Terms and Conditions

Welcome to the Internet sites of HollywoodSoftware.com ("HS.com"). HollywoodSoftware.com is operated by Hollywood Software, Inc. and its affiliates (referred herein as "we", "us", or "our").

PLEASE READ THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THE HOLLYWOODSOFTWARE WEB SITE (THE "HS.com SITE"). BY USING THE HS.com SITE, YOU ARE SIGNIFYING THAT YOU AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THE HS.COM SITE OR ANY INFORMATION CONTAINED ON OR IN IT SINCE YOU ARE NOT AUTHORIZED TO DO SO.

1. Use Restrictions

   All materials contained on any HS.com Site are the intellectual property of Hollywood Software, Inc., or its subsidiaries or affiliated company and/or third party licensors. All trademarks, service marks, and trade names are proprietary to Hollywood Software, Inc. or its affiliates.

   We grant You the limited right to display the materials only on your personal computer, and to copy and download the materials on the HS.com Site, solely for your personal use, provided that all copyright, trademark and other proprietary rights notices located on the materials must appear in the materials so displayed, copied or downloaded. You may not, and agree not to, use the materials for any other purpose without Our prior written consent in each instance. Without limitation, You agree not to reproduce, re-distribute, sell, lend, license, sublicense, publish, broadcast, transmit, communicate or circulate any information contained in the materials to anyone. You may not post any content from the HS.com Site or any of the materials to web sites, news groups, mail lists or electronic bulletin boards. You may not download quantities of materials to a database that can be used to avoid future downloads from any HS.com Site. You acknowledge and agree that, except as set forth in this Agreement, You have no right to modify, edit, alter or enhance any of the materials in any manner. This limited license terminates automatically, without notice to You, if You breach any part of this Agreement. Upon termination of this limited license, You agree immediately to destroy any downloaded, printed or other reproductions of the materials. Except as specifically provided herein, You acknowledge that You have no right, title or interest in or to the materials on any legal basis, without Our advance written authorization in each instance.

   In the event that you download software from any HS.com Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third party licensors for your personal use only. We do not transer title to the Software to you. You own the medium on which the Software is recorded, but we (or third party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

2. Content

   If You download a file or follow a posted link to another web site, you agree to take reasonable precautions against viruses, executable files, worms, time bombs, cancel-bots, or other damaging computer programming routines. We are not able to scan for viruses and will not be responsible for their transmission. We recommend that You confirm all information you obtain from the HS.com Site.

3. Privacy

   Your privacy is very important to Us. By accepting this Agreement, You expressly consent to certain disclosures and use of Your "registration information" (as defined in Our then-current privacy policy) to our employees, affiliates and other users of the HS.com Site, as described in our then-current privacy policy, which is incorporated herein by reference. Our current Privacy Policy is available here.

4. Third Parties

   The HS.com Site may also be linked to other sites on the Internet or online services that are not under the control of or maintained by Us. Such links do not constitute an endorsement by Us of those sites. You acknowledge that We are providing these links to you only as a convenience, and further agree that We are not responsible for the content of such sites. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you find inappropriate or offensive. In addition, advertisers on HS.com Sites may send cookies to users that we do not control.

   We reserve the right to disable links from third party sites to any HS.com Site.

5. Comments and Submissions

   We will treat any comments or suggestions You provide to Us as non-confidential and non-proprietary. Thus, please do not submit confidential or proprietary information to Us unless We have mutually agreed in writing otherwise. If, at our request, you send certain specific submissions (the "Submissions"), you automatically grant (or warrant that the owner of such Submissions expressly granted) Us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, adapt, modify, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe.

6. Ownership

   You should assume that everything on the HS.com Site is the valuable intellectual property of HS.com and Our affiliates or licensors. All rights to Our content, property, software, services and server information are reserved including, but not limited to, the exclusive right to prepare and exploit works derived from our intellectual property. All reproduction, in whole or in part, of the text, illustrations, materials or other content on the HS.com Site, by any means whatsoever and without Our prior written consent, is prohibited and all use thereof is strictly limited to use in accordance with this Agreement. "HollywoodSoftware.com" and "HS.com" are trademarks or registered trademarks of Hollywood Software in the United States. You may not link to the HS.com Site using a text or other link, nor frame the HS.com Site or use any of Our trademarks or logos, without Our prior written consent in each instance.

7. Warranty Disclaimer

   ALL SERVICES, PRODUCTS AND INFORMATION ON THE HS.com SITE ARE PROVIDED "AS IS." WE DISCLAIM ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE CONTINUOUS OR UNINTERRUPTED ACCESS TO YOUR ACCOUNT AND MAKE NO WARRANTY AS TO THE OPERATION, FUNCTIONALITY, OR AVAILABILITY OF THE HS.com SITE, OR THAT THE HS.com SITE OR MATERIALS OR CONTENT PROVIDED WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT ANY HS.com WEB SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY HS.com WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

8. Indemnification

   You agree to indemnify and hold Us, Our affiliates, licensors, customers and business partners, and other Community Members, harmless from all damages and costs, including reasonable attorneys' fees arising out of or related to Your breach of this Agreement.

9. Limitation of Liability

   IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING ANY LOST DATA AND LOST PROFITS, ARISING FROM OR RELATING TO THIS AGREEMENT OR THE HS.com SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT OR THE HS.com SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE HIGHER OF THE AMOUNT PAID TO US BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR $100. ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE HS.com SITE OR THIS AGREEMENT MUST BE BROUGHT, IF AT ALL, WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH CLAIM, FAILING WHICH YOU AGREE THAT SUCH CLAIM FOREVER SHALL BE BARRED. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

10. Import

    We control and operate the HS.com Site from our headquarters in the United States (the "U.S.") and make no representation that the Materials are appropriate or will be available for use in other locations. If you use the HS.com Site from outside the U.S., you are entirely responsible for compliance with applicable local laws including, but not limited to, the export and import regulations of other countries in relation to the Materials and the third party content. Unless otherwise explicitly stated, all marketing or promotional materials found on the HS.com Site are solely directed to those located in the U.S.

11. Termination

    We may terminate Your Account immediately if You breach this Agreement, if You infringe third party rights. In no event shall any refunds be paid. Following termination of Your Account, We may remove some or all of Your content from Our servers or elect to retain it, at Our sole option.

12. Amendment

    We may amend this Agreement by posting the amended version on the HS.com Site and making this Agreement available via a link from Our home page. You agree that Your continued use of the HS.com Site after such amendment shall signify Your acceptance of any such amendment. Otherwise, this Agreement may not be amended except in a writing signed by both parties.

13. Form of Agreement/Electronic Signature and Records

    You hereby consent to this Agreement in electronic form and agree that Your use of the web site is Your affirmative assent to this Agreement.

    You may request, and We will deliver to You (without charge) at the address that You supply to Us, a single paper copy of this Agreement. Your request must be made in writing delivered to Us at the following address: HollywoodSoftware.com, 1604 N. Cahuenga Blvd. #115, Hollywood, Ca. 90028 ("Our Address").

    If, at any time, You wish to withdraw your consent to this Agreement in electronic form, You must notify Us of Your withdrawal of consent by delivering written notice to Us at Our Address ("Your Withdrawal Notice"). Your withdrawal of such consent shall not be effective until the last day of the month following the month during which we actually receive Your Withdrawal Notice (the "Effective Date") and shall apply only to transactions with Us occurring after the Effective Date. If you deliver to Us Your Withdrawal Notice, You will have no right of access to, or any privilege to use, the HS.com Site unless and until You execute and deliver to Us (at Our Address) two (2) paper copies of Our then current version of this Agreement, manually signed by You.

14. General

    This Agreement shall be governed in all respects by the internal laws of the State of California. Any action or proceeding arising from or relating to this Agreement must be brought in a federal court in the Northern or Central District of California, or in a state court in San Francisco or Los Angeles County, California, and You irrevocably submit to the jurisdiction and venue of any such court in any such action or proceeding. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between You and Us is intended or created by this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed deleted and the remaining provisions shall be enforced. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. Our failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Us in writing. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control. Except as explicitly stated otherwise, any notices shall be given by certified mail, postage prepaid and return receipt requested, to the address provided below (in Your case) or to the address You provide to Us during the registration process (in Your case), or such other address as the parties may specify. Notice shall be deemed given three (3) days after the date of mailing. You may not assign this Agreement to any third party, and any purported attempt to do so shall be null and void. We may freely assign this Agreement. This Agreement is the entire agreement between You and Us and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, between the you and us regarding the subject matter contained herein. Your use of the HS.com Site, however, is subject to the additional disclaimers and caveats that may appear throughout the HS.com Site.