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Welcome to HOLLYHOOD! PLEASE READ THIS LICENSE AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOUR LEGAL RIGHTS. You may be viewing this license agreement (“License Agreement”, “Terms of Service”, “End User License Agreement”, or “EULA”) on a small screen. If so, here are the highlights of the License Agreement (but please read the entire agreement below).

 

• You own the Content (as defined below). Nothing in this License Agreement changes that.

• You are giving HOLLYHOOD LLC and its affiliated entities (“HOLLYHOOD”) a license to use the Content on its mobile application, websites, data networks, and other storage systems.

• You are also giving HOLLYHOOD a license to use your name and image and other biographical material in conjunction with your profile and Content.

• You own all the rights to your Content or have all the required rights and permissions from third parties to use the Content, and nothing in the Content is inappropriate or defamatory.

• You are releasing HOLLYHOOD from any liability and you promise not to sue HOLLYHOOD for its use of the Content as described.

• HOLLYHOOD is providing you a limited license to use its technology, platform, and systems, but you have no other rights unless expressly given to you, in writing, by HOLLYHOOD.

 

 

HOLLYHOOD builds technologies and services that enable people to connect with each other, build communities, and grow businesses. These Terms govern your use of HOLLYHOOD it’s related products, features, apps, services, technologies, and software we offer (the HOLLYHOOD Products or Products), except where we expressly state that separate terms (and not these) apply. These Products are provided to you by HOLLYHOOD LLC.

 

By using our Products, you agree that we may show you ads that we think will be relevant to you and your interests. We use your personal data to help determine which ads to show you.

 

We don’t sell your personal data to advertisers, and we don’t share information that directly identifies you (such as your name, email address or other contact information) with advertisers unless you give us specific permission. Instead, advertisers can tell us things like the kind of audience they want to see their ads, and we show those ads to people who may be interested. We provide advertisers with reports about the performance of their ads that help them understand how people are interacting with their content.

 

Our Data Policy explains how we collect and use your personal data to determine some of the ads you may see and provide all of the other services described below. You can also go to your settings at any time to review the Data Policy.

 

1. The services we provide.

 

Our mission is to give people the power to build community and bring the world closer together. To help advance this mission, we provide the Products and services described below to you:

 

Provide a personalized experience for you:

Your experience on HOLLYHOOD is unlike anyone else's: from the posts, stories, events, ads, and other content you see in your feed on your profile or our video platform to the profiles you follow and other features you might use. We use the data we have - for example, about the connections you make, the choices and settings you select, and what you share and do on and off our Products - to personalize your experience.

 

Connect you with people and organizations you care about:

We help you find and connect with people, groups, businesses, organizations, and others that matter to you across the HOLLYHOOD Products you use. We use the data we have to make suggestions for you and others - for example, groups to join, events to attend, profiles to follow or send a message to, shows to watch, and people you may want to become friends with. 

 

Empower you to express yourself and communicate about what matters to you:

There are many ways to express yourself on HOLLYHOOD and to communicate with friends, family, and others about what matters to you - for example, sharing status updates, photos, and videos, across the HOLLYHOOD Products you use, sending messages to a friend or several people, creating events or groups, or adding content to your profile. We have also developed, and continue to explore, new ways for people to use technology, such as virtual hangouts and video chats to create and share more expressive and engaging content on HOLLYHOOD.

 

Help you discover content, products, and services that may interest you:

We show you ads and other sponsored content to help you discover content, products, and services that are offered by the many users, businesses, and organizations that use HOLLYHOOD and other HOLLYHOOD Products.

 

Combat harmful conduct and protect and support our community:

People will only build community on HOLLYHOOD if they feel safe. We develop advanced technical systems to detect misuse of our Products, harmful conduct towards others, and situations where we may be able to help support or protect our community. If we learn of content or conduct like this, we will take appropriate action - for example, offering help, removing content, removing or restricting access to certain features, disabling an account, or contacting law enforcement. We share data with other HOLLYHOOD Companies when we detect misuse or harmful conduct by someone using one of our Products.

 

Research ways to make our services better:

We engage in research to develop, test, and improve our Products. This includes analyzing the data we have about our users and understanding how people use our Products, for example by conducting surveys and testing and troubleshooting new features. Our Data Policy explains how we use data to support this research for the purposes of developing and improving our services.

Provide consistent and seamless experiences across the HOLLYHOOD Company Products:

Our Products help you find and connect with people, groups, businesses, organizations, and others that are important to you. We design our systems so that your experience is consistent and seamless across the different HOLLYHOOD Company Products that you use. 

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2. Your commitments to HOLLYHOOD and our community

 

We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:

 

1. Who can use HOLLYHOOD

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When people stand behind their opinions and actions, our community is safer and more accountable. For this reason, you must:

Register using the same name that you use in everyday life.

Provide accurate information about yourself.

Not share your password, give access to your HOLLYHOOD account to others, or transfer your account to anyone else (without our permission).

We try to make HOLLYHOOD broadly available to everyone, but you cannot use HOLLYHOOD if:

You are under 13 years old.

You are a convicted sex offender.

We've previously disabled your account for violations of our Terms of Service.

You are prohibited from receiving our products, services, or software under applicable laws.

 

2. What you can share and do on HOLLYHOOD

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We want people to use HOLLYHOOD to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):

You may not use our Products to do or share anything:

That violates these Terms of Service or our community standards, and other terms and policies that apply to your use of HOLLYHOOD.

That is unlawful, misleading, discriminatory or fraudulent.

That infringes or violates someone else's rights, including their intellectual property rights.

You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Products.

You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data you do not have permission to access.

We can remove or restrict access to content that is in violation of these provisions.

If we remove content that you have shared in violation of our Community Standards, we’ll let you know and explain any options you have to request another review, unless you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.

 

To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies.

We also can remove or restrict access to your content, services or information if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts to HOLLYHOOD.

 

3. The permissions you give us.

 

We need certain permissions from you to provide our services:

 

Permission to use content you create and share: Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws.

You own the intellectual property rights (things like copyright or trademarks) in any such content that you create and share on HOLLYHOOD and the other HOLLYHOOD Products you use. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want. However, to provide our services we need you to give us some legal permissions (known as a ‘license’) to use this content. This is solely for the purposes of providing and improving our Products and services. Specifically, when you share, post, or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on HOLLYHOOD, you give us permission to store, copy, and share it with others (again, consistent with your settings) such as service providers that support our service or other HOLLYHOOD Products you use. This license will end when your content is deleted from our systems.

 

You can delete content individually or all at once by deleting your account. When you delete content, it’s no longer visible to other users, however it may continue to exist elsewhere on our systems where:

immediate deletion is not possible due to technical limitations; your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted); or where immediate deletion would restrict our ability to:

investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our Products or systems); comply with a legal obligation, such as the preservation of evidence; or comply with a request of a judicial or administrative authority, law enforcement or a government agency; in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).

In each of the above cases, this license will continue until the content has been fully deleted.

 

Permission to use your name, profile picture, and information about your actions with ads and sponsored content: You give us permission to use your name and profile picture and information about actions you have taken on HOLLYHOOD next to or in connection with ads, offers, and other sponsored content that we display across our Products, without any compensation to you. For example, we may show your friends that you are interested in an advertised event or have liked a Page created by a brand that has paid us to display its ads on HOLLYHOOD. Ads like this can be seen only by people who have your permission to see the actions you've taken on HOLLYHOOD.

 

You represent and warrant that you (a) own and control all rights, title and interest in and to the Content you license or that you otherwise have all rights, permissions and consents necessary to post and use such Content (including, but not limited to, the right to use names, images and likenesses of any third party referenced or appearing in the Content); (b) have all rights necessary to provide HOLLYHOOD and its affiliates, agents, representatives, licensees and assigns with the license and rights set forth in Section 4 below; and (c) have complied with all applicable laws and regulations associated with acquiring and/or producing the Content. For the purposes of this License Agreement, “Content” means photographs, text, graphics, moving images, sound, illustrations or any other materials (including any associated metadata or location information) (collectively, “Content”). For purposes of clarification, Content also includes any profile information you allow HOLLYHOOD to access from third party social media platforms (including but not limited to Instagram, YouTube, Twitter, Pinterest, LinkedIn, and Facebook) in accordance with the authorization procedures determined by the platform.

 

Permission to update software you use or download: If you download or use our software, you give us permission to download and install updates to the software where available.

 

4. Limits on using our intellectual property

 

If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos, or sounds we provide that you add to content you create or share on HOLLYHOOD), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted or with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

 

5. Additional provisions

 

1. Updating our Terms

 

We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. Unless otherwise required by law, we will notify you before we make changes to these Terms and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products.

We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be a part of the HOLLYHOOD community, you can delete your account at any time.

 

2. Account suspension or termination

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We want HOLLYHOOD to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas. If we determine that you have clearly, seriously or repeatedly breached our Terms of Service or other policies, including in particular our community standards, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons. Where we take such action we’ll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; or where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.

 

3. Limits on liability

 

We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided "as is," and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).

We cannot predict when issues might arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the HOLLYHOOD Products, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or the HOLLYHOOD Products will not exceed $100 USD.

 

To the fullest extent allowed by law, you agree to release, discharge and indemnify HOLLYHOOD and its employees, contractors, sponsors or any other person acting under HOLLYHOOD’s permission or authority, from any liability, claim, damage, judgment, cost, loss, expense (including reasonable attorneys’ fees), by virtue of any publication or use of the Content you submit or the name, image, likeness, persona or other information you provide in connection with such Content. You further agree to waive any rights to injunctive relief you may have in connection with this License Agreement and any rights to seek incidental, consequential, indirect, special or punitive damages, including lost profits, arising from any transaction, submission of Content or use of Content by HOLLYHOOD.

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4. Disputes

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We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply.

 

This License Agreement will be governed by applicable federal law and the laws of the State of New York, without reference to its choice of law rules. Nothing herein will be interpreted as a waiver of HOLLYHOOD’s rights to the Content under federal and state common law and statutes (such as rights of public domain and fair use).

 

For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the HOLLYHOOD Products ("claim"), you agree that it will be resolved exclusively in the U.S. District Court for the Southern District of New York or a state court located in New York County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of New York will govern these Terms and any claim, without regard to conflict of law provisions.

 

5. Other

 

These Terms make up the entire agreement between you and HOLLYHOOD regarding your use of our Products and in relation to the Content you’re licensing. They supersede any prior agreements. If a court finds any provision of this License Agreement to be unreasonable or unenforceable in any respect, you agree that this License Agreement will nonetheless be enforced to the maximum extent to which it is found by the court to be legally enforceable. Some of the Products we offer may also be governed by supplemental terms. If you use any of those Products, supplemental terms will be made available and will become part of our agreement with you. To the extent any supplemental terms conflict with these Terms, the supplemental terms shall govern to the extent of the conflict. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent. You may designate a person (called a legacy contact) to manage your account if it is memorialized. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialized. These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. You should know that we may need to change the username (“Screen Name”) for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life).

 

We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential. We reserve all rights not expressly granted to you.