HOLLYWOOD.COM‘S RSS SERVICE (THE “HW RSS SERVICE”) CONSISTS OF SELECTED CONTENT, HEADLINES, ACTIVE LINKS, OR OTHER SOURCE IDENTIFIERS, AND OTHER INFORMATION OR MATERIALS, INCLUDING ANY PROMOTIONAL TAGLINES THAT YOU SPECIFICALLY SELECT TO RECEIVE FROM HOLLYWOOD.COM AND OTHER CONTENT PROVIDERS (THE ” RSS CONTENT”) THAT MAY BE DOWNLOADED TO AND/OR DISPLAYED ON YOUR COMPUTER, WEBSITE, OR OTHER DEVICE. THESE TERMS OF USE (THE “HW RSS TERMS OF USE ” OR “ THIS AGREEMENT ”)) GOVERN YOUR USE OF THE HW RSS SERVICE. THE USE OF THE HW RSS SERVICE ALSO IS SUBJECT TO THE TERMS AND CONDITIONS OF HOLLYWOOD.COM‘S TERMS OF USE, WHICH GOVERNS THE USE OF HOLLYWOOD.COM‘S WEBSITES, INFORMATION SERVICES AND CONTENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE HW RSS TERMS OF USE, DO NOT DOWNLOAD THE HW RSS SERVICES. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. IN THE EVENT OF ANY CONFLICTS BETWEEN THE HW RSS TERMS OF USE AND HOLLYWOOD.COM‘S TERMS AND CONDITIONS OF USE, THE HW RSS TERMS OF USE SHALL GOVERN AND PREVAIL.
(HOLLYWOOD.COM, “WE ” OR ” OUR “) MAY MODIFY ANY OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, AT ANY TIME AND IN OUR SOLE DISCRETION, BY POSTING A CHANGE NOTICE OR A NEW AGREEMENT ON OUR WEBSITE. YOUR CONTINUED USE OF THE HW RSS SERVICE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR WEBSITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
1. Use of the HW RSS Service. The HW RSS Service is a free service offered by Hollywood.com to individuals for private, non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the RSS Content, are strictly prohibited. You must use the RSS Content as provided by Hollywood.com, and you may not edit or modify the RSS Content or links supplied by Hollywood.com. You may not redistribute the RSS Content. Any use, display or performance of the RSS Content must not suggest that Hollywood.com promotes or endorses any third party causes, ideas, websites, products or services. To request permission for a particular use not permitted by these HW RSS Terms of Use, please send your request to feeds@boca.hollywood.com. The files that together comprise a RSS feed (herein referred to as the ” HW RSS Feed “) of the HW RSS Service are protected by U.S. and international copyright laws. All rights to HW RSS Service, including the content and technology included therein, are reserved to Hollywood.com or the third-party provider providing such HW RSS to Hollywood.com, as the case may be. HW RSS is available for personal, noncommercial use only. You may link to HW RSS Content from your personal Web site (“ Site ”) provided that, unless permission to do so is expressly stated:
(a) you do not edit, alter, modify or delete any of the RSS Content nor files;
(b) you do not redistribute the RSS Content made available as part of the HW RSS Service nor any other file downloaded from the Hollywood.com website;
(c) the use or display does not suggest that Hollywood.com, promotes or endorses any third party causes, ideas, Web sites, products or services; and/or
(d) RSS Content made available are not to be re-produced, edited, re-transmitted, or in any way repurposed without prior consent from Hollywood.com.
To request permission for a particular use not permitted by these HW RSS Terms of Use, please send an email to feeds@boca.hollywood.com.
2. Link to Content Pages. The HW RSS Service may be used only with those platforms from which a functional link is made available that, when accessed, takes the view directly to the display of the full article or the RSS Content on Hollywood.com. You many not display the content of the HW RSS Service in any manner that does not permit successful linking to, redirection to or delivery of the applicable web page of Hollywood.com. You may not insert any intermediate page, splash page or other content between the RSS link and the applicable web page of Hollywood.com.
3. Right to Discontinue HW RSS Service. Hollywood.com reserves the right to discontinue providing any or all of the HW RSS Service at any time and to require you to cease displaying, distributing or otherwise using any or all of the RSS Content for any reason including, without limitation, your violation of any provision of this Agreement and/or the Hollywood.com‘s Terms of Use. Hollywood.com may restrict, suspend or terminate your access to any aspect or all of the HW RSS Services at any time for any reason without liability. Hollywood.com reserves the right to modify the HW RSS Service at any time within Hollywood.com‘s sole discretion. You acknowledge that the HW RSS Service availability is subject to change at Hollywood.com‘s sole discretion.
4. Ownership/Reservation of Rights. The HW RSS Service and the RSS Content are protected by U.S. and international copyright laws and treaties. As between the parties, title, ownership rights, intellectual property rights and all other rights in and to the HW RSS Service, the RSS Content, any and all Hollywood.com logos and trademarks, and any copies or portions thereof, shall remain in Hollywood.com. In addition, any additional programming or technology provided by Hollywood.com in connection with the delivery of the HW RSS Service or otherwise shall remain the sole property of Hollywood.com and no part thereof shall be deemed assigned or licensed to you. Hollywood.com shall retain all rights to the HW RSS Service not expressly granted to you under Section 1 of this Agreement.
5. Additional Restrictions / Attribution / Indemnity. Except as expressly set forth in Section 1 and/or unless otherwise consented to by Hollywood.com, you may not, directly or indirectly: (a) sell, modify, translate, copy, publish, transmit, distribute or otherwise disseminate the HW RSS Service or any portion thereof; or delete or fail to display any promotional taglines included in the HW RSS Service; (b) rent, lease, or otherwise transfer rights to the HW RSS Service; (c) display the name, logo, trademark or other identifier of another person (except for Hollywood.com or you) on your Site in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the HW RSS Service on the Site; (d) remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the HW RSS Service, including without limitation, the size, color, location or style of Hollywood.com‘s marks; (e) encumber or suffer to exist any lien or security interest on the subject matter of this Agreement; (f) make any representation or warranty on behalf of Hollywood.com; or (g) use the HW RSS Service on any site that contains nudity or pornographic material of any kind, displays material that exploits children under the age of 18 promotes or provides instructional information about illegal activities or physical harm or injury against any group or individual, or use the HW RSS Service in any manner that is obscene, defamatory, libelous, invasive of personal privacy or misleading.
Unless otherwise permitted by Hollywood.com, you will: (i) display the HW RSS Service on your Site in the exact form received by you, and not modify or edit any of the foregoing without Hollywood.com‘s prior written consent; (ii) ensure that the fundamental meaning of the HW RSS Service is not changed or distorted; (iii) comply with all applicable laws and all limitations and restrictions (if any) placed by Hollywood.com on the use, display or distribution of any HW RSS Service (” Usage Restrictions “); (iv) give Hollywood.com complete and accurate registration information when requested to do so; and (v) not archive any of the RSS Service for access by users at any future date after the HW RSS Service has been removed from your Site. You acknowledge that the HW RSS Service must link and redirect to the appropriate Hollywood.com Web page when a user clicks on the HW RSS Service (e.g. a headline). You shall not frame any Hollywood.com Web page. You must always stipulate that the HW RSS Service is supplied by Hollywood.com and is protected by copyright and owned by Hollywood.com, Inc.
Hollywood.com assumes no liability for your activity in connection with the HW RSS Service or for the development, operation, and maintenance of your Site. Any fraudulent, abusive, or otherwise illegal activity will be grounds for termination of this Agreement. You will not attempt to hide your identity, represent yourself as someone else, compromise or attempt to compromise the security of any account, or interfere or attempt to interfere with the proper working of HW RSS Service. If you use, or attempt to use, any RSS Service beyond the scope of the license granted in this Agreement, or beyond the scope expressly granted by Hollywood.com, or attempt to, tamper, hack, spoof, use robots or scripts, copy, distribute, modify, or otherwise corrupt the administration, security, or proper function of any part of the RSS Service, then, in addition to termination of this Agreement, you may be subject to appropriate legal and equitable action.
6. Additional INDEMNITY / Limitation of Liability. YOU HEREBY AGREE TO FULLY INDEMNIFY, DEFEND AND HOLD HOLLYWOOD.COM AND ITS PARENT AND AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND LICENSORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY, LOSSES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) INCURRED BY YOU IN CONNECTION WITH: (I) ANY USE OR ALLEGED USE OF THE HW RSS SERVICE THROUGH YOUR ACCOUNT BY ANY PERSON, WHETHER OR NOT AUTHORIZED BY YOU; OR (II) THE OPERATION AND CONTENT ON YOUR SITE OR (III) ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES AND OTHER COVENANTS UNDER THIS AGREEMENT. HOLLYWOOD.COM RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH HOLLYWOOD.COM‘S DEFENSE OF SUCH CLAIM.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL THE RSS PRODUCER OR HOLLYWOOD.COM BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF SERVICES, CONTENT OR RESULTS, COMPUTER FAILURE OR MALFUNCTION, DAMAGES RESULTING FROM DISABLING OF THE SERVICES PROVIDED AS PART OF THE RSS SERVICE.
7. Suggestions/Feedback: You agree that any suggestions, comments or other feedback (the “Feedback”) you offer to Hollywood.com with respect to the HW RSS Service is and will be given entirely voluntarily. Hollywood.com shall be free to use, disclose, reproduce, license or otherwise distribute and exploit Feedback provided to it as it sees fit.
8 . Termination. Unless otherwise agreed to by Hollywood.com, you may terminate this Agreement and the license granted herein at any time by destroying or removing all copies of the HW RSS Service from your Site, all hard drives, networks, and other storage media. Unless otherwise agreed to by Hollywood.com, Hollywood.com may restrict, suspend or terminate the HW RSS Service, this Agreement, the license granted herein, or your access to any aspect or all of the HW RSS Service at any time without liability. You agree to destroy or return to Hollywood.com all copies of the HW RSS Service and all Proprietary Information promptly upon learning of such Termination. Sections 2 through 9 of this Agreement and the applicable terms of Hollywood.com‘s Terms of Use shall survive termination of this Agreement.
9. MISCELLANEOUS. This Agreement and Hollywood.com‘s Terms of Use incorporated herein by reference represent the complete agreement concerning this license between the parties and supersedes all prior and contemporaneous agreements and understandings between them, whether written or oral. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. You may not assign this Agreement without Hollywood.com‘s prior written consent; any assignment by you without such consent shall be null and void. You shall be responsible for compliance with all applicable laws, rules and regulations, if any, related to the performance of its obligations under this Agreement. Hollywood.com is not responsible for any costs or liability associated with making a connection (by any means) to the Internet, the HW RSS Service or other online RSS service, or network. Neither party will be liable for any failure to perform any obligation (other than payment obligations) hereunder, or from any delay in the performance thereof, due to causes beyond its control, including industrial disputes of whatever nature, acts of God, public enemy, acts of government, failure of telecommunications, fire or other casualty. Moreover, Hollywood.com shall be excused from its obligations for any period to the extent that Hollywood.com is prevented from performing, in whole or in part,Hollywood.com‘s obligations under this Agreement, as a result of a force majeure event, including but not limited to, damage by computer viruses, worms, or bugs; tampering; unauthorized intervention; fraud; technical limitations or failures; any acts of God; any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid); equipment failure, threatened terrorist acts; terrorists acts; air raid; blackout; act of public enemy; earthquake; war (declared or undeclared); fire; flood; epidemic; explosion; unusually severe weather; hurricane; embargo; labor dispute or strike; labor or material shortage; transportation interruption of any kind; work slow-down; civil disturbance; insurrection; riot; third party non-performance (including the acts or omissions of any suppliers, agents, or subcontractors); or any other cause beyond Hollywood.com‘s reasonable control affecting production or delivery in any manner.
CAUTION: ANY ATTEMPT BY AN INDIVIDUAL OR ANY OTHER PERSON OR ENTITY TO DAMAGE OR UNDERMINE THE OPERATION OF THE RSS SERVICE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND HOLLYWOOD.COM RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION, DAMAGES AND/OR INJUNCTION TO THE FULLEST EXTENT PERMITTED BY LAW.
You take full responsibility for the selection and use of the RSS Service and access to the RSS Content. This Agreement is void where prohibited by law, and the right to access the RSS Service is revoked in such jurisdictions. Nothing in this Agreement will be deemed to limit or restrict Hollywood.com from entering into agreements with any other person covering the HW RSS Service similar to your Site or from offering such similar services itself.
