1. BACKGROUND.

Machinima, Inc. ("Machinima","we", "us", "our") provides a website located at www.machinima.com (the "Website") where Machinima's Services are promoted, described and/or provided (as that term is defined in the Terms of Service to which you have agreed as a User of the Services or a Member of our community). The Services include video and text–based content, community oriented activities, social networking experiences, sharing, commenting, entertainment and editorial content and coverage, commerce, interactive and gaming products, special offers, and more – all with the goal of providing gamers around the world with a valuable service and a cutting edge, informative and fun user experience through which they engage in the games they love, join communities around those games, discover new games, get the best of gaming news and entertainment and the best products and applications connected to the games and gaming experiences they love. This Privacy Policy explains our policies regarding information you provide to us and how it is used. We offer our Services through a network of partners and providers; for example, our Content is available through third party video sites such as YouTube, and other products and applications we make are as well (for example, applications that may be used by our Facebook fans). When Users or Members use our Services on or through third party sites or technologies, they should remember that those third parties themselves may have terms, conditions, policies (including privacy policies) which are not in our control and may or may not be consistent with our Terms of Service and policies. In those scenarios, please make sure to familiarize yourself with any additional party's sites or service's policies that may apply, and be sure to abide them as well!

2. INFORMATION WE COLLECT AND HOW WE USE IT.

We do not collect personally–identifiable information about you unless you provide us with such information via creation of a user account as part of becoming a Member of our community or through using Services as a Member where such information is specifically requested and made aware to you. Why would we ever ask for personally identifiable information from you? A lot of reasons. Our goal is to give you the best experience and most value possible. You may want to provide us with this type of information about you because you want to receive our email newsletter, or you want to participate in a survey, or leave comments on our blog. You may want to get special offers from us or our advertising and special promotion partners. Heck, you may want to buy a new Machinima t–shirt because your old one has disintegrated from overuse. In certain cases like these, from time to time, we may require you to provide additional information to us, some of which may be personally–identifiable information, particularly when using Services that involve commerce and advertising (ie, giving you a coupon or discount, conducting a transaction, giving you special offers from our partners, etc.). This would be information such as your e–mail address, gamertag, PSID, YouTube ID, phone number, billing, shipping and other credit card processing information and would depend on what the particular event or campaign involved. Any credit card payments made by you will be processed by a third–party payment processor. We do not permanently store credit card information either on or outside the Website. We or our partners may automatically record your IP address, place "cookies" on your computer, use so–called "beaconing" (sometimes called 'single–pixel–gifs') and re–marketing technologies, and/or create log files or mechanisms to help us recognize your browser, your location, enable your use of certain Website or Service functionality, diagnose problems with our server, administer and improve our Website and Services, understand your preferences, and enhance your overall experience. Sometimes our partners or third–party advertisements may use cookies or beaconing that we do not control and, in those cases, you should look at the advertising partner's terms of service and privacy policy as well. We gather broad demographic information about our Users and Members as well as specific information associated with your use of the Website/Service features (e.g. viewing patterns, things you like or dislike, what special offers are the most compelling, purchasing patterns, etc.) and any other information you provide to us directly or via your use of the Website or the Services. We also receive 'pass–through' information about User and Member behaviors on other platforms such as YouTube and Facebook, from time to time, as is typically available to similar players of our size and scale on those platforms. We use your information to better our Services and offerings, optimize and personalize your user experience, analyze engagement & usage, gauge responses and interest levels in various offerings, get more valuable speciall offers, respond to inquiries from you, notify you about new features and special promotions, fulfill transactions and orders for products, applications and other services, provide customer service and information, and to support your use of the Website and the Services (including in connection with Website maintenance, backup and analysis). We may collect and report to third parties information about our Members such as demographics (e.g., if a majority of our audience are males age 18–34, we may provide that general information to a content or service provider, or advertising or strategic partner), audience preferences (e.g., one game title is extremely popular in Seattle, whereas another title is more popular in New York City) and audience behavior (e.g., audience members who watch gameplay videos and official trailers are more likely to "pre–order" a game title than those who watch only official trailers). As part of the Services, we may provide downloads of software or apps created by us or third–parties for beta–trials, closed betas, and then public launches, or downloads for, or host play of, pre–release test, or "beta", versions of games as well as partial game demonstrations, trials and full game downloads provided by the owner/publisher. In order to receive or participate in these programs, you may be required to provide personally– identifiable information, which we may in turn provide to the owner/publisher. Any such information that you provide will be subject to the game owner's/publisher's privacy policy, and we have no control over the ways that game owners/publishers may use this information or disseminate it.

3. SECURITY / CONFIDENTIALITY.

We will take all reasonable steps to maintain the security and confidentiality of your personally– identifiable information; however, we cannot and do not guarantee the complete security of the information you provide to us through your use of our Services and/or Website (or third–party sites on or through which you may use our Services), and you agree to specifically release us from any liability related in any way to such information. Any personally–identifiable information posted by you or provided to us to be posted (e.g., comments you make on one of our video content pieces) on publicly accessible portions of the Website may be read or utilized by any person with access to such portions of the Website (e.g. comments you make on our blog page). We reserve the right to take any action with respect to information posted on the Website or other third–party sites that we have the ability to control some portion of, including, but not limited to, termination of your Membership and rights of use; but we cannot, nor do we, review, edit and/or control the information provided by Users or content providers which is made available through the Website as a general matter. Any user identification names or passwords we provide to you or you utilize shall be maintained by you as confidential and should not be shared with anyone not authorized to have access to your personally–identifiable information.

4. OPT OUT PROCESS / CHANGING SETTINGS.

We will not share your personally–identifiable information with third parties for their direct marketing purposes unless you agree to such a use by us (via direct agreement to such use or your request to receive information from a third party through us that is selling goods or services or otherwise participating in an activity on the Website; for example a promotion we run with a game retailer partner that may entitle you to receive a coupon or discount off a future purpose). If you have opted–in to receiving information from such third parties, you may contact us or our designee (an email marketing provider that we may use to send communications to you directly on our behalf, for example) to opt–out of receive marketing communications from us and/or third parties, as the case may be. We will use commercially reasonable efforts to promptly accommodate any requests you make to opt–out of receiving certain communications. Notwithstanding the above, we reserve the right to disclose (on a confidential basis) and/ or transfer your personally–identifiable information to our affiliates, or to a third party in connection with the sale of all or substantially all of our stock or assets. If you would like to change any of your personal account settings, you may do so at machinima.com/login.

5. DISCLOSURES THAT MAY BE REQUIRED BY LAW.

From time to time, we may be required by applicable laws, rules or regulations, subpoena, court order or other legal process to disclose your personally–identifiable information. It is our policy to comply with any such requirements, and you agree we shall have no liability for any such disclosure if we deem it necessary or appropriate. We may also securely communicate your information to credit reporting and/or law enforcement agencies solely in connection with, and restricted to, their assistance in preventing or assessing fraudulent and/or unlawful transactions.

6. OTHER WEBSITES.

Like most players on the web, our Website, Services and other products may contain links to other websites. We are not responsible for the privacy practices or the contents of such websites, and you should familiarize yourself with their privacy policies prior to using any such third party websites.

7. COPPA & SHINE THE LIGHT LAW (CALIFORNIA).

COPPA: Pursuant to the terms of the Children's Online Privacy Protection Act (COPPA), we do not knowingly collect personally–identifiable information from children under the age of thirteen (13). The Website and our Services are not intended for or directed at children under the age of thirteen (13), and by using the Website, the Services and/or registering as a Member, you represent that you are not under the age of thirteen (13). Parents or legal guardians may not agree to the Terms of Use, this Privacy Policy, or the disclosure of a child's personally–identifiable information on a child's behalf. If we become aware that you have registered with us for a Service or usage of our Website and are in fact under the age of thirteen, we will terminate our relationship and destroy any and all confidential information that we may have been given by you, and delete it from any storeage facilities or databases as soon as reasonably possible.

California Shine the Light Law: Under California's "Shine the Light" law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us, once per calendar year, information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2011 will receive information regarding 2010 sharing activities). To obtain this information from us, please contact us at the following email address: info@machinima.com and write "Request for California Privacy Information" for the subject of your message. We will send you a reply e–mail containing the requested information once we confirm your request. Not all information sharing is covered by the "Shine the Light" requirements and only that information which is covered will be included in our response.

8. CONSENT TO PROCESSING OF YOUR INFORMATION IN THE USA.

Regardless of your country of origin, or country, state and/or province of residence, by utilizing the Website, Services and/or directly providing personal information to us, you hereby agree to and acknowledge your understanding of the terms of this Privacy Policy, and consent to have your personal data transferred to and processed in the United States and/or in other jurisdictions as may be determined by us in our sole discretion in a manner consistent with the laws of the United States.

9. UPDATES & AMENDMENTS.

We may update this Privacy Policy from time to time as we modify or expand our Website by posting the updated Privacy Policy on our Website. We suggest that you check back from time to time in order to understand how we treat your information.

10. QUESTIONS?

Any questions about the Website, our Services, products, offerings, or practices? Send us a note at info@machinima.com, with "Machinima Questions" in the subject line and let us know how we can help.

Machinima, Inc.
P.O. Box 692200
Los Angeles, CA 90069

Version dated October 5, 2010