Terms & Conditions
These Terms and Conditions of Use (“the T&Cs”) govern your access to and use of all websites, applications, and any other digital properties owned or operated by Picturehouse and our affiliated entities (collectively, “the Company,” “we”, “us” and “our”), including but not limited to Picturehouse.com and Fatimathemovie.com (collectively, “the Sites”). These T&Cs govern your use of and access to the Sites, please read them carefully. The Sites are offered and intended for U.S. residents who are at least 18 years of age. By accessing or using the Sites, you represent and warrant that you meet these eligibility requirements; please refrain from accessing or utilizing the Sites if you do not meet these eligibility requirements.
We may at any time in our sole discretion modify, suspend or discontinue the Sites, any service, content, or feature offered through the Sites, or your access to the Sites, with or without notice. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Sites, any service, content, or feature offered through the Sites, or your access to the Sites.
The T&Cs include important information about your legal rights and your use of the Sites constitutes your agreement to follow and be bound by the T&Cs. We expressly reserve the right to modify the T&Cs at any time, without prior notice, by posting an updated version of the T&Cs on the Sites. Therefore, you should review the T&Cs whenever you utilize the Sites. Your continued use of the Sites constitutes your consent to the current T&Cs posted at the time of your visit. Do not use our Sites if you do not agree to the T&Cs.
Prohibited Uses
The T&Cs specifically prohibit you from undertaking certain actions while utilizing the Sites. You specifically agreed to refrain from the following actions when using the Sites: (i) Copying, recording, collecting, taping, downloading, photographing, or scraping any of the contents of our Sites including any protected material (including intellectual property), graphics, movies, text, images or videos on or available through our Sites; (ii) Acting in any manner that imposes our infrastructure to significant processing; (iii) Utilizing any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our Sites; (iv) Using any types of virus or other item that is technologically harmful; (v) Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites or server(s) on which the Sites are stored or hosted, or any server, computer, or database connected to the Sites; (vi) Posting any material that is obscene, defamatory or libelous, constitutes an illegal threat, violates rights of privacy or publicity, or infringes any third party’s intellectual property rights.
If we determine, in our sole and absolute discretion, that you have violated any provision of these T&Cs or any applicable law, we at any time may terminate, restrict, or modify all or part of your access to the Sites. We may disclose any communication or material from or provided by you:
(i) to satisfy any law, regulation, or government request;
(ii) if such disclosure is necessary or appropriate to operate the Sites; or
(iii) to protect the rights or property of us, our clients, our third-party service providers, or users of the Sites.
Our Intellectual Property Rights
Picturehouse, Fatima and all related names, logos, product and service names, designs, and slogans are our trademarks and intellectual property. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners.
The Sites and all contents accessed through or on the Sites including but not limited to the text, information, software, images, videos, logos, design, and graphics (collectively, the “Materials”) are owned by us, our affiliates, our licensors, or our clients. The Materials are protected by copyright, trademark, trade secret, and other intellectual property laws. The T&Cs permit you to utilize the Sites for your personal, non-commercial use only. You may not:
Copy, download, distribute, transfer, transmit, upload, post, publish, display, perform, modify, or otherwise create derivative works from any of the Materials without our prior written consent; or
Decompile, reverse engineer, or disassemble software code or software materials; or
Remove any copyright notice or other proprietary notices from the Materials.
Any use of the Sites not expressly permitted by these T&Cs is a breach of these T&Cs and may also violate intellectual property and other laws.
Copyright Infringement – Making a Claim
You may request removal of materials you reasonably believe are infringing on intellectual property rights by sending written notice to our designated copyright agent at:
11766 Wilshire Blvd [Text Wrapping Break]9th floor[Text Wrapping Break]Los Angeles, CA 90025
In order to comply with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, you must include the following in your written notice:
your physical or electronic signature;
identification of the copyrighted work you believe to have been infringed;
identification of the material on our Sites that you believe is infringing the copyright in a sufficiently precise manner to allow us to locate the material;
your contact information including your name, mailing address, telephone number and, if available, email address;
a statement that you have a good faith belief that utilization of the copyrighted material is not authorized by the copyright owner, its agent or the law;
a statement that the information in the notice is accurate; and
a statement, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
If you do not comply with all of these requirements, your notice may not be effective. If you knowingly misrepresent that materials on the Sites infringe a copyright, you may be held liable for damages, including costs and attorney’s fees as set forth in the Digital Millennium Copyright Act.
Third Party Sites
Our Sites may contain links to third party websites (“Third Party Sites”). The Third Party Sites are not under our supervision or control and we are in no way responsible for the contents, features, or practices of any Third Party Sites, or any damages suffered by you in traveling to or utilizing the Third Party Sites. Please be aware that, when you visit a Third Party Site, you are subject to the privacy policies and terms and conditions of use for that Third Party Site and you should review those policies carefully. Please exercise caution before sharing or sending any information to anyone via the internet.
Utilization of the Sites, Disclaimer of Warranty, Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS OR AGENTS, BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INJURY, LOSS, CLAIM, OR DAMAGES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITES, WHETHER BASED IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, THE LAW OF YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, THE LAW OF YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITES.
THE SITES, THEIR FEATURES, AND THEIR CONTENTS ARE PROVIDED “AS IS,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND.
We cannot and do not guarantee or warrant that: (1) all information you transmit via the Sites will be completely secure and unable to be accessed, altered, deleted; (2) the Sites, their contents, or features will be free from errors, inaccuracies, viruses, bugs, or other harmful components; or (3) the Sites, their contents, or features will be available or accessible at any given time or for any length of time. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection.
We do not represent or guarantee the accuracy, suitability, reliability, or timeliness of any of the information, contents, videos, or materials on or available through the Sites. You should not rely upon any information on or contents of the Sites for medical, legal, financial, or other personal decisions.
Privacy Policy
Our collection of information via the Sites and our utilization and/or sharing of such information is governed by our Privacy Policy. By using the Sites, you agree to our Privacy Policy.
Severability
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Governing Law
We recognize that our Sites may be accessed from anywhere in the world, and that the laws of the jurisdictions in which some users are located may differ substantially from those of the United States and the State of California. To the maximum extent permitted by law, the use of our Sites and the T&Cs are governed by the laws of the State of California and, as applicable, the laws of the United States without giving effect to any choice of law or conflict of law provision or rule.
Entire Agreement
The T&Cs and our Privacy Policy constitute the entire agreement between you and us with respect to the Sites and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Sites.
Contact
If you have questions about the Sites or the T&Cs, you may contact us at: contact@picturehouse.com.
Privacy Policy
This Picturehouse (with our affiliated entities, collectively, the “Company,” “we”, “us” and “our”) Privacy Policy (“Policy”) applies to: (1) the Company’s websites and mobile applications owned or operated by us or our affiliates including but not limited to Picturehouse.com (“Sites”); and (2) any other locations or applications in which we collect personal information (the Sites and any other locations or applications are collectively referred to as “Services”). This Policy explains the information we collect, the way in which we may use and share your information, and how you may control certain uses of your information. By using or participating in the Services, you consent to this Policy and our Terms and Conditions. When you use or participate in the Services (e.g., providing your email address prior to watching a movie trailer), we collect information that identifies, relates to, describes, and is reasonably capable of being associated with a particular consumer, household, or device (“Personal Information”). We may collect Personal Information such as your name, email address, telephone number, birth date, zip code, location information, interests, and other demographic information. We may also automatically collect computer data such as your IP address, browser type, domain names, access times and referring website addresses. Your Personal Information is mainly utilized to (i) deliver current and future Services to you, (ii) provide you with targeted offers and advertising, and (iii) contact you when necessary. Picturehouse and our third-party network of advertisers and partners may use cookies, pixels and other technologies to help you personalize your online experience and provide you with relevant content. Our main purpose of collecting Personal Information is to communicate with you regarding our current and future offerings, including movies – you may at any time unsubscribe from emails and communications sent to you by us by clicking the “unsubscribe” link at the bottom of our emails. Our California Privacy Rights section follows – California residents may have the below further rights available to them, dependent upon circumstance.
California Resident Rights
In order to review or change Personal Information, California residents may email contact@picturehouse.com or leave a message at 347-951-2511 to correct or delete any Personal Information provided. We may maintain your basic information for recordkeeping and services purposes in the event you unsubscribe from future correspondence with us. In some circumstances, a change in or withdrawal of consent may severely limit our ability to provide you information, products, or services. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
We Collect Personal Information and Data
We collect information you provide to us and information we receive about you from third parties. When you visit our Sites or participate in the Services, Picturehouse along with third party providers may collect Personal Information you provide us. Personal Information collected in this manner includes contact information such as your email address. We may receive Personal Information from other sources as well, including social media accounts. We encourage you to read the applicable privacy policies for your social media accounts. We have no responsibility for and are not liable for the data collection and use practices of those social media sites. We and our service providers also collect Personal Information and other data through automated data collection technologies, such as cookies or pixel tags. The technologies we utilize include, but are not limited to Internet Protocols, in which we automatically gather and store internet protocol (“IP”) information, as well as your browser type and your operating system, along with internet service provider (“ISP”) information and a relevant background on the items you view on the Sites.
If you arrive at the Sites by clicking a paid advertisement or a link in a communication, then the server will capture information that tracks your visit from that link. If you arrive at the Sites by clicking on a non-paid source, such as a search engine result or link on another website, the server captures information that tracks your visit from that source, to the extent available. The server also captures information from direct traffic. We further use pixel tags in the Sites to count users who have visited our webpages and in order to learn more about our website traffic and popularity.
Our emails may contain links to content on our Sites, and those links pass information through our web server before you arrive at the destination web page. This data is tracked by us in order to determine product interest and measure the effectiveness of our communications. If you prefer not to be tracked, simply avoid clicking text or graphic links in emails or texts you receive from us.
If you use different devices to access the Services, we may collect device-specific information, including your hardware model, operating system version, browser type, unique device identifiers, phone number, and mobile network information. We may associate your device identifiers or phone number with your profile information. We may use automated services or analytic tools to evaluate usage of the Sites and to evaluate the Services.
“Do Not Track” is a privacy setting that you may set in your web browsers. If turned on, this setting requests that websites not track information about users. At this time, we do not respond to “Do Not Track” browser settings or signals.
Our Sites also use “cookies” and other technologies. These technologies help us understand the best parts of the Sites and the preferences of our users. We may also use cookies and other technologies to study traffic patterns on the Sites, to improve their functionality and usability, and to improve the effectiveness of our communications with our users. We may also use cookies to customize your experience and provide greater convenience to you during your interactions with the Sites. A cookie is a unique alphanumeric identifier that websites use to help identify the number of unique visitors to a website, whether or not those visitors are repeat visitors, and the source of the visits. If you prefer not to enable cookies or to disable them, you may do so through your web browser’s security settings. Please note that certain features of our Sites may not be available once cookies have been disabled.
Personal Information Collection, Usage and Disclosure
In the 12 months preceding this Policy update, we have collected the following categories of Personal Information from consumers:
Identifiers (i.e. email address, real name, alias, IP address, or account name);
Personal information as set forth in Cal. Civ. Code 1798.80(e) (i.e. education, employment, phone number, address, or name);
Internet or other similar network activity (i.e. browsing history, application usage, consumer interaction, or search history).
We collect and use your Personal Information to market to you and provide the Services to you and others. By providing information to us, such as your email address, you understand and agree that your information may be used to market to you.
We may further use your Personal Information to: better your experience; communicate and respond to questions you may have; advertise to you regarding our Services or the services of our partners; improve the Services; protect us, our employees, and any other users of our Services; comply with a legal obligation; utilize such information for any other purpose we disclosed at the time the information was collected. Advertisers may utilize your information in order to provide relevant advertisements to you based upon your online behavior, your activities on our Sites and other third-party sites or mobile apps.
Disclosure or Sharing of Your Personal Information
When we collect your Personal Information, we maintain the right to share information about you within our company and to advertisers and other third parties for marketing and promotional purposes. As required to comply with laws, regulations, and/or court orders, subpoenas, or lawful discovery requests, we may disclose specific information without your consent and without notice to you. Information collected from or about you may also be used to investigate security breaches or otherwise cooperate with authorities. We may also share information with companies assisting in fraud protection or investigation.
We may disclose information about you without your consent and without notice to you as required to enforce or apply the Terms and Conditions or other agreements you may have with us.
In the 12 months preceding the Last Updated date of this Policy, we have disclosed the following categories of consumer Personal Information for a business purpose:
Identifiers (i.e. email address, real name, alias, IP address, or account name);
Personal information as set forth in Cal. Civ. Code 1798.80(e) (i.e. education, employment, phone number, address, or name);
Internet or other similar network activity (i.e. browsing history, application usage, consumer interaction, or search history).
Sale of Personal Information
At present, we do not sell your Personal Information – your information is used solely to market further to you and others by our company. In the 12 months preceding the Last Updated date of this Policy, we have not disclosed consumer Personal Information to any third parties for purposes of a “sale” of your information.
California and Nevada Disclosure
California and Nevada residents have the right to opt out of the sale of their Personal Information. At present, we do not sell your information, but maintain the right to do so in the future. In the event we do opt to sell your information in the future, we will include on our website the ability to opt out of the sale of your Personal Information.
Securing Your Personal Information
We take reasonable efforts to help ensure the integrity and security of our network and systems, however we use third parties, such as Mailchimp, to store your Personal Information and cannot guarantee that your Personal Information will not be subject to unauthorized access, disclosure, or loss. Please advise us immediately of any incident involving the loss of or unauthorized access to or disclosure of Personal Information that is in our custody or control. You may email us at contact@picturehouse.com or leave a message at 347-951-2511.
Any third-party website or app linking to or from the Sites is subject to the privacy practices and privacy policy, if any, applicable to the third party’s website or app. We are not responsible for the privacy practices or contents of any partner or third-party website or app. We recommend that you always review the privacy policies of merchants and other third parties before you provide any Personal Information or complete any transaction with such parties.
Message Boards and Posting
Please keep in mind that if you disclose Personal Information or personally sensitive data on our public message boards, this information may be collected and used by others. We strongly suggest you exercise caution when deciding to disclose Personal Information on any public area of our Sites or the Services; we cannot control, and are not responsible for, the actions of third parties that may access the Sites or Services and disclosing any information in public areas is done at your own risk.
Children’s Privacy
Our Services are not aimed at or intended for persons under the age of 18. We do not knowingly collect information from children. If you are under age 18, do not use our Services or submit any information to us. If we learn that we have inadvertently collected Personal Information relating to a child under the age of 18, we will delete that information from our records. If you believe we might have any information from or about a child under the age of 18, please contact us at contact@picturehouse.com or leave a message at 347-951-2511.
Applicable Law
We recognize that our Sites may be accessed from anywhere in the world, and that the laws of the jurisdictions in which some users are located may differ substantially from those of the United States and the State of California. You should be aware that Personal Information and data related to the Services is hosted in the United States. Because we cannot practicably prevent users in different jurisdictions from accessing the Services, you are responsible for knowing and complying with the laws of your jurisdiction. If such laws conflict with your use of the Services or any of their content or functionality, the Services are not intended for you, and we ask you not to utilize the Services.
CLASS ACTION WAIVER: Neither you nor we shall be entitled to join or consolidate claims by or against other individuals or entities, or litigate or arbitrate any claim as a representative member of a class or in a private attorney general capacity.
Updates and Interpretation of this Policy
We may update this Policy to reflect material changes in how we collect, use, or share your information, to satisfy legal requirements, or for other business purposes. You should review this Policy when you visit the Sites or participate in our Services. The date at the top of the page shows when this Policy was last updated. We encourage you to refer to this Policy on a regular basis so that you understand our current practices. You consent to any changes we make to this Policy if you continue to use the Services after receiving a notice of the change or upon our posting of the new Policy on the Sites.
This Policy does not create or confer upon any individual any rights or impose upon us any rights or obligations outside of, or in addition to, any rights or obligations imposed by applicable privacy laws. Should there be, in a specific case, any inconsistency between this Policy and applicable privacy laws, this Policy shall be interpreted in that case to give effect to, and comply with, such privacy laws.
Contact Us
If you have questions or comments about this Policy, please contact us at: contact@picturehouse.com or leave a message at 347-951-2511.