Terms of Service
Last updated: January 20, 2023
Please read these terms and conditions carefully before using Our Service.
Acknowledgment
These are the terms and conditions (“Terms”) governing the use of the website, accessible from https://hollyentertainment.com (“Website”) including any functionality and services offered on or through the Website (collectively, “Service”) and the agreement that operates between You (defined below) and The Audition, Inc., a California corporation (referred herein as either “Company”, “We”, “Us” or “Our”). These Terms set out the rights and obligations of all users, including, without limitation, visitors and others who access or use the Service, regarding the use of the Service. As used herein, the term “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Website, as applicable.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. By accessing or using the Website, including access or use through a computer, mobile device or mobile application, You accept and agree to be bound by these Terms. If You disagree with any part of these Terms, then You may not access the Website.
You represent that You are either over the age of 18, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms, and are not a person barred from using the Service under the laws of the United States or other applicable jurisdictions.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Service and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Subscriptions
The Service or some parts of the Service may be available only on a paid subscription basis by the Company to You (“Subscription”). For such paid Subscription, You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan You select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You or the Company cancels it. You may cancel Your Subscription renewal either through Your Account (defined below) settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period, and You will be able to access the Service until the end of Your current Subscription period. As used herein, the term “Account” means the unique account created for You to access Our Service or parts of Our Service.
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that You must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. Unless You notify Us of any discrepancies within sixty (60) days after they first appear on Your payment statement, they will be deemed accepted by You and You release Us from all liabilities and claims of loss resulting from any such error or discrepancy.
The Company, in its sole discretion and at any time, may modify any Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period. In such an event, the Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
Promotions
Any contests, sweepstakes or other promotions offered through the Service (“Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If You participate in any such Promotions, please review the applicable rules as well as Our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
User Accounts
The creation of a user account may be required to access the Service or some parts of the Service. When You create an Account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your Account on Our Service without notice. We reserve the right to terminate, without notice, Your Subscription and access to the Service for any conduct that We, in Our sole discretion, believe is in violation of these Terms, any applicable law, or is harmful to the interests of another user, service provider, or Company. In the event of such termination, You will continue to be liable for any applicable fees for the period prior to termination, together with such other remedies available to Us under these Terms or any applicable law.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or any services or Content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Content
Your Right to Post Your Content
Our Service may allow You to post Content (defined below), and You are responsible for the Content that You submit, post, or display in connection with the Service, including its legality, reliability, and appropriateness. As used herein, “Content” means any content including, but not limited to, text, images, graphics, photographs, and other information, writings, audio, and video recordings and data that can be posted, uploaded, linked to or otherwise, regardless of the form of that content.
By submitting, posting, or displaying Your Content on or through the Service, You grant Us, without any credit or compensation to You, a royalty-free, non-exclusive, worldwide, perpetual, unrestricted, irrevocable, and fully transferable, assignable and sub-licensable license to host, use modify, display, copy, reproduce, disclose, sell, translate, create derivative works of, distribute, and export any Content You submit, post, or display on or through the Service, in whole or in part, or to incorporate it in other works in any form, media, software or technology of any kind now known or hereafter developed or discovered for any purposes whatsoever. You agree that We may publish or otherwise disclose Your name in connection with Your Content. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the submitting, posting, or displaying of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
You acknowledge, consent, and agree that We may access, preserve, and disclose Your Account information and Your Content if We are required to do so by law or if We believe in good faith that such access, preservation, or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms of Use, (iii) respond to claims that any of Your Content violates the rights of third parties, or (iv) protect the rights, property, or personally safety of Company, its employees, partners, and agents or members of the public.
You expressly understand and agree that You are solely responsible for Your Content in connection with the Service and for all activity that occurs under Your Account, whether done so by You or any third person using Your Account. We will not be liable to You in any way for any Content You make available in connection with the Service including, but not limited to, any errors or omissions in Your Content, or for any loss or damage of any kind incurred as a result of Your Content. In addition, You hereby release Us from any and all claims, liens, demands, actions, or suits in connection with Your Content, including, without limitation, any and all liability for any use or nonuse of Your Content, claims for defamation, invasion of privacy, right of publicity, emotional distress, economic loss, or any other damages or liabilities resulting from the reliance, use, or nonuse of Your Content by any third party or other user of the Service, whether online or offline.
Other Users and Third Party Content
We cannot vouch for the validity, accuracy, or credibility of any user provided Content, and You agree to use the Service at Your own risk. Through Your use of the Service, You may be exposed to Content that You may find offensive, objectionable, harmful, inaccurate, or deceptive. There may also be risks of dealing with underage persons, people acting under false pretenses, international trade issues and foreign nationals. We do not endorse Content posted or displayed by You or any other user or any opinion, recommendation, or advice expressed therein. By accessing or using the Service, You assume all associated risks and release Us from any and all liability, loss, or damage of any kind incurred as a result of Your use of any Content.
Third parties, including other users, may provide some Content in connection with the Service. We make no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any Content supplied by third parties and will We do not assume, and You expressly agree to release Us from, any liability for any lack of the foregoing or for any errors or omissions in any Content supplied by such third parties. In addition, third parties may offer opportunities, goods, services, and other materials to You in connection with the Service. Such dealings are solely between You and the third party, and We make no warranty concerning, are not responsible for, and do not endorse any third party provided opportunities, goods, services, or other materials. You hereby release Us from any loss or damage of any sort incurred as a result of any such dealings between You and these third parties.
Content Restrictions
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third person.
False information and features.
The Company reserves the right, but not the obligation to, and may from time to time, monitor any and all information transmitted or received in connection with the Service. You acknowledge and agree that We, at Our sole discretion and without notice to You, may review, censor, delete, move, edit, block access to or prohibit the transmission or receipt of any of Your Content or other information, in whole or in part, for any reason whatsoever.
Content Backups
Although regular backups of Your Content may be performed, the Company does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Your Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company may provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Your Content. But You acknowledge that the Company has no liability related to the integrity of Your Content or the failure to successfully restore Your Content to a usable state. You agree to maintain a complete and accurate copy of any of Your Content in a location independent of the Service.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of Our agent via email at info@hollyentertainment.com and include in Your notice a detailed description of the alleged infringement. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Our agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
Your address, telephone number, and email address.
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.
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.
You can contact Our agent via email at info@hollyentertainment.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged Content from the Service.
Intellectual Property
The Service and its original Content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. You acknowledge and agree that Company, and its licensors, retain all right, title, and interest in and to the Service and all past, present, and future original Content (including any Content or works derived, created, produced, or developed from Your Content), and all associated patent rights, copyrights, trademark rights, trade secret rights, and other intellectual property and proprietary rights recognized anywhere in the world.
The Service and its original Content are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company in its sole discretion.
All third party trademarks, logos, photographs, images, audio, and audio-visual content, programming, and other intellectual property contained on or within the Website in connection with the Service are the property of the respective third parties, including other users of the Service, and may be protected by applicable copyright, trademark, or other intellectual property laws. Each such third party expressly reserves all rights into such intellectual property. Use of third party software or services is subject to the terms and conditions of the applicable third party license agreements, and You agree to look solely to the applicable third party and not to Us to enforce any of Your rights in relation thereto.
Your Feedback to Us
You assign all rights, title and interest in any feedback, innovations or suggestions sent by You regarding the attributes, performance or features of Our Service (collectively, “Feedback”). If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the Content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and its owners, parents, subsidiaries, affiliates, directors, officers, manager, members, agents, employees, joint venturers, licensors, suppliers, vendors, distributors, advertisers, and other contracting parties (collectively, “Affiliates”) under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service, or if You have not paid Company for the use of the Service, the amount of $25.00 or its equivalent.
To the maximum extent permitted by applicable law, in no event shall the Company or its Affiliates be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), arising out of or relating to the use or inability to use the Service, or the conduct of You or any third party (including other users of the Service) in connection with the use of the Service, even if the Company or any Affiliates has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on You or any third party following the information offered or provided by the Service.
INDEMNITY
You agree to and shall defend, indemnify and hold harmless Company and its Affiliates from and against any and all claims, losses, expenses, including reasonable legal fees or demands of liability, including reasonable attorneys’ fees and costs incurred by Company and its Affiliates in connection with any claim by a third party or another user of the Service (including an intellectual property claim) arising out of (i) Your Content submitted, posted, or transmitted by the Service, or (ii) use of the Service by You in violation of these Terms or in violation of any applicable law. You further agree that You will cooperate as reasonably required in the defense of such claims. Company and its Affiliates reserves the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and You shall not, in any event, settle any claim or matter without the written consent of Company. You further agree to hold harmless Company and its Affiliates from any claim arising from a third party’s use of Your Content.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor its Affiliates nor any of the Company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, Content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or Content provided through the Service; or (iv) that the Service, its servers, the Content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the State of California shall govern these Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. Any dispute that arises out of or related to the Service or these Terms shall be resolved in court in Los Angeles County, California and the parties expressly submit to the jurisdiction of said court. If You have any concern or dispute about the Service or these Terms, You agree to first try to resolve the dispute informally by contacting the Company.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, Our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms may have been translated if We have made them available to You on Our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms
We reserve the right to modify or replace these Terms at any time in Our sole discretion. We do not undertake to provide You with personal notice of any changes. In the event of material changes, We will provide notice by means that are reasonable under the circumstances, such as by posting a notice on the Website and/or updating the “Last updated” date at the top of these Terms. You are advised to review these Terms periodically for any changes. All changes to these Terms are effective immediately when We post them and apply to all access to and use of Our Service. Your continued use of the Service following the posting of changes to these Terms means You accept those changes and agree to be bound by the revised terms.
Contact Us
If You have any questions about these Terms, please email Us at info@hollyentertainment.com or You may contact Us by mail at:
The Audition, Inc.
3415 S Sepulveda Blvd Ste 1000
Los Angeles, CA 90034
Electronic Communications
You consent to receive communications from Company electronically. We will communicate with You by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in “writing.” Notice will be deemed given immediately after it is posted on the Website or when sent (with confirmation of receipt), if sent by email. Alternatively, Company may still decide to provide notice by certified mail to the address provided by You.