Kevin Costner & Modern West Privacy Policy

Last revised and effective as of December 10, 2010

Welcome to the Kevin Costner & Modern West online experience, and thank you for visiting!

This website is operated by NXTM LLC (“NXTM”) on behalf of Kevin’s Music, LLC (the “Company,” and collectively with NXTM, “we,” “us,” or “our”). We are committed to respecting your privacy. Please read the following privacy policy (the “Policy”) to understand how we may collect, use and protect information that we learn about you as a result of your interaction with us through the website(s) on which this Policy is posted, including but not limited to www.kevincostnermodernwest.com and related online experiences (collectively, the “Site”) and the activities and services provided on and through the Site, including posting and viewing videos, photographs, music and other content, retail services, bulletin boards, forums, comments, chats, and all other areas (the “Services”). This Policy is effective as of the date set forth above and is only applicable to the Site and not to any other website that you may be able to access from the Site which may have its own data collection and use practices and policies. Except as explicitly provided herein, this Policy does not apply to the practices of companies that we do not own or control, or to people that we do not employ or manage.

By accessing any part of the Site or using the Services, its visitor or user (“you” or “your”) consents to and agrees with this Policy. This Policy is part of the Terms and Conditions governing your use of the Site and the Services. Any dispute over privacy is subject to this Policy and our Terms and Conditions of Use. Please read the Terms and Conditions of Use. If you do not agree with any part of this Policy, please do not use the Site or the Services.

We may change or revise this Policy at any time, for any reason and without notice. Your continued use of any of the Site or Services signifies your acceptance of any such changes or revisions. For this reason, please visit this page on a regular basis to ensure that you are familiar with the most recent version of this Site’s Policy and its Terms and Conditions of Use. You can address your questions or concerns regarding this Policy to webmaster@kevincostnermodernwest.com. Please note that the use of information that we gather is subject to the Privacy Policy in effect at the time of use.

This Policy covers personally-identifiable information and other solicited visitor information that may be collected on the Site. It does not cover information that may be collected by us through any other means. It also does not apply to any unsolicited information you provide through the Site or Services. All unsolicited information shall be deemed to be non-confidential, and we shall be free to reproduce, use, disclose and distribute such unsolicited information to others without limitation or attribution.

This Policy answers the following questions:

* What is our policy on children’s privacy?
* What information do we collect about you and how do we use it?
* Will we share your personally-identifiable information with third parties?
* What choices do you have about the collection and use of your personally-identifiable information?
* What security measures do we take to safeguard your personally-identifiable information?
* How can you contact us?

What is our policy on children’s privacy?

The Site is not for children under 13 years of age. No personally-identifiable information should be submitted to, or posted at, the Site by visitors under 13 years of age. If we discover that we have received personal information that was provided by a child under the age of 13, we will remove that information from our databases.

What information do we collect about you and how do we use it?

The Type of Information We Collect and How We Collect It

By accessing or using the Site, you may provide us with two types of information: (1) personally-identifiable information that you voluntarily choose to disclose to us, such as your name, address, telephone number, e-mail address, and credit card information; and (2) non-personally-identifiable information, which we collect through the use of the technology called “cookies,” “web beacons” and/or “web logs.” You do not need to submit personally-identifiable information to access certain areas of the Site, but if you do not want to disclose certain personally-identifiable information to us, you will not be able to access certain aspects of the Services.

We collect personally-identifiable information when you: purchase a product through the Services; create an account through the Services; subscribe to our newsletter; participate in chat rooms, forums, polls, surveys, and questionnaires or post comments, photographs, audio, video, or other content on the Site; participate in contests, sweepstakes, or other promotions; request or receive Services via the Site; register a product that you have purchased; contact us through the “Contact Us” links on the Site; or receive customer or technical support.

To create an account for the Services, we require you to provide your name, date of birth, e-mail address, and phone number. You will also need to create a screen name and password. When you purchase products via the Site (and not through a third party e-commerce provider), we collect payment and shipping information to process and deliver your purchase, in addition to your name, e-mail address, screen name, credit card, debit card or other payment information. The information will be retained for our records, which will enable you to place future purchases without the need to re-enter the information.

Additionally, we may also collect other types of information (known as demographic information) such as your gender, hobbies and interests. This demographic information may be associated with your personally-identifiable information. We request this data to help us to better understand our customers, and design the Site to meet the needs of customers and improve their online experience. Providing this type of data is optional.

How We Use Your Personally-Identifiable Information

The personally-identifiable information you provide to us will allow us to fulfill your product or service order; alert you of new products or services, features, or enhancements; handle/route your customer service questions or issues; and/or notify you of contests, promotions, announcements or special events and offers. We also may use personally-identifiable information to send messages to you in response to your request to perform an activity in connection with your use of any of the Services.

When you register, if you indicate that you wish to receive special offers, we may contact you by e-mail occasionally to inform you of changes to the Site, special offers, or other information that we believe will interest you. We may also contact you by e-mail with respect to your order of our products or services or your account. We also use your e-mail address to send you messages about the Services and other general announcements. You are given the opportunity with each e-mail notification to remove yourself from the Site e-mail contact list.

We keep track of your interactions with us and may use information relating to your interactions with us to generate information about the popularity of certain of our Services and how users of the Site utilize different aspects of the Services. We may use such data to design, develop and implement additional services and features of the Site and to improve the Services.

How We Use Your Non-Personally-Identifiable Information
Cookies and Similar Technologies

A “cookie” is a small file stored on your computer by a website to give you a unique ID.

We use cookies to collect information, on an aggregate basis, about how the Site is used. This information may include the date and time of visits to the Site and time spent on the Site. The use of cookies allows us to personalize your use of the Site and to provide greater convenience each time that you visit. We also use cookies to assist in customizing the Site’s information or in improving the performance or usability of the Site. Additionally, third party advertisements that appear on the Site may use cookies or other technologies, and collect log information. Advertisers use cookies or other technologies to collect non-personal information when you click on or move your cursor over one of their banner advertisements. You may not realize this information is being collected. Advertisers use this information to send advertisements, monitor the performance of their advertisements, and collect data about your visits to the Site. In some cases, we may have access to information from cookies used by these advertisers on the Site and this information may permit us to identify other websites that you have visited that are also associated such advertisers. The collected information may be used to describe the Site’s traffic patterns to vendors and advertisers. We may also use the data collected from the Site for site administration and promotional purposes. This information is used to help us, advertisers and other third parties improve their offerings.

You can adjust your computer browser settings to disable cookies on your computer, block or accept all or certain cookies, or receive a warning before a cookie is stored on your computer (please consult instructions for your web browser). However, if you disable or block cookies, it is possible that some parts of the Services will not be accessible to you.

In addition, we may use a service that collects data remotely by using so-called “pixel tags,” “web beacons,” “clear GIFs” or similar means (collectively, “Pixel Tags”) embedded in the Site’s content. A Pixel Tag is an electronic image, often a single pixel (1×1), that is ordinarily not visible to Site visitors and may be associated with cookies on the visitor’s hard drive.

Log Information

Our servers automatically record information that your browser sends whenever you visit the Site. This information includes your Internet Protocol (or “IP”) address (a number that’s automatically assigned to your computer whenever you surf the Site), your browser type and version which Site and/or Services you use and when and how long you use them. We use this information to monitor and analyze how users use the Site and Services, to provide customer service, for promotional purposes, and to maintain and improve the Services.

Will we share your personally-identifiable information with third parties?

Sharing of Information

We may disclose certain elements of your personally identifiable information (e.g., your name and email address) with Company, Kevin Costner & Modern West, members of artist’s management team and other persons/entities acting on their behalf, for the purpose of enabling them to communicate directly with you about their upcoming musical performances, personal appearances, contests, sweepstakes, announcements and other special events.

We may use your personally-identifiable information to provide analyses of our users in the aggregate to current and prospective partners, advertisers and other third parties. We may also disclose and otherwise use, on an anonymous basis, affiliation, position, interests and other non-personally-identifiable information about customers.

In addition, we will share the personally-identifiable information we collect from you under the following circumstances:

• Protection of rights. We will share personally-identifiable information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce the Terms and Conditions of Use for the Services, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Services, or (iv) such action is appropriate to protect our rights, property or safety or the rights, property or safety of our employees, affiliates, agents or contractors, users of the Services or others.
• Asset transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of our assets, user information, including personally-identifiable information collected from you through your use of the Services, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you, either through e-mail and/or a prominent notice on the Site. If such transfer occurs, the Privacy Policy of the acquiring entity may govern the further use of your personally-identifiable information.
• Service Providers. We may share your personally-identifiable information with service providers or prospective service providers that we engage or may engage for the purposes of processing information on our and your behalf or developing, operating, facilitating and maintaining the Site and Services. For example, we have partnered with other companies to sell products through the Services, fulfill or distribute product orders and process payments. Additionally, we may partner with other companies to process consumer surveys, fulfill prizes, process, analyze and/or store data, or customize advertising and marketing messages. While providing services for us, these companies may access your personally-identifiable information. To the extent applicable, we require these entities to comply with this Policy and appropriate confidentiality and security measures.
• Kevin Costner & Modern West Initiatives. We may share your personally-identifiable information with current or prospective advertisers, television, internet, motion picture, music or other entertainment service providers, or other persons/entities collaborating with Kevin Costner & Modern West on initiatives of potential interest to their fans. For example, we may share personally-identifiable information with a television network that is broadcasting a Kevin Costner & Modern West special or with Kevin Costner & Modern West’s record label in order to advise fans of an upcoming appearance by or contest related to Kevin Costner & Modern West. While collaborating with us, these persons/entities may access your personally-identifiable information. To the extent applicable, we require these persons/entities to comply with this Policy and appropriate confidentiality and security measures.

Additional Information You Should Know About Third Parties

This Policy does not cover the information practices of third party websites linked to the Site. Although we encourage such third parties to adopt and follow their own privacy policies, we are not responsible for their collection and use of your personally-identifiable information. You should refer to the privacy policies and statements of other websites or contact the respective webmasters of those websites to obtain information regarding their information collection, use and disclosure policies.

When you click on an advertisement or third party logo displayed on the Site that links you to a different website, this Policy no longer applies and you must read the privacy policy of the advertiser or third party to see how your personally-identifiable information will be handled on their website. We do not bear any responsibility for any action or policies of any third party in connection with your purchase through or visit to any website through the Site.

The Services may also have message boards, forums and/or chat areas, where users can exchange ideas and communicate with one another. When you post to a message board, forum or chat area, please be aware that the information you post is made publicly available on-line and you do so at your own risk. Individuals under the age of 18 should be especially careful not to provide any personally identifiable information when participating in any area of the Site where postings are or might become public.

What choices do you have about the collection and use of your personally-identifiable information?

Control of Your Information

You may update or delete your personally-identifiable information, or modify your account preferences for the Services by accessing the “My Account” area of the Services. You are responsible for keeping your contact information current and accurate.

Please note that when you delete your account, we may retain your account information for a reasonable period of time afterward for the purpose of internal account management and fraud prevention activities.

Opting Out of Receiving Communications from Us

If you no longer want to receive our newsletter, e-mails or other announcements, you may unsubscribe from receiving any or all of these services by selecting “unsubscribe” in your account, writing to us at webmaster@kevincostnermodernwest.com or replying to the “Unsubscribe” link at the bottom of our e-mails. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating to your account transactions.

Mediation

You agree that, in the event any dispute or claim arises out of or relating to this Policy that you will attempt in good faith to negotiate a written resolution of the matter directly with NXTM LLC and/or the Company (at their sole discretion), depending on your concern. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, the parties shall join in mediation services in Los Angeles, California with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorney’s fees, even if you would otherwise be entitled to them.

What security measures do we take to safeguard your personally-identifiable information?

The personally-identifiable information that you provide to us is stored on servers, which are located in secured facilities with restricted access, and protected by protocols and procedures designed to ensure the security of such information. In addition, we restrict access to personally-identifiable information to our employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Site and Services. All personnel who have access to this information are trained in the maintenance and security of such information.

Protecting your personal order information is our priority. To the extent that we are providing direct e-commerce services to you, the Site will use Secure Sockets Layer (SSL) technology to ensure the security of your online experience. The SSL software is the industry standard and among the best software available today for secure purchases. It encrypts your credit card number so that it cannot be read as the information travels over the secure Internet. To check the security of your connection, look at the lower right-hand corner of your browser window after you access the Site’s secure server. If you see an unbroken key, or a closed lock (depending upon your browser) then SSL is active.

However, no data transmission over the Internet can be guaranteed to be completely secure, and no system of electronic security is impenetrable. For this reason, we cannot ensure or warrant the security of any information that you transmit to us or the security of our Services or databases. You agree to assume all risk in connection with the information transmitted to us or collected by us when you use the Site or Service.

You can help protect your personally-identifiable information by using a combination of letters and numbers in your password, changing your password often, using a secure web browser, and signing off when you are finished with the use of the Site on a shared computer. Please remember that you are responsible for maintaining the secrecy of your user IDs and passwords. If you believe that your interaction with us is no longer secure, please notify us of the problem by contacting us at webmaster@kevincostnermodernwest.com
How can you contact us?

If you have any questions about our privacy practices or this Policy, please contact us at:

NXTM, LLC
10301 Jefferson Boulevard
Culver City, CA 90232-3511
E-mail: webmaster@kevincostnermodernwest.com