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THE HOLLYWOOD CREATIVE DIRECTORY'S TERMS OF USE AGREEMENT
(Last Modified September 17, 2004)
THANK YOU for your interest in the HCD Online. Please read this page in its
entirety as it explains your rights and responsibilities. You must agree,
without modification, to accept the following terms of use ("Agreement")
between you and HCD Corp., a Delaware corporation ("HCD"). Your use of the HCD
Online constitutes a full and complete acceptance of the terms of this
Agreement. For purposes of this Agreement, the term HCD Online means HCD's Web
sites, including, without limitation, www.hcdonline.com,
www.hcdonline.net, and
www.hcdonline.org, as well as any other Web sites that may now or
hereafter contain an authorized HCD branded area or window (collectively, "HCD
Online").
I. Subsequent Revisions to Agreement
HCD may periodically revise the terms of this Agreement by updating this page.
You agree to be bound by subsequent revisions to this Agreement. Accordingly,
you should periodically visit this page to review the current terms of use.
II. All Rights Reserved
HCD reserves all right, title, and interest not expressly granted under this
Agreement.
Copyright. All content, which includes, without limitation, articles, films,
media files, reviews, software, and source code (collectively, "Content"), on
the HCD Online is subject to copyright protection and may not be displayed,
reproduced, distributed, modified or used in any other manner except with the
written permission of HCD and its Content providers.
Trademark. The names or services on the HCD Online, including, without
limitation, "VNU", "VNU Business Media", "Hollywood Reporter", "HCD", "HOLLYWOOD
CREATIVE", and "HCD Online" are trademarks or registered
trademarks of HCD and or VNU. Other names or services on the HCD Online may
be the trademarks of the respective owners. You agree not to use any HCD
trademarks or any confusingly similar marks for any purpose without the express
prior written consent of HCD in each instance.
Violations may result in severe civil and criminal penalties.
III. Use of Material
HCD authorizes you to access and use the Content solely for your personal,
non-commercial use. You may not sell or modify the Content, and you may not
reproduce, display, publicly perform, distribute, or otherwise use the Content
in any way for any public or commercial purpose. As an express condition of
your use of the HCD Online, you warrant to HCD that you will not use the HCD
Online for any unlawful purpose or purpose prohibited by this Agreement. If you
violate any part of this Agreement, your permission to use the Content
automatically terminates and you must immediately destroy any copies you have
made of any of the Content. HCD makes no representation that the Content is
legal or appropriate for use outside of the United States or that it is
authorized for export from the United States or import into any other country.
You are solely responsible for complying with all import and export laws and
regulations and all applicable laws of any jurisdiction outside of the United
States from which you may access the HCD Online.
IV. Your Use Of The HCD Online Is At Your Own Risk
The HCD Online may contain inaccuracies or typographical errors. HCD makes no
representations about the accuracy, reliability, completeness, or timeliness of
the Content or about the results to be obtained from using the HCD Online or
the Content. Your use of the HCD Online, including, without limitation, the
services and information, contained therein, is on an "as is" basis and is at
your own risk. HCD may make changes in the Content at any time.
Disclaimer of Liability. HCD, ITS RESPRECTIVE OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, ACCOUNTANTS, ATTORNEYS, AGENTS, AFFILLIATES,
SUBSIDIARIES, SUCCESSORS AND ASSIGNS (COLLECTIVELY "HCD") SHALL NOT BE LIABLE
FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES
ARISING OUT OF OR CONNECTED WITH (I) YOUR USE OF THE HCD Online AND (II) ANY
OTHER SUBJECT MATTER OF THIS AGREEMENT.
HCD Makes No Representations or Warranties. WITHOUT LIMITING THE FOREGOING,
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, HCD MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY, NON-INFRINGEMENT OR OTHERWISE WHICH WOULD EXTEND BEYOND THE
REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT.
Third Party Links. The HCD Online may contain links to Web sites ("Third Party
Web Sites") operated by parties other than HCD and HCD may license Content from
the HCD Online for use by Third Party Web Sites. HCD makes no representation or
endorsement of the Third Party Web Sites and you access them at your own risk.
Use Of Web Communities At Your Own Risk. The HCD Online contains bulletin board
services, chat areas, news groups, forums, communities and other message and
communication facilities, including, without limitation, "JOB BOARD", and
"Classifieds" ("Communities").
HCD does not control the files, information, or messages (collectively,
"Information") delivered to or displayed in the Communities, unless otherwise
noted therein, and HCD assumes no duty to, and does not, monitor or endorse
Information within the Communities, nor does HCD represent or guarantee the
truthfulness, accuracy or reliability thereof or that the Information complies
with the terms of this Agreement. HCD reserves the right at all times to edit,
refuse to post, or to remove any Information, in whole or part, that HCD deems
inappropriate for inclusion in the Communities. HCD reserves the right to expel
you from or suspend your access to some or all of the Communities for violating
the law or this Agreement. The Communities are public and not private
communications and may be read by others without your knowledge or permission.
Although a particular Community may have a policy of limited membership or
access, HCD shall have no liability if unauthorized persons nevertheless obtain
access to the Community. Your use of the Communities is at your own risk so be
careful about disclosing your personal information.
When using the Communities you may not do any of the following:
a. Restrict or inhibit any other user from using and enjoying the Communities;
b. Post or transmit any abusive, hateful, defamatory, indecent, libelous,
obscene, pornographic, profane, threatening, harassing, embarrassing, unlawful,
vulgar, or other information of any kind that violates applicable law or
regulation or which harms minors in any way, including, without limitation,
information that constitutes the following:
Infringement. Information that violates or infringes upon the copyright,
literary, privacy, publicity, trademark, service mark or any other personal or
property right of any person or entity or which discloses any trade secret or
confidential information.
Software. Software or materials that contain a virus, corrupted files, or
similar programs that may damage the operation of another's computer or the HCD
Online.
c. Post advertisements of solicitations of business, except in areas expressly
designated for such purposes and in accordance with the express rules and
regulations established by HCD.
d. Post chain letters or pyramid schemes or impersonate another person.
e. Manipulate headers or identifiers so as to disguise the origin or content of
any posting.
f. Do any act which interferes with or slows the operation of the HCD Online.
HCD may condition your right to participate in the Communities on your
furnishing to HCD and keeping updated at all times such personal identifying
information as HCD may reasonably require, including, without limitation, your
true name and a current, active e-mail address. HCD reserves the right to
suspend or terminate your access to some or all of the Communities if HCD has a
good faith basis for believing that any of the information you have supplied is
inaccurate or that your account is being used by anyone other than you to
access the Communities.
By posting material to the Communities, you automatically grant to HCD a
royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce,
modify, publish, edit, translate, distribute, perform, display and otherwise
exploit such material and all elements thereof alone or as part of other works
in any form, media, or technology, whether now known or hereafter developed,
and to sublicense such rights through multiple tiers of sublicenses, all
without any obligation to you, whether by way of compensation, attribution or
otherwise.
V. Miscellaneous
Use of Information. Subject to such privacy policies as HCD may establish and
post on the HCD Online from time to time, HCD may use the information it
obtains relating to you, including, without limitation, your IP address, name,
mailing address, e-mail address and use of the HCD Online for its internal
business and marketing purposes and such information may be disclosed to third
parties for such purposes and for any other purposes set forth in HCD's privacy
policy.
Choice of Law and Forum. This Agreement, its interpretation, performance or any
breach thereof, will be construed in accordance with, and all questions with
respect thereto will be determined by, the laws of the State of California
applicable to contracts entered into and wholly to be performed within said
state. You hereby consent to the personal jurisdiction of the State of
California, acknowledge that venue is proper in any state or Federal court in
the State of California, agree that any action related to this Agreement must
be brought in a state or Federal court in the State of California, and waive
any objection you may have in the future with respect to any of the foregoing.
Notwithstanding the foregoing, HCD reserves the right to commence an action in
your home state in regards to this Agreement.
Indemnity. You agree to defend, indemnify and hold harmless HCD, its licensees,
successors and assignees, its Content providers, advertisers and sponsors, the
parent, affiliated and subsidiary companies of each of them and the officers,
directors, employees, and agents of each of them from and against any and all
third party claims, damages, liabilities, costs and expenses, including
reasonable legal fees and expenses, arising out of or related to any breach by
you of this Agreement, any material which you may post to the Communities or
any use of the Content by you or under your control.
Severability. If any provision of this Agreement, or application thereof, shall
be held invalid by a court of competent jurisdiction, such provision shall be
changed and interpreted so as to best accomplish the objectives of the original
provision to the fullest extent allowed by law and the remaining provisions of
this Agreement shall remain in full force and effect.
Use of "You" or "Your". The words "you" or "your" shall also mean heirs,
executors, administrators, successors, legal representatives and permitted
assigns.
Waiver. Any waiver of any provision of this Agreement must be in writing and
signed by an authorized representative of HCD.
Copyright Complaints. If you believe that your work has been copied and is
accessible on the HCD Online in such a manner as to constitute copyright
infringement, you may notify HCD by providing HCD's copyright agent with the
following information:
1. An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed,
including the URL (i.e., web page address) of the location where the
copyrighted work exists or a copy of the copyrighted work;
3. Your address, telephone number, and email address;
4. A statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; and
5. A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
HCD's agent for notice of claims of copyright infringement on the HCD Online
may be reached as follows:
By mail:
Hollywood Creative Directory
5055 Wilshire Blvd.
Los Angeles, CA 90036-4396
By email:
hcdcustomerservice@hcdonline.com.
Printed Agreement. A printed version of this Agreement and of any notice given
in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this Agreement to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form.
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