Exponential Entertainment Terms of Service
Last Updated: 2021-11-4
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 XFINITY or 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 21702 SE May Valley RD. Issaquah, WA 9802, 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.
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 may be required to create an account with us (“Account”). Registering for an Account may allow you to accumulate Game points and XP, tor o 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 XFINITY or 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
- 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.
- Game Points and XP. Game points and XP may 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 XFINITY or 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.
- 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.
- 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 XFINITY or 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
21702 SE May Valley Rd. Issaquah, WA 98027
Telephone Number of Designated Agent: (206) 903-0815
E-Mail Address of Designated Agent: email@example.com
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.
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.
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
Termination; Modification of Service
You may terminate your Account at any time by sending an email message requesting account cancellation to firstname.lastname@example.org. 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.
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.
If you have any questions about Exponential or the Site or Service, please contact us at email@example.com.
© 2021 Exponential Entertainment, Inc. All Rights Reserved
All trademarks and copyrights hereof are the property of their respective owners. All Rights Reserved.