Terms and Conditions of Service
HollywoodOmniBook.com is a muti-media web site featuring commercial information directories, classified listings, event listings, commercial notices and resume listings, searchable databases featuring information concerning the entertainment industry, sale advertisements, and other information relating to the entertainment industry or goods and services marketed to the entertainment industry. By using the ADIO Network, you agree to be bound by this Agreement, whether you are a “Visitor” (which means you simply browse the ADIO Network) or you are a “Member” (which means you have registered with HollywoodOmniBook.com). The term “User” refers to a Visitor or Member. The words "use" or "using" in this Agreement mean any time an individual (a "User"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, download, print or copy from the ADIO Network, transmit, receive or exchange data or communicate with the ADIO Network, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the ADIO Network, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or any web sites or links that may direct your browser or your connection to third party web sites or web pages.
You are only authorized to use the ADIO Network (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave and discontinue use of the ADIO Network immediately. If you wish to become a Member, communicate with other Members and make use of the ADIO Network, you must read this Agreement and indicate your acceptance during the Registration process.
Please choose carefully the information you post on HollywoodOmniBook.com and that you provide to other Users. Information that you may not post includes Prohibited Content (defined below). Despite this prohibition, information provided by other HollywoodOmniBook.com Users may contain Prohibited Content (defined below), and HollywoodOmniBook.com assume no responsibility or liability for such Prohibited Content (defined below). If you become aware of misuse of the ADIO Network by any person, please contact HollywoodOmniBook.com or click on the "Report Inappropriate Content" link at the bottom of any HollywoodOmniBook.com page. HollywoodOmniBook.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the ADIO Network at any time, for any or no reason, with or without prior notice, and without liability.
Use of and Membership in the ADIO Network is disallowed and void where prohibited by law. By using the ADIO Network, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you will not post any Prohibited Material, (d) you are 13 years of age or older; (e) your use of the ADIO Network does not violate any applicable law or regulation; and (f) if you are 13 years of age or older, and less than 18 years of age, you will not post any personal contact information pertaining to you, and instead will post the personal contact information of your adult agent, adult manager, or other adult representative. If you cannot or will not make all of the above representations, please discontinue using the ADIO Network immediately. Your Membership may be terminated and any information that you post may be deleted without warning if we believe that you are under 13 years of age, or for any other reason whatsoever at the sole discretion of HollywoodOmniBook.com.
There are portions of our ADIO Network that we make available to users in the general public without registering and you may visit and browse those portions without charge or obligation; provided, however, that we reserve the right to make changes, limit or restrict those portions at any time and from time to time in our discretion, without notice to you.
This Agreement shall remain in full force and effect while you use the ADIO Network or are a Member. You may terminate your registration and User ID, at any time and for any reason. We may terminate your use of and registration on the ADIO Network, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. Even after User ID and registration are terminated, provisions of this Agreement that by their nature customarily survive such termination will remain in effect.
You acknowledge that HollywoodOmniBook.com reserves the right to charge for the ADIO Network and to change its fees from time to time in its discretion. If HollywoodOmniBook.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. Without limiting the foregoing, if you shall properly terminate your Membership within thirty (30) days of your initiation of such Membership, you shall be entitled to a refund of one hundred percent (100%) of the fees that you have paid for such Membership.
You are entirely responsible for maintaining the confidentiality of your password. Whenever you exit the website, you shall do so by clicking a “log out” link in order to help prevent others from improperly accessing your account. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify HollywoodOmniBook.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
6. NON-COMMERCIAL USE BY MEMBERS
The ADIO Network is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by HollywoodOmniBook.com. Illegal and/or unauthorized use of the ADIO Network, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the ADIO Network is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from the ADIO Network without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the ADIO Network.
7. PROPRIETARY RIGHTS IN CONTENT ON HOLLYWOODOMNIBOOK.COM
a) The content on the ADIO Network, except all Member Content (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to HollywoodOmniBook.com (such Content being “ADIO Content”), subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the ADIO Network is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. HollywoodOmniBook.com reserves all rights not expressly granted in and to the ADIO Network and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Member Content of third parties obtained through the ADIO Network for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the ADIO Network or features that prevent or restrict use or copying of any Content or enforce limitations on use of the ADIO Network or the Content therein.
b) HollywoodOmniBook.com may now or in the future permit the submission of certain types of Content submitted by you and other users ("Member Content") and the hosting, sharing, and/or publishing of such Member Content. You understand that whether or not such Member Content is published, HollywoodOmniBook.com does not guarantee any confidentiality with respect to any submissions. You are solely responsible for the Content that you post on or through the ADIO Network, and any material or information that you transmit to other Members and for your interactions with other Users. HollywoodOmniBook.com does not endorse and has no control over Member Content. Member Content is not necessarily reviewed by HollywoodOmniBook.com prior to posting and does not necessarily reflect the opinions or policies of HollywoodOmniBook.com. HollywoodOmniBook.com makes no warranties, express or implied, as to any Membership Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members. HollywoodOmniBook.com does not claim any ownership rights in Member Content that you post to the ADIO Network. After posting your Content to the ADIO Network, you continue to retain all ownership rights in such Member Content, and you continue to have the right to use your Member Content in any way you choose.
d) On notice we will act expeditiously to remove content on the ADIO Network that infringes the copyright rights of others and will disable the access to the ADIO Network and its services of anyone who uses them to repeatedly infringe the intellectual property rights of others. Specific procedures to notify us about copyright infringement can be found in Section 11 which describes our Notice and Procedure for Making Claims of Copyright Infringement.
8. PROHIBITED CONTENT AND PROHIBITED ACTIVITY
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the ADIO Network (“Prohibited Content”). HollywoodOmniBook.com reserves the right to investigate and take appropriate legal action against anyone who, in HollywoodOmniBook.com's sole discretion, violates this provision, including without limitation, removing the Prohibited Content from the ADIO Network and terminating the Membership of such violators. HollywoodOmniBook.com assumes no responsibility for monitoring the ADIO Network for Prohibited Content. If at any time HollywoodOmniBook.com chooses, in its sole discretion, to monitor the ADIO Network, HollywoodOmniBook.com nonetheless assumes no responsibility for Prohibited Content, no obligation to modify or remove any Prohibited Content, and no responsibility for the conduct of the User submitting any Prohibited Content. Prohibited Content includes, but is not limited to Content that, in the sole discretion of ADIO:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," unsolicited mass mailing, instant messaging, "spimming," "spamming” or materials that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant HollywoodOmniBook.com all of the license rights granted herein;
15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; or
16. affects us adversely or reflects negatively on us, the ADIO Network, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else, or discourages any person, firm or enterprise from using all or any portion, features or functions of the ADIO Network, or from advertising, linking or becoming a supplier to us in connection with the ADIO Network
The following is a partial list of the kind of activity that is prohibited on or through the ADIO Network (“Prohibited Activity”). HollywoodOmniBook.com reserves the right to investigate and take appropriate legal action against anyone who, in HollywoodOmniBook.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited Activity includes, but is not limited to:
a) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
b) advertising to, or solicitation of, any Member to buy or sell any products or services through the ADIO Network. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the ADIO Network in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, HollywoodOmniBook.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which HollywoodOmniBook.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the ADIO Network, you acknowledge that you will have caused substantial harm to HollywoodOmniBook.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay HollywoodOmniBook.com $50 for each such unsolicited email or other unsolicited communication you send through the ADIO Network;
c) altering, deleting or concealing any copyright or other notices contained on the ADIO Network or covering or obscuring the banner advertisements on your personal profile page, or any HollywoodOmniBook.com page via HTML/CSS or any other means;
d) activity involving the use of any computerized or automatic mechanism, including without limitation, any web scraper, spider or robot, to access, extract or download any Content from the ADIO Network, unless you are expressly authorized to do so by ADIO;
e) any automated use of the system, such as using scripts to add friends or send comments or messages;
f) interfering with, disrupting, or creating an undue burden on the ADIO Network or the networks or services connected to the ADIO Network;
g) forging any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;
h) attempting to impersonate another Member or person;
i) using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
j) selling or otherwise transferring your membership or registration;
k) using any information obtained from the ADIO Network in order to harass, abuse, or harm another person;
l) accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the ADIO Network on behalf of that person; or
m) using the ADIO Network in a manner inconsistent with any and all applicable laws and regulations.
9. REVIEW AND MODIFICATION OF CONTENT
In addition to any review and modification of Prohibited Content, HollywoodOmniBook.com reserves the right to review and modify, remove, or block any Content posted on HollywoodOmniBook.com as deemed appropriate and necessary by HollywoodOmniBook.com, at our sole discretion. Modification of Content includes updates to or removal of posted text, photos and other images, web links, and categories. HollywoodOmniBook.com assumes no responsibility for monitoring the ADIO Network for Content. If at any time HollywoodOmniBook.com chooses, in its sole discretion, to monitor the ADIO Network, HollywoodOmniBook.com nonetheless assumes no responsibility for Content, no obligation to modify or remove any Content, and no responsibility for the conduct of the User submitting any Content. Content subject to modification, removal, or blocking includes, but is not limited to Content that, at the sole discretion of ADIO:
1. includes links to web pages or sites which return errors such as "not found", "error 500", or other browser display or render errors or problems.
2. includes links to web pages or sites determined by recognized anti-virus and monitoring providers or ADIO to pose a threat to site visitors.
3. is deemed inappropriate or ill-fitting for HollywoodOmniBook.com, including Content which is not related to or of value to our Hollywood-related community.
4. is listed in categories not matching or appropriate to the Content.
5. is an exact duplicate or is substantially similar to one or more other listings such that we determine the Content to be duplicated.
HollywoodOmniBook.com reserves the right to remove the membership of members whose Content has been determined to be inappropriate or erroneous.
11. CLAIMS OF COPYRIGHT INFRINGEMENT AND OTHER VIOLATIONS
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of HollywoodOmniBook.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to HollywoodOmniBook.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the ADIO Network in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the ADIO Network; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. HollywoodOmniBook.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: by mail at Copyright Agent, HollywoodOmniBook.com, c/o ADIO Turning Point, Inc., 2554 Lincoln Blvd, Suite 401, Marina Del Rey, CA 90291; and by email at: CustomerREMOVETHISTEXTCare@hollywoodomnibook.com.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR EMAIL ABUSE, etc.) TO THE COPYRIGHT AGENT, AS THEY WILL NOT BE RESPONDED TO.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners ("Advertisers") as a result of or in connection with your use of the ADIO Network. All such communication, interaction and participation is strictly and solely between you and the Advertiser involved and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
You should assume that the owner of this website is an affiliate for providers of goods and services mentioned on this website and may be compensated when you purchase from a provider.
13. MEMBER DISPUTES
You are solely responsible for your interactions with other HollywoodOmniBook.com Members. HollywoodOmniBook.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
15. HYPERLINKS TO THIRD PARTY SITES
16. DISCLAIMER AND LIMITATIONS OF LIABILITY
HollywoodOmniBook.com is not responsible for any incorrect or inaccurate Content posted on or in connection with the ADIO Network, whether caused by Users of the ADIO Network or by any of the equipment or programming associated with or utilized in the ADIO Network. Profiles created and posted by Members on the ADIO Network may contain links to other websites. HollywoodOmniBook.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by HollywoodOmniBook.com. Inclusion of any linked website on the ADIO Network does not imply approval or endorsement of the linked website by HollywoodOmniBook.com. When you access these third-party sites, you do so at your own risk. HollywoodOmniBook.com takes no responsibility for third party advertisements which are posted on this ADIO Network, nor does it take any responsibility for the goods or services provided by its advertisers. HollywoodOmniBook.com is not responsible for the conduct, whether online or offline, of any User of the ADIO Network.
HollywoodOmniBook.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. We are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the ADIO Network. THE ADIO NETWORK AND ALL SERVICES, FEATURES, FUNCTIONS, CONTENT, PRODUCTS AND CAPABILITIES ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND. IN ADDITION, HOLLYWOODOMNIBOOK.COM MAKES AND PROVIDES NO GUARANTY OR ASSURANCE THAT THE ADIO NETWORK OR ANY CONTENT WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL SERVICES, PRODUCTS, FEATURES, FUNCTIONS, PRODUCTS, CONTENT OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR AT ANY PARTICULAR TIME OR TIMES.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU ARE ASSUMING THE ENTIRE RISK OF USING THE ADIO NETWORK AND THAT IN NO EVENT SHALL ADIO OR ITS RESPECTIVE SUCCESSORS AND ASSIGNS, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE ADIO NETWORK OR RELATED TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HOLLYWOODOMNIBOOK.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDELESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HOLLYWOODOMNIBOOK.COM FOR USE OF THE ADIO NETWORK DURING THE TERM OF MEMBERSHIP.
HollywoodOmniBook.com makes no representation that any Content is legal or appropriate for use outside of the United States or that it is authorized for export from the United States or for import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States from which you may access the ADIO Network.
You agree to indemnify, defend and hold HollywoodOmniBook.com and its respective officers, directors, members, employees, agents, licensors, representatives, Advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or resulting from your Postings or any Content you provide, submit or make available on or through the ADIO Network or your unauthorized use of any Content.
HollywoodOmniBook.com reserves the right to assume, the defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with HollywoodOmniBook.com in the defense of any such claim, action, settlement or compromise negotiations, as requested by HollywoodOmniBook.com.
18. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
This Agreement and your use of the ADIO Network shall be governed by, construed and enforced in accordance with the substantive laws of the State of California applicable to contracts made, executed and wholly performed in that State, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the County of Los Angeles in the State of California and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that HollywoodOmniBook.com has the right to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
EITHER HOLLYWOODOMNIBOOK.COM OR YOU MAY DEMAND THAT ANY DISPUTE BETWEEN HOLLYWOODOMNIBOOK.COM AND YOU ABOUT OR INVOLVING THE ADIO NETWORK MUST BE SUBMITTED TO BINDING ARBITRATION TO BE CONDUCTED PURSUANT TO THE RULES AND REGULATIONS RELATING TO COMMERCIAL DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN THE COUNTY OF LOS ANGELES IN THE STATE OF CALIFORNIA, PROVIDED THAT THE FORGOING SHALL NOT PREVENT HOLLYWOODOMNIBOOK.COM FROM SEEKING, INJUNCTIVE RELIEF IN A COURT OF COMPETANT JURISDICTION (OR OF THAT COURT ORDERING INJUNCTIVE RELIEF).
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE ADIO NETWORK OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
19. ENTIRE AGREEMENT/MODIFICATION.
This Agreement is accepted upon your use of any of the ADIO Network and is further affirmed by you becoming a Member. This Agreement, including any documents incorporated by reference, constitutes the entire agreement between you and HollywoodOmniBook.com regarding the use of the ADIO Network. Other than as specified in this Section 21, this Agreement cannot be modified. We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We may, but are not required to, post or display notices of material changes on the ADIO Network and we may, but are not required to, also e-mail you about these changes. Once we post them on the ADIO Network, these changes become effective immediately and if you use the ADIO Network after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. As you can appreciate, we must also reserve the right to change, modify, withdraw, suspend or even permanently discontinue all or any portions of the ADIO Network at any time, without any liability or obligation to you, with or without notice.
The failure of HollywoodOmniBook.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. HollywoodOmniBook.com is a trademark of ADIO Turning Point, Inc. This Agreement may not be transferred or assigned by you, but may be freely transferred or assigned by HollywoodOmniBook.com. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the ADIO Network, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
Please contact HollywoodOmniBook.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.