Last Updated: 2011-04-18
Welcome to HollywoodPlayer!
By accessing or using the HollywoodPlayer website at HollywoodPlayer.com ("Site") or the HollywoodPlayer interactive entertainment service or related services ("Service"), you agree to following Terms of Service. If you do not agree to the following Terms of Service, do not use the Site or register for the Service.
Exponential Entertainment, Inc. ("Exponential") reserves the right to modify or replace these Terms of Service at any time and in Exponential's sole discretion. Exponential will indicate at the top of these Terms of Service the date such document was last updated. Any changes will be effective immediately upon posting the revised version on the Site (or such later effective date as may be indicated at the top of the revised Terms of Service). Your continued use of the Site or Service following the posting of any changes to these Terms of Service will constitute your acceptance of such changes. If you do not agree to the changes, you must stop using the Site and Service. In addition, Exponential may provide other methods by which you may accept these Terms of Service or changes to these Terms of Service.
The Service is an interactive entertainment service that enables users to play casual games that feature memorable moments from their favorite movies (the "Games"). In addition, the GameYourself application allows users to create a custom version of the Games using photographs or video clips uploaded by the user ("GY Games").
You must be at least fourteen (14) years of age to register for a HollywoodPlayer account ("Account") for the Service available through the Site. To be eligible to accumulate Game points and Hollywood Credits, to participate in Sweepstakes and win prizes, to support charities on the Site, participate in forums and other HollywoodPlayer community activities, and use other features of the Site and Service, you must registered for and maintain an Account.
You may register for and maintain a single Account and you will not register for an Account for another person or authorize another person to use your Account. You may not assign or transfer your Account to any other person without Exponential's written consent. Exponential reserves the right to refuse registration, or to refuse or limit access to the Site and the Service, to anyone in its sole discretion for any reason or no reason.
You agree to provide accurate, current and complete information about you as may be requested by any registration forms on the Site ("Registration Data") and to maintain the security of your username and password. You agree to maintain and promptly update the Registration Data, and any other information you provide to Exponential, to keep it accurate, current and complete. YOU UNDERSTAND THAT ANY PERSON WITH YOUR USERNAME AND PASSWORD WILL BE ABLE TO ACCESS AND USE YOUR ACCOUNT. YOU ACCEPT ALL RISKS OF UNAUTHORIZED ACCESS TO YOUR ACCOUNT. You will promptly notify Exponential if you discover or otherwise suspect any security breaches related to the Site by sending an email to Support@HollywoodPlayer.com.
As a condition of using the Site and Service, you agree not to do any of the following:
The Site and all the materials on the Site, including without limitation any Exponential and third party logos and all games, gameplay, videos, animations, music, sounds, text, graphics, images, information and other content (collectively, "Site Materials"), are the proprietary property of Exponential or its licensors or users. You are granted a limited, nonexclusive license (without the right to sublicense) to access and use the Site and Site Materials for your personal use only. Such license is subject to these Terms of Service and excludes: (a) any resale of the Site or any Site Materials; (b) any distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Site or any Site Materials; (d) use of any data mining, robots or similar data gathering or extraction, automated account registration, or account utilization methods; (e) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein; or (f) any use of the Site or any Site Materials other than for its intended purpose. Any use of the Site or Site Materials other than as specifically authorized herein is strictly prohibited and will terminate the foregoing license.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Exponential has adopted a policy of terminating, in appropriate circumstances and at Exponential's sole discretion, account holders who are deemed to be repeat infringers. Exponential may also at its sole discretion limit access to the Service or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement:
Dave Long, CEO
Full Address of Designated Agent to Which Notification Should be Sent:
Exponential Entertainment, Inc.
Attn: DMCA Notice
1507 Western Ave, Suite 507
Seattle, WA 98101
|Telephone Number of Designated Agent:||(206) 903-0815|
|Facsimile Number of Designated Agent:||(206) 903-0721|
|E-Mail Address of Designated Agent:||Support@HollywoodPlayer.com|
Exponential, Prop Master, JigScene, Movie Match-Up, Double Exposure, Well Connected, The HollywoodPlayer, The Dailies, Movie Cubes, Ask the Stars, Hollywood Horoscopes, the Exponential logos and any other product or service name or slogan contained in the Site are trademarks of Exponential and its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Exponential or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "HollywoodPlayer" or any other name, trademark or product or service name of Exponential without our prior written permission. In addition, the look and feel of the Site, including all page headers, graphics, button icons and scripts, is the service mark, trademark or trade dress of Exponential and its licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Exponential.
You are not authorized to link to the Site except in accordance with the conditions set forth in this paragraph. You are granted a limited, non-exclusive right to create and email or otherwise share a text hyperlink to the Site for the purpose of sharing your GameYourself games with others or for other noncommercial purposes, provided:
This limited right may be revoked at any time.
Exponential makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site or of Web sites linking to the Site. Such sites are not under the control of Exponential and Exponential is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Exponential provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Exponential of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Exponential may provide third party content on the Site or in connection with the Service and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. Exponential does not monitor or have any control over any Third Party Content or third party Web sites. Exponential does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Exponential does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
Exponential may run advertisements and promotions from third parties on the Site or in connection with the Service or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Exponential is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Exponential advertisers or third party information on the Site.
The Site and the Service may include games (including the GY Games), features, discussion forums or other interactive areas or services (the "Interactive Areas") in which you or other users post, upload, share or store photos, video, graphics, comments, messages, materials, data, information, text, music, sound, code or other content or items on the Site ("User Content"). You are solely responsible for the User Content you post and your use of such Interactive Areas, and you use such Interactive Areas at your own risk. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
Exponential does not approve or endorse, and assumes no responsibility or liability for, any User Content posted, stored or uploaded by you or any third party, or any loss or damage thereto, nor is Exponential liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography , profanity or other objectionable content you may encounter. Your use of Interactive Areas is at your own risk, and you waive any claims you may have arising out of your exposure to any objectionable materials on the Site.
If you would like to notify us of content which you believe is in violation of these Terms of Service, you may do so by clicking the "Report Offensive Content" button on the End Game Screen or sending an email to Feedback@HollywoodPlayer.com for all complaints except for copyright infringement claims (which are addressed in Section 6 above). Please make sure to include both the Uniform Resource Locator ("URL") for the non-complying content and the reasons you believe it does not comply. Enforcement of the user content or conduct rules set forth in these Terms of Service is solely at Exponential's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.
As a provider of interactive services, Exponential is not liable for any statements, representations or User Content provided by its users. Although Exponential has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Exponential reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Exponential's systems and customers, or to ensure the integrity and operation of Exponential's business and systems, Exponential may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. By using this Site, you expressly consent to such disclosure.
You retain ownership of all User Content, except for Submissions as described below). However, if you post or submit User Content, unless we indicate otherwise, you grant Exponential and its affiliates, distributors and licensees a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content, and any portion thereof, throughout the world in any manner or media and for any purpose, including without limitation for purposes of promoting the Site and the Service. You grant Exponential and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You understand and agree that if you are not the copyright owner of any User Content you submit, you must obtain express permission from the copyright owner to use such content in the manner it will be used. For example, if you want to use a photograph taken by a professional photographer in a GY Game, you need to get the express permission of such photographer to do so. Similarly, you may not use still images or video clips of movies or TV shows unless you have received express permission from the copyright owner of such movie or TV show. In addition, if there are any recognizable third parties in any User Content you submit, you must obtain their permission before submitting such User Content. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site and grant the license granted herein; (b) the User Content is accurate and not misleading; and (c) the posting, publishing, distribution or other use of the User Content you supply does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity.
You agree that Exponential has no responsibility or liability for the deletion, loss or failure to store any User Content maintained or transmitted on or through this site. The accounts of our Users operate on shared resources. Excessive use or abuse of these shared network resources by one User may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited. You acknowledge that Exponential has the right, at our sole discretion, with or without notice, to terminate your account, delete User Content (and GY Games incorporating your User Content), limit the number of transmissions you may send or receive through our Site and limit the amount of storage space, bandwidth, or other resources you may use. You are solely responsible for making backup copies of any User Content you submit.
You agree that any questions, comments, suggestions, feedback, game ideas, plans, notes, postings, original or creative materials or other information, regarding Exponential, the Site, the Service or other offerings of Exponential or its affiliates that are provided by you in the form of email, web form, or other submissions to Exponential ("Submissions") are non-confidential and shall become the sole property of Exponential. You hereby assign all of your right, title and interest in and to such Submissions, including all intellectual property rights therein, to Exponential and Exponential shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You will defend and indemnify Exponential, its affiliates, licensors, licensees, distributors, suppliers, independent contractors and service providers, and each of their respective directors, officers, employees and agents ("Exponential Parties"), from and against all claims, damages, costs, liabilities and expenses (including reasonable attorneys' fees) arising out of or related to any User Content you post, upload or store on the Site or in connection with the Service or to your use or misuse of, or inability to use, the Site, Service or Site Materials.
THE SITE, SERVICE AND ALL SITE MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. THE EXPONENTIAL PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AS TO THE SITE, SERVICE AND SITE MATERIALS. THE EXPONENTIAL PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, NOR DO THEY REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Exponential.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY OF THE EXPONENTIAL PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS), WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE SITE (INCLUDING ANY SITE MATERIALS) AND SERVICE, EVEN IF AN EXPONENTIAL PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EXPONENTIAL PARTIES (WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SITE, THE SERVICE OR THE SITE MATERIALS EXCEED THE AMOUNT YOU PAID, IF ANY, IN CONNECTION WITH YOUR USE OF THE SITE AND SERVICE DURING THE YEAR BEFORE THE CAUSE OF ACTION AROSE.
These Terms of Service and your use of the Site, Service and Site Materials shall be governed by and construed in accordance with the laws of the State of Washington, without resort to its conflict of law provisions to the contrary. You agree that any action at law or in equity arising out of or relating to the Site, Service, Site Materials or these Terms of Service shall be filed only in the state and federal courts located in King County, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of the Site, Service, Site Materials or these Terms of Service.
You may terminate your Account at any time by sending an email message requesting account cancellation to Customer.Support@HollywoodPlayer.com. Exponential reserves the right, without notice and in its sole discretion, to (a) terminate your Account (including your ability to use any Hollywood credits), (b) terminate your access to the Site or Service or any Site Materials or features on the Site, and (c) block or prevent future your access to and use of the Site or Service for any reason or for no reason. In addition, Exponential reserves the right to change, cancel or delete any and all Site Materials, Services and features provided as part of the Site and Service at any time, with or without notice to you.
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions about Exponential or the Site or Service, please contact us at Support@HollywoodPlayer.com.