Terms Of Use

Exponential Entertainment Terms of Service

Last Updated: 9-15-2021

Welcome to Exponential Entertainment, Inc. and our interactive entertainment services,
including HollywoodPlayer® and related services (“Services”). By accessing or
using any of our Services online, or through a third party service such as Contour, 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 13401Bel-red Road, Suite B8, Bellevue, Washington, U.S.A. 98005. 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,
or a third party such as Contour), 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 Contour account
or other third party account. Any actions you take while on Contour or such other third
party’s site and any information you share with Contour or such other third party will be
subject to Contour’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 television shows(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 XP, to potentially participate in Sweepstakes and win prizes
through the Services. Different services we offer, such as HollywoodPlayer, may require
separate account registrations. You may also be required to maintain an account with the third
party site (such as Contour) through which you access the Services. You may control certain
aspects of how you interact with the Services by changing your settings and 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@HollywoodPlayer.com

  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 XP. Game points and XP can be accumulated through playing Games through the Services.
    Game points represent your Game score and are based on your performance. XP is accumulated
    through playing Games and participating in other activities available through the Services.
    Game points and XP are not owned by you, have no monetary value and cannot be transferred.
    Upon termination of your HollywoodPlayer account or your Contour Account, you will no longer
    be able to use Game Points or XP. Exponential may terminate the 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 XP.
  1. Acceptable Use

You acknowledge and agree that by accessing or using the Services, you may encounter content
that may be deemed mature, objectionable or inappropriate for children, which content may or
may not be identified as having explicit language or adult themes.

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

  • abuse or harass any other user, member, person or entity;
  • collect or store personally identifying information about other users for commercial or
    unlawful purposes;
  • impersonate any person or entity;
  • use the Services in violation of applicable law or in a manner that facilitates or furthers
    the violation of applicable law, statute, ordinance or regulation, or which we deem improper
    in accordance with our guidelines and policies;
  • use the Services in a way that harms Exponential or Exponential’s affiliates, vendors,
    distributors or users;
  • use any portion of the Services as a destination linked from any unsolicited bulk messages
    or unsolicited commercial messages (such as “spam”);
  • attempt to use or access the account of a person other than you;
  • Upload, post, email, otherwise transmit or post links to any content or material that
    contains software viruses, worms, Trojan horses, time bombs, trap doors or any other
    computer code, files or programs or repetitive requests for information designed to
    interrupt, destroy or limit the functionality of any computer software or hardware or
    telecommunications equipment or to diminish the quality of, interfere with the performance
    of, or impair the functionality of the Website, Service or any third party software, site,
    equipment or service or otherwise interfere with anyone’s use and enjoyment of the Site
    or Service;
  • attempt to reverse-engineer or otherwise discover or recreate any part of the Service
    (including any code, technology or methodology used in connection with the Service);
  • resell or redistribute the Service, or any part of the Service (including any Site
    Materials (as defined below)), or otherwise use the Service for any purpose other than your
    own personal use; or
  • use the Service other than for their intended purpose.

Service Requirements; Your Responsibility for Third Party Fees

If you are accessing the Services through a device such as a set top box, you will need
access to services such as Contour, which is  compatible with the Services. You will also
be responsible, at your expense, for all services required to access or participate in the
Services and all related third-party service fees (including ISP charges). 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.

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:

  • a physical or electronic signature of 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 on the Service are covered by a single notification, a representative list
    of such works;
  • a description of the material that is claimed to be infringing or to be the subject of
    infringing activity, and information reasonably sufficient to permit us to locate the
    material, including a URL address;
  • your address, telephone number, and, email address;
  • a statement by you that you have a good faith belief that use of the material in the manner
    complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement made under penalty of perjury by you that the information in the notification
    is accurate, and that you are authorized to act on behalf of the owner of the copyright
    involved.

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
13401 Bel-Red Road, Suite B8, Bellevue, WA
98005

Telephone Number of Designated Agent: (206) 903-0815

E-Mail Address of Designated Agent: support@hollywoodplayer.com 

Trademarks

Exponential Entertainment, Double Exposure, Well Connected, HollywoodPlayer, HotSpot,
Lockbox, 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.

 

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.

 

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.

© 2019 Exponential Entertainment, Inc. All Rights Reserved

All trademarks and copyrights hereof are the property of their respective owners. All Rights
Reserved.