My Hollywood Connect End User

Terms of Service Agreement

Welcome to My Hollywood Connect, an online community that connects people through their existing networks of friends or for the purpose of making new connections. The My Hollywood Connect service is operated by My Hollywood, LLC. ("My Hollywood"). By using this My Hollywood hosted service and Web-site ("Site") You agree to be bound by this agreement with respect to the Terms of Service ("Agreement"). If You wish to become a registered member (“Member”) and communicate with other Members and utilize the My Hollywood service ("Service"), read this Agreement and indicate your acceptance of the terms contained in this Agreement by following the instructions on the “ Sign Up Page” page. All references to "You" or “your” throughout this License, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License and completing the membership sign up information on the Sign Up Page and any one authorized by that person to use your assigned password or to enter the Site under your Member identification.

This Agreement sets out the legally binding terms of your use of the Site and your membership in the Service and may be modified by My Hollywood at any time and without prior notice. Such modifications will be effective on the date My Hollywood posts the notice of change on the Site. This Agreement includes My Hollywood's acceptable use policy for content posted on the Site, My Hollywood's Privacy Policy, and any other notices regarding the Site.

• Eligibility. You must be 13 years of age or older to register as a Member of My Hollywood or to use the Site. Membership in the Service is void where prohibited. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
  
• Term. This Agreement will remain in full force and effect while you use the Site and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the “Cancel Account Page” found under “Account Settings”. My Hollywood reserves the right to and may terminate your membership for any reason, at any time. If My Hollywood terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of any unused portion of the subscription fees. Applicable portions of this Agreement will remain in effect even after your membership is terminated.
  
• Non Commercial Use by Members. This Site is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members under this Agreement and shall not use the Service or the Site for any purpose. If you are an organization, company or business, please contact My Hollywood and request our Corporate Membership option. Passwords and compiled names, photos, links, and Site content are not to be transferred or copied from the Site for use with any other product or service. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of other members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
  
• Proprietary Rights in Content on My Hollywood. My Hollywood owns and retains all proprietary rights in the Site and the Service. The Site contains copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of My Hollywood, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
  
• Your Grants. You understand and acknowledge that this system is based on “open-source code” design. Therefore, in consideration of, and as a condition to, the licenses granted to you under this license, you hereby grants to any person or entity receiving or distributing original source code and modifications thereto (‘Covered Code”) under this license a non-exclusive, royalty-free, perpetual, irrevocable license, of the same scope and extent as My Hollywood’s licenses hereunder, under any applicable intellectual property rights (other than patent) owned or controlled by you, to use, reproduce, display, perform, modify, sublicense, distribute and distribute any modifications made to the software by you and incorporated by My Hollywood into the systems.

• Content Posted on the Site.

My Hollywood grants you the right to use the pre-designed web-page templates provided by My Hollywood on its Site as a condition to this Agreement, to upload your Content (as defined below) and to create your own personal web-pages to be hosted by My Hollywood Connect ™. In consideration of this license, you agree to the following terms and conditions:

1. You understand and agree that My Hollywood may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of My Hollywood violate this Agreement or which may be offensive, illegal, or that may violate the rights, harm, or threaten the safety of Members.
   

• Your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.
  
• You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
  
• By posting Content to My Hollywood, you automatically represent and warrant that you have the right to grant, and at the time of posting you grant to My Hollywood an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorize sublicenses of the foregoing.
  

1. The following is a partial list of the kind of Content that is illegal or prohibited on the Site. My Hollywood reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
   

• is patently offensive to the online community, such as Content that promotes racism, bigotry , hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
• promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• promotes an illegal or unauthorized copying of another person's copyrighted work, such as providing pirated computer programs or links to them;
  
• providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  
• contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  
• displays pornographic or sexually explicit material of any kind;
  
• provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  
• provides instructional information about illegal activities such as making or buying illegal weapons or explosives;
  
• violates someone's privacy, or provides or creates computer viruses;
  
• solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
• engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter or advertises or solicits participation in pyramid schemes.
  

Even though all of the above is strictly prohibited, there is a small chance that you might become exposed to such items as a result of unauthorized activity by a third-party, accordingly You further waive Your right to any damages (from any party) as a result of such exposure.

• You must use the Service in a manner consistent with any and all applicable laws and regulations.
  
• You may not include in your on-line public Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
  
• You may not engage in direct advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although My Hollywood cannot monitor the conduct of or activities of its Members when off-Site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, My Hollywood reserves the right to restrict the number of emails that a Member may send to other Members in any 24-hour period to a number, which My Hollywood in its sole discretion, deems appropriate.
• Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide My Hollywood with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written 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; 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. My Hollywood's address for notice of claims of copyright infringement is: Attention Copyright Infringement Notices, My Hollywood, 990 W. Olympic Blvd. Suit 105 Beverly Hills, CA 90212.
  
• Member Disputes. You are solely responsible for your interactions with other My Hollywood Members. My Hollywood, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members.

• Privacy. Use of the Site and/or the Service is also governed by our Privacy Policy.
  
• Disclaimers. My Hollywood is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Service, whether caused by users of the Site, Members or by any of the equipment or programming associated with or utilized in the Service. My Hollywood is not responsible for the conduct, whether online or offline, of any user of the Site or Member of the Service. My Hollywood assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. My Hollywood is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will My Hollywood be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Service, any Content posted on the Site or transmitted to Members, or any interactions between users of the Site, whether online or offline. The Site and the Service are provided "AS-IS" and My Hollywood expressly disclaims any warranty of fitness for a particular purpose.. My Hollywood cannot guarantee and does not promise any specific results from use of the Site and/or the Service. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from My Hollywood or through or from the Service shall create any warranty not expressly stated herein.
  

1. Limitation on Liability. In no event will My Hollywood be liable to You or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from Your use of the Site or the Service, even if My Hollywood has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, My Hollywood's liability to You for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to My Hollywood for the Service during the term of membership.
   
2. Disputes. If there is any dispute about or involving the Site and/or the Service, by using the Site, You agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the State and Federal Courts of the State of California, City of Los Angeles.
   
3. Indemnity. You agree to indemnify and hold My Hollywood, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of Your representations and warranties set forth above. If You are a California resident, You waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
   
4. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between My Hollywood and any Member of the Service.
   
5. Other. This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Service, contains the entire agreement between You and My Hollywood regarding the use of the Site and/or the Service. The failure of My Hollywood to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

1. By checking “Accept Terms & Conditions of Use ”, You are hereby acknowledging that You have read these terms and condition as and are agreeing to and accepting to be bound by the terms of this Agreement. The checking of the box “I agree” will be act as if you had personally signed a copy of this Agreement and will stand in evidence of your complete acceptance of this Agreement