Hollywood Book Directory Terms of Service
Welcome to the Hollywood Book Directory!
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
The Hollywood Book Directory Service
We agree to provide you with the Hollywood Book Directory Service. The Service includes all of the Hollywood Book Directory products, features, applications, services, technologies, and software available at the membership website http://www.hollywoodbookdirectory.com/. These services include a dedicated page or pages on the website, in which third-party users can view your descriptions of your literary work or works (the “Works”) for potential options in other media (the “Optioners”), including but not limited to audiovisual media, film, television, and “new” media.
In return for our commitment to provide the Service, we require you to make the below commitments to us. You represent and warrant that you can sell, assign, transfer or license the rights to the materials that you submit to the Hollywood Book Directory. You represent and warrant that nothing you submit to us will involve someone else’s private or confidential information without permission or do anything that violates someone else's rights, including intellectual property rights (e.g., copyright infringement, trademark infringement). You represent and warrant that you own or have obtained all necessary rights to the content you post or share.
Permissions You Give to Us.
As part of our agreement, you also give us permissions that we need to provide the Service. We do not claim ownership of your content, but you grant us a license to use it in connection with the Hollywood Book Directory website. When you submit, post, or upload descriptions of the Work or any other content that is covered by intellectual property rights on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. This license is terminable on five business days’ written notice by you. You further grant us a non-exclusive license to distribute, in electronic or physical format, copies of the Works that you have described to Third-Party Optioners, and furthermore fully and irrevocably waive any claims against Hollywood Book Directory or Legacy Launch Pad Publishing arising out of said transmission or any action of the Optioners with respect to the Works. You further give us permission to use your name and contact information on the Hollywood Book Directory website, and to transmit your contact information to Third-Party Optioners.
Content Removal and Disabling or Terminating Your Account
Who Has Rights Under this Agreement.
Legacy Launch Pad, and our past, present, and future affiliates and agents, can invoke our rights under this agreement in the event they become involved in a dispute. Otherwise, this agreement does not give rights to any third parties. You cannot transfer your rights or obligations under this agreement without our consent. Our rights and obligations can be assigned to others.
Who Is Responsible if Something Happens.
Our Service is provided "as is," and we can't guarantee any results. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We also don’t control what people, including but not limited to the Optioners, do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or communications. We also aren’t responsible for services and features offered by the Optioners, even if you initially contact them through the Service. We also are not lawyers, agents or managers, and we do not offer any advice on the terms or conditions that may or may not be offered by the Optioners. We respectfully suggest that you seek or obtain independent representation if any Optioner proposes any sort of agreement to you with respect to the Works or otherwise. If you attempt to directly contact any of our producer board members, your membership privileges will be immediately revoked and you will not be allowed to apply again in the future.
Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
How We Will Handle Disputes.
Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or HBD ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other Hollywood Book Directory users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision. The claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
This arbitration provision is governed by the Federal Arbitration Act.
Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, email address or phone number, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to Legacy Launch Pad Publishing, 1465 Tamarind Ave., Ste. 292, LA CA 90028. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your Hollywood Book Directory account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Central District of California or a state court located in Los Angeles County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
The laws of the State of California, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.
Updating These Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms.