Last Revised July 16, 2018
Section I. Introduction.
Welcome to the Golden Globes website at http://www.goldenglobes.com, also accessible via http://www.hfpa.org
(collectively, the “Site”) which is operated by The Hollywood Foreign Press Association (“HFPA” “our,” “we,” or “us”). The services we provide on the Site may include applications, message boards, messaging services, newsletters, and any other features, content, or promotions we offer from time to time (“Services”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE AND SERVICES AS THEY SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE AND SERVICES.
By accessing, viewing, downloading or otherwise using the Site, you are deemed to have agreed to the terms and conditions described in this document and any changes to the terms and conditions that we may post on the Site from time to time as well as any other rules, policies and procedures that may be posted from time to time applicable to your use of the Site, each of which is incorporated by reference (collectively, the “Terms”). In addition, some services offered through the Site may be subject to additional terms and conditions specified from time to time (“Additional Terms”); your use of such services is subject to those Additional Terms, which are incorporated into these Terms by this reference. These Terms apply to all users of the Site, including, without limitation, users who are contributors of content, information and other materials or services on the Site. Your access and use of the Site will be subject to the version of the Terms posted on the Site at the time of use. If you do not agree with the Terms, then you do not have the right to access, view, download or otherwise use the Site and, accordingly, you should not do so.
Section II. Privacy.
Section III. General Terms and Conditions.
Unless otherwise noted, the content on the Site is intended for personal, non-commercial purposes only. You agree to use the Site only for lawful, noncommercial purposes and in compliance with all international, federal, state and local laws. Except as expressly permitted in these Terms, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way exploit the content of the Site.
You represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence, (b) have not previously been suspended or removed from the Site, (c) do not have more than one (1) account at any given time for the Site; and (d) have full power and authority to enter into the Terms and in doing so will not violate any other agreement to which you are a party.
From time to time, users of the Site may have an opportunity to post on the Site certain ideas, concepts, information, data, text, music, sound, photographs, graphics, video, messages, comments on our activities, facts, advice, “tips,” opinions and other material (collectively, “User Content”).
You acknowledge and agree that you are solely responsible and liable for all User Content posted on the Site using your account.
Review of User Content
Deletion of User Content
Any or all postings on or through the Site may be purged periodically in our sole discretion. When you delete your User Content, it will be removed from the Site. However, you understand that any User Content removed by you or us may persist in backup copies for a reasonable period of time or may remain with users who have previously accessed or downloaded your User Content. In any case, we are not responsible or liable for damages of any kind arising from any failure, non-failure, or delay in removing such User Content even when we are advised of the possibility of such damages.
We do not control the User Content posted on the Site and, as such, we make no representations or warranties regarding User Content or its truthfulness, accuracy, reliability, integrity or quality. We do not determine whether User Content violates the rights of others, and we have no control over whether User Content is of a nature that you or other users may find offensive.
Our Right to Use Your Content
By uploading, posting, submitting or otherwise transmitting any User Content through the Site, or by making any content publicly available on any of our social media pages (subject to any terms and conditions that apply to such content), you grant HFPA a worldwide, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, store, copy, adapt, modify, create derivative works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such content (in whole or in part) and/or to incorporate such content in other works in any form, media or technology. You agree that this license includes the right for other users of the Site to access, view, modify, edit, download and print any such content for their own personal and non-commercial purposes. If you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Site. You represent and warrant that you own or otherwise control any and all rights in and to the User Content that you submit and that our public posting and use of that User Content will not infringe or violate the rights of any third party in any manner, including without limitation any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights.
You agree that you will not use the Site in any manner that: (i) is an advertisement or endorsement of a product or service; (ii) is knowingly false or intended to mislead, confuse, or deceive others; (iii) promotes illegal or harmful activities or substances; (iv) is harassing, threatening or insulting to others; (v) violates the privacy, publicity, moral or any other proprietary right of others; (vi) is defamatory, obscene, pornographic, vulgar or offensive; or (vii) otherwise violates these Terms.
You also agree not to do any of the following while accessing or using the Site: (i) attempt to access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our providers; (ii) gather and use information, such as other users’ names, real names, or email addresses available through the Site, for any purpose, including without limitation to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iii) violate any applicable law or regulation; or (iv) encourage or enable any other individual to do any of the prohibited activities described above.
We reserve the right to terminate your access to the Site if you engage in any of these prohibited activities. Additionally, we reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Site but have the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court or other governmental authority.
This Site may, from time to time, contain contests that offer prizes or that require you to send in material or information about yourself. Each contest has its own rules, which you must read and agree to before you may enter.
Intellectual Property Rights
The Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, graphics and button icons, excluding User Content (collectively “Proprietary Material”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Proprietary Material is owned or controlled by HFPA or by other parties that have provided rights thereto to HFPA.
Except as otherwise provided in these Terms or without our express prior written permission, you may not, and agree that you will not, use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify the Proprietary Material or any portion thereof, for any purpose or by any means, method, or process now known or later developed. Modification of the materials appearing on the Site or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.
Claims Regarding Copyright Infringement
Notice. If you are a copyright owner or an agent thereof and believe that any User Content or other content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and, if available, your 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; and
- A statement, under penalty of perjury, that the information in the above notification is accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement is: Gregory P. Goeckner, Hollywood Foreign Press Association, 646 N. Robertson Blvd., West Hollywood, CA 90069-5022, 1-310-657-1731, firstname.lastname@example.org. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to us at the contact details below. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.
After receiving a claim of infringement, we will process and investigate the claim and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.
Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information in writing to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content removed or disabled; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal district court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a proper counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we will replace the removed content or cease disabling access to it in 10 business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after the Copyright Agent’s receipt of the counter-notice, at our sole discretion.
We may, in appropriate circumstances, terminate your account for the Site and any or all affiliate websites if you are a repeat infringer. If you believe that a user is a repeat infringer, please follow the instructions above to contact our Copyright Agent and provide information sufficient for us to verify that the user is a repeat infringer
Passwords and Security
Some features that may be made available on the Site require registration and the use of a password. In such event, you agree to provide us with accurate, truthful and complete registration information, and we reserve the right to refuse or cancel your registration if you do not. You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of your password and account information and for keeping your account information accurate and up-to-date, and you are solely responsible and liable for all activities that occur under your password or account. You agree to (a) immediately notify us in writing of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements. You could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the prior express permission of the account holder.
Links to Other Sites
The Site may contain links to other sites maintained by third parties. These links are provided only as a convenience to you. HFPA has no control over, and is not responsible for any content, products or services offered by or found on third party sites, or their privacy policies. Links to third party sites do not constitute an assumption of liability or sponsorship, endorsement or approval of these sites or the content contained in these sites.
Advertisements, Sponsorships, Co-Promotions and Other Partnerships
We may display advertisements for the goods and services of a third party on the Site, including in connection with co-promotions, sponsorships and other similar partnership arrangements. We do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such goods or services advertised, promoted or displayed on the Site.
You may be invited or asked to attend events we sponsor or events held by other members and users of the Site which are not in any way associated with us (collectively, “Events”). Your participation in any Events is at your own risk and you agree to release and hold us and our agents, distributors, officers, directors, members and employees harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, any injury or death to you or your minor children or wards, resulting from attending the Events or participation in any activities available at the Events.
Disclaimer; Limitation of Liability
All reasonable efforts have been made to include accurate and up-to-date information on the Site. However, the HFPA makes no representations or warranties, express or implied, as to the completeness or accuracy of any content included on the Site. All such documents, information and content on the Site are provided “as is” without warranty of any kind.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF AND RELIANCE ON ANY INFORMATION OBTAINED FROM OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION USER CONTENT. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THIS SITE AND ANY FEATURE ON THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. HFPA, AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS AND LICENSEES (the “HFPA PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF ANY INFORMATION INCLUDED ON THIS SITE, THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, FEATURES, MATERIALS, OR PRODUCTS INCLUDED HEREIN.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE HFPA PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.
THE HFPA PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE ACCURACY OF ANY INFORMATION INCLUDED HEREIN, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE HFPA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR FOR DISPUTES AGAINST US OR ANY OF OUR AFFILIATES IS TO DISCONTINUE YOUR USE OF THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE HFPA PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify, defend and hold harmless the HFPA Parties from and against any losses, expenses, damages, claims, actions, demands or expenses (including reasonable attorney’s fees) including personal injury and death, regardless of whether they arise out of or are attributable to any act or omission, negligent or otherwise, of the HFPA Parties or any third party vendor, arising out of or in connection with: (a) your use of the Site, (b) your breach of these Terms, including any abusive or unlawful behavior, or (c) your infringement of any intellectual property or privacy right of any third party. This indemnification provision shall apply to third party claims as well as claims between you and the HFPA Parties under these Terms.
We may terminate or suspend your access to the Site, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in our sole discretion, with or without notice to you, effective immediately, which may result in the forfeiture and destruction of all information associated with you and your activities in connection with the Site. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. In the event of termination, you will still be bound by your obligations under these Terms and Conditions, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, we will not be liable to you or any third party for any termination of your access to the Site.
Governing Law; General Information
While we invite visitors from all parts of the world to visit the Site, visitors acknowledge that the Site, and all activities available on and through the Site, are governed by the laws of the United States of America and the laws of the State of California. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree that the laws of the State of California, excluding its conflict of laws rules, and these Terms and Conditions, our Privacy Notice and any other policies posted from time to time on the Site applicable to your use of the Site shall govern your use of the Site. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with us (or any of our members or affiliates) or relating in any way to your use of the Site resides in the courts of the County of Los Angeles, State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of Los Angeles, State of California, in connection with any such dispute and including any claim involving us or our employees, contractors, members, officers, directors, telecommunication providers and content providers. YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE SITE OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE ACT OR OMISSION GIVING RISE TO THE CLAIM OR CAUSE OF ACTION AROSE.
Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right of ours. You may not assign these Terms without the prior written consent of HFPA, but we may assign these Terms without any notice to you.
Please feel free to contact us via one of the methods described on our Contact Us page, or send a letter to Hollywood Foreign Press Association, 646 N. Robertson Boulevard, West Hollywood, CA 90069-5022. You agree that we may send notices to you regarding your use of the Site by means of electronic mail, a general notice posted on the Site or by written communication delivered either by overnight courier or U.S. mail to your email or mailing address as appearing in our records from time to time.