY HEREUNDER IS LIMITED TO $50.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to hold harmless and indemnify ASTN, Inc., its affiliates and subsidiaries, officers, directors, agents, and employees (collectively "ASTN Indemnified Parties") from and against any third party claim arising from or in any way related to (i) your breach of the Terms, (ii) your use of the Beta Program and/or Services, (iii) your violation of applicable laws, rules or regulations in connection with the Services, or (iv) your user content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, PreShow will provide you with written notice of such claim, suit or action.
12. CONFIDENTIAL INFORMATION
You acknowledge and agree that: (i) the successful market launch of commercial versions of the Services requires you to keep all PreShow data and information discussed and/or made available through or contained in Beta Program, including, without limitation, the Services (collectively the "Confidential Information") strictly confidential; (ii) the premature release of any of the Confidential Information would damage PreShow competitive edge and intellectual property rights; (iii) the Confidential Information shall not be shared with anyone other than other authorized participants of the same Beta Program; and (iv) only Confidential Information that has been publicly released by PreShow may be discussed or shown to the public.
13. ADDITIONAL TERMS
13.1. Compliance with Laws. Both parties agree to comply with all applicable local, state, national and foreign laws, rules, and regulations, including, but not limited to, all applicable import and export laws and regulations governing use, transmission and/or communication of content, in connection with their performance, access and/or use of the Services.
13.2. International Use. The Service is intended for use only from within the United States. If you choose to access the Services from locations other than the United States, you do so on your own initiative and at your own risk and you are responsible for compliance with all relevant laws and regulations. PreShow does not guarantee that the Services shall be appropriate and/or available for use in any particular location.
This constitutes the policy of PreShow with respect to complaints of copyright, trademark, or other intellectual property infringements.
PreShow displays promotional video content, including commercials, show promotions, movie trailers, infomercials and public service announcements (collectively “Promotional Content”). We help consumers view Promotional Content, thereby increasing the reach and engagement with Promotional Content. In addition to making it easy for consumers to find Promotional Content, we also enable consumers to interact with the brands and products found in such content by providing links to discover more information, including links to the advertiser web site and/or social pages.
We respect the rights of copyright holders and in an effort to properly credit the copyright holders of each commercial, PreShow may indicate the advertising company in a prominent location on the page any given Promotional Content is shown. Whenever this information is not available, the company whose products and/or services are being represented in the Promotional Content is the company holding the copyrights of such commercial. Additionally, the title, description, product names, slogans and other data elements, in part, or in whole, may be trademarked by the same identified copyright holder.
Notwithstanding the above, should Your company, or a company You are representing, want their current and future Promotional Content removed from PreShow, please provide us with a DMCA takedown notice comprised of the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
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;
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 us to locate the material;
Information reasonably sufficient to permit us 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;
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;
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
All removal requests and DMCA notices should be sent to the following location:
electronically to with the subject line “DMCA Takedown Request”. Emails sent to for purposes other than communication about copyright infringement may not be answered; or
via certified mail (with a confirmed receipt requested) to:
ASTN, INC. PreShow
175 VARICK ST
NEW YORK, NY 10014
Attention: DMCA Notice, Copyright Agent
Any person who knowingly materially misrepresents that material or activity is infringing or includes false information in a notice may be subject to liability.
Once a takedown request is received and validated, PreShow will do its best to process such notices promptly.
Personal Information We Collect
Use of Facial ID
As described in our Services, PreShow uses your mobile device’s camera to capture images of your face, which is used to verify your User Account, and to verify on an on-going basis, that the associated user is using PreShow Services, as described within the Services. PreShow takes your privacy seriously and does not activate or capture images using your mobile device’s camera when you are not logged in and using PreShow services.
PreShow may use your Facial ID to gather data related that is not ordinarily considered personally identifying information. For example, we may track how long you view Promotional Content, how often you look away from your screen, or other metrics used to measure active engagement with PreShow Services.
If you believe PreShow is capturing images in error, please contact us immediately using “Contact Us” or other links as provided on the Site or Services.
Other User Information We Collect
We may collect certain other information each time you visit PreShow Sites or use our Services so we can improve the overall quality of your experience. This kind of information is not ordinarily considered personally identifying information. For example, we collect or may collect your IP address, device ID, referrer data, and browser and platform type. You do not have to register on any of the PreShow Sites and Features or provide any Personal Information to us before we can collect this information. We may assign an ID number to your registration and link additional data to that ID number, such as the date and time you visited, the information you provide, and the links you choose to click. Like most standard website servers, we use log files to collect and store this user information. We may analyze and use this information for a variety of purposes, including operating and improving the PreShow Sites or our Services, collecting further information about and learning from user behavior and trends, and gathering demographic information. Furthermore, we may combine or link information we collect from or about you offline with information we collect from or about you online through the PreShow Sites or your use of our Services. We may also use GPS or similar geo-location technology to determine the city and/or geo-coordinates of where you are located, including when you are using a mobile device. As noted in the section on “Sharing” below, we may use and share your location information with our advertisers, merchant and survey partners, or others in order to provide you with advertising, content, surveys, offers, promotions, and rewards, or for other marketing, administrative and general business purposes, based on your location. In addition, our mobile applications may collect, among other things, certain information automatically, including, but not limited to the type of mobile device you use, your mobile device’s unique device identifier (UDID), the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the mobile application.
Information We Receive from Third Parties
We may also receive and supplement the information we directly collect from or about you with information from third parties. If you are on a third party website or service and you opt-in to receive information from us, the third party may forward to us your email address and other information about you so that we may contact you as requested. In addition, we may receive information from advertisers, merchant or survey partners, and others to ensure that you properly receive any earned rewards or for other marketing, administrative or general business purposes. We may also supplement and combine the information we collect about you with outside records from third parties in order to enhance our ability to provide you with advertising, content, surveys, offers, promotions and rewards, and for other business purposes.
We may provide you with an opportunity to invite your friends, family and acquaintances (“Friends”) to use various PreShow Sites and Services. If you elect to use our referral service for informing a Friend about any of the PreShow Sites and Services, you will provide us with your Friend’s name and email address. Using our referral service permits us to automatically send the Friend one or more emails or other communications, on your behalf, inviting them to visit or register for the PreShow Sites and Services (which invite may include additional subsequent reminders and communications). You warrant and represent that you have your Friend’s consent to provide us with his or her information for this purpose, and that you will not give us referral information for any person not permitted to use the PreShow Sites and Features, including, without limitation a child under the age of 13, a person whose account has previously been suspended or deactivated, or a person residing or located in a territory where use of the PreShow Sites and Services is not authorized.
Advertising Networks and Analytics Companies
Cookies and Similar Technologies
In addition to the ad networks, we may set (or allow third parties to set) and access cookies and other similar technologies, such as web beacons and embedded scripts, on your computer. A cookie is a small data file that a website may send to your browser and which may then be stored on your system. We use both session cookies and persistent cookies. For the session cookie, once you close the browser, the cookie terminates. A persistent cookie is a small text file stored on your hard drive for an extended period of time. Persistent cookies can be removed or disabled by following the web browser help-file directions for your particular browser.
We may also share your Personal Information with our affiliates for administrative, marketing and other business purposes, and with third-party service providers in connection with such service providers’ performance of services to, or on behalf of, the PreShow Sites or Services. Such services include, for example, customer support, collecting and analyzing information about usage of the PreShow Sites or Services, delivering advertising, content, surveys, offers, promotions and rewards to you on the PreShow Sites and Features or elsewhere online, processing payments, and performing other administrative, marketing and other business services. In addition, if you use our mobile applications, we may share your current location with our partners so that we or our partners may provide you with advertising, content, surveys, offers, promotions, and rewards, and for other business purposes, based on your location including, without limitation, attribution, analytics and research. Please see the section on “Updating Your Information; Choice/Opt-Out” below for information about how you can opt out of such sharing. We may share aggregate or individualized information that may include your use of the PreShow Sites or Services and our merchant partners’ websites, with our advertisers, merchant and survey partners, and others for the purpose of providing you with advertising, content, surveys, offers, promotions, and rewards, and for other marketing, administrative and general business purposes, and we may also receive from ad networks information about third-party websites that you have visited. The information about you that we share with or receive from third parties may generally be used for marketing, administrative and other business purposes.
In the event the Company (or any of its affiliates) goes through a business transition, such as a merger, consolidation, restructuring, acquisition by another company, sale or assignment of rights or assets or a portion thereof, or other company change, we may transfer users’ information, including Personal Information, and other business data in connection with that business transition (e.g., to a subsequent owner, co-owner, or operator of any of the PreShow Sites and Services, or any affiliates and trusted agents, service providers, or partners of the foregoing), including during the course of any due diligence process.
Updating Your Information; Choice/Opt-out
Notification of Changes
The PreShow Sites and Services are general audience websites and services and we do not knowingly collect any Personal Information from children younger than the age of 13. If you are under 18, you should use the PreShow Sites and Services only with involvement of a parent or guardian. If you are under 13, you should not submit any Personal Information to us. If we learn that we have inadvertently collected Personal Information from a child younger than 13, we will take commercially reasonable efforts to delete such Personal Information from our databases.
We maintain security measures in place in order to attempt to protect against the loss, misuse and alteration of the Personal Information under our control. Please be advised, however, that the Internet and other various networking communication media are not entirely secure, and your information may therefore be subject to interception or loss which is beyond our reasonable control. While we strive to protect your Personal Information, we cannot ensure or warrant the security of any Personal Information you transmit to us, and any transmission is done at your own risk. Accordingly, we assume no responsibility or liability for disclosure of your Personal Information or other information due to errors in transmission, unauthorized third-party access or other causes beyond our reasonable control.
Location of Processing and Applicable Law
Your California Privacy Rights (California Residents)
When California residents provide certain personal information to a business, they have the right under California Civil Code Section 1798.83 to request certain disclosures if that business shares that personal information with third parties, and in some cases affiliates, for the third parties’ or affiliates’ direct marketing purposes. Once per calendar year California residents may request that the business provide a list of companies with which it shares such personal information for the third parties’ or affiliates’ direct marketing purposes, and a list of the categories of such personal information that the business shares. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address, or made by non-California residents.
Attention: Customer Service
175 Varick St
New York, NY 10014
CONFIDENTIALITY AND NONDISCLOSURE
THE BETA PROGRAM PARTICIPANT WILL NOT DISCLOSE SERVICES OR ANY COMMENTS REGARDING SERVICES TO ANY THIRD PARTY WITHOUT THE PRIOR WRITTEN APPROVAL OF PRESHOW. THE BETA PROGRAM PARTICIPANT WILL MAINTAIN THE CONFIDENTIALITY OF ALL SERVICES WITH AT LEAST THE SAME DEGREE OF CARE THAT YOU USE TO PROTECT YOUR OWN CONFIDENTIAL AND PROPRIETARY INFORMATION, BUT NOT LESS THAN A REASONABLE DEGREE OF CARE UNDER THE CIRCUMSTANCES. THE PARTICIPANT WILL NOT BE LIABLE FOR THE DISCLOSURE OF ANY CONFIDENTIAL INFORMATION WHICH IS:
IN THE PUBLIC DOMAIN OTHER THAN BY A BREACH OF THIS AGREEMENT ON PARTICIPANT’S PART; OR
RIGHTFULLY RECEIVED FROM A THIRD PARTY WITHOUT ANY OBLIGATION OF CONFIDENTIALITY; OR
RIGHTFULLY KNOWN TO PARTICIPANT WITHOUT ANY LIMITATION ON USE OR DISCLOSURE PRIOR TO ITS RECEIPT FROM PRESHOW; OR
GENERALLY MADE AVAILABLE TO THIRD PARTIES BY PRESHOW WITHOUT RESTRICTION ON DISCLOSURE.