Women & Hollywood Terms of Service

Welcome to the Women & Hollywood website (“Site”), which is owned and controlled by Women & Hollywood (“W&H”).  The Site is dedicated to bringing attention to women’s films, TV, books, awards, festivals and many other things that are focused on women and depictions of women in popular culture.  The Site is comprised of (i) a blog, which focuses on what’s going on for women in Hollywood: what movies are being made; what directors are getting jobs; what projects actors are working; and will call attention to the continuous disparity that dominates Hollywood (“Blog”) and (ii) information about W&H’s on-line marketing expertise and services (“Marketing Services”).

Your access and use of the site is subject to the following terms and conditions and all applicable laws.  by accessing or using any part of the site, you accept, without limitation or qualification, these terms and conditions.  if you do not agree with all of these terms and conditions, you may not use any portion of the site.

Acceptance of Terms

These Terms of Service (“TOS”) may be updated by us from time to time without notice to you. You can review the most current version of these TOS at any time at www.womenandhollywood.com. W&H recommends that you check back here from time to time to review the most current version of these TOS. Your continued access of the Site after changes have been made conclusively demonstrates your acceptance of those changes.

Privacy Policy

All other information you provide to or through the Site is subject to our Privacy Policy. For more information see our full Privacy Policy.

Copyright

All content, information, data, text, graphics, images, data compilations, statistics and other material that is uploaded, posted and/or otherwise made available by W&H in connection with the Blog (collectively, “Content”), is the property of W&H or its content suppliers and protected by applicable intellectual property and other laws. Additionally, Content is protected by copyright, trademark, patent and/or other proprietary rights and laws. The opinions expressed in the Content do not reflect those of any of W&H’s Marketing Service clients, and no client is ever promised editorial coverage as part of W&H’s work agreement with such client.  When (and if) W&H’s blogs about a film on which W&H is working, W&H discloses its affiliation with that client.

Except as expressly authorized by W&H in writing or by another owner of any Content, as applicable, you may not distribute, reproduce, publish, publicly display, publicly perform, modify, adapt, translate, sell, and otherwise use that Content (in whole or in part), and/or to incorporate that Content (in whole or in part) into any other material.  Further, you may not remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notice provided on the Site (including any Content).  You will not reproduce, sell, or otherwise use all or any part of the Site and any Content that you have not authored for any commercial purpose, without the prior express written permission of W&H.  For the avoidance of doubt, the Site is made available to you solely for your personal non-commercial use, unless otherwise expressly permitted by W&H.

Permissible Content and Site Usage

This Site provides you with a forum to express your personal opinions regarding various topics on the Blog.

When commenting on the Blog, you expressly agree that: (i) you have the right to post all information and materials and (ii) all opinions expressed are genuinely held based upon your own analysis, experiences, beliefs or research.

You are entirely responsible for all commentary that you have made available through the Site (“User Commentary”). W&H does not endorse the opinions expressed in any User Commentary that it has not authored, nor does W&H guarantee the accuracy, integrity or quality of any User Commentary whatsoever. Under no circumstances will W&H be liable to you in any way for any User Commentary, including without limitation, for any of the opinions expressed in any User Commentary, errors or omissions in any User Commentary, and/or loss, damage or other harm incurred as a result of the publication and/or use of any User Commentary.

You hereby grant W&H a perpetual license to use, redact, republish, copy and distribute your User Commentary in any medium now known or hereinafter developed without payment of compensation to you and without seeking any further approval from you.

You may not use the Site to:

1. upload, post, email, transmit and/or otherwise make available any User Commentary that is unlawful, harmful, abusive, harassing, threatening, tortious, pornographic, obscene, vulgar, profane, hateful, defamatory, false or misleading, invasive of another’s privacy, and/or racially, ethnically, religiously or otherwise objectionable, all as solely determined by W&H;
2. harm other persons and/or entities in any way;
3. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. upload, post, email, transmit or otherwise make available any User Commentary that you are prohibited from making available by law and/or under a contractual or fiduciary relationship (such as inside information and/or proprietary and confidential information learned as part of an employment relationship or under a nondisclosure agreement);
5. upload, post, email, transmit or otherwise make available any User Commentary that infringes any patent, trademark, trade secret, copyright or other proprietary right of W&H or any third party;
6. upload, post, email, transmit or otherwise make available any material that contains software viruses and/or any other computer code, file or program designed to interrupt, destroy and/or limit the functionality of any computer software or hardware or telecommunications equipment;
7. disrupt or otherwise interfere with the Site, including without limitation any servers and/or networks connecting to the Site, and/or disobey any policies or procedures of servers and/or networks connecting to the Site;
8. violate any applicable local, state, national and/or international law;
9. “stalk” or otherwise harass another person and/or entity; and/or collect and/or store personal information about Site users.

No Warranties

THE SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS” AND W&H MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, W&H DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. W&H DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT WILL W&H BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if W&H is otherwise found to be liable to you in any manner, then W&H’s aggregate liability for all claims under such circumstances for liabilities, shall not exceed ten dollars ($10.00).

Indemnification

You agree to indemnify, defend and hold W&H and its agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, (i) any breach by you of any of these TOS, (ii) any User Commentary posted by you to the Blog or (iii) a violation by you of applicable law.

International Access

The Site is provided from the United States of America and all servers that make it available reside in the U.S.A.  The laws of other countries may differ regarding the access and use of the Site.  W&H makes no representations regarding the legality of this Site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.

Governing Law

The laws of the State of New York shall govern these TOS.  YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TOS OR YOUR ACCESS OR USE OF THE Site.

Links

The Site may display (including as provided by third parties) links to other websites not owned or operated by W&H.  Because W&H has no control over such sites W&H is not responsible for the availability or non-availability of such sites, and W&H does not endorse and is not responsible for any content (including without limitation any goods and/or services) available, directly or indirectly, through such sites. Further, W&H shall not be responsible for any damage, loss or other harm arising from use of or reliance on any such content (including without limitation any goods and/or services) available, directly or indirectly, through such sites. W&H encourages you to carefully review the policies of any such sites that you access.

Dealings with Advertisers

Your correspondence and/or other dealings with (including without limitation your participation in promotions of) advertisers and other third parties found, directly or indirectly, through the Site (including without limitation payment for, receipt of and/or use of any third party goods and/or services), and any terms, conditions, warranties and/or representations associated with such dealings, are solely between you and such third parties. W&H shall not be responsible or liable for any loss, damage or other harm of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Site.

Copyright Complaints

W&H respects the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately so that W&H may work with you to resolve the situation.

General Information

Entire agreement. These TOS constitute the entire agreement between you and W&H and govern your use of the Site, superseding all prior agreements between you and W&H relating to the Site.

Waiver and severability of terms. The failure of W&H to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TOS will remain in full force and effect.

Assignment. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement.

Questions. Should you have any questions regarding these TOS, you may contact us at info@womenandhollywood.com.

These TOS were last updated on June 22, 2010.