The HSX.com Web site (the "Web Site" or "HSX.com") is provided by Hollywood Stock Exchange, LLC. ("HSX") and/or its affiliates and subsidiaries for your and others' personal, non-commercial enjoyment, subject to these terms and conditions of use and all modifications thereto ("Terms and Conditions"), and any additional rules that may be published from time to time by HSX.com. By using this site, you are deemed to have agreed to these Terms and Conditions. HSX may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on HSX.com. By using this site after we post any such changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions, you are instructed not to use this site.
This Web site and any trading service, communications service, chat room, message board, newsgroup, or other interactive service that may be available to you on or through this site (the "Services") are provided to you solely for entertainment purposes. By using the Web site and Services you acknowledge and agree that you are at least 13 years old and you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the Registration Form, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, HSX reserves the right to terminate your account and refuse any and all current or future use of the Services.
Without limitation of the foregoing, you agree to not use the Web site or Services to:
* Upload, post, publish, email, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another's privacy, or hateful;
* "Stalk" another;
* Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
* Harm minors in any way;
* Impersonate any person or entity, including, but not limited to, an HSX official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
* Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Web site;
* Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
* Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
* Upload, post, publish, email, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are expressly designated for such purpose, provided that even in those areas where advertising and promotional materials may be allowed (if at all), you shall not upload, post, email or otherwise transmit "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
* Upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity;
* Act in a manner that negatively affects other users' ability to engage in the Web site or Services;
* Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Web site or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, registering multiple accounts under the same or different names; using computer program-assisted trading.
* Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
* Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
You also agree that you will not harvest, collect or store information about the users of this Web site or the Content posted by others on this Web site or use such information for any purpose inconsistent with the purpose of this Web site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You acknowledge that HSX does not pre-screen, monitor, review or edit the Content posted by users. However, HSX and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, Advertising, in whole or part, that, in HSX's judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. HSX is not responsible for any failure, non-failure or delay in removing such Content.
You acknowledge and agree that HSX may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of HSX, its users and the public.
You understand that the technical processing and transmission of the Web site, including your Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. HSX.com assumes no responsibility for the deletion or failure to store postings or other information submitted by you or other users to HSX.com.
Any or all Content on the Web site may be purged periodically in HSX's sole discretion. You acknowledge and agree that Content you view or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by HSX or submitted to HSX. You further acknowledge and agree that the views expressed on the site do not necessarily reflect the views of HSX, and HSX does not support or endorse any Content posted by you or any user.
As part of the Services, HSX provides users with the ability to participate in the Hollywood Stock Exchange, a virtual game which allows users ("Participants") to buy and sell fictitious novelty interests in certain entertainment related properties (e.g., actors, actresses, movies, etc.). The interests in the particular properties and the Hollywood Stock Exchange in general are in no way related to the actual properties themselves and such fictitious interests are not, and should not be considered to be, stocks, bonds, or any other form of equity or debt security of HSX or any other person or entity. Accordingly, HSX has not, and is not obligated to, register such interests under any state or federal securities laws. The Hollywood Stock Exchange is intended for entertainment purposes only and any actual betting, wagering or gambling based on the information provided on the Web site or through the Hollywood Stock Exchange is strictly prohibited. Participants understand and agree that all interests are based on virtual "Hollywood" dollars, also known as "H$," which are entirely fictitious and have no actual corresponding dollar amount. Certain contests conducted on the Web site may offer prizes that only apply to H$ and not real currency -- you must read all Official Rules for such contests carefully. Any accumulation of H$ relates solely to a Participant's HSX account and participants are not entitled to receive any real currency, unless otherwise determined by HSX, in its sole discretion.
As part of your participation in the Hollywood Stock Exchange, you will be required to choose a username and password. You shall notify HSX of any known or suspected unauthorized use of your username or password, or any known or suspected breach of security. You shall be responsible for maintaining the confidentiality of your password. You are responsible for all usage or activity on the Web site through your password, including use of your HSX password by any third party. Your account is unique to you and may not be transferred to any other party. You may terminate your account at any time by sending your request to firstname.lastname@example.org or by selecting the "Delete My Account" option in your Account Settings.. HSX may, in its sole discretion, terminate or suspend your access to all or part of the site for any reason, including, without limitation, breach of these Terms and Conditions.
The Hollywood Stock Exchange is provided free of charge to qualified Users. HSX reserves the right to determine and modify qualification criteria. Users must complete the on-line registration form. Acceptance is at HSX's sole discretion. HSX may cancel your account at any time for any reason. If these Terms and Conditions or any future changes are unacceptable to you, or cause you to no longer be in compliance with these Terms and Conditions, you may cancel your account by sending email to email@example.com or by selecting the "Delete My Account" option in your Account Settings.
The content on this Web site is intended for entertainment purposes only. Except as expressly permitted, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Web site. Only if you obtain prior written consent from us -- and from all other entities with an interest in the relevant intellectual property -- may you publish, display or commercially exploit any material from the Web site. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.
You must abide by all additional copyright notices or other restrictions contained on the Web site.
In operating this site, HSX does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web site or HSX mail and email addresses, or in any other way. Any information or material submitted or sent to HSX, will be deemed not to be confidential or secret. By submitting or sending information or other material to HSX, you represent and warrant that the information is original to you and that no other party has any rights to the material.
By submitting or sending information or other material to HSX.com you grant HSX a royalty-free, unrestricted, world wide, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You also warrant that any "moral rights" in posted materials have been waived.
You may be able to link to third parties' Web sites ("Linked Sites") from the HSX Web site. Linked Sites are not, however, reviewed, controlled, or examined by HSX in any way and HSX is not responsible for the services, content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply HSX's endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall HSX be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or Webmaster. HSX reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web site and/or introduce different features or links to different users.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
Other sites may link to the Web site only through a plain-text link. Permission must be granted by us for any other type of link to HSX.com. To seek our permission, you may write to HSX. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the Web site, at our discretion at any time.
As between HSX and you, HSX is the sole owner of all content on the Web site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Web site or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Web site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
This Web site is not intended to be a children's site, therefore, some of the available information may concern certain topics that may not be appropriate for children. Only persons ages 13 or over who comply with these Terms and Conditions are eligible to use this Web site. HSX may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and HSX may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
THE WEB SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, HSX SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (a) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (b) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. HSX DOES NOT WARRANT OR GUARANTEE (i) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (ii) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
HSX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (AND NOT HSX OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL HSX, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF HSX OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, HSX'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
By agreeing to use the Web site, you agree to defend, indemnify and hold HSX, its affiliates, officers, directors and employees harmless from and against any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Web site or Services, or the uploading, posting, publishing, emailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you.
We respect the intellectual property rights of others, and require that the people who use the HSX.com Web site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
* Your username, address, telephone number, and email address;
* A description of the copyrighted work that you claim has been infringed;
* A description of where the alleged infringing material is located;
* A 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;
* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
* 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.
Hollywood Stock Exchange, LLC
1925 Century Park East
Century City, CA 90067
Attn: Legal Affairs
Applicable laws / Jurisdiction
You agree that the laws of the State of California, without regard to its conflicts-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Web Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with HSX.com or relating in any way to your use of the Web site resides in the courts of the State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute, including without limitation any claim involving HSX or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
We control and operate this site from our offices in the United States of America. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so at their own risk on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Any inquiries concerning these terms and conditions of use should be directed to firstname.lastname@example.org.