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The Mail Hollywood Subscriber AgreementThe Web Site located at http://www.mailhollywood.com ("Site") is provided by Mail Hollywood, LLC, and contains information which may be of interest to autograph collectors, fans and third parties. Your access to and use of the Site is governed by this Subscriber Agreement ("Agreement"). As used in this Agreement, "Mail Hollywood, LLC","Mail Hollywood", "we", "us" or "our" refers to Mail Hollywood, LLC, and "you" or "your" refers to you, the user of the Site. The Agreement below is the agreement you consented to upon subscribing to the site.TABLE OF CONTENTS1. Access and Passwords 2. Subscription Fees and Payments 3. Privacy4. User Conduct5. Copyright; Limitations on Use6. Accuracy and Availability of Information7. Submissions8. Links to Third Party Sites9. Representations and Warranties 10. Disclaimer of Warranties11. Limitation of Damages12. Limitation of Liability; Exclusive Remedy13. Indemnity14. Consent to Electronic Notices and Other Communications15. Print a Copy for Your Records16. Termination17. Assignment18. Applicable Law and Disputes19. Amendments20. Entire Agreement; Severability; No Waiver21. General1. Access and PasswordsAs part of the subscription process for this Site, you have selected or been assigned a particular password and Mail Hollywood Username in accordance with Mail Hollywood's password and Mail Hollywood's username guidelines. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR PASSWORD OR Mail Hollywood USERNAME, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR PASSWORD OR MAIL HOLLYWOD USERNAME. You agree that all actions taken by you, or any other user that accesses the Site using your Mail Hollywood Username, at or through the Site will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or made an error. You assume all resulting liability from use of the Site and any services available on it by you or others using your password or Mail Hollywood Username. If you lose your password, please visit Forgot Your Password? to obtain a new password.2. Subscription Fees and PaymentsYou can always find the current Subscription Fees posted at http://www.mailhollywood.com. Your subscription will continue and renew automatically, unless terminated by Mail Hollywood or until you notify Mail Hollywood by e-mail or as designated on the Site of your decision to terminate your subscription. If there are any annual, monthly, or similar periodic fees for your subscription, these fees will be billed automatically to the credit card or other agreed payment method designated during the registration process for the Site or subsequently designated by you to Mail Hollywood, at the start of the annual, monthly or similar period, and at the start of each renewal period, unless you terminate your subscription before the relevant period begins. You agree to pay or have paid all fees and charges incurred in connection with your Mail Hollywood Username and password for the Site (including any applicable taxes) at the rates in effect when the charges were incurred. ALL FEES AND CHARGES ARE NONREFUNDABLE. Mail Hollywood may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All fees and charges incurred in connection with your Mail Hollywood Username and password will be billed to the credit card or other agreed payment method designated during the registration process for the Site or subsequently designated by you to Mail Hollywood. If you want to designate a different credit card or different payment method or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Site using your Mail Hollywood Username and password without your authorization, you must e-mail the Mail Hollywood Help Desk at billing@mailhollywood.com. You also are responsible for any fees or charges incurred to access the Site through an Internet access provider or other third party service. YOU, AND NOT THE Mail Hollywood, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD OR OTHER AGREED PAYMENT METHOD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.3. PrivacyOur Privacy Notice is a part of this Agreement and its terms are incorporated herein by this reference. Please read it now at http://www.mailhollywood.com/privacy.php.4. User ConductThe Site may contain bulletin board services, news groups, forums and/or other message or communication facilities ("Communication Services") designed to enable you to communicate with others. You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service. You are also prohibited from submitting to, posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" is prohibited. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content.Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of Mail Hollywood nor its affiliates, nor any of their officers, directors, employees, or agents. You acknowledge that Mail Hollywood does not pre-screen all content, but that Mail Hollywood and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the Communication Services. Without limiting the foregoing, Mail Hollywood and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You specifically agree that Mail Hollywood is not responsible for any content sent using and/or included in the Site by any third party.5. Copyright; Limitations on UsePlease read our Copyright and License information, which governs the material on this Site (including materials posted by subscribers) and prohibits the republishing, filtering, altering, framing, or linking of this Site or any Mail Hollywood content (including graphics available on the Site) without express permission from Mail Hollywood. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.The following activities are prohibited. You agree not to:Use web-accelerated browsers or products (including but not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other applications that are capable of copying large portions of content from the Site. Mail Hollywood can detect the use of these systems through live logfile analysis and will ban any future use by offenders.Use robots and crawlers, or similar technology, without following the robot guidelines (found at http://info.webcrawler.com/mak/projects/robots/robots.html). We are able to detect robots violating the guidelines and we will ban any offenders. If you are using a robot/crawler to check Mail Hollywood links, it must operate according to the robot guidelines (see above). Do not leave new robots unattended and allow a minimum of 1 minute between automated requests. Use any device, software or routine or the like to interfere or attempt to interfere with any Site functionality;Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure;Use any e-mail addresses appearing on the Site for purposes not relating specifically to the Site;Access the Site by any means other than through the interface that is provided by Mail Hollywood, or attempt to access any area of the Site to which your access is not authorized; or Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating to the Site, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.6. Accuracy and Availability of InformationThe Site contains a database of celebrity related information and other content regarding stars and information for autograph collectors, fans and third parties compiled by Mail Hollywood. While we use commercially reasonable efforts to provide accurate information, Mail Hollywood gives no warranty as to the accuracy of the database and other content on the Site. Mail Hollywood reserves the right to withdraw or delete information or content from the Site at any time.7. SubmissionsYou may submit reviews, comments, and other content suggestions, ideas, comments, questions, or other information to the Site ("Submissions"), so long as the Submissions comply with the restrictions in this Agreement. Mail Hollywood does not pay or provide consideration for Submissions. All Submissions regarding improvement of or changes to the Site ("Site Submissions") are Mail Hollywood's property and you hereby assign all rights, title and interest in and to the same to Mail Hollywood.With respect to all Submissions other than Site Submissions ("Content Submissions"), you grant Mail Hollywood and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content Submissions throughout the world in any media. You grant Mail Hollywood and its affiliates the right to use the name that you submit in connection with such Content Submissions, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Submissions that you post; that the content is accurate; that use of the Submissions you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify Mail Hollywood or its affiliates for all claims resulting from Submissions you supply. Mail Hollywood takes no responsibility and assumes no liability for any Submissions posted by you or any third party. No Submissions are subject to any obligation of confidentiality or limited use by Mail Hollywood and Mail Hollywood has no obligation to you for any use or disclosure of Submissions.8. Links to Third Party SitesMail Hollywood does not endorse the content on any third-party Web site, including Web sites of Mail Hollywood's affiliates ("Third-Party Sites"). Mail Hollywood is not responsible for the content of Third-Party Sites that you reach through links on the Site, sites framed within the Site, or third-party advertisements on the Site, and we do not make any representations regarding their content or accuracy. Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a Third-Party Site will be between you and the party providing that Web site. This means that Mail Hollywood is not your agent and is not a party to any transaction at a Third-Party Site.9. Representations and WarrantiesYou represent and warrant to Mail Hollywood that: (a) you possess the legal right and ability to enter into this Agreement; (b) all information submitted by you to the Site is true and accurate; (c) you will be responsible for all use of your password and Mail Hollywood Username even if such use was conducted without your authority or permission; (d) you are at least 18 years old; and (e) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.10. Disclaimer of WarrantiesALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE BY Mail Hollywood AND ITS AFFILIATES TO YOU ARE PROVIDED "AS IS" AND "WITH ALL FAULTS", WITHOUT WARRANTIES OF ANY KIND, AND Mail Hollywood AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE Mail Hollywood DOES NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY OR CURRENCY OF ANY CONTENT FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH GERMAN, UNITED STATES FEDERAL OR STATE LAWS OR LAWS OF ANY OTHER COUNTRY WHERE SUBSCRIBER IS USING THE SITE (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.11. Limitation of DamagesIN NO EVENT WILL THE Mail Hollywood OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF Mail Hollywood HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.12. Limitation of Liability; Exclusive RemedyALSO, IN NO EVENT WILL THE Mail Hollywood OR ANY OF ITS AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY THE Mail Hollywood FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM.13. IndemnityYou agree to indemnify and hold us harmless, and pay our attorney's fees and costs, if we become liable for or incur any damages in connection with your breach of this Agreement. You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorized representative of Mail Hollywood.14. Consent to Electronic Notices and Other CommunicationsYou agree that all of your transactions relating to the Site may, at our option, be conducted electronically, including any that we are otherwise required to provide in a "writing". For example, we may send you notices via postings at the Site or via email to any email address that you provide to us during registration as a Site member. If you do not wish to deal with us electronically, you should not use the Site or enter into this Agreement. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after the email is sent, unless (for email) we are notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided during registration. In such case, notice will be deemed given 3 days after the date of mailing.15. Print a Copy for your RecordsYou agree to print or make an electronic copy of this Agreement (and any amendment from time to time) and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing.16. TerminationMail Hollywood may terminate your subscription and access, or suspend access to all or part of the Site, without notice, for any conduct that The Mail Hollywood, in its sole discretion, believes is in violation of this Agreement, any applicable law, or is harmful to the interests of another user, service provider, or Mail Hollywood. Mail Hollywood may also elect not to renew your subscription and access by providing a notice of nonrenewal prior to the end of your current subscription term. Sections 3, 5-7, 9-14, and 18-21 will survive any termination or expiration of this Agreement.17. AssignmentYou agree not to assign your rights under this Agreement without the consent of an authorized representative of Mail Hollywood in a non-electronic record, and any assignment without Mail Hollywood's consent will be voidable at Mail Hollywood's option. This Agreement will inure to the benefit of and bind the parties' respective successors and permitted assigns.18. Applicable Law and DisputesIn any action or suit to enforce any right or remedy in connection with this Agreement, or to interpret any provision of it, the substantially prevailing party will be entitled to recover its costs, including reasonable attorneys' fees and costs, whether on appeal, bankruptcy or any other legal proceeding.19. AmendmentsMail Hollywood may change the provisions of this Agreement. When Mail Hollywood changes the terms of this Agreement, Mail Hollywood will notify you by e-mail or online postings on the Site. The changes will also appear in this document, which you can access any time by selecting Subscriber Agreement at the bottom of any page of the Site. You already agreed to be bound by the changes when you first subscribed to the site. If you do not agree to be bound by the changes, you should not use the Site again and you should cancel your subscription to the Site. Even if you checked the "I have read and understood the rules and agree to them" box when subscribing, if you use the Site after you have been notified of a change to this Agreement, you are agreeing now to be bound by that change.20. Entire Agreement; Severability; No WaiverThis Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supercedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by Mail Hollywood or you except in a signed, non-electronic writing signed by an authorized representative of Mail Hollywood.21. GeneralIf any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and Mail Hollywood or its affiliates as a result of this Agreement or your use of the Site.
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