Terms of Service
The following terms and conditions govern all use of the MyContestSite.com website
and all content, services and products available at or through the website (the
"Website"). The Website is owned and operated by Hillside Holdings ("We", "Us,"
or "HH"). The Website is offered subject to your acceptance without modification
of all of the terms and conditions contained herein and all other operating rules,
policies and procedures that may be published and changed from time to time on this
Website by HH (collectively, the "Agreement").
HH reserves the right, at its sole discretion, to modify or replace any part of
this Agreement. It is your responsibility to check this Agreement periodically for
changes. Your continued use of or access to the Website following the posting of
any changes to this Agreement constitutes acceptance of those changes. HH may also,
in the future, offer new services and/or features through the Website (including,
the release of new tools and resources). Such new features and/or services shall
be subject to the terms and conditions of this Agreement.
Please read this Agreement carefully before accessing or using the Website. By accessing
or using any part of the Website, you agree to become bound by the terms and conditions
of this agreement. If you do not agree to all the terms and conditions of this agreement,
then you may not access the Website or use any services. If these terms and conditions
are considered an offer by HH, acceptance is expressly limited to these terms.
License to the Website
We grant you a non-exclusive, non-transferable, limited right to access, use and
display the Website and the materials thereon for your personal use only, provided
that you comply fully with this TOS. You shall not interfere or attempt to interfere
with the operation of the Website in any way through any means or device including,
but not limited to, spamming, hacking, and uploading computer viruses, worms or
time bombs, or any other means expressly prohibited by any provision of this TOS.
Trademarks, Copyrights and Restrictions
All trademarks and trade names are displayed on the Website are proprietary to us
or our licensors, advertisers, or partners. Except as otherwise provided herein,
you may not reproduce, perform, create derivative works from, republish, upload,
edit, post, transmit, or distribute in any way whatsoever, any materials from this
Website or any other web site owned or operated by use (the "Site Materials") without
our prior written permission.
Sweepstakes
From time to time, we may run sweepstakes on the Website allowing users to enter
for the chance to win a prize (the "Sweepstakes.") These Sweepstakes are governed
by the Official Rules of the Sweepstakes, which you can access via a link from the
page displaying the Sweepstakes. Our Sweepstakes do not require a purchase for entry
and are subject to all applicable federal, state, and local laws and regulations.
All of our Sweepstakes, and this Website, is void where prohibited by law.
Your Account
You must be a human. Accounts created by scripts, "bots" or other automated tools
are not permitted and will be deleted.
Responsibility of Website Visitors
By operating the Website, HH does not represent or imply that it endorses the material
there posted, or that it believes such material to be accurate, useful or non-harmful.
You are responsible for taking precautions as necessary to protect yourself and
your computer systems from viruses, worms, Trojan horses, and other harmful or destructive
content. The Website may contain content that is offensive, indecent, or otherwise
objectionable, as well as content containing technical inaccuracies, typographical
mistakes, and other errors. The Website may also contain material that violates
the privacy or publicity rights, or infringes the intellectual property and other
proprietary rights, of third parties, or the downloading, copying or use of which
is subject to additional terms and conditions, stated or unstated. HH disclaims
any responsibility for any harm resulting from the use by visitors of the Website,
or from any downloading by those visitors of content there posted.
Posted Content
Your posted profile pictures, files and other data uploaded remains yours. You do,
however, agree that when you create a profile on the Website, anyone can view and
share your content.
You authorize HH to edit and delete any content you upload to the Website for any
reason HH sees fit to do so without any notice to you.
Third Party Content
We may link to other sites and have not reviewed, and cannot review, all of the
material made available through the website and webpages to which MyContestSite.com
links, and that link to MyContestSite.com. HH does not have any control over those
non-MyContestSite.com websites and webpages, and is not responsible for their contents
or their use. By linking to a non-MyContestSite.com website or webpage, HH does
not represent or imply that it endorses such website or webpage. You are responsible
for taking precautions as necessary to protect yourself and your computer systems
from viruses, worms, Trojan horses, and other harmful or destructive content. HH
disclaims any responsibility for any harm resulting from your use of non-MyContestSite.com
websites and webpages.
Copyright Infringement and DMCA Policy
As HH asks others to respect its intellectual property rights, it respects the intellectual
property rights of others. If you believe that material located on or linked to
by MyContestSite.com violates your copyright, you are encouraged to
notify HH. HH will take appropriate action, at its sole discretion, upon
any such notification, which may include terminating a user’s access to the Website
or deleting content. HH reserves the right to reclaim usernames on behalf of businesses
or individuals that hold legal claim or trademark on those usernames.
Intellectual Property
This Agreement does not transfer from HH to you any HH or third party intellectual
property, and all right, title and interest in and to such property will remain
(as between the parties) solely with HH. HH, MyContestSite.com, the MyContestSite.com
logo, and all other trademarks, service marks, graphics and logos used in connection
with MyContestSite.com, or the Website are trademarks or registered trademarks of
HH or HH's licensors. Other trademarks, service marks, graphics and logos used in
connection with the Website may be the trademarks of other third parties. Your use
of the Website grants you no right or license to reproduce or otherwise use any
HH or third-party trademarks.
Advertisement, Banner Ads and Advertisers
You may see advertisements in various forms on the Website. Any time you correspond
with our or advertisers or Sponsors advertisement, this correspondences is strictly
between you and the advertiser. We will use a program that manages or rotates banner
ads only. This is strictly a management tool and will not collection information
or transmit any information to your computer other than the banner ads. You agree
we shall not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of such advertisers
on the Website.
Termination / Modifications
HH reserves the right to terminate your access to all or any part of the Website
at any time, with or without cause, with or without notice, effective immediately
upon our sole discretion. HH reserves the right to modify or delete any account,
record, file and any other data that is stored on HH computers. If you wish to terminate
this Agreement or your MyContestSite.com account (if you have one), you may simply
discontinue using the Website. All provisions of this Agreement which by their nature
should survive termination shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity and limitations of liability.
DISCLAIMER OF WARRANTIES
THE WEBSITE IS PROVIDED "AS IS". HH AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM
ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NEITHER HH NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE
WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. DATA
TRANSFERRED TO AND FROM THE WEBSITE IS DONE SO UNENCRYPTED AND OVER VARIOUS NETWORKS.
HH USES SERVERS, NETWORKING EQUIPMENT AND OTHER SERVICES MANAGED BY THIRD PARTY
VENDORS TO HELP MAINTAIN PROPER OPERATION OF THE WEBSITE. YOU UNDERSTAND THAT YOU
DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR
OWN DISCRETION AND RISK.
LIMITATION OF LIABILITY
IN NO EVENT WILL HH, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO
ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY
OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES; (II) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; (III)
FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT
EXCEED THE FEES PAID BY YOU TO HH UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH
PERIOD PRIOR TO THE CAUSE OF ACTION. HH SHALL HAVE NO LIABILITY FOR ANY FAILURE
OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT
APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance
with this Agreement and with all applicable laws and regulations (including without
limitation any local laws or regulations in your country, state, city, or other
governmental area, regarding online conduct and acceptable content, and including
all applicable laws regarding the transmission of technical data exported from the
United States or the country in which you reside) and (ii) your use of the Website
will not infringe or misappropriate the intellectual property rights of any third
party.
Indemnification
You agree to indemnify and hold harmless HH, its contractors, and its licensors,
and their respective directors, officers, employees and agents from and against
any and all claims and expenses, including attorneys' fees, arising out of your
use of the Website, including but not limited to out of your breach of the Representations
and Warranties made above and any other violation this Agreement.
Jurisdictional Issues
The Website is controlled and operated by HH from its offices within the State of
California, United States of America. We make no representation that materials in
the Website are appropriate or available for use outside of the United States of
America. Those who choose to access the Website from locations outside of the U.S.A.
and Canada do so on their own initiative and at their own risk, and are responsible
for compliance with local laws, if and to the extent local laws are applicable.
Termination
You understand and agree that we may, in its sole discretion and at any time, terminate
your password, Membership, or Account and discard and remove any Content posted
or submitted by you to any Forum, for any reason. You understand and agree that
we may take any one or more of these actions without prior notice to you. Should
we take any of these actions, we may, in our sole discretion, immediately deactivate
and/or delete any or all information about and concerning your Account, including
your Registration Information and submitted Content. You understand and agree that
we shall not have any liability to you or any other person for any termination of
your access and/or the removal of information concerning your Account.
If it comes known that you willfully and intentionally violated any of our rules
or manipulated the Website, Sweepstakes, or communications, we may pursue damages
against you in a forum we deem appropriate.
Miscellaneous
This Agreement constitutes the entire agreement between HH and you concerning the
subject matter hereof, and they may only be modified by a written amendment signed
by an authorized executive of HH, or by the posting by HH of a revised version.
Except to the extent applicable law, if any, provides otherwise, this Agreement,
any access to or use of the Website will be governed by the laws of the state of
California, U.S.A., excluding its conflict of law provisions, and the proper venue
for any disputes arising out of or relating to any of the same will be the state
and federal courts located in Los Angeles County, California. Except for claims
for injunctive or equitable relief or claims regarding intellectual property rights
(which may be brought in any competent court without the posting of a bond), any
dispute arising under this Agreement shall be finally settled in accordance with
the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service,
Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The
arbitration shall take place in Los Angeles California, in the English language
and the arbitral decision may be enforced in any court. If any part of this Agreement
is held invalid or unenforceable, that part will be construed to reflect the parties'
original intent, and the remaining portions will remain in full force and effect.
A waiver by either party of any term or condition of this Agreement or any breach
thereof, in any one instance, will not waive such term or condition or any subsequent
breach thereof. You may assign your rights under this Agreement to any party that
consents to, and agrees to be bound by, its terms and conditions; HH may assign
its rights under this Agreement without condition. This Agreement will be binding
upon and will inure to the benefit of the parties, their successors and permitted
assigns.
Contact
If you have any questions about these Terms of Service, you may contact us through
the web form or Hillside Holdings, 7119 West Sunset
Boulevard #192, Los Angeles, California 90046.