The Family Catalog Web Site

The Family Entertainment Catalog.com

PRIVACY POLICY

Welcome to The Family Entertainment Catalog website (this "Site"), which is owned and operated by The Family Entertainment Catalog, LLC ("TFEC" or "we" or "us"). TFEC understands the importance of our customers’ privacy. We are committed to protecting your privacy and keeping your experience at TFEC secure, enjoyable, efficient and easy. We have provided this disclosure (this "Privacy Policy") so that you will know what personally identifiable information ("Personal Information") is collected through this Site and how we use, share and protect such information, and what choices you have about how the information is used. For purposes of this Privacy Policy, Personal Information means information that identifies a particular individual, such as name, mailing address, telephone number or e-mail address. When other information, such as product purchases or product preferences, is directly associated with your personally identifiable information, this other information also becomes Personal Information.

Your Consent.
Please carefully review this Privacy Policy. By using this Site, you are consenting to the collection, use and disclosure of your Personal Information as set forth in this Privacy Policy, and agree to be bound by all disclaimers and terms and conditions that are contained in this Privacy Policy or that appear elsewhere on this Site. If you do not consent to the terms of this Privacy Policy, please do not use this Site. If you are dissatisfied with this Privacy Policy, you agree that your sole and exclusive remedy is to discontinue using this Site.

What Information Is Collected Through This Site and How Is It Used?
There are many features on this Site for which no registration is required. When you access and use this Site, however, there are generally three ways we may collect information about you:

1. Information You Knowingly and Voluntarily Provide.

Use of Your Personal Information. TFEC collects the information you knowingly and voluntarily provide when you use this Site, for example, the information you provide when participating in certain activities on this Site such as making an online purchase, setting up or maintaining an account, subscribing to one of our newsletters, participating in one of our surveys or certain incentives, or when you ask us a question or send us feedback. In many cases, this information will include your e-mail address and other personally identifiable information. TFEC only uses your Personal Information for the purposes for which you provide it (e.g., to confirm and fulfill your orders). For example, if you order a product or service from TFEC, we ask for your name, postal address, e-mail address, telephone number and credit card number (TFEC uses credit card numbers and other payment information submitted through this Site for payment purposes only, and utilizes industry standard secure encryption technology to reasonably assure the privacy and security of the payment information of anyone who places online orders with us). If you are ordering a product or service as a gift for another person, we will ask you for that person’s name, postal address and telephone number in order to enable us to deliver the gift to the recipient. If you participate in an activity such as a survey, we may ask you to provide other types of information such as gender or personal interests, which we may associate with your Personal Information.

Additional Permitted Uses. As permitted under applicable law, we may use the information we collect through this Site for various other business purposes such as customer service, fraud prevention, market research, improving our products and services, and to contact you with information and offers we believe may be of interest to you, and we may combine your Personal Information with other information that is publicly available or that we receive from other reputable sources. In addition, we may remove all the personally identifiable information and combine such data with other aggregated data compiled by TFEC for historical, research or statistical purposes. Since such anonymous aggregated data does not include Personal Information from which the identity of an individual can be determined, TFEC reserves the right to use aggregated data in any way it considers appropriate.

E-Mail Addresses. TFEC collects e-mail address information from you when you enter your e-mail address on this Site to order a product or service, subscribe to one of our newsletters, set up or maintain an account or participate in one of our surveys. TFEC collects and maintains e-mail address information from you so that we may confirm and/or deliver your purchase; communicate with you regarding your order or registration; set up or maintain your account; and alert you to other TFEC products and services that may be of interest to you. If you send us an e-mail message, we may retain that message and your e-mail address, as well as any response we send to you.

Opting Out. You may receive promotional e-mails from TFEC, and receiving promotional communications from TFEC is optional. You will be given the opportunity to "opt out" or stop receiving such e-mails at any time. If you do not want to receive such communications, to opt out simply send an e-mail to info@thefamilycatalog.com and include "Remove" in the reply or subject line, or write to us at the address provided below. Please include your name and e-mail address so that we can identify your e-mail address in our database and process your request. Because we plan our communications in advance, it may take several weeks for your request to become effective. If you continue to receive our communications, please contact us again and we will make every effort to correct the situation, and we appreciate your patience in giving us time to carry out your request.

2. Information Provided to TFEC via Your Web Browser.

Site-Visitation Data. As is true of most websites, in addition to information you choose to provide to TFEC, we also gather certain non-personally identifiable information automatically through technology to make our Site more interesting and useful to you. For instance, when you come to our Site, we collect the Internet Protocol (IP) address of your Internet service provider (ISP), the name of your operating system (such as Windows® or Macintosh®); the name and version of your browser (such as Netscape® or Internet Explorer®); and the Internet address of the website from which you linked directly to our Site. The information we receive depends on the settings on your web browser. Please check your browser if you want to learn what information your browser sends or how to change your settings.

Personalized Content. This type of information does not identify you personally. We use this information to create statistics that help us improve our Site and make it more compatible with the technology used by our Internet visitors. If you access this Site through an e-mail we have sent you or have created a "user identity" by logging on during one of your visits, this information will not be linked to information that identifies you personally without your approval. With your approval, we will combine Site-visitation data with the Personal Information that you have provided to us and/or with other information that is publicly available or that we receive from other reputable sources in order to make our Site and communications more targeted to your interests.

3. Information Collected by Placing "Cookies" On Your Computer.

Our Site Utilizes Cookies. TFEC may obtain information about you and your visit to this site by installing "tags" or small text files on your computer’s hard drive via a Web page server. These commonly used tags are known as "cookies," and allow websites to remember information about visitors. We use cookies for a variety of purposes, including to provide you continuity from page to page, to recognize your browser when you return after your first visit, to personalize your return visit and to save you time during certain activities (e.g., such as checking out from our on-line store), and to enhance overall the quality of our Site. Cookies cannot be used to run programs or deliver viruses to your computer, and are uniquely assigned to you, and can only be read by a Web server in the domain that issued the cookie to you. You have the ability to accept or decline cookies. Most cookies do not expire when you close your browser and they stay on your computer until you delete them. If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. Although you are not required to accept cookies when you visit this Site, you may be unable to use all of the functionality of this Site if your browser rejects our cookies. For example, if your browser does not accept cookies from this Site, you may not be able to log in to your account, retain a shopping cart or make an online purchase.

Does TFEC Share Personal Information With Others?
We take very seriously our responsibility to maintain your privacy with respect to your Personal Information. TFEC does not sell, trade or rent your Personal Information to others (e.g., mailing list brokers). TFEC may share your Personal Information with its affiliates and companies we hire to perform support services for us, such as web hosting, credit card processing and order fulfillment. In addition, there may be some other, limited circumstances in which we may share or transfer Personal Information to third parties. For example, we may provide personal information to a third party: (i) to comply with a legal requirement or court order; (ii) to investigate a possible crime, such as identity theft; (iii) to protect the security of our Site and the integrity of our databases; or (iv) in connection with a corporate transaction, such as a divestiture, merger, consolidation, asset sale or similar event. Where appropriate, before disclosing Personal Information to a third party, TFEC will contractually require the third party to take reasonable precautions to protect such information against unauthorized use or disclosure.

Security of Personal Information.
TFEC is committed to protecting the security of your Personal Information. We use a variety of security technologies to help protect the Personal Information you provide to us against any unauthorized disclosure, misuse, loss or alteration. Although we make every reasonable effort to protect Personal Information, no method of transmitting or storing electronic data is ever completely secure, and we therefore cannot guarantee that such information will never be accessed, used or released in a manner inconsistent with this policy. We also cannot guarantee the security of systems that are connected to the Internet or the security of information transmitted over the Internet. TFEC employees are made aware of this Privacy Policy, and we limit access to Personal Information only to those employees with a specific need to retrieve such information.

Links to Other Web Sites.
We may provide links on our Site to other websites we think you will enjoy or find useful. This Privacy Policy applies only to this Site, and links to other third party websites operate independently of TFEC. These links are provided as a service and a convenience to you and do not imply any endorsement of the activities of these third party websites, or any association with their operators. TFEC does not control these websites and is not responsible for their data practices or the content of such websites. We encourage you to carefully review the privacy policy posted on any website you visit before using the website or providing any personally identifiable information about yourself.

Children’s Privacy.
The Children’s Online Privacy Act imposes certain restrictions on websites directed toward children under the age of 13 and that knowingly collect information on children under 13. We do NOT knowingly collect any Personal Information from children under 13. No one under the age of 18 should submit any Personal Information to this Site or any other website without the consent of a parent or guardian.

WARRANTY DISCLAIMER.
TFEC AND ITS DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, AND CONTRACTORS (ALL OF THE FOREGOING, COLLECTIVELY, THE "REPRESENTATIVES") MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE, ITS CONTENT OR ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS AND SERVICES CONTAINED ON THE SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. TFEC AND ITS REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. TFEC ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE OR CURRENT. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS AND OTHER MATERIAL ON THIS SITE OR ANY WEBSITE WITH WHICH IT IS LINKED. PRICING, PROMOTIONS AND AVAILABILITY ARE SUBJECT TO CHANGE WITHOUT NOTICE.

LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TFEC AND/OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A COMPUTER OR ELECTRONIC VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR ANY WEBSITE WITH WHICH IT IS LINKED, OR FOR ANY INFORMATION, SOFTWARE, PRODUCT OR SERVICE OBTAINED THROUGH THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TFEC OR ANY OF ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK-UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.

Indemnification.
You hereby agree to indemnify and hold harmless TFEC and its Representatives from and against any and all claims, charges, demands, damages, liabilities, losses and expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim, and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by TFEC and its Representatives, directly or indirectly, by reason of any act or omission which you commit in breach of these terms and conditions or other terms and conditions or policies set forth elsewhere on this Site.

Contacting Customer Service; Questions About Our Privacy Policy.
TFEC wants your information and preferences to be accurate and complete. We provide several methods for you to correct, update or change the information you provide to TFEC. If you have changes or updates to your Personal Information, or have any questions about this Privacy Policy or concerns about the way TFEC processes your personal information, please contact us by writing:

Via Traditional Mail:
The Family Entertainment Catalog, LLC
Attn: CUSTOMER SERVICE – PRIVACY
17113 Minnetonka Blvd, Suite 200
Minnetonka, MN 55345

Via E-mail:
info@thefamilycatalog.com

Changes to This Privacy Policy and Applicable Law.
This Privacy Policy describes TFEC’s current policies and practices with regard to the Personal Information we collect through this Site. These terms and conditions, together with any other terms and conditions or policies set forth elsewhere on this Site, set forth the entire understanding between you and TFEC regarding this Site. We reserve the right to modify this Privacy Policy, and to any other terms and conditions or policies set forth elsewhere on this Site at any time, without prior notice, by posting the revised version on this Site. PLEASE VISIT AND REVIEW THIS SITE PERIODICALLY FOR ANY CHANGES. If we modify our Privacy Policy, the modifications will apply only to the Personal Information we collect after we have posted the revised Privacy Policy on this Site. By using this Site after our Privacy Policy has been modified, you are agreeing to be bound to the modifications. This Site is created and controlled by TFEC in the State of Minnesota, and laws of the State of Minnesota will govern these terms and conditions, excluding any applicable conflict of laws provisions. The exclusive jurisdiction and venue concerning all disputes arising out of or relating to this Privacy Policy or use of the Site shall be Hennepin County, Minnesota.

LEGAL NOTICE AND ACCEPTANCE OF TERMS OF USE.
UNLESS OTHERWISE EXPRESSLY INDICATED, THIS SITE AND ITS CONTENTS ARE THE PROPERTY OF TFEC AND/OR ITS AFFILIATES, LICENSORS OR ASSIGNS, AND ARE PROTECTED, WITHOUT LIMITATION, PURSUANT TO U.S. AND FOREIGN COPYRIGHT AND TRADEMARK LAWS. THE FAMILY ENTERTAINMENT CATALOG IS A TRADEMARK OF THE FAMILY ENTERTAINMENT CATALOG, LLC. OTHER TITLES, LOGOS, DESIGNS, PRODUCTS, SERVICES AND COMPANY NAMES MAY BE TRADEMARKS AND/OR SERVICE MARKS OF THEIR RESPECTIVE OWNERS. BY ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PRIVACY POLICY AND AGREE TO ALL ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE, PLEASE DO NOT USE THIS SITE.

This Privacy Policy was last revised March 2008.