TERMS OF USE

These terms of use are entered into by and between you and Reel FX, Inc. (along with any parent, subsidiaries, or divisions (“Reel FX”, “we”, or “us”). The following terms and conditions (“Terms of Use”), govern your access to and use of Reel FX.com, ATKPLN.com, Lodge26.com, our servers, and applications distributed by Reel FX (collectively, the “Website”), including any content, data, functionality, and services offered on or through the Website (collectively, the “Content”).  By accessing, browsing and using the Website, you acknowledge that you have read, understood and agree to comply with these Terms of Use and Reel FX’s Privacy Policy referenced below and incorporated herein (collectively, the “Agreement”).  If you are accepting this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the terms and conditions contained herein. If you do not agree to any of these terms, then please do not use the Website or Content.

 

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

 

Updates to the Terms of Use


Reel FX reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use at any time. Please check these terms and conditions periodically for changes. Your continued use of Reel FX’s Content following the posting of changes to these Terms of Use will mean you accept those changes.

 

Eligibility


This Website is available for individuals aged 18 years or older. You warrant that you are at least 18 years old and possess the legal authority to enter into this agreement and to use this Website in accordance with the terms and conditions of this agreement.

 

Ownership; Intellectual Property


The Website is protected by intellectual property laws, including but not limited to United States copyright laws.  You expressly acknowledge and agree that the content accessible within the Website is the property of Reel FX and its content providers, and Reel FX and its content providers retain all right, title, and interest in the Content.

 

Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

 

If you violate any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Reel FX (collectively, the “Reel FX Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Reel FX.  Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with Reel FX Trademarks, the “Trademarks”). Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Reel FX Trademarks inures to our benefit.

 

Elements of this Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

 

Contact with Reel FX

 

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of productions, products, and services that incorporate such information.

 

NO WARRANTIES/LIMITATION OF LIABILITY

 

THE WEBSITE, THE CONTENT AND REEL FX’S SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT. THE COMPANY HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

 

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT, AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE OR THE CONTENT SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

 

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR OTHER ERRORS LISTED ON THE WEBSITE. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.

 

Third Party Sites


This Website may contain links to third-party websites (“Third Party Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such Third Party Sites. The content of such Third Party Sites is developed and provided by others. You should contact the site administrator or webmaster for those Third Party Sites if you have any concerns regarding such links or any content located on such Third Party Sites. We are not responsible for the content of any linked Third Party Sites and do not make any representations regarding the content or accuracy of materials on such Third Party Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked Third Party Sites, you do so at your own risk.

 

Indemnification


You agree to defend, indemnify, and hold Reel FX, its affiliates, and their respective shareholders, members, officers, directors, employees, agents, and representatives (collectively, the “Reel FX Parties”) harmless from and against any and all claims, actions, or demands and relating costs, damages and liability (including, without limitation, reasonable attorneys’ fees) arising or resulting from: (i) your breach of this Agreement; (ii) your use of the Website and/or the Content in violation of this Agreement; or (iii) your violation of any third-party right, including without limitation any intellectual property, or privacy right.

 

Compliance with Applicable Laws


This Website is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access this Website, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

 

Termination


We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your and any device’s access to all or any part of this Website and the Content, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of this Website or the Content at any time without prior notice or liability.

 

Binding Arbitration


At Reel FX’s sole discretion, we may require you to submit any disputes arising from the use of the Content and the Agreement, including disputes arising from or concerning interpretation, violation, invalidity, non-performance, or termination of these Terms of Use, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.  Nothing in this Agreement will prevent Reel FX from seeking injunctive relief in any court of competent jurisdiction as necessary to protect Reel FX’s proprietary interests.

 

Class Action Waiver


You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

 

Privacy Policy; Your Information

 

All information we collect on this Website is subject to our Privacy Policy, located below, immediately following these Terms of Use. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Miscellaneous Terms

 

If this Agreement is terminated in accordance with the Termination provision above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Ownership; Intellectual Property,” “Contact with Reel FX,” “No Warranties/Limitation of Liability,” “Indemnification,” “Termination,” “Compliance with Applicable Laws,” “Binding Arbitration,” “Class Action Waiver,” and “Miscellaneous Terms.” You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its principles of conflicts of laws. Except for proceedings commenced by Reel FX to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the Dallas County, Texas. Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. This Agreement contains the entire agreement of the parties concerning its subject matter, and supersedes all existing agreements and all other oral, written or other communication between the parties concerning the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

 

Effective Date of these Terms of Use

 

This Privacy Policy is effective as of: August 1, 2018

 

 

PRIVACY POLICY

Reel FX, Inc., a Texas corporation (“us”, “we”, or “Reel FX”) is committed to providing a safe and secure experience for members, visitors and users (“you” or “your”) of ReelFX.com, ATKPLN.com, Lodge26.com, our servers, and applications distributed by Reel FX (hereafter, collectively, the “Website”). The purpose of this Privacy Policy is to explain what information we collect, how we collect information, and how we use that information, so that you may ensure the privacy of your personal information.  CAREFULLY READ THIS PRIVACY POLICY STATEMENT BECAUSE BY YOUR USE OF THE WEBSITE AND ITS SERVICES YOU WILL BE EXPRESSLY AGREEING TO THIS PRIVACY POLICY STATEMENT AND THAT YOU CONSENT TO THE USE OF ANY PERSONAL INFORMATION THAT YOU SUPPLY OR THAT IS COLLECTED ABOUT YOU AS DETAILED IN THIS PRIVACY POLICY STATEMENT.

 

IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS PRIVACY POLICY STATEMENT YOU SHOULD NOT USE THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE.

 

1. The Information We Collect

 

Personal Data. While using our website, we may ask you to provide us with certain personally identifiable information (“Personal Data”) that may be used to respond to e-mails and/or questions you may have, provide our services to you, or allow you to subscribe to our newsletters and promotional materials. The personally identifiable information we collect may include, but is not limited to your first name and last name, email address, phone number, address, company and cookies and usage data.

 

Access and Usage Data. We may also collect information about how the Website is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Website that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

 

Tracking Cookies Data.  We use cookies and similar tracking technologies to track the activity on our Website and hold certain information.  Cookies are files with small amounts of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, pixels, and scripts to collect and track information and to improve and analyze our Website.

 

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Website.

 

Examples of categories of Cookies we use:

 

Necessary Cookies: These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms.

 

Performance Cookies: We use performance cookies allow us to count visits and traffic sources, so we can measure and improve the performance of our site. They help us know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous.

 

Targeting Cookies: These cookies are set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant ads on other sites. They work by uniquely identifying your browser and device.

 

2. How Do We Use Personal Information

 

We only use your information (i) in aggregate, anonymized form for analysis, marketing and/or demographic purposes (e.g., to describe the total number of users who are using the Website), (ii) to diagnose and fix technology problems, (iii) in connection with any services we provide to you via the Website, (iv) to further develop and improve any services offered by us, (v) when necessary to comply with applicable laws or valid subpoenas or document productions in litigation, (vi) to enforce any of our rights, network security or Terms of Use, (vii) to identify or bring legal action against someone who may be violating our Terms of Use, (viii) to notify you about changes to our Website or any services we offer or provide through it, (ix) in any other way we may describe when you provide your information, and (x) for any other purpose with your consent.

 

Except as set forth herein, we will not use any of your personally identifiable information.

 

3. Third-Party Sites and Services

 

The Website may be linked to web sites and other services that are not maintained by Reel FX. These services and web sites have their own privacy policies, which you should review prior to visiting them. Reel FX has no responsibility for linked web sites or services, and provides links solely for the convenience and information of our visitors. Your personal information may be shared on any such external service you use.  For example, if you use any Website social media interface, your username and photo may be visible to others.

 

4. Information We Share

 

We do not sell or otherwise disclose personal information we collect about you, except as described herein or otherwise disclosed to you at the time the data is collected.

 

We may share your personal information with third-party service providers who perform services on our behalf, inclosing vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to provide you with our Website.  Except as otherwise set forth in a specific privacy policy governing an application created by us, we do not authorize these service providers to use or disclose your information except as necessary to perform services on our behalf or comply with legal requirements. In addition, we may share your information with our affiliates.

 

In addition, we may disclose information about you (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials, (iii) to enforce or exercise our rights under our agreements with users or to investigate or defend against any action or allegation against us, or (iv) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity.

 

5. Data Security

 

Reel FX has established appropriate physical, electronic, and organizational procedures to protect the confidentiality, security, integrity, and correctly use the information we collect through the Website.

 

6. Data Transfer

 

We may transfer the information we collect on the Website to other countries other than in which the information was originally collected.  Those countries may not have the same data protection laws as the country in which you initially provided the information.  By submitting your personal information, you consent to this transfer.  When we transfer your information to other countries, we will protect that information as described in this Privacy Policy.  We have taken steps to provide an adequate level of protection in accordance with European data protection law in cases of transfers from Europe to third countries.

 

7. A Note to Parents

 

Reel FX does not knowingly collect Personal Information from children under 13 years of age. If Reel FX learns that it has inadvertently gathered personal data from children under 13 years of age, Reel FX will take reasonable measure to promptly delete such data from Reel FX’s records.

 

The Children's Online Privacy Protection Act ("COPPA" or the "Act") protects the Personally Identifiable Information of children under the age of 13. The Act applies to individually identifiable information about a child that is collected online, such as full name, home address, email address, telephone number, photos of your children or that show a location, geolocation and IP addresses, device identification numbers, cookies, serial numbers or any other information that would allow someone to identify or contact the child. The Act also applies to information obtained through tracking mechanisms when tied to individually identifiable information. It is important for you to understand the Act and what steps you can take to protect your child's online privacy. You may learn more about the COPPA at http://www.ftc.gov/ogc/coppa1.htm.

 

Reel FX cares about the privacy and confidentiality of any information shared with us, so we will never knowingly request personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. If you have any questions or comments about our policy, please contact us using the Contact Information provided below.

 

8. Your Rights


We offer you certain choices in connection with the personal information we collect about you, such as how we use the information and how we communicate with you.  To update your preferences, ask us to remove your information from our mailing lists, exercise your rights or submit a request, please contact us as indicated in the “How to Contact Us” section of this Privacy Policy.  To the extent provided by the law of your jurisdiction, you may request access to the personal information we maintain about you or request that we correct, amend, delete or block the information by contacting us as indicated below.  Where provided by law, you may withdraw any consent you previously provided to us or object at any time on legitimate grounds to the processing of your personal information, and we will apply your preferences going forward.

 

9.  Additional Notice to Residents of the European Economic Area (“EEA”)

 

If you are a resident of the EEA, you have certain rights and protections under the law regarding the processing of your personal information.

Legal Basis for Processing:  If you are a resident of the EEA, we will only process your personal information in the following situations:

-        Where we have obtained your consent to the processing activity specified in our request.

-        When we have a legitimate interest in processing your personal information. For example, we process the personal data we collect from you to send you marketing communications, to communicate with you about changes to our Website, and to provide, secure, and improve our Website.

-        In order to perform our responsibilities under any agreement with you.

-        In order to comply with our legal or regulatory obligations (e.g., in response to legal process requests).

 

Data Retention:  We store the information we collect about EEA residents for as long as is necessary for the purposes for which we originally collected such information.  We may retain certain information for legitimate business purposes or as required by law or regulation.

 

Data Subject Requests:  If you are a resident of the EEA, you have the right to access personal information we hold about you and to ask that your personal information be corrected. In certain cases, you may also have the right to request that we erase data we are processing or to restrict or object to certain of our processing activities.  If you would like to exercise any of these rights, you may contact us as indicated in the “How to Contact Us” section below.

 

Questions or Complaints:  If you are a resident of the EEA and have a concern about our processing of personal information that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside. For contact details of your local Data Protection Authority, please click HERE.

 

10. Your California Privacy Rights

 

California Civil Code Section §1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us as indicated in the “How to Contact Us” section below.

 

11. How to Contact Us

 

If you have any additional questions or concerns about the Website, please contact us at:
Reel FX, Inc.
Attn: Legal Affairs
301 N. Crowdus St.
Dallas, Texas 75226
Phone: 214-979-0961
Email address: trevor.roe@reelfx.com

 

12. Modification of This Privacy Policy

 

This policy is subject to change in our sole discretion and any such changes will become effective immediately. If there are material changes to this policy, we will provide notice of the changes by posting the amended policy and by revising the effective date of the Privacy Policy at the bottom of the page.

 

13. Effective Date of This Privacy Policy

 

This Privacy Policy is effective as of: August 1, 2018