For the Official website of Friends of the Hollywood Central Park, http:// hollywoodcentralpark.org
"Friends of the Hollywood Central Park’s Website" is an on-line service operated by Friends of the Hollywood Cap Park, a nonprofit organization. ("FHCP") on the World Wide Web of the Internet, consisting of information services and content provided by FHCP, affiliates of FHCP, and/or other third parties. "User" means each person who establishes or accesses a connection ("Session") for access to and use of FHCP’s Website.
(A) This Agreement, which incorporates by reference other provisions applicable to use of FHCP's Website, governing the use of certain specific material contained in FHCP's Website, sets forth the terms and conditions that apply to use of FHCP's Website by User. By using FHCP's Website (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use FHCP's Website is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Session (under any screen name or password) and for ensuring that all use of User's Session complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
3. Changed Terms
FHCP shall have the right at any time to change or modify the terms and conditions applicable to User's use of FHCP's Website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on FHCP's Website, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of FHCP's Website by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
4. User Conduct
(A) User shall use FHCP's Website for lawful purposes only. User shall not post or transmit through FHCP's Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without FHCP's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in FHCP's discretion restricts or inhibits any other User from using or enjoying FHCP's Website will not be permitted. User shall not use FHCP's Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become Users of other on-line information services competitive with FHCP's Website.
5. Disclaimer of Warranty; Limitation of Liability
(A) USER EXPRESSLY AGREES THAT USE OF FHCP'S WEBSITE IS AT USER'S SOLE RISK. NEITHER FHCP, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT FHCP'S WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF FHCP'S WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH FHCP'S WEBSITE.
FHCP shall have the right, but not the obligation, to monitor the content of FHCP's Website, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by FHCP and to satisfy any law, regulation or authorized government request. FHCP shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on FHCP's Website. Without limiting the foregoing, FHCP shall have the right to remove any material that FHCP, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless FHCP, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of FHCP's Website by User or User's Session.
Either FHCP or User may terminate this Agreement at any time. Without limiting the foregoing, FHCP shall have the right to immediately terminate User's Session in the event of any conduct by User which FHCP, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. All of the remaining provisions listed under this agreement shall survive termination of this Agreement.
FHCP, FHCP's Website and logos are trademarks of FHCP. All rights reserved. All other trademarks appearing on FHCP's Website are the property of their respective owners.
This Agreement and any operating rules for FHCP's Website established by FHCP constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.