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Terms of Use Agreement
Effective Date: This Terms of Use Agreement was last updated on May 14th, 2008.
This Terms of Use Agreement sets forth the standards of use of the Hollywood Network®, Inc . websites, provided by the Hollywood Network®, Inc . , that is comprised of www.hollywoodawards.com, www.hollywoodnews.com, www.hollywoodlive.com, www.hollywoodnet.com, www.hollywoodnetwork.com, www.hollywoodfashion.com, www.hollywoodnetpro.com, www.hollywoodshopping.com and others (the "Service"). By using the Service you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.hollywoodnews.com. Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
The Hollywood Network®, Inc. provides online networking services, aggregation of entertainment and Hollywood content (in the form of text, data, graphics, video, audio and images) , and enables users to find, share and post content from and/or on the W orld W ide W eb. The Service is intended exclusively for use for entertainment purposes.
By using the Service, you confirm that:
- You are 18 years of age or older
- Your use of the Service does not infringe any applicable law or regulation
- All registration information you submit is candid and accurate
- You will maintain the accuracy of such information
2. Submitted Content or Made Available for Enclosure of Service
When submitting, uploading or otherwise disclosing or distributing Content for display or inclusion on the Service, the Member represents, claims and warrants that the Member owns all rights in the Content. The Member guarantee s that the content posted does not violate the copyrights, privacy rights, contract rights, publicity rights or any other rights of any person or entity. Additionally the Member agrees to pay for all royalties, fees, and any other duties owed to any person or entity by reason of any Content posted by the Member.
Additionally, the Member agrees that the Content will be devoted to the public domain under the Creative Commons Public Domain Dedication, available at http://creativecommons.org/licenses/publicdomain/. The above - mentioned does not pertain to the Content on any external sites to which the Service link s .
3. User Conduct
The Member assures that the Member will not use the Service for any purpose that is unlawful or forbidden by these Terms of Use, or any other purpose not reasonably intended by the Hollywood Network ®, Inc.
As an example, and not as limitation, the Member agrees not to use the Service to:
- violate any copyright laws, privacy right, publicity rights, trademark right, contract rights of any person, entity or organization, as an example, and not as limitation;
- intimidate, exploit, hassle, coerce, impersonate other Users;
- post or share, or lead to be posted or transmitted, any Content that is pornographic, shows excessive violence, is defamatory, infringing, libelous, obscene, abusive, offensive, profane, or otherwise violates any law or right of any third party;
- submit unwanted email to any other Users or any URL;
- artificially inflate or alter the likes, comments, or submissions count, including by way of creating multiple accounts for the use of artificially changing The Hollywood Network's ®, Inc. services;
- attempt to imitate another person or user;
- publicly post information that poses or creates a privacy or security risk to any person;
- involve commercial activities and/or sales , such as barter, advertising, contests, sweepstakes, or pyramid schemes , without prior written consent from The Hollywood Network®, Inc. ;
- include a picture or video of another person that the Member has posted without that person's consent.
4. Account Termination
The Hollywood Network ®, Inc. retains the right, at our sole discretion, to terminate or suspend any accounts and all Services, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use.
5. Content and U ser S ubmissions R emoval
The Hollywood Network ®, Inc. retains the right, at our sole discretion, to remove and permanently delete any content and information which Members upload, submit and otherwise upload to the Site, including without limitation, in discussion forums, message boards and Member - created profile pages.
6. Disclaimer of Warranties
The site is provided by the Hollywood Network ®, Inc. on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, the Hollywood Network®, Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. The Hollywood Network ®, Inc. shall have no liability for any interruptions in the use of this w ebsite. The Hollywood Network ®, Inc. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
7. Indemnification
Member agrees to indemnify and hold The Hollywood Network ®, Inc., its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
8. Modifications and Interruption to Service
The Hollywood Network ®, Inc. reserves the right to modify or discontinue the Service with or without notice to the Member. The Hollywood Network ®, Inc. shall not be liable to Member or any third party should The Hollywood Network ®, Inc. exercise its right to modify or discontinue the Service. Member acknowledges and accepts that The Hollywood Network ®, Inc. does not guarantee continuous, uninterrupted or secure access to its websites and operation of its websites may be interfered with or adversely affected by numerous factors or circumstances outside of its control.
9. Third-Party Sites
Our website includes links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.
10. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While The Hollywood Network ®, Inc. makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
The Hollywood Network ®, Inc. makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
11. Governing Jurisdiction of the Courts of California
Our website is operated and provided in the State of California. As such, we are subject to the laws of the State of California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our websites or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of California.
12. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
13. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 The Hollywood Network ®, Inc., with all rights reserved, or is the property of The Hollywood Network ®, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of The Hollywood Network ®, Inc. is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of The Hollywood Network ®, Inc.
The Hollywood Network ®, Inc. and HollywoodNews.comTM are proprietary marks of The Hollywood Network ®, Inc. The Hollywood Network ®, Inc.'s trademarks may not be used in connection with any product or service that is not provided by The Hollywood Network ®, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Hollywood Network ®, Inc.
All other trademarks displayed on The Hollywood Network ®, Inc.'s websites are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with The Hollywood Network ®, Inc.
14. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, The Hollywood Network ®, Inc. designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Att: Legal Desk
By Mail:Hollywood Network, Inc.
433 N. Camden Drive, Suite 600
Beverly Hills, CA 90210
By Email: hollyinfo@hollywoodnetwork.com
By Telephone: 310-288-1882
By Fax: 310-288-0060
15. Limitation of Liability
THE HOLLYWOOD NETWORK®, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR THE HOLLYWOODNETWORK, INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE HOLLYWOOD NETWORK®, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ; THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
16. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by The Hollywood Network ®, Inc., in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personal identification information and other practices described in our Privacy Policy Statement.

















