Terms and Conditions:
Please carefully read these terms and conditions
of use (these "Terms of Service") before using the
HothouseStudios.com website and
the services available on that site (collectively, the "Site" or "HothouseStudios.com").
Your access to and use of the Site is subject to these Terms of Service
(including the Privacy Policy of the Site) and all applicable laws. By accessing
and using the Site, you signify your assent to these Terms of Service. These
Terms of Service may be amended or modified at the sole discretion of Hothouse
Studios Musical Productions, Inc. ("Hothouse Studios"), or new conditions may be
imposed, at any time with or without notice. Any such changes or additions will
be reflected by an update of this posting and are hereby incorporated by
reference into these Terms of Service. Please check these Terms of Service
periodically for changes. Your continued use of the Site following the posting
of changes to these Terms of Service (including the Privacy Policy) will mean
you accept those changes. If you do not agree to these Terms of Service, please
do not use the Site.
1. DESCRIPTION OF SERVICES
HothouseStudios.com
offers streaming video content and related editorial and interactive material of
and related to musical performances. Content may include, but is not limited to:
behind-the-scenes rehearsals video, artist interviews, lessons from the legends,
user polls, news and information, artist biographies and musical performances.
As HothouseStudios.com
offers a candid look inside the creative process, please be aware that some
material may contain explicit content.
By purchasing any Services via the Website, you acknowledge and
agree that your credit card is being charged by the payment processor of the
operator of the Website on behalf of
HothouseStudios.com.
2. OWNERSHIP AND USE RESTRICTIONS
HothouseStudios.com is
operated by Hothouse Studios. Hothouse Studios, and their respective operators,
artists, members, teams, affiliates, employees, directors, and officers shall be
collectively referred to herein as the "Operators."
The content and materials contained within the Site (including,
without limitation, video, audio, photos, text, images, names, likenesses, logos
and all copyrights and intellectual property related to the Site, Hothouse
Studios and the Hothouse Studios sponsors, licensees and other affiliates) (the
"Content") are either owned by, or licensed to, Hothouse Studios. The Content
from the Site may not be reproduced, republished, uploaded, posted, transmitted,
reproduced, distributed, copied, publicly displayed or otherwise used in any
manner, except as expressly provided in these Terms of Service, without the
express written permission of Hothouse Studios. The Operators maintain the Site
for your personal entertainment, information, education, and communication.
Please feel free to browse the Site. The Site is provided for your private,
non-commercial use, and you may not, however, distribute, reproduce, republish,
display, capture streaming files, download, upload, prepare derivative works
based upon, modify, transmit, reuse, repost, or use any materials of or from the
Site for public or commercial purposes on any other website or otherwise without
the express written permission of Hothouse Studios. Modification of any
materials displayed on the Site in any manner is a violation of the Operators'
rights and/or copyright and other proprietary rights.
The word marks and logos of Hothouse Studios, Hothouse Studios
special events and HothouseStudios.com
are the exclusive property of Hothouse Studios or the applicable entity. All
other word marks and logos (each, a "Trademark" and, collectively, the
"Trademarks") appearing on the Site are Trademarks of their respective owners.
Nothing contained on the Site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any Trademark displayed on
the Site in any manner without the express written permission of its respective
owner. Any use of the Trademarks displayed on the Site, or any other content on
the Site, except as provided in these Terms of Service, is strictly prohibited.
Images of people or places displayed on the Site are either the
property of, or used with permission by, the Operators. Any use of these images
by you, or anyone else authorized by you, is prohibited unless expressly
permitted by these Terms of Service or by express permission that is granted
elsewhere on the Site. Any unauthorized use of the images may violate copyright
laws, trademark laws, the laws of privacy and publicity, and communications
regulations and statutes. The Operators neither warrant nor represent that your
use of materials displayed on the Site will not infringe upon the rights of
third parties neither owned by nor affiliated with the Operators.
The Site is available to individuals aged thirteen (13) years or
older. If you are thirteen (13) years or older, but under the age of eighteen
(18) years, you should review these Terms of Service with your parent or legal
guardian to make sure that you and your parent or legal guardian understand
these Terms of Service.
3. VOTES; CONTESTS; SWEEPSTAKES
The Site may offer you opportunities to vote in connection with certain events
and also to enter contests and sweepstakes. By participating in any such event,
you signify your agreement to all special terms and guidelines set forth on the
Site applicable to that event as well as in these Terms of Service.
4. LINKS
The following restrictions ("Linkage Restrictions") apply to all links to the
Site from any on-line, cable, wireless or other website, service or browser:
A.
On-line, cable, wireless or other websites, services or browsers
created by, licensed by or substantially associated with any entity that
regularly promotes any product (e.g., apparel or computers), brand (e.g., Nike
or Pepsi) or service (e.g., Internet service providers or ticket sellers) (each,
a "Commercial Site" and, collectively, "Commercial Sites") may not link to
Hothouse Studios.com without the written permission of Hothouse Studios, even if
the page/area where the link originates does not promote a product, brand or
service.
B.
The HothouseStudios.com
logo, or any other logo of Hothouse Studios may not be used as or to link to
rehearals.com without the express written permission of Hothouse Studios.
C.
The posting or creation of any link to the Site signifies that you
have read these Linkage Restrictions and agree to abide by their terms.
5. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with advertisers, or participation in
promotions of, advertisers found on or through the Site, including payment and
delivery of related goods and/or services, and any other terms, conditions,
representations or warranties associated with such dealings, are solely between
you and such advertiser. You agree that the Operators shall not be responsible
or liable for any loss or damage of any kind incurred as the result of any such
dealings or as the result of the presence of such advertisers on the Site.
6. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF
LIABILITY
While the Operators use reasonable efforts to include accurate and up to date
information in the Site, the Operators make no warranties or representations as
to its accuracy. The Operators assume no liability or responsibility for any
errors or omissions in the content of the Site. The Operators make no
representation that the materials contained in the Site are appropriate or
authorized for use in all countries, states, provinces, counties or any other
jurisdictions. If you choose to access the Site, you do so on your own
initiative and risk and are responsible for compliance with all applicable laws.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY
KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. THE OPERATORS DO NOT WARRANT OR REPRESENT THAT THE
INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED,
RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR SECURE OR FREE OF
ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPERATORS ARE NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE
SITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES WILL THE OPERATORS BE LIABLE, INCLUDING,
WITHOUT LIMITATION, FOR BREACH OF CONTRACT, TORT OR NEGLIGENCE, FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF
PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS,
INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE,
OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT
SHALL THE OPERATORS AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM
RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR
ACCESSING THIS SITE, IF ANY.
The Site is subject to transmission limitations of the Internet,
including, but not limited to, video and/or audio dropouts, rebuffering or loss
of connection. A broadband Internet connection is required to view video
content.
The Site may contain links and pointers to other World Wide Web
sites, resources, and advertisers. Links to and from the Site to other sites,
maintained by third parties, do not constitute an endorsement by the Operators
or any affiliate of any third party site or content. The Operators are not
responsible for the availability of these third party resources, or their
contents. The Operators have not reviewed any or all of the sites linked to the
Site and are not responsible for the content of any off-site pages or any other
sites linked to the Site. Your linking to the Site, off-site pages or other
sites is at your own risk and without the permission of the Operators. By
clicking on any such link, you acknowledge that the Site has no control over,
and makes no representations of any kind with respect to, such other sites or
any content contained within such other sites, and you hereby revoke any claim
against the Operators with respect to such other sites. You should direct any
concerns regarding any external link to its site administrator or Webmaster.
Your correspondence or business dealings with, or participation in
promotions of, advertisers and vendors found on or through the Site, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are
solely between you and such advertiser and/or vendor. You agree that the
Operators 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 or vendors on the Site or in connection with the Site. All of
your business dealings with vendors and advertisers appearing on or through the
Site shall be at your sole risk.
7. NOTICE
The Operators may give notice to users of the Site by means of a general notice
on the Site, electronic mail to a user's e-mail address if on record, text
message to a user's mobile telephone if on record, or by written communication
sent by first class mail to a user's address if on record. You may give notice
to the Operators (such notice shall be deemed given when received) by any of the
following means:
Electronic mail to
info@Hothouse Studios.com
Letter delivered by first class postage prepaid mail or courier to Hothouse
Studios at the following address:
Hothouse Studios Musical Productions, Inc.
3407 Winona Ave
Burbank, CA 91504
8. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT. Pursuant to the Digital Millennium Copyright Act, Title 17, United
States Code, Section 512(c)(2) ("DMCA"), Hothouse Studios has designated to the
U.S. Copyright Office an agent to receive notifications of claimed copyright
infringement relating to the Site (the "Designated Agent"). All such
notifications relating to the Site must be submitted in a manner consistent with
the DMCA to the following Designated Agent:
By mail:
Hothouse Rehearsal Studios
11823 E. Slauson Ave,
#41
Santa Fe Springs, CA 90670
Attn: Copyright Agent
By phone:
562.945.1300
By e-mail:
copyright@hothousestudios.com
To be effective, the notification must be a written communication
that includes the following: (1) a signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed; (2)
identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works are claimed to have been infringed, a representative
list of such works; (3) 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 the service provider to locate the material; (4)
information reasonably sufficient to permit the service provider to contact the
complaining party, such as an address, telephone number, and, if available, an
electronic mail address; (5) a statement that the complaining party has 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 (6) a statement
that the information in the notification is accurate, and under penalty of
perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
9. INDEMNIFICATION
You hereby agree to indemnify and hold Hothouse Studios, and each of their
respective members, operators, directors, officers, employees, shareholders,
agents, co-branders, licensors, affiliates and representatives harmless from all
demands, claims, liabilities, damages and expenses (including reasonable
attorneys' fees and court costs) arising out of or relating to: (i) your use of
the Site; (ii) any breach or alleged breach of these Terms of Service; (iii)
your connection to the Site; and (iv) your violation of any rights of another.
10. TERMINATION OF SERVICE
The Operators may, in their sole discretion, change, suspend or discontinue any
aspect of the Site at any time with or without notice, including the
availability of any Site feature, database, or content. The Operators may also
cancel your registration password, or impose limits on certain features and
services or restrict your access to parts of the Site, or the entire Site, with
or without notice, and without liability, at any time, in the Operators'
exclusive discretion, without prejudice to any legal or equitable remedies
available to the Operators, for any reason or purpose, including, but not
limited to, conduct that the Operators believe violates these Terms of Service
or other policies or guidelines posted on the Site or conduct which the
Operators believe is harmful to other customers, to the Operators' respective
businesses, or to other information providers. Upon any termination of this
agreement, you shall immediately discontinue your use of the Site and destroy
all materials obtained from it.
11. SOFTWARE
Software and other materials from the Site may also be subject to United States
Export Control. The United States Export Control laws prohibit the export of
certain technical data and software to certain territories. No software from the
Site may be downloaded or exported (i) into (or to a national or resident of)
Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the
United States has embargoed goods; or (ii) anyone on the United States Treasury
Department\\'s list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. The Operators do not authorize the
downloading or exportation of any software or technical data from the Site to
any jurisdiction prohibited by the United States Export Laws.
12. CHOICE OF LAW
These Terms of Service shall be construed and controlled by the laws of the
State of California, United States of America. Further, any disputes relating to
these Terms of Service or anything contained on the Site will be governed by the
laws of the State of California, United States of America, without regard to its
principles of conflicts of laws. Any claim relating to these Terms of Service or
the Site shall be exclusively prosecuted in a federal or state court of
competent jurisdiction located within the County of Los Angeles, State of
California, United States of America, and you hereby consent to the jurisdiction
of such court solely for such purposes and you further waive any argument that
any such court does not have jurisdiction over such dispute or that venue in any
such court is not appropriate or convenient. The Operators will be entitled to
recover their court costs and reasonable attorneys' fees and expenses incurred
in successfully proving any breach of any term of these Terms of Service.
13. MISCELLANEOUS
These Terms of Service constitute the entire agreement between the parties, and
supersedes all prior and contemporaneous written or oral agreements, proposals
or communications with respect to the subject matter herein between you and the
Operators. The section headings in these Terms of Service are for convenience
only and must not be given any legal import. If any provision of these Terms of
Service is held by a court of competent jurisdiction to be unlawful, void,
invalid or unenforceable, the remaining provisions shall remain in full force
and effect. The Operators\\' failure to exercise or enforce any right or
provision of these Terms of Service shall not constitute a waiver of such right
or provision. You agree that, except as may be otherwise expressly provided in
these Terms of Service, there shall be no third party beneficiaries to this
agreement. You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Site or these
Terms of Service must be filed within one year after such claim or cause of
action arose or be forever barred.
14. ACCEPTANCE OF TERMS OF USE
By using the Site, you signify your agreement to these Terms of Service in their
entirety. If you do not agree with the terms included herein, you must not use
the Site. Hothouse Studios may change these Terms of Service at any time and in
any manner, and your use of the Site after such changes are posted shall be
deemed to indicate your acceptance thereto.
LAST UPATED: November 15, 2007
LAST UPATED: November 3, 2007
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