EAGLE EAR PRIVACY POLICY

1. General.

This privacy policy ("Privacy Policy") is designed to inform you about the type of information that Eagle Ear Entertainment, LLC ("Eagle Ear") may gather about or collect from you in connection with your use of this site (the "Website"). It also is intended to explain the conditions under which Eagle Ear uses and discloses that information, and your rights in relation to that information. Because of changes in technology and the growth and development of our business, Eagle Ear may need to modify this Privacy Policy from time to time. Changes to this Privacy Policy are discussed at the end of this document.

2. Children

The Website is not intended for children under 13 years of age. Eagle Ear does not knowingly collect personal information from children under 13.

3. Gathering, Use and Disclosure of Non-Personally-Identifying Information

Eagle Ear collects both Non-Personally-Identifying Information and Personally-Identifying Information from users. "Non–Personally–Identifying Information" is information that, without the aid of additional information, cannot be directly associated with a specific person or entity. "Personally–Identifying Information," by contrast, is information such as a name or email address that, without more, can be directly associated with a specific person or entity.

A. Gathering Non-Personally-Identifying Information

(i) Web Browsers

Like most website operators, Eagle Ear gathers from users of the Website Non-Personally-Identifying Information of the sort that Web browsers, depending on their settings, may make available. That information includes the user’s Internet Protocol ("IP") address, operating system and browser type, and the locations of the Web pages the user views right before arriving at, while navigating and immediately after leaving the Website.

(ii) Web Cookies

A "Web Cookie" is a string of information that a website stores on a user’s computer, and that the user’s browser provides to the website each time the user submits a query to the site. Eagle Ear uses Web Cookies to track the pages that users visit during each Website session, both to help Eagle Ear improve users’ experiences and to help Eagle Ear understand how the Website is being used.

EAGLE EAR USERS WHO DO NOT WISH TO HAVE WEB COOKIES PLACED ON THEIR COMPUTERS SHOULD SET THEIR BROWSERS TO REFUSE WEB COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF WEB COOKIES. WEBSITE USERS WHO REFUSE WEB COOKIES ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.

(iii) Web Beacons

A "Web Beacon" is an object that is embedded in a web page. It is usually invisible to users but allows website operators to check whether a user has viewed a particular web page. Web Beacons collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the Web Beacon resides.

You may not decline Web Beacons, however, they can be rendered ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis. Third parties are not permitted to use Web Beacons on the Website.

B. Use of Non-Personally-Identifying Information

Eagle Ear analyzes Non–Personally–Identifying Information gathered from users of the Website to help Eagle Ear better understand how the Website is being used. By identifying patterns and trends in usage, Eagle Ear is able to better design the Website to improve users’ experiences, both in terms of content and ease of use. [Eagle Ear does not link information gathered using Web Cookies and Web Beacons to Personally-Identifying Information.]

C. Disclosure of Non-Personally-Identifying Information

[From time to time, Eagle Ear may also release the Non–Personally–Identifying Information gathered from Website users in the aggregate, such as by publishing a report on trends in the usage of the Website.]

4. Collection, Use and Disclosure of Personally–Identifying Information

As defined above, Personally-Identifying Information is information that can be directly associated with a specific person or entity. We will only collect Personally-Identifying Information that you knowingly submit to us. We will not disclose Personally-Identifying Information to third parties unless we obtain your permission to do so at the time we collect it, except as set forth below:

A. Registration and Other Information Provided to Us

When you register with the site, you may be asked to disclose Personally–Identifying Information. We will not disclose this information to third parties, except as set forth in section 4(e).

B. Material You Choose to Reveal in On-line Forums, Blogs, Message Boards, Chat Rooms, or Similar Locations

You may post Personally-Identifying Information on areas of the Website that may be viewed by other users or the public, although we recommend that you not do so. We urge you to use good judgment and not post Personally-Identifying Information that you do not want other users to know.

YOU ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM YOUR VOLUNTARY DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION.

C. DMCA Infringement Notifications, Notices of Violations of Website Terms of Service and Other Communications Directed to Eagle Ear

By submitting a Digital Millennium Copyright Act ("DMCA") Infringement Notification or other communication (including communications about content stored on or transmitted through the Website) you consent to have this communication forwarded to the person or entity who stored or transmitted the content addressed by your communication, in order to facilitate a prompt resolution. For notices other than DMCA Infringement Notifications, upon request, Eagle Ear will edit out your name and contact information. However, DMCA Infringement Notifications (including any personally identifiable information set forth in the Notifications) will be forwarded as submitted to Eagle Ear without any deletions.

D. Surveys

From time to time, Eagle Ear may also ask Website users to participate in surveys designed to help Eagle Ear improve the Website. Any Personally-Identifying Information provided to Eagle Ear in connection with a survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Privacy Policy only in non-personally-identifying, aggregated form.

E. Other Disclosures

Notwithstanding any other provision in this Privacy Policy, Eagle Ear will disclose Personally-Identifying Information in the following limited circumstances:

(i) Employees and Third Party Processors

Eagle Ear will disclose Personally–Identifying Information to those Eagle Ear employees, contractors, affiliates, vendors and suppliers who process Personally–Identifying Information on Eagle Ear behalf or participate with Eagle Ear in the provision or operation of the Website.

(ii) By Law, to Protect Rights and to Comply with Eagle Ear Policies

Eagle Ear discloses Personally–Identifying Information if: (1) required to do so by law, or in response to a subpoena or court order; (2) Eagle Ear believes in its sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of Eagle Ear, other users, third parties or the public at large; and (3) Eagle Ear believes that you have abused the service by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws.

(iii) Business Transfers; Bankruptcy

Eagle Ear reserves the right to transfer all Personally-Identifying Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of Eagle Ear assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personally–Identifying Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and you affirmatively opt-in to accept it. Personally-Identifying Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by the successor organization.

F. Security

Eagle Ear takes reasonable precautions to protect the security of users' information. However, neither people nor security systems are foolproof. Therefore, while we use reasonable efforts to protect your PI, we cannot guarantee its absolute security.

G. Contests, Giveaways and other Promotions

From time to time, Eagle Ear may offer Website users the opportunity to participate in contests, giveaways and other promotions. Any information submitted in connection with promotions will be subject to the terms of the promotion, not this Privacy Policy. You will be given the option to consent to the use of your Personally-Identifying Information at the time you sign up for the promotion. You will not be required to participate in any promotion.

H. Email to Friends Feature and Referral Program

Eagle Ear offers users the ability to send friends emails about the Website. [If users choose to use this feature, Eagle Ear will only uses your friends’ email addresses on a one-time basis to send the requested email and will not store or otherwise retain this information.]

5. Collection and Use of Information by Third Parties Not Covered By This Agreement

Third parties are under no obligation to comply with this Privacy Policy with respect to Personally-Identifying Information that users provide directly to those third parties or that those third parties collect for themselves. Eagle Ear does not control the third-party websites accessible through the Website. Thus, this Privacy Policy does not apply to information provided to or gathered by the third parties that operate them. Before visiting a third party site, whether by means of a link on the Website or otherwise, and before providing any Personally-Identifying Information to any third party, users should inform themselves of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in those users’ discretion, protect their privacy.

6. Privacy Policy Changes

Eagle Ear may, in its sole discretion, change this Privacy Policy from time to time. Eagle Ear will alert you by email if this policy is revised and will post a copy of the new policy with its effective date on the Website. It is therefore important that you register with the site and notify us if you change email addresses. If you do not provide us with a current email address, you should regularly review this Agreement to ensure that you are informed of any changes.

Unless Eagle Ear obtains your express consent, any revised Privacy Policy will apply only to information collected after the time it takes effect, and not to information collected under any earlier Privacy Policy.

This policy is effective as of and was last updated on [October 18, 2008].