HollywoodPlayer

Exponential Entertainment Terms of Service

Last Updated: 2013-6-20

Welcome to Exponential Entertainment, Inc. and our mobile and online interactive entertainment services, including HollywoodPlayer® and Movie Pong®, or related services ("Services"). By accessing or using any of our Services online, through a mobile device, or through a third party service such as Facebook, Inc., you agree to following Terms of Service. If you do not agree to the following Terms of Service, do not use or register for the Services.

Exponential Entertainment, Inc. ("Exponential," "we" or "us"), with offices at 1008 Western Ave., Suite 507, Seattle, Washington, U.S.A. 98104. reserves the right to modify or replace these Terms of Service at any time and in Exponential's sole discretion. Exponential will indicate at the top of these Terms of Service the date such document was last updated. Any changes will be effective immediately upon posting by Exponential (or such later effective date as may be indicated at the top of the revised Terms of Service). Your continued use of the Services following the posting of any changes to these Terms of Service constitutes your acceptance of such changes. If you do not agree to the changes, you must stop using the Services. In addition, Exponential may provide other methods by which you may accept these Terms of Service or changes to these Terms of Service.

Privacy Policy

By (a) visiting or using any website operated by Exponential; (b) accessing, activating or using the Services; or (c) creating an account (whether through Exponential, HollywoodPlayer, Movie Pong, or a third party such as Facebook, Inc.), you agree to be bound by this agreement and agree to our collection, use and storage of certain personal information about you as outlined in our Privacy Policy. By using the Services you are consenting to have your personal data transferred, processed and stored in the United States. In addition, in order to access the Services, you may be required or permitted to connect to the Service through a Facebook account or other third party account. Any actions you take while on Facebook or such other third party's site and any information you share with Facebook or such other third party will be subject to Facebook's or the other third party's Terms of Use Agreement and Privacy Policy.

Description of Service

The Services are interactive entertainment services that enables users to play casual games that feature memorable moments from their favorite movies and (the "Games").

Registration and Registration Data; Account Security

In order to participate in or receive certain portions of the Service you will be required to create an account with us ("Account"). Registering for an Account allows you to accumulate Game points and credits, to participate in Sweepstakes and win prizes, to support charities through the Services, participate in forums and other community activities and participate in social aspects of the Games including random, email or Facebook challenges. Different services we offer, such as HollywoodPlayer and MoviePong, may require separate account registrations. You may also be required to maintain an account with the third party social networking site (such as Facebook, Inc.) through which you access the Services or with the applications provider for your supported mobile phone or device. You may control certain aspects of how you interact with the Services by changing your settings and/or the social networking site through which you access the Service.

You agree to provide accurate, current and complete information about you as may be requested by any registration forms on the Site ("Registration Data") and to maintain the security of your username and password. You agree to maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete. You understand that any person with your username and password will be able to access and use your Account. You are responsible for maintaining the confidentiality of, and restricting access to, your Account and password and you accept all risks of unauthorized access to your Account and all activities that occur under your Account or password. Exponential reserves the right to refuse registration, or to refuse or limit access to the Services, to anyone in its sole discretion for any reason or no reason. You will promptly notify us if you discover or otherwise suspect any security breaches related to the Site by sending an email to support@moviepong.me.

  1. Your Representations to Us. YOU REPRESENT AND WARRANT TO US THAT (A) YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) YOU ARE AT LEAST 13 YEARS OF AGE; AND (C) YOU ARE OF SUFFICIENT LEGAL AGE OR OTHERWISE HAVE LEGAL CAPACITY TO LEGALLY ENTER INTO THIS AGREEMENT.
  2. HollywoodPlayer
    1. Game Points and Hollywood Credits. Game points can be accumulated through playing Games through the Services or linked to friends through Facebook or other third party services. Game points represent your Game score and are based on your performance. Game points are not owned by you, have no monetary value and cannot be transferred. Hollywood Credits are Exponential's promotional virtual currency, which can be used for special redemption purposes. Hollywood Credits can be accumulated through playing Games and participating in other activities available through the Services. The amount of Hollywood Credits you receive for playing a Game is based on an algorithm that calculates your Game performance against the rest of the community's performance. Hollywood Credits can only be used for Exponential offerings, such as being redeemed for tickets to enter daily or weekly sweepstakes promotions offered by Exponential or to have Exponential make contributions to charities. Hollywood Credits are not owned by you, have no monetary value and cannot be transferred. Upon termination of your Account or the Hollywood Credits program, you will no longer be able to use Hollywood Credits. Exponential may terminate the Hollywood Credits program at any time, with or without notice to you.
    2. Sweepstakes and Contests. Your participation in any sweepstakes promotion made available to you through the Services is subject to the terms and conditions in the official rules of the promotion and your compliance with these Game Points and Hollywood Credits. Click on the following links to review the official rules for the Exponential Daily Sweepstakes and the Exponential Weekly Sweepstakes.
  3. Acceptable Use

You acknowledge and agree that by accessing or using the Services, you may encounter content that may be deemed mature, offensive, indecent, objectionable or inappropriate for children, which content may or may not be identified as having explicit language or adult themes, and which in certain circumstances may result from your interactions with other users or members in the course of accessing or using the Services.

As a condition of using the Services, you agree not to do any of the following:

Service Requirements; Your Responsibility for Third Party Fees

If you are accessing the Services through a mobile device such as a smartphone or tablet, you will need telecommunications access to a mobile phone compatible with the Services. You will also be responsible, at your expense, for all telecommunications access, data access and transfer, and telephone service required to access or participate in the Services and all related third-party service fees (including ISP charges). Certain messaging, service and other standard fees and charges may be applied by your carrier. Please check your plan with your carrier to ensure that you are aware of any applicable fees and charges. Exponential is not responsible for any expenses incurred by you while accessing or using the Services.

Your Interaction with Other Members

You are solely responsible for your interactions with other users and members, whether directly through the services or accessed through third party sites such as Facebook. You understand and agree that we reserve the right, but have no obligation, to screen our users or members; inquire into the backgrounds of our users or members; or attempt to verify the statements of our users or members. Please also use caution, common sense and safety when using the services to interact with other users and members. We reserve the right, but have no obligation, to monitor disputes between you and other users or members or to terminate or block you and other users or members for violations of these Terms of Service.

Copyright and Limited License to Site and Site Materials

The Services and all the content and materials available through the Services, including without limitation any Exponential and third party logos and all games, gameplay, videos, animations, music, sounds, text, graphics, images, information and other content (collectively, "Site Materials"), are the proprietary property of Exponential or its licensors or users. You are granted a limited, nonexclusive license (without the right to sublicense) to access and use the Services and Site Materials for your personal use only. Such license is subject to these Terms of Service and excludes: (a) any resale of the Services or any Site Materials; (b) any distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Services or any Site Materials; (d) use of any data mining, robots or similar data gathering or extraction, automated account registration, or account utilization methods; (e) downloading (other than the page caching) of any portion of the Services, the Site Materials or any information contained therein; or (f) any use of the Services or any Site Materials other than for its intended purpose. Any use of the Services or Site Materials other than as specifically authorized herein is strictly prohibited and will terminate the foregoing license.

Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Exponential has adopted a policy of terminating, in appropriate circumstances and at Exponential's sole discretion, account holders who are deemed to be repeat infringers. Exponential may also at its sole discretion limit access to the Service or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that anything available through the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below. In order to notify us of a copyright infringement claim pursuant to the DMCA, you must provide:

Name of Agent Designated to Receive Notification of Claimed Infringement:
Dave Long, CEO

Full Address of Designated Agent to Which Notification Should be Sent:
Exponential Entertainment, Inc.
Attn: DMCA Notice
1008 Western Ave, Suite 507
Seattle, WA 98104

Telephone Number of Designated Agent: (206) 903-0815
Facsimile Number of Designated Agent: (206) 903-0721
E-Mail Address of Designated Agent: support@hollywoodplayer.com

Trademarks

Exponential Entertainment, Prop Master, JigScene, Movie Match-Up, Double Exposure, Well Connected, HollywoodPlayer, HotSpot, The Dailies, Movie Cubes, Ask the Stars, Hollywood Horoscopes, MoviePong, the Exponential Entertainment logos and any other product or service name or slogan contained in the Site are trademarks of Exponential and its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Exponential or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "HollywoodPlayer" or any other name, trademark or product or service name of Exponential without our prior written permission. In addition, the look and feel of the Services, including all page headers, graphics, button icons and scripts, is the service mark, trademark or trade dress of Exponential and its licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Exponential.

Framing and Hyperlinks

You are not authorized to link to the Site except in accordance with the conditions set forth in this paragraph. You are granted a limited, non-exclusive right to create and email or otherwise share a text hyperlink to the Site for the purpose of sharing your GameYourself games with others or for other noncommercial purposes, provided:

  1. the link points either to an Exponential page or to a specific GameYourself Game;
  2. such link does not portray Exponential or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner;
  3. you may not use an Exponential logo or other proprietary graphic of Exponential to link to the Services without the express written permission of Exponential;
  4. the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable;
  5. you may not frame any online or mobile rendition of the Services or utilize framing, inlining or similar techniques to enclose or alter the appearance of any Exponential content, trademark, logo or other proprietary information, including games or images found at the Site, without Exponential's written consent; and
  6. the link and the surrounding materials do not imply any affiliation or relationship between the linking site and Exponential or the Site.

This limited right may be revoked at any time.

Exponential makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Services or of Web sites linking to the Services. Such sites are not under the control of Exponential and Exponential is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Exponential provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Exponential of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.

Third Party Content

Exponential may provide third party content through the Services and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. Exponential does not monitor or have any control over any Third Party Content or third party Web sites. Exponential does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Exponential does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.

Advertisements and Promotions; Third-Party Products and Services

Exponential may run advertisements and promotions from third parties through the Services or may otherwise provide information about or links to third-party products or services. You acknowledge and agree that Exponential has no control over and is not responsible for the availability of these third-party products or services, and we do not endorse any advertising, products or other materials on or available from these third parties. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Exponential is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Exponential advertisers or third party information on the Site.

User Content

The Services may include games (including the GY Games), features, discussion forums or other interactive areas or services (the "Interactive Areas") in which you or other users post, upload, share or store photos, video, graphics, comments, messages, materials, data, information, text, music, sound, code or other content or items through the Services ("User Content"). You acknowledge and agree that your communications with other users or members via chats, conferences, bulletin boards, blogs, posts and any other publicly accessible avenues of communication through the Services are public and not private communications. Therefore, we strongly encourage you to use caution before disclosing any personal information about yourself in your public communications. You are solely responsible for the User Content you post and your use of such Interactive Areas, and you use such Interactive Areas at your own risk. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:

  1. User Content that is unlawful, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, pornographic, indecent, lewd, suggestive, harassing, harmful, abusive, tortious, threatening, degrading, discriminatory, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive, hateful, or racially, sexually, ethnically or otherwise objectionable;
  2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
  4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  5. Unsolicited promotions, political campaigning, advertising, solicitations or other commercial content and other forms of junk mail, bulk email, chin letters or spam;
  6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  7. Viruses, corrupted data or other harmful, disruptive or destructive files; and
  8. User Content that, in the sole judgment of Exponential, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Exponential or its users to any harm or liability of any type.

Exponential does not approve or endorse, and assumes no responsibility or liability for, any User Content posted, stored or uploaded by you or any third party, or any loss or damage thereto, nor is Exponential liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography , profanity or other objectionable content you may encounter. Your use of Interactive Areas is at your own risk, and you waive any claims you may have arising out of your exposure to any objectionable materials on the Site.

If you would like to notify us of content which you believe is in violation of these Terms of Service, you may do so by clicking the "Report Offensive Content" button on the End Game Screen or sending an email to feedback@hollywoodplayer.com for all complaints except for copyright infringement claims (which are addressed in Section 10 above). Please make sure to include both the Uniform Resource Locator ("URL") for the non-complying content and the reasons you believe it does not comply. Enforcement of the user content or conduct rules set forth in these Terms of Service is solely at Exponential's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.

As a provider of interactive services, Exponential is not liable for any statements, representations or User Content provided by its users. Although Exponential has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Exponential reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Exponential's systems and customers, or to ensure the integrity and operation of Exponential's business and systems, Exponential may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. By using this Services, you expressly consent to such disclosure.

You retain ownership of all User Content, except for Submissions as described below). However, if you post or submit User Content, unless we indicate otherwise, you grant Exponential and its affiliates, distributors and licensees a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content, and any portion thereof, throughout the world in any manner or media and for any purpose, including without limitation for purposes of promoting the Site and the Service. You grant Exponential and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.

You understand and agree that if you are not the copyright owner of any User Content you submit, you must obtain express permission from the copyright owner to use such content in the manner it will be used. For example, if you want to use a photograph taken by a professional photographer in a GY Game, you need to get the express permission of such photographer to do so. Similarly, you may not use still images or video clips of movies or TV shows unless you have received express permission from the copyright owner of such movie or TV show. In addition, if there are any recognizable third parties in any User Content you submit, you must obtain their permission before submitting such User Content. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site and grant the license granted herein; (b) the User Content is accurate and not misleading; and (c) the posting, publishing, distribution or other use of the User Content you supply does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity.

Storage of User Content

You agree that Exponential has no responsibility or liability for the deletion, loss or failure to store any User Content maintained or transmitted on or through this site. The accounts of our Users operate on shared resources. Excessive use or abuse of these shared network resources by one User may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited. You acknowledge that Exponential has the right, at our sole discretion, with or without notice, to terminate your account, delete User Content (and GY Games incorporating your User Content), limit the number of transmissions you may send or receive through our Site and limit the amount of storage space, bandwidth, or other resources you may use. You are solely responsible for making backup copies of any User Content you submit.

Submissions and Feedback

You agree that any questions, comments, suggestions, feedback, game ideas, plans, notes, postings, original or creative materials or other information, regarding Exponential, the Services or other offerings of Exponential or its affiliates that are provided by you in the form of email, web form, or other submissions to Exponential ("Submissions") are non-confidential and shall become the sole property of Exponential. You hereby assign all of your right, title and interest in and to such Submissions, including all intellectual property rights therein, to Exponential and Exponential shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Indemnification

You will defend and indemnify Exponential, its affiliates, licensors, licensees, distributors, suppliers, independent contractors and service providers, and each of their respective directors, officers, stockholders, employees and agents ("Exponential Parties"), from and against all claims, damages, costs, liabilities and expenses (including reasonable attorneys' fees) arising out of or related to any User Content you post, upload or store on the Site or in connection with the Service or to your use or misuse of, or inability to use, the Site, Service or Site Materials.

Warranty Disclaimers

THE SITE, SERVICE AND ALL SITE MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. THE EXPONENTIAL PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AS TO THE SERVICES AND SITE MATERIALS. THE EXPONENTIAL PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, NOR DO THEY REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Exponential.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY OF THE EXPONENTIAL PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS), WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE SERVICES (INCLUDING ANY SITE MATERIALS, USER CONTENT OR SUBMISSIONS), EVEN IF AN EXPONENTIAL PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EXPONENTIAL PARTIES (WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SITE, THE SERVICE OR THE SITE MATERIALS EXCEED THE AMOUNT YOU PAID, IF ANY, IN CONNECTION WITH YOUR USE OF THE SITE AND SERVICE DURING THE NINETY DAY PERIOD BEFORE THE CAUSE OF ACTION AROSE.

Applicable Law and Venue

These Terms of Service and your use of the Services shall be governed by and construed in accordance with the laws of the State of Washington, without resort to its conflict of law provisions to the contrary. You agree that any action at law or in equity arising out of or relating to the Services, these Terms of Service or the Privacy Policy shall be filed only in the state and federal courts located in King County, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of and venue in such courts over any suit, action or proceeding arising out of the Services, these Terms of Service or the Privacy Policy.

Termination; Modification of Service

You may terminate your Account at any time by sending an email message requesting account cancellation to support@hollywoodplayer.com. Exponential reserves the right, without notice and in its sole discretion, to (a) terminate your Account (including your ability to use any Hollywood credits), (b) terminate your access to the Services , and (c) block or prevent future your access to and use of the Service for any reason or for no reason. In addition, Exponential reserves the right to change, cancel or delete any and all Services and features provided as part of the Services at any time, with or without notice to you.

Severability

If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

Questions

If you have any questions about Exponential or the Site or Service, please contact us at support@hollywoodplayer.com.