1. Acceptance

1. 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, LLC’s (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.

2. 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.

2. The Website

1. 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)”).

2. 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 Any portion of this site may contain facts, information, or other communication that may be outdated, incorrect, or otherwise unreliable.

3. 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.

4. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. 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.

4. General Use of the Website – Permissions and Restrictions
   

   The Company hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

   1. You agree not to distribute in any medium any part of the Website without the Company’s prior written authorization.
   2. You agree not to alter or modify any part of the Website or any of its related technologies.
   3. 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.
   4. 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 Company’s 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 Company’s resources with the effect of competing with or displacing the market for the Company, and Think Hollywood Content.
   5. 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.
   6. The Company reserves the right to discontinue any aspect of the Website at any time.

5. Use of Content on the Site
   In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Website.

1. 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.

2. You may access Think Hollywood Content solely:

• for your information and personal use; and
• as intended through the normal functionality of the Company’s service; and

3. 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 Company’s service.

4. 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.
5. 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.
6. 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.

6. User Submissions and Conduct

1. 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.

2. 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.

3. 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.

4. You acknowledge that because of the Company’s 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

5. 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.

6. You further agree that you will not, in connection with User Submissions, submit material that is contrary to applicable local, national, and international laws and regulations.

7. 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.

8. Every effort has been made to accurately represent the Company’s 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.

9. 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.

10. 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 else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in connection with the Company’s services.

11. 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.

12. 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.

7. Purchase of Services

1. 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.

2. 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.

3. 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.

4. 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.
  Prices and availability of any Think Hollywood Content and/or services are subject to change at any time.

5. 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.

6. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

8. Digital Millennium Copyright Act

1. 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.

The Company’s 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: info@entertainmentattorney.biz 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 info@thinkhollywood.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.

9. 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.

10. Limitation of Liability

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 JURISDICTION.

YOU SPECIFICALLY 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 WITH YOU.

The Website 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.

11. Indemnity

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.

12. Ability to Accept Terms of Service

You affirm 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.

13. Assignment

These Terms 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 restriction.

14. General

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 Company’s 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 BARRED.