- By using and/or
visiting this website (collectively, including all content and functionality
available through the thinkhollywood.org domain name, the Website),
you signify your agreement to (1) these terms and conditions (the Terms
of Service), and (2) Entertainment Research Institute, LLCs (the
Company) privacy notice (Privacy Notice), found at thinkhollywood.org
and incorporated here by reference. If you do not agree to any of these
terms, the Privacy Notice, please do not use the Website.
- Although we may
attempt to notify you when major changes are made to these Terms of
Service, you should periodically review the most up-to-date version
(Terms of Service). The Company may, in its sole discretion, modify
or revise these Terms of Service and policies at any time, and you agree
to be bound by such modifications or revisions. Nothing in this Agreement
shall be deemed to confer any third-party rights or benefits.
- These Terms of Service
apply to all users of the Website, including users who are browsers
and/or contributors of content, information, and other materials or
services on the Website (collectively referred to as User(s)).
- This Website and
the content provided by it are offered for your convenience only and
no content of the Website outside of the Terms of Service or our privacy
notice constitutes a legally enforceable contract. No portion of the
Website constitutes advice, consultation, or confirmed information.
Any portion of this site may contain facts, information, or other communication
that may be outdated, incorrect, or otherwise unreliable.
- The Website may
contain links to third party websites that are not owned or controlled
by the Company. The Company has no control over, and assumes no responsibility
for, the content, privacy policies, or practices of any third party
websites. In addition, the Company will not and cannot censor or edit
the content of any third-party site. By using the Website, you expressly
relieve the Company from any and all liability arising from your use
of any third-party website.
- Accordingly, we
encourage you to be aware when you leave the Website and to read the
- Electronic Communications
When you visit
the Website or send e-mails to the Company, you are communicating with
us electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this
site. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
- General Use of
the Website Permissions and Restrictions
hereby grants you permission to access and use the Website as set forth
in these Terms of Service, provided that:
- You agree not to
distribute in any medium any part of the Website without the Companys
prior written authorization.
- You agree not to
alter or modify any part of the Website or any of its related technologies.
- You agree not to
access User Submissions (defined below) or Think Hollywood Content (defined
below) through any technology or means unless explicitly authorized
means the Company may designate.
- You agree not to
use the Website for any commercial use, without the prior written authorization
of the Company. Prohibited commercial uses include any of the following
actions taken without the Companys express approval:
- sale of access to
the Website or its related services on another website;
- use of the Website
or its related services for the primary purpose of gaining advertising
or subscription revenue;
- the sale of advertising,
on the Website or any third-party website, targeted to the content of
specific Think Hollywood Content;
- And any use of the
Website or its related services that the Company finds, in its sole
discretion, to use the Companys resources with the effect of competing
with or displacing the market for the Company, and Think Hollywood Content.
- In your use of the
website, you will otherwise comply with the terms and conditions of
these Terms of Service and all applicable local, national, and international
laws and regulations.
- The Company reserves
the right to discontinue any aspect of the Website at any time.
- Use of Content
on the Site
to the general restrictions above, the following restrictions and conditions
apply specifically to your use of content on the Website.
- The content on the
Website, including comments submitted by Users but excluding all User
Submissions, including without limitation, the text, software, scripts,
graphics, photos, film clips, interactive features and the like (Think
Hollywood Content) and the trademarks, service marks and logos contained
therein, are owned by or licensed to the Company, subject to copyright
and other intellectual property rights under the law. Think Hollywood
Content on the Website is provided to you AS IS for your information
and personal use only and may not be downloaded, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise
exploited for any other purposes whatsoever without the prior written
consent of the respective owners. The Company reserves all rights not
expressly granted in and to the Website and the Think Hollywood Content.
- You may access Think
Hollywood Content solely:
- for your information
and personal use; and
- as intended through
the normal functionality of the Companys service; and
- You may access Think
Hollywood Content and other content only as permitted under this Agreement.
The Company reserves all rights not expressly granted in and to the
Think Hollywood Content and the Companys service.
- You agree to not
engage in the use, copying, or distribution of any of the Think Hollywood
Content other than expressly permitted herein, including any use, copying,
or distribution of User Submissions of third parties obtained through
the Website for any commercial purposes.
- You agree not to
circumvent, disable or otherwise interfere with security-related features
of the Website or features that prevent or restrict use or copying of
any Think Hollywood Content or enforce limitations on use of the Website
or the Think Hollywood Content therein.
- You understand that
when using the Website, you will be exposed to Think Hollywood Content
and that the Company is not responsible for the accuracy, usefulness,
safety, or intellectual property rights of or relating to such Think
Hollywood Content. You further understand and acknowledge that you may
be exposed to Think Hollywood Content that are inaccurate, offensive,
indecent, or objectionable, and you agree to waive, and hereby do waive,
any legal or equitable rights or remedies you have or may have against
the Company with respect thereto, and agree to indemnify and hold the
Company, its owners/operators, affiliates, and/or licensors, harmless
to the fullest extent allowed by law regarding all matters related to
your use of the site.
- User Submissions
- The Company shall
receive the submission of ideas, suggestions and contributions from
its Users (collectively referred to as User Submissions) in connection
with the services and costs provided for on the Website. All User Submissions
are bound by the terms of this agreement unless otherwise specified
by the Company in a written document. Upon submitting the User Submissions,
User is bound to costs of each service ordered by the User.
- You shall be solely
responsible for your own User Submissions and the consequences of submitting
or publishing them. In connection with User Submissions, you affirm,
represent, and/or warrant that: you own or have the necessary licenses,
rights, consents, and permissions to use and authorize the Company to
use all patent, trademark, trade secret, copyright or other proprietary
rights in and to any and all User Submissions to enable inclusion and
use of the User Submissions in the manner contemplated by the Website
and these Terms of Service.
- User Submissions
to Company are treated as confidential. Notwithstanding the foregoing,
you acknowledge that no fiduciary or confidential relationship now exists
between you and the Company, that no such relationships are established
by reason of this agreement or by reason of your User Submission.
- You acknowledge
that because of the Companys position in the entertainment industry,
the Company receive numerous submissions of ideas, formats, stories,
suggestions, and the like and that many such submissions received by
the Company may be similar to or identical to those developed by the
Company or its employees or otherwise available to the Company.Ê You
agree that you will not be entitled to any compensation because of the
use by the Company of any such similar or identical material. Accordingly,
the Company may use without any obligation or payment to a User any
of said material which is not protected as literary property under the
U.S. Copyright Act or which is in the public domain.Ê
- In connection with
User Submissions, you further agree that you will not submit material
that is copyrighted, protected by trade secret or otherwise subject
to third party proprietary rights, including privacy and publicity rights,
unless you are the owner of such rights or have permission from their
rightful owner to post the material and to grant the Company all of
the license rights granted herein.
- You further agree
that you will not, in connection with User Submissions, submit material
that is contrary to applicable local, national, and international laws
- The Company does
not endorse any User Submission or any opinion, recommendation, or advice
expressed therein, and the Company expressly disclaims any and all liability
in connection with User Submissions. The Company does not permit copyright
infringing activities and infringement of intellectual property rights
on its Website, and the Company will remove all Think Hollywood Content
if properly notified that such Think Hollywood Content infringes on
another's intellectual property rights. The Company reserves the right
to remove Think Hollywood Content without prior notice.
- Every effort has
been made to accurately represent the Companys services and its potential.
There is no guarantee that you will earn any money using the techniques
and ideas provided to you. Earning potential is entirely dependent on
the person using our services, ideas and techniques.
- Any claims made
of actual earnings or examples of actual results can be verified upon
request. Your level of success in attaining the results claimed on the
Website depends on the time you devote to the services, ideas and techniques
mentioned, your finances, knowledge and various skills. Since these
factors differ according to individuals, we cannot guarantee your success
or income level. Nor are we responsible for any of your actions.
- Our Website may
contain information that includes or is based upon forward-looking statements.
Forward-looking statements give our expectations or forecasts of future
events. You can identify these statements by the fact that they do not
relate strictly to historical or current facts. They use words such
as anticipate, estimate, expect, project, intend,
plan, believe, and other words and terms of similar meaning
in connection with a description of potential earnings or financial
performance. Any and all forward looking statements here or on any of
our sales material are intended to express our opinion of earnings potential.
Many factors will be important in determining your actual results and
no guarantees are made that you will achieve results similar to anybody
elses, in fact no guarantees are made that you will achieve any results
from our ideas and techniques in connection with the Companys services.
- Results may vary,
as with any business opportunity, you could make more or less. Success
in ANY business opportunity is a result of hard work, time and a variety
of other factors. No express or implied guarantees of income are made
when purchasing through our Website.
- You agree that
we are not responsible for the success or failure of your business decisions
relating to any information, products or services presented on the Website.
- Purchase of
- Service Fees and
Payments. You can always find the current service fees posted at www.thinkhollywood.org/fee/.
All Users shall make all payments through PayPal (www.paypal.com). You
agree to pay or have paid all fees and charges incurred in connection
with the services ordered (including any applicable taxes) at the rates
in effect when the charges were incurred. All fees and charges (including
any applicable taxes) are nonrefundable. The Company may change the fees and charges then
in effect, or add new fees or charges, by giving you advance notice.
All fees and charges (including any applicable taxes) incurred in connection
with the services ordered will be billed to your credit card or account
through PayPal. You also are responsible for any fees or charges incurred
to access Website through an Internet access provider or other third
party service. YOU, AND NOT THE COMPANY, ARE RESPONSIBLE FOR PAYING
ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE
NOT AUTHORIZED BY YOU.
- You agree that your
purchase of a service, submission of a User Submission, and/or use of
Think Hollywood Content constitutes your acceptance of and agreement
to use the Website and services solely in accordance with the Terms
of Service. The Terms of Service shall govern your rights with respect
to the Website, Think Hollywood Content, and User Submissions, in addition
to any other terms or rules that may have been established between you
and another party. The Company reserves the right to modify the Terms
of Service at any time.
- You acknowledge
that some aspects of the services provided by the Company, Think Hollywood
Content, User Submissions, and administering of the Terms of Service
entails the ongoing involvement of the Company. Accordingly, in the
event that the Company changes any part of its services or discontinues
its services, which the Company may do at its sole election, you acknowledge
that you may no longer be able to use Think Hollywood Content and Website
to the same extent as prior to such change or discontinuation, and that
the Company shall have no liability to you in such case.
- Agreement to Pay.
- Payment for Services.
You agree to pay for all services you order through the Website, and
that the Company may charge your credit card or account through PayPal
for any services ordered, and for any additional amounts (including
any taxes and late fees, as applicable) as may be accrued by or in connection
with such orders. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL
FEES AND FOR PROVIDING THE COMPANY WITH A VALID CREDIT CARD FOR PAYMENT
OF ALL FEES. All fees will be billed to the credit card or account you
designate through PayPal. If you want to designate a different credit
card or if there is a change in your credit card, you must change your
credit card information online through PayPal.
- Right to Change
Prices and Availability of Services and Think Hollywood Content.
and availability of any Think Hollywood Content and/or services are
subject to change at any time.
- Electronic Signatures
and Contracts. Your use of the Website includes the ability to enter
into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE
THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT
TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT
AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS
RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING
NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
- In order to access
and retain your electronic records, you may be required to have certain
hardware and software, which are your sole responsibility.
- Digital Millennium
- If you are a copyright
owner or an agent thereof and believe that any content found or submitting
to the Website infringes upon your copyrights, you may submit a notification
pursuant to the Digital Millennium Copyright Act (DMCA) by providing
our Copyright Agent with the following information in writing (see 17
U.S.C 512(c)(3) for further detail):
- A physical or electronic
signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
- Identification of
the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
- Identification of
the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is
to be disabled and information reasonably sufficient to permit the service
provider to locate the material;
- Information reasonably
sufficient to permit the service provider to contact you, such as an
address, telephone number, and, if available, an electronic mail;
- A statement that
you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or
the law; and
- A statement that
the information in the notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
designated Copyright Agent to receive notifications of claimed infringement
is: Law Offices of Elsa Ramo, 315 S. Beverly Dr, Ste 508, Beverly Hills,
CA 90212 email: email@example.com fax: 310-861-5246. For
clarity, only DMCA notices should go to the Copyright Agent; any other
feedback, comments, requests for technical support, and other communications
should be directed to the Company customer service through firstname.lastname@example.org.
You acknowledge that if you fail to comply with all of the requirements
of this Section 5(D), your DMCA notice may not be valid.
- Warranty Disclaimer
YOU AGREE THAT
YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND
AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH
THE WEBSITE AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THINK HOLLYWOOD
CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES
OF THINK HOLLYWOOD CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR
WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO
OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY,
AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, INCLUDING THINK HOLLYWOOD
CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT, INCLUDING THINK HOLLYWOOD CONTENT, POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THE COMPANY
DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT
OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- Limitation of
IN NO EVENT
SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES,
OR INACCURACIES OF ANY CONTENT, INCLUDING THINK HOLLYWOOD CONTENT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR
WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY
CONTENT, INCLUDING THINK HOLLYWOOD CONTENT, OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, INCLUDING
THINK HOLLYWOOD CONTENT, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT,
TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR USER SUBMISSIONS
OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY
AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY
is controlled and offered by the Company from its facilities in the
United States of America. The Company makes no representations that
the Website is appropriate or available for use in other locations.
Those who access or use the Website from other jurisdictions do so at
their own volition and are responsible for compliance with local law.
You agree to
defend, indemnify and hold harmless the Company, its parent corporation,
officers, directors, employees and agents, from and against any and
all claims, damages, obligations, losses, liabilities, costs or debt,
and expenses (including but not limited to attorney's fees) arising
from: (i) your use of and access to the Website; (ii) your violation
of any term of these Terms of Service; (iii) your violation of any third
party right, including without limitation any copyright, property, or
privacy right; or (iv) any claim that one of your User Submissions caused
damage to a third party. This defense and indemnification obligation
will survive these Terms of Service and your use of the Website.
- Ability to Accept
Terms of Service
that you are either more than 18 years of age, or an emancipated minor,
or possess legal parental or guardian consent, and are fully able and
competent to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms of Service,
and to abide by and comply with these Terms of Service. In any case,
you affirm that you are over the age of 13, as the Website is not intended
for children under 13. If you are under 13 years of age, then please
do not use the Website.
of Service, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by the Company without
You agree that:
(i) the Website shall be deemed solely based in California; and (ii)
the Website shall be deemed a passive website that does not give rise
to personal jurisdiction over the Company, either specific or general,
in jurisdictions other than California. These Terms of Service shall
be governed by the internal substantive laws of the State of California,
without respect to its conflict of laws principles. Any claim or dispute
between you and the Company that arises in whole or in part from the
Website shall be decided exclusively by a court of competent jurisdiction
located in Los Angeles County, California. These Terms of Service, together
with the Privacy Notice at www.ThinkHollywood.org/Privacy and any other legal notices
published by the Company on the Website, shall constitute the entire
agreement between you and the Company concerning the Website. If any
provision of these Terms of Service is deemed invalid by a court of
competent jurisdiction, the invalidity of such provision shall not affect
the validity of the remaining provisions of these Terms of Service,
which shall remain in full force and effect. No waiver of any term of
this these Terms of Service shall be deemed a further or continuing
waiver of such term or any other term, and the Companys failure to
assert any right or provision under these Terms of Service shall not
constitute a waiver of such right or provision. The Company reserves
the right to amend these Terms of Service at any time and without notice,
and it is your responsibility to review these Terms of Service for any
changes. Your use of the Website following any amendment of these Terms
of Service will signify your assent to and acceptance of its revised
terms. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT
OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER
THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
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