1. Definitions. THEHOLLYWOODCHRISTMASPARADE.ORG is operated by HOLLYWOOD CHRISTMAS PARADE TELEVISION, LLC on behalf of Associated Television International. As used in this document, “HCPT” refers to HOLLYWOOD CHRISTMAS PARADE TELEVISION, LLC. As used in this document, “HCPT Parties” means HCPT and its parent and affiliates and the officers, directors, members, employees, advisors and agents of the foregoing. As used in this document, (i) “Visitor” means a THEHOLLYWOODCHRISTMASPARADE.ORG user that accesses the THEHOLLYWOODCHRISTMASPARADE.ORG web pages and associated applications without registering and/or logging-in, (ii) “Member” means a THEHOLLYWOODCHRISTMASPARADE.ORG user that is registered with and has an account (an “Account”) with THEHOLLYWOODCHRISTMASPARADE.ORG , and (iii) “User” and/or “you(r)” means and includes Members and Visitors.
4. Equipment. You shall be responsible for obtaining and maintaining all telecommunication devices, computer hardware and other services and equipment needed for access to and use of THEHOLLYWOODCHRISTMASPARADE.ORG and all charges related thereto. In addition, certain features that make up THEHOLLYWOODCHRISTMASPARADE.ORG (e.g., THEHOLLYWOODCHRISTMASPARADE.ORG device applications) may operate on or in connection with various products and services provided by various third parties, such as third party handsets, tablet devices, televisions, set top devices and other devices, and third party-provided Internet access services. Without limiting the generality of the disclaimers and limitations of liability stated elsewhere in this document, you acknowledge that HCPT does not control such third parties or their products or services and that HCPT shall not be responsible for such third parties or their products or services.
5. Intellectual Property Rights of HCPT. THEHOLLYWOODCHRISTMASPARADE.ORG contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. The entire contents of THEHOLLYWOODCHRISTMASPARADE.ORG are copyrighted as a collective work under the United States copyright laws. HCPT (and/or its parent and/or affiliates) own copyrights in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works of, or in any way similarly exploit, any of the content, in whole or in part. To the extent expressly permitted at certain parts of THEHOLLYWOODCHRISTMASPARADE.ORG (if any), you may download copyrighted material for your personal non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of HCPT and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by viewing or downloading copyrighted material. HCPT and its parent, affiliates and content suppliers expressly reserve all ownership and other rights (including, but not limited to, intellectual property rights) in their respective materials and no such rights are transferred to you. HCPT, HOLLYWOOD CHRISTMAS PARADE TELEVISION, LLC and THEHOLLYWOODCHRISTMASPARADE.ORG, and each of their logos, are trademarks of HOLLYWOOD CHRISTMAS PARADE TELEVISION, LLC. All rights reserved. All other trademarks appearing on THEHOLLYWOODCHRISTMASPARADE.ORG are the property of their respective owners.
Please choose carefully the Materials you post or otherwise submit to THEHOLLYWOODCHRISTMASPARADE.ORG and/or that you provide to other Users. Except with respect to personal information (e.g., DOB, address) that you submit as part of registering for an account on THEHOLLYWOODCHRISTMASPARADE.ORG, your submissions are non-confidential and HCPT has no obligation to maintain the confidentiality of any Materials you submit. Without limiting the generality of the foregoing, Materials you choose to post and/or upload to THEHOLLYWOODCHRISTMASPARADE.ORG will be viewed by other Users, so please do not post information, content or other Materials to which you do not wish other Users to have access.
Any opinions, views, advice, statements, services, offers or other information or content expressed or made available by you or any third parties (e.g., other Users, professional information providers, etc.) are those of the respective author(s) or submitter(s) and not of the HCPT Parties. THE HCPT PARTIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, NOR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Users are solely responsible for anything contained in their submissions, message board and/or chat sessions. The HCPT Parties do not verify, endorse or otherwise vouch for the contents of any submission, message board or chat room. Users may be held legally liable for the contents of their submissions, message board and chat sessions, and may be held legally liable if their submissions or chat sessions include, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary right without permission of the author or owner, or defamatory comments. HCPT reserves the right, in its sole discretion, to reject, to refuse to post and/or to remove any posting (including private messages) by you, for any or no reason, with or without prior notice, and without liability on the part of HCPT.
HCPT does not accept or consider business and/or programming proposals and/or similar suggestions and/or materials (“Proposals”) other than those they have specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by HCPT might seem to others to be similar to their own proposals or suggestions. If you do send or post any Proposals, including related ideas, notes, drawings, concepts or other information, or if you transmit them through THEHOLLYWOODCHRISTMASPARADE.ORG by electronic mail or otherwise, the Proposals shall be deemed, and shall remain, the property of HCPT. None of the Proposals shall be subject to any obligation on the part of HCPT to use the Proposals or keep them confidential and none of the HCPT Parties shall be liable for any use or disclosure of any Proposals. HCPT shall exclusively own any now known or hereafter existing rights to the Proposals of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Proposals for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Proposals.
8. Publicly Available Participation.
By participating in an Interactive Area, you acknowledge that the fact and elements of your participation will be publicly available on THEHOLLYWOODCHRISTMASPARADE.ORG to other THEHOLLYWOODCHRISTMASPARADE.ORG Users. For example, if you comment on a story, enter a public chat or interact with THEHOLLYWOODCHRISTMASPARADE.ORG in any other way, unless otherwise noted, your interactions will be published live on the THEHOLLYWOODCHRISTMASPARADE.ORG newsfeed and maintained in your public profile. If you do not want your participation listed on the news feed, do not interact with THEHOLLYWOODCHRISTMASPARADE.ORG.
9. User Conduct. By viewing THEHOLLYWOODCHRISTMASPARADE.ORG or participating in the Interactive Areas, you agree to the following:
A. Lawful Use. You shall use THEHOLLYWOODCHRISTMASPARADE.ORG for lawful purposes only. You shall not post or transmit through THEHOLLYWOODCHRISTMASPARADE.ORG any material that violates or infringes in any way the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or that, without HCPT’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that, as determined by HCPT in HCPT’s discretion, restricts or inhibits any other User from using or enjoying THEHOLLYWOODCHRISTMASPARADE.ORG will not be permitted. User shall not use THEHOLLYWOODCHRISTMASPARADE.ORG to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become subscribers of other on-line information services competitive with THEHOLLYWOODCHRISTMASPARADE.ORG.
B. Naming Policy. When selecting a display name for use on THEHOLLYWOODCHRISTMASPARADE.ORG web sites, you must abide by the following Naming Policy set forth below (and if THEHOLLYWOODCHRISTMASPARADE.ORG changes it, you will abide by all changes after it is posted here.)
§ Names may not be offensive, sexually explicit, vulgar, racist, hateful, obscene, defamatory, or any other language that is offensive in nature (including common swear words, names concerned with anatomical references, and intentional misspellings, anagrams, combinations, and homonyms of these words).
§ Names may not be used that harass or damage the reputation of another user, HCPT or HOLLYWOOD CHRISTMAS PARADE TELEVISION, LLC employees or agents.
§ Names may not be a name or handle of any HCPT or HOLLYWOOD CHRISTMAS PARADE TELEVISION, LLC employees or agents.
§ Names may not include any unlawful reference to trademarked names, materials or products.
§ Names may not incorporate names of other people; broadcast talent, actors, celebrities, or other personalities or individuals in a manner that creates confusion or false affiliation.
§ Names may not be religiously or historically sensitive.
§ Names may not have a title or rank within them suggesting affiliation with HCPT, HOLLYWOOD CHRISTMAS PARADE TELEVISION, LLC or THEHOLLYWOODCHRISTMASPARADE.ORG.
§ Names may not contain a phrase, sentence, or any fragment of a sentence.
§ Names may not include any telephone numbers, credit card numbers, social security numbers, street addresses, or email/instant message addresses other than your own (and THEHOLLYWOODCHRISTMASPARADE.ORG strongly recommends that you not use your own either).
§ Names may not use misspellings or alternative spellings of names that violate any of the rules above.
C. User Content. You shall not upload, post or otherwise make available on THEHOLLYWOODCHRISTMASPARADE.ORG any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, intellectual property or proprietary rights, or any other harm resulting from such a submission.
D. User Rules of Conduct. Without limiting any other term herein, if you submit any User Content (including, but not limited to, any screen name) or participate in an Interactive Area within or in connection with THEHOLLYWOODCHRISTMASPARADE.ORG, you agree to abide by the following Rules of Conduct:
§ You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way the rights of others, including any statements that may defame, harass, stalk or threaten others.
§ You agree not to upload, post or otherwise transmit any User Content that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity.
§ You agree not to upload, post or otherwise transmit any material that contains or advocates profane or obscene material as determined in HCPT’s discretion.
§ You agree not to upload, post or otherwise transmit any User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability.
§ You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them.
§ You agree not to upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of any Interactive Area.
§ You agree not to impersonate any person or entity, including, but not limited to, any HOLLYWOOD CHRISTMAS PARADE TELEVISION, LLC, HCPT, THEHOLLYWOODCHRISTMASPARADE.ORG, or THEHOLLYWOODCHRISTMASPARADE.ORG sponsors, employee or associated persons, or falsely state or otherwise misrepresent your affiliation with any person or entity.
§ You agree not to interfere with any other User’s right to privacy, including by harvesting or collecting personally-identifiable information about THEHOLLYWOODCHRISTMASPARADE.ORG Users or posting private information about a third party.
§ You agree not to upload, post or otherwise transmit any User Content, software or other materials that contain a virus or other harmful or disruptive component.
§ You agree not to interfere with or disrupt THEHOLLYWOODCHRISTMASPARADE.ORG or the servers or networks connected to THEHOLLYWOODCHRISTMASPARADE.ORG, or disobey any requirements, procedures, policies or regulations of networks connected to THEHOLLYWOODCHRISTMASPARADE.ORG.
§ You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
§ You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of THEHOLLYWOODCHRISTMASPARADE.ORG, use of THEHOLLYWOODCHRISTMASPARADE.ORG, or access to THEHOLLYWOODCHRISTMASPARADE.ORG.
Any conduct that HCPT determines, in HCPT’s sole discretion, restricts or inhibits anyone else from using or enjoying THEHOLLYWOODCHRISTMASPARADE.ORG will not be permitted. HCPT reserves the right in its sole discretion to remove or edit User Content by you and to terminate your Account for any reason. HCPT is not responsible for User Content submitted to THEHOLLYWOODCHRISTMASPARADE.ORG or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of THEHOLLYWOODCHRISTMASPARADE.ORG.
F. Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that: (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by HCPT, HOLLYWOOD CHRISTMAS PARADE TELEVISION, LLC, or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release the HCPT Parties and their respective licensees, successors and assigns, from any claims that you could otherwise assert against any of them by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user’s personal use.
10. Disclaimer of Warranty; Limitation of Liability.
A. YOUR USE OF THEHOLLYWOODCHRISTMASPARADE.ORG IS AT YOUR SOLE RISK. NEITHER THE HCPT PARTIES NOR ANY OF THEIR RESPECTIVE THIRD-PARTY CONTENT PROVIDERS, VENDORS OR LICENSORS WARRANT THAT THEHOLLYWOODCHRISTMASPARADE.ORG WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THEHOLLYWOODCHRISTMASPARADE.ORG, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED BY OR THROUGH THEHOLLYWOODCHRISTMASPARADE.ORG.
B. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THEHOLLYWOODCHRISTMASPARADE.ORG IS PROVIDED ON AN “AS-IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
C. USER SPECIFICALLY ACKNOWLEDGES THAT THE HCPT PARTIES AND THEIR RESPECTIVE THIRD-PARTY CONTENT PROVIDERS, VENDORS AND LICENSORS SHALL NOT IN ANY EVENT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY HCPT PARTY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THEHOLLYWOODCHRISTMASPARADE.ORG, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY CONTENT PROVIDERS, VENDORS AND LICENSORS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THEHOLLYWOODCHRISTMASPARADE.ORG. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION APPLY TO ALL CONTENT AND FEATURES COMPRISING THEHOLLYWOODCHRISTMASPARADE.ORG.
11. Indemnification. You shall defend, indemnify and hold harmless the HCPT Parties and their respective third-party content providers, vendors and licensors from and against all claims, damages, losses and expenses, including attorneys’ fees, arising out of the use of THEHOLLYWOODCHRISTMASPARADE.ORG by You, and/or arising out of use of Your Account (whether or not by You), and/or arising out of Your other acts or omissions.
14. Notice of Infringement of Copyright.
HCPT respects the rights of all copyright holders and in this regard, HCPT has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide HCPT’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512:
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
D. Information reasonably sufficient to permit us to contact the complaining party;
E. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
HOLLYWOOD CHRISTMAS PARADE TELEVISION, LLC
PO Box 4180
Hollywood, CA 90011
Phone: (323) 556-5600 Ext. 7234
Created June 2013
© 2013 HOLLYWOOD CHRISTMAS PARADE TELEVISION, LLC