TERMS OF USE

THE BETA PROGRAM IS OFFERED BY ASTN, INC. AND ITS AFFILIATES (“PRESHOW”) AND PARTICIPATION IN ANY BETA PROGRAM IS GOVERNED BY THESE TERMS OF USE (THE "TERMS"). THE BETA PROGRAM MAY CONTAIN ONE OR MORE BETA SERVICES (THE “SERVICES”) AS DETERMINED BY PRESHOW IN ITS SOLE DISCRETION. 

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. 

Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version. PreShow may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

1. SERVICES

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.

 

2.2. Registration. You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you are required to register with PreShow and represent, warrant and covenant that you provide PreShow with accurate and complete registration information (including, but not limited to: a User Name (“User Name”), email address, mobile telephone number, facial image (“Facial ID”), and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your PreShow account. 

 

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.

 

2.3. Facial ID. The Services may require the use of a Facial ID, in conjunction with, or in place of, a Username and password. This Facial ID is used for the purpose of accessing your user account, and to enable ongoing usage of the Service. Additional details are provided in the PreShow Privacy Policy. 

 

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.

 

2.4. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. PreShow may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.

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 

Certain features of the Service and/or certain services and products made available to you through the Service may allow you to purchase services or to redeem an offer or special using your credit card (together with “Card Services”). PreShow uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Services (your “Card Account”) for use of the Card Services. The processing of payments or credits, as applicable, in connection with the Card Services will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. PreShow is not responsible for any error that occurs during any offer or special redemption process, including any error by the Payment Processor. In connection with your use of the Card Services, PreShow will obtain certain transaction details, which PreShow will use solely in accordance with our Privacy Policy.

 

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.

11. INDEMNIFICATION 

 

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.

 

COPYRIGHT POLICY

 

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:

 

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.

 

PRIVACY POLICY

 

PreShow’s Privacy Policy (“Privacy Policy”) applies to the Beta Program and Services. You acknowledge and agree that by participating in the Beta Program or by using the Services, PreShow may receive certain information about you. including personally identifiable information. and you hereby consent to PreShow’s collection, use and disclosure of such information in accordance with the Privacy Policy.

 

This Privacy Policy only covers information collected by the Company through the PreShow Sites and Services, and does not cover any information received or collected offline by the Company (unless specifically stated) or collected by any unrelated websites or companies to which we may provide links. We are concerned about your privacy and want you to be familiar with how we collect, use and share your information. This Privacy Policy outlines the type of information that we collect and receive from you while you are using our Services. Additionally, this Privacy Policy identifies the ways in which we process, and sometimes share, such information and what control and choices you have with regard to the collection and use of your personal information. Please review this Privacy Policy carefully, especially before providing any personal information through the PreShow Sites and Features. PreShow Sites and Features are operated in and controlled from the United States of America unless otherwise stated. If you do not wish to have us collect, use and share information as described in this Privacy Policy, please do not use the PreShow Sites or Services. By using any of the PreShow Sites or Services, and/or clicking to “Accept” or otherwise acknowledging or consenting to this Privacy Policy where that option is made available to you, you agree to be bound by this Privacy Policy, as well as our Terms of Use. If you do not agree to this Privacy Policy or our Terms, please do not use any PreShow Sites or Services.

Personal Information We Collect

 

When you visit or use any of the PreShow Services, you may be required to share information that identifies you personally. “Personal Information” refers to any information that can reasonably be used to identify, contact or locate you. Examples of Personal Information may include, without limitation, your name, your location, your credit card number, your email address, your mailing address, and your phone number. Generally, we collect Personal Information when you provide it to us by visiting the PreShow Sites or using our Services. This may include registering for any account with us, filling out surveys, joining a mailing list, corresponding with us, entering one of our sweepstakes or contests, choosing to submit testimonials, stories, photos or the like, or otherwise volunteering or providing information about yourself. We may use your Personal Information and other information we collect about you in order to provide you with our Services, to improve the PreShow Sites, to provide advertising, content, surveys, offers, promotions, and rewards, and for other marketing, administrative and general business purposes as described in this Privacy Policy. If you don’t provide us with your Personal Information, we will generally be unable to provide you with our Services and you will be unable to use the PreShow Sites and Features.

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.

Friend Referrals

 

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.

Third-Party Links

 

The PreShow Sites and Services may contain links to other websites that we do not own. In addition, because aspects of the PreShow Sites and Features may include third-party offers for goods, services and the like, third parties may collect your information based on your interaction with those offers. Third-party privacy practices are not covered by this Privacy Policy, and we are not responsible for the privacy practices of such third parties. We encourage our users to be aware of and to read the privacy statements and similar disclosures of any third-party website that collects personally identifiable information before using or disclosing any personally identifiable information to such website.

Advertising Networks and Analytics Companies

 

We may allow other companies, commonly called third-party ad servers or advertising networks (collectively, “ad networks”), to display advertisements on the PreShow Sites and Services. These advertisements may be based on your interests as reflected in your use of the PreShow Sites or our Services, as well as your use of other websites and services. Some of these ad networks may place a persistent cookie or other similar technology on your computer, allowing them to recognize your computer each time they send you an online advertisement. In this way, ad networks may compile information about where you see their advertisements online and determine which ads you click on, so that they may provide you with advertising, content, surveys, offers, promotions, and rewards that they believe will be of most interest to you. We do not have access to or control over the cookies or other similar technologies that may be placed by these parties on your computer, nor do we have responsibility for these parties’ privacy policies or information collection practices. Likewise, we may also work with consumer data resellers that buy and/or sell information to other companies for multiple purposes including offering products and services that may interest you, and we use certain third-party analytics providers to help us understand how you use the PreShow Sites or our Services, and these companies may set their own cookies and similar technologies on your computer or mobile device. These and other third parties may collect information about you, including but not limited to your online activities over time and across different websites and services, when you use the PreShow Sites or our Services, or other online websites and services. Each of these third parties has its own privacy policy that may differ from this Privacy Policy. We may share your Personal Information and other information with our advertisers, merchant and survey partners, and others for the purpose of making it easier for you to sign up for their surveys, promotions and offers, validating your communications or transactions with them, authenticating and/or validating your identification, crediting you with any earned rewards, and other business purposes. Additionally, we may share information with our service providers and other third parties to assist us in delivering content, advertising, surveys, offers, promotions and rewards to you, both on the PreShow Sites and Services and elsewhere online, and for other marketing, administrative and general business purposes.

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. 

Sharing

 

In addition to the types of sharing described throughout this Privacy Policy, we may disclose your Personal Information and other information as described in this section. We may disclose your Personal Information when required by law, or where we have a good-faith belief that such action is necessary to comply with a judicial or administrative proceeding, a criminal investigation, a court order, or legal process served on us. We may also share your Personal Information at the request of governmental authorities conducting an investigation, or if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of the Terms of Use or Privacy Policy for any of the PreShow Sites or our Services. We may also use IP addresses or other device identifiers to identify users, and we may do so in cooperation with copyright owners, Internet service providers, wireless service providers, or law enforcement agencies at our discretion. These transfers and disclosures may occur without notice to you. 

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.

Business Transitions

 

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

 

You are responsible for maintaining the accuracy of any information you submit to us, such as your contact information. You may opt out of receiving marketing emails by following the opt-out instructions provided to you in those emails, by visiting “My Settings”, “Settings” or similar link on the relevant PreShow Site or app, or by contacting us. Please note that as long as you remain registered with or a user of any of the PreShow Sites or Services, even if you opt-out of marketing emails, you may still receive administrative emails, such as notices about service and status changes and changes to our Terms of Use or Privacy Policy. In addition, you may remove or disable cookies as described above in the section on “Cookies and Similar Technologies” and you may clear your browser history in accordance with the system settings of your web browser. Certain advertising networks and exchanges may participate in the Digital Advertising Alliance (“DAA”) AdChoices Program and may display an Advertising Option Icon for interest-based ads. You can learn more about the DAA AdChoices Program here: http://www.youradchoices.com. In addition, certain advertising networks and exchanges may participate in the Network Advertising Initiative (NAI). The NAI has developed a tool that allows consumers to opt out of targeted advertising delivered by NAI members’ ad networks. To learn more about opting out of targeted advertising or to use the tool, click here: http://www.networkadvertising.org/choices. You may opt-out of providing your location information to us when you are using mobile devices. If you do not want us to use your location information as described in this Privacy Policy, you should turn off the location services for the mobile application located in your account settings (if available) or in your mobile device settings. If you do not want our mobile applications to collect any information from you, you should uninstall the application using the standard uninstall procedures that may be available as part of your mobile device or via the mobile application marketplace or network where you obtained the mobile application.

Notification of Changes

 

We reserve the right to make changes to this Privacy Policy from time to time. If we decide to change this Privacy Policy, we will provide notice of such changes by sending you an administrative email and/or posting those changes in places on the PreShow Sites deemed appropriate by us so our users are always aware of what information we collect, how we use it, and under what circumstances it may be shared with others. Your continued use of any of the PreShow Sites or our Services after delivery of the administrative email to you or after the changes are posted constitutes your agreement to the changes. If you do not agree to the changes, please discontinue your use of such PreShow Sites and our Services. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to this Privacy Policy to any prior events or circumstances would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid this Privacy Policy being deemed illusory or unenforceable. In any event, if any Personal Information was previously submitted to or collected by us pursuant to an earlier version of this Privacy Policy that required a certain notice period prior to any changes being effective, any changes under this Privacy Policy will not be effective as to you or such previously-collected Personal Information until the previously-specified notice period has passed after the date of this Privacy Policy.

Children’s Privacy

 

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.

Security

 

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

Although we generally maintain our user data in the United States, it is possible that some of the data processing may occur outside of the United States, carried out by companies or individuals under contract with us. While the data protection laws of these countries may vary, we will make every reasonable effort to protect your Personal Information under this Privacy Policy. By using the PreShow Sites and Services, you consent to this transfer of your personal data to any server used by the Company or its service providers from time to time. If you are not a resident of the United States, please be aware that data protection laws in the United States and other countries (as well as the legal procedures for courts, governmental authorities, and parties in civil litigation to obtain access to our user data) may differ substantially from the laws and procedures in your country of residence. If you are located in a country outside the United States and submit Personal Information to us, you are consenting to the transfer, processing, storage and use of that information in the United States as provided in this Privacy Policy. The interpretation and application of this Privacy Policy shall be governed by the laws of the United States without regard to its conflict of law provisions. Your use of the PreShow Sites and Services are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.

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.

Contact Us

 

If you have any questions or concerns regarding this Privacy Policy or your use of any PreShow Sites and Services, please contact us by using the “Contact Us” or similar contact link, or by mail to: 

 

ASTN, INC.

Attention: Customer Service

175 Varick St

New York, NY 10014

 

CONFIDENTIALITY AND NONDISCLOSURE

 

As outlined in the Beta Program Terms of Use, the Services are provided only to qualified participants and are not broadly available to the public. 

 

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.

 

ACCEPTING THE TERMS OF USE AND ONGOING USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THE CONFIDENTIALITY AND NONDISCLOSURE CLAUSE STATED HEREIN.

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