Last Modified: 12/12/2020
SCOPE OF THIS POLICY
Those terms are to be read in conjunction with this policy.
Please keep in mind that Heart Of Hollywood Cinema does not have a third-party site or platform (for example, via our applications), the information you provide will not be separately collected by the third-party site or platform.
WHO WE ARE
A division of Heart Of Hollywood Motion Pictures LLC which includes many different brands, will be the data controller for your information. The list of relevant data controller(s) can be found here.
TYPES OF INFORMATION WE COLLECT
We collect two basic types of information- personal information (as defined in this policy) and anonymous information (as defined in this policy) - and we may use personal and anonymous information to create a third type of information, aggregate information (also defined in this policy). For example, we collect:
-Registration information you provide when you create an account, enter a promotion, or link your profile on a third-party site or platform with your registration account, such as your first name and surname, country of residence, gender, date of birth, email address, username, and password;
-Transaction information you provide when you request information, contact Guest Services, or purchase a product or service from us, such as your postal address, telephone number, and payment information;
-Information sent either one-to-one or within a limited group using our message, chat, post, or similar functionality, where we are permitted by applicable law to collect this information;
-Information we obtain from third party, such as a site or platform provider, about use of our applications on third-party platforms or devices;
-Location information, including location information provided by a mobile or other device interacting with one of our sites or application (including through beacon technologies), or associated with your IP address, where we are permitted by law to process this information;
-Activity information about your use, and the use by any person(s) you authorize through your account, of our sites and applications, such as the content you view or post, how often you use our services, and your preferences; and
-Usage, viewing, technical, and device data when you visit our sites, use our applications on third-party sites or platforms, or open emails we send, including your browser or device type, unique device identifier, and IP address.
HOW WE COLLECT YOUR INFORMATION
-We collect information you provide to us when you request or purchase products, services, or information from us, register with us (including when you link your profile on a third-party site or platform with your registration account), participate in public forums or other activities on our sites and applications, respond to guest surveys, or otherwise interact with us using one or more devices. You may provide information in a variety of ways, including by typing or using voice commands.
-We collect information through a variety of technologies, such as cookies, Flash cookies, pixels, tags, software development kits, application program interfaces, and Web beacons, including when you visit our sites and applications or use our applications on third-party sites or platforms using one or more devices, whether or not you are logged in or registered.Please visit Online Tracking Technologies and Advertising for further information, including Do Not Track and how to disable cookies and otherwise make choices with respect to such data collection.
-We collect information using analytics tools, including when you visit our sites and applications or usea our application on third-party sites or platforms.
-We acquire information from other trusted sources to update or supplement the information you provided or we collected automatically, such as when we validate postal address information using third party services. Applicable law may require that you authorize the third party to share your information with us before we can acquire it.
USE OF YOUR INFORMATION BY HEART OF HOLLYWOOD MOTION PICTURES LLC
The division of Heart Of Hollywood Cinema that is the data controller for your information is responsible for and may use your information for the purposes described in this policy. Other divisions of Heart Of Hollywood Motion Pictures may have access to your information where they perform services on behalf of the data controller(s) (as a data processor) and, unless prohibited under applicable law, for use in their own behalf (as a data controller) for the purposes described in this policy. Consistent with applicable collected from you, or from devices associated with yo , to:
-Provide you with the experiences, products, and services you request, view, engage with, or purchase;
-Communicate with you about your account or transactions with us and send you information or request feedback about features on our sites and applications or changes to our policies;
-Send you offers and promotions for our products and services or third party products and services;
-Personalize content and experiences;
-Provide you with targeted advertising based on your activity on our sites and applications and on third-party sites and applications;
-To learn more about how we use your information for personalization and tracking, please visit Online Tracking Technologies and Advertising.
-Operate, understand, optimize, develop, or improve our sites, applications, products, services and operations, including by using guest survey research and analytics tools; and
-Detect, investigate and prevent activities that may violate our policies or be illegal.
SHARING YOUR INFORMATION WITH OTHER ENTITIES
-We will not share your personal information with a third party outside Heart Of Hollywood Motion Pictures except in limited circumstances, including:
-When you allow us to share your personal information with another company, such as:
-Electing to share your personal information with carefully selected companies so that they can send you offers and promotions about their products and services; and
-Directing us to share your personal information with third-party sites our platforms, such as social networking sites.
-Please note that once we share your personal information with another company, the information received by the other company is controlled by that company and becomes subject to the other company is controlled by that company's privacy practices.
-When companies perform services on our behalf, like package delivery, marketing and advertising, and customer service; however, these companies are prohibited from using your personal information for purposes other than those requested by us or required by law; and
YOUR CONTROLS AND CHOICES
We provide you the ability to exercise certain controls and choices regarding our collection, use and sharing of your information. In accordance with applicable law, your controls and choices may include:
-Correcting, updating, and deleting your registration account (Logout);
-Choosing or changing your choices for subscriptions, newsletters, and alerts;
-Choosing whether to receive from us offers and promotions for our products and services, or products and services that we think may be of interest to you;
-Choosing whether we share your personal information with other companies so they can send you offers and promotions about their products and services;
-Controlling targeted advertising from many ad networks and partners; data exchanges; and marketing analytics and digital advertising and marketing service providers (by visiting the Digital Advertising Alliance);
-Choosing to control targeted advertising you receive within applications by using the settings and choices made available to you through your device(s), for example, by re-setting you divides advertising identifier and/or opting out of interest based ads;
-Requesting removal of your personal information from a public forum on one of our sites or application; and
-Requesting access to the personal information we hold about you and that we amend or delete it.
You may exercise these controls and choices in various ways, including by visiting Communication Support by contacting email@example.com
Please be aware that if you do not allow us to collect personal information from you, we may not be able to deliver certain experiences, products, and services to you, and some of our services may not be able to take account of your interests and preferences. If collection of personal information is mandatory, we will make that clear at the point of collection so that you can make an informed decision whether to participate.If you have questions about the specific personal information about you that we process or retain, and your rights regarding that personal information, please contact firstname.lastname@example.org or call (323) 204 - 3133.
We recognize the need to provide further privacy protections with respect to personal information we may collect from children on our sites and applications. Some of the features on our sites and applications are age-gated so that they are not available for use by children, and we do not knowingly collect personal information from children in connection with those features. When we intend to collect personal information from children, we take additional steps to protect children's privacy, including:
-Notifying parents about our information practices with regard to children, including the types of personal information we may collect from children, the uses to which we may put that information, and whether and with whom we may shera that information;
-In accordance with applicable law, and our practices, obtaining consent from parents for the collection of personal information from their children, or for sending information about our products and services directly to their children;
-Limiting our collection of personal information from children to no more than is reasonably necessary to participate in an online activity; and
-Giving parents access or the ability to request access to personal information we have collected from their children and the ability to request that the personal information be changed or deleted.
DATA SECURITY, INTEGRITY, AND RETENTION
DATA TRANSFERS, STORAGE, AND PROCESSING GLOBALLY
COMMENTS AND QUESTIONS
Heart Of Hollywood Motion Pictures - Subscriber Agreement
Updated: Dec 16, 2020
Heart Of Hollywood Motion Pictures LLC (HOHMP LLC) and a Heart Of Hollywood Cinema (HOHC) Division of Heart Of Hollywood Motion Pictures LLC (collectively,"we", "us" "our") welcome you to Heart Of Hollywood Cinema Streaming Service. The Heart Of Hollywood Cinema website, application and associated content and services. Heart Of Hollywood Cinema includes the website, application and associated content and services.
Please read this subscriber agreement ("subscriber agreement", or "agreement") carefully before using Heart Of Hollywood Motion Pictures or Heart Of Hollywood Cinema Service. This agreement will govern your use of Heart Of Hollywood Motion Pictures LLC and Heart Of Hollywood Cinema services.
You agree to the Subscriber Agreement by clicking 'Agree & Continue" or other industry standard mechanism during the Heart Of Hollywood Motion Pictures LLC and/or Heart Of Hollywood Cinema registration process and ratify your agreement when you use any aspect of the Heart Of Hollywood Motion Pictures LLC and Heart Of Hollywood Cinema Services. If you do not agree to the Subscriber Agreement, you may not use Heart Of Hollywood Motion Pictures LLC and Heart Of Hollywood Cinema Services. We may amend this Agreement. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on Heart Of Hollywood Motion Pictures LLC and Heart Of Hollywood Cinema. If you do not agree to any change to the Subscriber Agreement, you must discontinue using Heart Of Hollywood Motion Pictures and Heart Of Hollywood Cinema Services. Our customer service representatives are not authorized to modify any provision of the Subscriber Agreement, either verbally or in writing.
Any dispute between you and us, except for small claims, is subject to a class action waiver and must be resolved by individual binding arbitration. please read the arbitration provision in this agreement as it affects your rights under this contract.
List of Sections
1. User Eligibility and Registration
2. Subscription Terms
3. Copyright License Grant and Restrictions
4. Usage Terms
5. Use and Sharing of Certain Information
6. Suspension and Termination
7. Binding Arbitration and Class Action Waiver
8. Additional Provisions
1. USER ELIGIBILITY AND REGISTRATION
a. Eligibility and Age Limitations. Only residents of the countries where we offer the Heart Of Hollywood Motion Pictures LLC and Heart Of Hollywood Cinema Services (collectively, the "Territory") are eligible to register for Heart Of Hollywood Motion Pictures LLC and Heart Of Hollywood Cinema Services account. This Subscriber Agreement governs for residents of the United States and all U.S. territories. You must be 18 years of age, or the age of majority in your state or territory of residence, to purchase Heart Of Hollywood Motion Pictures LLC and Heart Of Hollywood Cinema Services.
Heart Of Hollywood Motion Pictures LLC and Heart Of Hollywood Cinema Streaming Platform are provided to individuals for their personal, noncommercial use only. Companies, associations and other groups may not register for a Heart Of Hollywood Motion Pictures LLC and Heart Of Hollywood Cinema Streaming Services account or use Heart Of Hollywood Motion Pictures LLC and Heart Of Hollywood Cinema Streaming Services. Individuals under the age of 13 are not eligible for a Heart Of Hollywood Motion Pictures LLC and Heart Of Hollywood Cinema account and are not permitted to provide personal information to Heart Of Hollywood Motion Pictures LLC and Heart Of Hollywood Cinema.
b. Registration. Only individuals that have registered for Heart Of Hollywood Motion Pictures LLC and Heart Of Hollywood Cinema account, provide certain information (e.g., a valid email address), and agree to the Subscriber Agreement are eligible to use Heart Of Hollywood Motion Pictures LLC and Heart Of Hollywood Cinema. You are solely responsible for maintaining the confidentiality and security of your username and password and for all activities that occur on or through your Heart Of Hollywood Motion Pictures LLC and Heart Of Hollywood Cinema accounts. However, if you allow others to access your Heart Of Hollywood Motion Pictures LLC and Heart Of Hollywood Cinema account, this Agreement, as well any specific consents you may have provided, also applies to their access, use, and disclosure of information. You agree to immediately notify Heart Of Hollywood Motion Pictures LLC and Heart Of Hollywood Cinema
of any unauthorized access to your Heart Of Hollywood Motion Pictures LLC and Heart Of Hollywood Cinema account. Heart Of Hollywood Motion Pictures LLC and Heart Of Hollywood Cinema will not be responsible for any losses arising from the unauthorized use of your Heart Of Hollywood Motion Pictures LLC and Heart Of Hollywood Cinema accounts.
c. Notices. Heart Of Hollywood Motion Pictures LLC and Heart Of Hollywood Cinema delivers to you may be made as follows: (i) by email to the last email address provided by you or (ii) by posting a notice on the Heart Of Hollywood Motion Pictures LLC and Heart Of Hollywood Cinema streaming Service. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person's username, password or other account information, or another person's name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.
2. SUBSCRIPTION TERMS
a. Subscription and Auto-Renewal. Your subscription to the Heart Of Hollywood Cinema Streaming platform does not include enrollment into an ongoing/recurring payment plan.
If you do not wish to accept a price of your subscription, you may cancel your subscription at any time. You are responsible for all third-party Internet access charges and taxes in connection with your use of the Heart Of Hollywood Cinema Streaming Platform. Please check with your Internet provider for information on possible Internet data usage charges.
b. Free Trials. Your Heart Of Hollywood Motion Pictures LLC and Heart Of Hollywood Cinema
may begin with a free trial. Availability of a free trial is not guaranteed and, if one is available, is only available on the specified terms of the free trial to those who have not previously used one for Heart Of Hollywood Cinema Streaming Services.
Your first payment will be charged to your chosen payment method immediately following the free trial, unless cancelled in accordance with the instructions for cancellation below. You can cancel your subscription at any time before the end of your free trial. We provide notice of the terms of the free trial at the time you register and you will not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun.
c. Cancellation and Refund Policy. You can cancel your subscription at any time before the end of the current billing period or free trial. Cancellation will take effect at the end of the current billing period. To cancel your Heart Of Hollywood Cinema subscription. You may cancel your Heart Of Hollywood Cinema subscription, by logging in to your account on www.heartofhollywoodcinema.com, emailing US at support@email@example.com, or calling customer support at (323) 204 - 3133. We do not refund or credit for partially used billing periods. We do not have third party subscriptions at this time.
1 . Eligibility Criteria. Heart Of Hollywood Cinema is only available to residents of the United States and certain U.S. territories and who are 18 years of age (or the age of majority in your state or territory of residence). Heart Of Hollywood Cinema subscription pla.
If you have questions or need assistance, please contact Heart Of Hollywood Cinema
customer service (323) 204 - 3133 or email; firstname.lastname@example.org
Heart Of Hollywood Cinema may also offer one-time pay per view events. You will be
charged for pay per view events at the time of purchase to your chosen payment method.
3. COPYRIGHT LICENSE GRANT AND RESTRICTIONS
a. License. Within the Territory and subject to the terms and conditions in this Subscriber Agreement, Heart Of Hollywood Cinema grants you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to do the following:
i. Install and make non-commercial, personal use of the
Heart Of Hollywood Cinema Streaming Services; and
ii. stream or temporarily download copyrighted materials, including but not limited to movies, television shows, other entertainment or informational programming, trailers, bonus materials, images, and artwork (Heart Of Hollywood Motion Pictures and Heart Of Hollywood Cinema) that are available to you from the Heart Of Hollywood Cinema.
This is a license agreement and not an agreement for sale or assignment of any rights in the Heart Of Hollywood Cinema Streaming Service. The purchase of a license to stream or temporarily download any Heart Of Hollywood Cinema Content does not create an ownership interest in the Heart Of Hollywood Cinema Content. Such Heart Of Hollywood Cinema
Content, including the copyrights, trademarks, service marks, trade names, trade dress and other intellectual property rights in the Heart Of Hollywood Cinema Content, are owned by Heart Of Hollywood Motion Pictures LLC and Heart Of Hollywood Cinema Division, its affiliates and/or other licensors, and is protected by the copyright laws of the United States, as well as other intellectual property laws and treaties.
b. Restrictions on Your Use Heart Of Hollywood Cinema Content. You agree that as a condition of your license, you may not and agree not to:
i. circumvent or disable any content protection system or digital rights management technology used in connection with the Heart Of Hollywood Cinema Service to control access to the Heart Of Hollywood Cinema Content;
ii. copy the Heart Of Hollywood Cinema Content (except as expressly permitted by this Subscriber Agreement);
iii. rebroadcast, transmit or perform the Heart Of Hollywood Cinema
Content available via Heart Of Hollywood Cinema;
iv. create derivative works of the Heart Of Hollywood Cinema Content; or
v. allow third parties to violate the above restrictions.
c. Restrictions on Your Use of the Heart Of Hollywood Cinema Streaming Platform
Service. You agree that as a condition of your license, you may not and agree not to:
i. move, decompile, reverse-engineer, disassemble, or otherwise reduce to human-readable form the Heart Of Hollywood Cinema and/or the video player(s), underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the video player(s);
ii. modify the Heart Of Hollywood Cinema, including, but not limited to, by removing identification, copyright or other proprietary notices from the Heart Of Hollywood Cinema
iii. access or use the Heart Of Hollywood Cinema in a manner that suggests an association with our products, services or brands;
iv. use the Heart Of Hollywood Cinema for any commercial or business related use or in any commercial establishment or area open to the public (e.g., lobby, bar, restaurant, diner, stadium, casino, club, cafe, theater, etc.) or build a business utilizing the Heart Of Hollywood Cinema content, whether or not for profit;
v. create derivative works of any Heart Of Hollywood Cinema owned components of the Heart Of Hollywood Cinema, any updates, or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law;
vi. bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Heart Of Hollywood Cinema content;
vii. access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Heart Of Hollywood Cinema using a robot, spider, scraper or other automated means or manual process without our express written permission;
viii. damage, disable, overburden or impair the Heart Of Hollywood Cinema;
ix. use the Heart Of Hollywood Cinema in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Subscriber Agreement;
x. share your login credentials with third parties; or
xi. otherwise allow third parties to violate the above restrictions.
d. Violations. Any attempt to perform any of the restrictions listed in Sections 3(b) and 3(c) above is a violation of the rights of Heart Of Hollywood Cinema, and the copyright holder.
4. USAGE TERMS
a. Heart Of Hollywood Cinema Compatible Devices. Use of the Heart Of Hollywood Cinema
requires compatible devices, and certain software may require periodic updates,
and your use of the Heart Of Hollywood Cinema may be affected by the performance of these elements. You can access Heart Of Hollywood Cinema Content with almost any Internet-connected computer or through the Heart Of Hollywood Cinema application available for certain mobile or other devices (Internet connection required) (each, a "Compatible Device"). For specifics concerning supported devices, operating systems, web browsers and optimal streaming support please visit our Help Center. You can add a Compatible Device to your Heart Of Hollywood Cinema accounts by downloading the Heart Of Hollywood Cinema application(s) to the Compatible Device and by signing into your Heart Of Hollywood Cinema account(s) through the application.
b. Internet Connection. You must have a high speed Internet connection in order to access and use certain aspects of the Heart Of Hollywood Cinema Service.
c. Heart Of Hollywood Cinema Content can be streamed over an active Internet connection. Up to three (3) concurrent streams are allowed for each Heart Of Hollywood Cinema account at any time. The number of concurrent streams available for use may change from time to time at our discretion.
d. At this moment we do not have available Downloading Content at Heart Of Hollywood Cinema. Heart Of Hollywood Cinema.
e. Profiles. Heart Of Hollywood Cinema offers the option to personalize use of the Heart Of Hollywood Cinema through the creation of one or more profiles under one account. You may designate a profile as a Kid profile, which will restrict viewing of certain Heart Of Hollywood Cinema Content from within that profile. Please visit our Help Center if you would like more information about Kid profiles.
f. Heart Of Hollywood Cinema Content Availability. Certain Heart Of Hollywood Cinema Content available through the Heart Of Hollywood Cinema subscription may not be available in all countries or territories within the Territory. Geographic restrictions will be enforced according to the location from which you are accessing the Heart Of Hollywood Cinema, and we may use different technologies and methods to verify your geographic location
We will do our best to let you know of any of these changes, usage rules and restrictions, but you acknowledge that we may do so at our sole discretion at any time without notice. You also agree that we will not be liable to you for any modification, suspension or discontinuance of the Heart Of Hollywood Cinema, although if you are a subscriber and we suspend or discontinue your subscription to the Heart Of Hollywood Cinema, we may, in our sole discretion, provide you with a credit, refund, discount or other form of consideration. However, if we terminate your account or suspend or discontinue your access to the Heart Of Hollywood Cinema due to your violation of the Subscriber Agreement, then you will not be eligible for any such credit, refund, discount or other consideration.
i. Promotional and Experimental Features. In our continued assessment of the Heart Of Hollywood Cinema, we may from time to time, with respect to any or all of our users, experiment or otherwise offer certain features or other elements of the Heart Of Hollywood Cinema, including promotional features, user interfaces, plans and pricing. Your use of any updates, modifications to, or replacement versions of Heart Of Hollywood Cinema shall be governed by this Subscriber Agreement and any additional terms you agree to when you install such update, modification, or replacement version.
5. USE AND SHARING OF CERTAIN INFORMATION
Heart Of Hollywood Cinema reserves the right to, and you agree that Heart Of Hollywood Cinema may, release your details to system administrators at other sites and to law enforcement agencies in order to assist them in resolving security incidents and violations of law.
6. SUSPENSION AND TERMINATION
You agree that Heart Of Hollywood Cinema may, in its sole discretion and without notice or liability to you, restrict, suspend, or terminate your access to part or all of the Heart Of Hollywood Cinema Content believes you are using or have used the Heart Of Hollywood Cinema in violation of the Subscriber Agreement or applicable law or regulations or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto.
Without limiting the foregoing, Heart Of Hollywood Cinema may restrict or suspend your access to your Heart Of Hollywood Cinema account(s) for cause and upon reasonable notice to you, which may be communicated electronically, which cause includes but is not limited to (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if Heart Of Hollywood Cinema reasonably believes that your Heart Of Hollywood Cinema account has been created fraudulently, your Heart Of Hollywood Cinema
account has been accessed fraudulently, or anyone uses your Heart Of Hollywood Cinema
account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto. Heart Of Hollywood Cinema also reserves the right, after notice to you, to terminate any Heart Of Hollywood Cinema account that remains inactive for one year (failure to log in to your Heart Of Hollywood Cinema account will constitute inactivity for purposes of this Agreement).
You agree that Heart Of Hollywood Cinema will not be liable to you or to any third party for any such restriction, suspension, or termination of your access to your Heart Of Hollywood Cinema
account or content.
Upon termination of your Heart Of Hollywood Cinema account, whether terminated by Heart Of Hollywood Cinema, or at your request (other than a cancellation of your subscription, in which case your subscription will continue to the end of the billing period), you will immediately lose the right to access streamed content through the Heart Of Hollywood Cinema and within a limited period will lose the right to view Heart Of Hollywood Cinema content downloaded within the Heart Of Hollywood Cinema.
7. BINDING ARBITRATION AND CLASS ACTION WAIVER
Proceeding to resolve or litigate a dispute in any forum will be conducted on an individual basis. Neither you nor Heart Of Hollywood Cinema will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.
You and Heart Of Hollywood Cinema agree to arbitrate, as provided below, all disputes between you (including any related disputes involving Heart Of Hollywood Motion Pictures LLC and it’s Division Heart Of Hollywood Cinema or its affiliates), that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. "Dispute" includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and us concerning the Heart Of Hollywood Cinema, or this Agreement, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and
Heart Of Hollywood Cinema empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of this Subscriber Agreement are void or voidable.
a. In the event of a dispute, you or Heart Of Hollywood Cinema must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute with Heart Of Hollywood Motion Pictures LLC and Heart Of Hollywood Cinema. PO Box 5953 Beverly Hills,CA 90209, United States
p: (323) 204 - 3133 - m: (323) 705 - 2111 Legal. We will send any notice of dispute to you at the contact information we have for you. You and Heart Of Hollywood Cinema will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, you or we may commence an arbitration proceeding. You may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
b. If you, Heart Of Hollywood Cinema do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. You are giving up the right to litigate a dispute in court before a judge or jury.
You and Heart Of Hollywood Cinema agree to submit to the exclusive jurisdiction of the federal or state courts located in Los Angeles, California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
In accordance with the arbitration (either you or Heart Of Hollywood Cinema) is responsible for paying the filing fee.
8. ADDITIONAL PROVISIONS
a. You understand and agree that the Heart Of Hollywood Cinema Content you receive through the Heart Of Hollywood Cinema is intended for informational and entertainment purposes only; it does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
b. Content Subjectivity. Heart Of Hollywood Cinema Content tends to elicit varying reactions among different people. You may come across Heart Of Hollywood Cinema Content that you find offensive, indecent, explicit or objectionable. Also, content ratings, types, genres, categories, and/or descriptions are provided as suggestions to help with navigation and for informational purposes. We do not guarantee that you will agree with them. You acknowledge these risks and your responsibility for making your own choices regarding what Heart Of Hollywood Cinema Content is appropriate for your family.
c. Photosensitivities. Heart Of Hollywood Cinema Content may contain some flashing lights sequences or patterns which may affect users who are susceptible to photosensitive epilepsy or other photosensitivities. Additionally, 4K UHD HDR content versions enable greater brightness
and color saturation which may also affect users.
d. Content Quality. We use various technologies to provide you with an optimal viewing experience. For example, HD quality IS available for certain Heart Of Hollywood Cinema
Content and 4K Ultra HD quality is available for certain Heart Of Hollywood Cinema
Content. That said, the playback quality of Heart Of Hollywood Cinema Content, including resolution, may be affected by the format of the Heart Of Hollywood Cinema Content, your location, the speed, bandwidth and specific terms of your Internet service, and the devices used, among other factors. The time it takes you to begin viewing Heart Of Hollywood Cinema
Content will vary based on a number of factors, including your location, Internet bandwidth, the number of devices simultaneously connecting to the same network, the Heart Of Hollywood Cinema Content you have selected, and the configuration of the device you are using. As a result, we are unable to make any warranties about the Heart Of Hollywood Cinema
Content in these respects.
d. Mobile Networks. When you access the Heart Of Hollywood Cinema through a mobile network, your network or roaming provider's messaging, data and other rates and fees will apply. Downloading, installing or using the Heart Of Hollywood Cinema may be prohibited or restricted by your network provider and the Heart Of Hollywood Cinema may not work with your network provider or device.
f. Submissions and Unsolicited Ideas Policies. Our policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us, whether or not solicited by us, you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type. Heart Of Hollywood Cinema does not claim ownership over any ideas, suggestions, or other materials submitted; however, as to such materials, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, display, create derivative works, or otherwise exploit them for any purpose without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
Heart Of Hollywood Motion Pictures LLC
PO Box 5953
Beverly Hills, CA 90209, United States
p: (323) 204 - 3133
g. Disclaimers of warranty; liability limitation. You acknowledge and agree to the essential condition that the Heart Of Hollywood Cinema content is provided “As is” and without warranties of any kind. To the fullest extent permitted by law, Heart Of Hollywood Cinema, and their affiliates, licensors, agents, and service providers (collectively, the Heart Of Hollywood Cinema parties”) each expressly disclaims any warranties and conditions, express, implied, or statutory, including but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, availability, security, compatibility, satisfactory quality and noninfringement, and their equivalents under the laws of any jurisdiction. You also acknowledge and agree that the Heart Of Hollywood Cinema parties do not warrant that the content and the Heart Of Hollywood Cinema Service will be without errors, viruses or other harmful components. The Heart Of Hollywood Cinema parties do not warrant or otherwise state that Heart Of Hollywood Cinema will meet your requirements. You and not the Heart Of Hollywood Cinema parties assume the entire cost of all necessary servicing, repair or correction occasioned by use of the Heart Of Hollywood Cinema content and the Heart Of Hollywood Cinema. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
To the extent not prohibited by applicable law, in no event shall the Heart Of Hollywood Cinema
parties be liable for any personal injury, or any indirect, special, incidental or consequential damages of any kind, including lost profits and property damage, even if we were advised of the possibility of such damages, that result from the use of or inability to use the Heart Of Hollywood Cinema content or the Heart Of Hollywood Cinema, however caused. Nor shall we be held liable for delay or failure in performance resulting from causes beyond our reasonable control. in no event shall our total liability to you for all damages, losses and causes of action exceed one thousand u.s. dollars (US $1,000). The liability limitations in this section apply under any legal theory (tort, contract, breach of warranty, strict liability or otherwise) even if the Heart Of Hollywood Cinema have been advised of the possibility of such damages. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
j. Choice of Forum. You agree that any action at law or in equity arising out of or relating to this Agreement that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the borough in Los Angeles CA, United States of America and you consent and submit to the personal jurisdiction of such courts for the
purposes of litigating such action.
k. Choice of Law. This Agreement is governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any conflict of law principles.
I. Severability. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
m. Survival. The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination.
n. Entire Agreement. This Subscriber Agreement and the provisions referenced herein, constitute the entire agreement between you and Heart Of Hollywood Cinema pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of the Subscriber Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver unless
otherwise expressly provided.
CALIFORNIA RESIDENT´S RIGHTS
Notice to California Residents: If you are a California resident, you may have certain additional rights. California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by certain members of The Walt Disney Family of Companies to third parties for the third parties´ direct marketing purposes. California Business and Professions Code Section 22581 permits registered users who are minors to request and obtain deletion of certain posted content. The California Consumer Privacy Act, California Civil Code 1798.100, et seq., requires transparency regarding data practices and permits you to request,among other things, access to and deletion of your personal information, and requires that we provide you control over certain data transfers deemed under the law to be a “sale.” Visit our Your California Privacy Rights page for more information. Please visit this link for more information.