New Hollywood

Introduction

Welcome! You have reached a website provided by New Hollywood and/or its designees, affiliates, related entities, divisions, subsidiaries, and/or parent companies (collectively, as applicable, "Company," "we," "our," or "us"). Please read these terms carefully. These Terms of Use ("Terms of Use" or "Terms") govern newhollywood.com, its subdomains, and any portal or other site owned or operated by Company (each, a "Site"), any application owned or operated by Company (each, an "App"), and any products, goods, events, interactive features, or other services provided by Company, including without limitation ScriptBox, Scriptini, SUDOCUT, and Auditioner (collectively with any Site or App, the "Services"). Company is a platform intermediary - not a producer, agent, manager, or legal representative of any party. By accessing or viewing a Site, contacting us to inquire about our Services, visiting our locations, or participating in or otherwise using any Services, you agree to these Terms of Use. These Terms form a contract between you and Company, and if you are using the Services on behalf of a company or organization, you represent and warrant that you have the authority to bind such company or organization to these Terms and such company or organization will also be considered a party to these Terms. Please note that these Terms contain an Arbitration Provision and a Waiver of Jury Trial and Class Action.

From time to time, Company may decide to modify, add, or delete portions of these Terms and will post those changes here. If Company does so, Company will update the "Last Updated" date at the top of these Terms. For material changes, Company will provide you with advance notice prior to the changes becoming effective, such as by posting a prominent notice on the Services or by sending you an email. Your continued use of the Services after any such changes have been made means you agree to such changes. If you do not agree to the changes, you must stop using the Services. The amended Terms will automatically be effective when posted on this Site. In addition, Company reserves the right to change and improve the features and functionality of the Services at any time, which includes adding, modifying, or removing features and functionality of the Services, or updating how our Services are provided. Company further reserves the right to suspend or terminate the Services for any reason or at any time.

By continuing to use the Services after these Terms become effective, you agree that these Terms apply to your use of the Services, including any Submitted Material or other content you submitted prior to the effective date of these Terms. If you do not agree to these Terms, you must discontinue your use of the Services.

Privacy Policy

At Company, we are committed to privacy and security, and to providing the best possible user experience for our users. Please view our Privacy Policy, which explains our practices relating to the collection and use of your information through or in connection with the Services. Our use of your information is always governed by our Privacy Policy, which is incorporated into these Terms by reference. For material changes to our Privacy Policy, Company will provide you with advance notice prior to the changes becoming effective. You understand that through your use of the Services, you acknowledge the data practices described in our Privacy Policy. Our Privacy Policy provides information about your privacy rights and choices, including any rights you may have under applicable privacy laws such as the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), and similar state privacy laws. Company does not use your submitted content - including scripts, footage, audition tapes, storyboards, or any other user-generated content - to train, fine-tune, or improve its AI models. Submitted material is processed solely to generate the requested output and is not retained for any purpose other than providing the requested output and maintaining submission records for audit and verification purposes.

By using our Services, you agree that Company may communicate with you electronically regarding your use of the Services and that any notices, agreements, disclosures, or other communications that Company may send to you electronically will satisfy any legal communication requirements, including any requirement that the communications be in writing. You agree that all communications that Company provides to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent from receiving electronic notices, please notify us at info@newhollywood.com; however, withdrawing consent may limit your ability to use certain Services.

Proprietary Policy

You acknowledge that the Services contain content that is protected by copyrights, trademarks, service marks, trade dress, patents, moral right, or other proprietary rights ("Content"), and that these rights are valid and protected in all forms, media, and technologies existing now and hereafter developed. You also acknowledge that unless otherwise provided in these Terms or otherwise indicated on the Services, Company or its licensors own all Content on the Services, including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, "look and feel," and arrangement of such Content. Your use of the Services shall not grant you any claim of ownership over any Content, and you agree to comply with all applicable copyright and trademark laws. You may not modify, transmit, participate in the sale of or transfer of, or create derivative works based on any Content, in whole or in part. You may print copies of the Content, provided that these copies are made only for personal, non-commercial use, and provided that you maintain any notices contained in the Content, or maintained by the applicable licensor or author, such as all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. You may not store electronically any significant portion of any Content from the Services. The use of Content from the Services on any other site, including by linking or framing, or in any networked computer environment, for any purpose, is prohibited without Company's prior written approval.

We grant you a limited, non-exclusive, revocable, non-transferable, non-assignable, non-sublicensable license to access and make personal use of the Services solely as permitted by the tools, products, services, functionalities, and/or features of the Services, or as expressly permitted by us in connection with your use of the Services and as provided herein, subject in all respects to these Terms, and not for redistribution of any kind (the "License"). This License does not include any resale or commercial use of the Services, Content, or any derivative use of the Services or Content. All rights not expressly granted to you in these Terms are reserved and retained by Company.

Your use of the Services shall not grant you any claim of ownership over any Content, except as otherwise expressly set forth in any separate written agreement between you and Company in connection with the Services.

For permission to use Content from the Services or from marketing material authored and distributed by Company, you must request written permission in advance and provide full attribution. Permission should be requested by contacting info@newhollywood.com.

Account Creation; Risk of Loss

To access and use certain Services, we may require you to register for an account ("Account"). You agree to create only one (1) unique Account and that you shall be the sole authorized user of your Account. You agree to provide accurate, current, and complete information during the registration process, and to update such information to keep it accurate, current, and complete. You must be at least 18 years of age to create an Account or use the Services. If you create an Account, you are responsible for maintaining the confidentiality of your password and other Account credentials, and for restricting access to your computer or other device, and you agree to accept responsibility for all activities that occur under your registration, username, password, and/or Account, even if such activities were not committed by you. We therefore urge you not to share your Account credentials with anyone. If you become aware of any unauthorized use of your Account, you agree to notify us immediately. We may, in our sole discretion, terminate your password, Account (or any part thereof), or use of the Services at any time and for any or no reason. Company will not be liable to you or any third party for any termination of your access to the Services. If your status as a user of the Services is terminated, you will (i) stop using the Services and any information obtained from the Services, and (ii) destroy all copies of your Account password and other information, and any information obtained from the Services.

You understand and agree that Company may from time to time place limits on the number of devices that can be logged in to the same Account at the same time, in order to protect the security of your Account and prevent fraud, security incidents, or other malicious activity under your Account. The specific limitation on the number imposed, if any, will be determined by Company in its sole discretion. If you log in to the same Account across multiple devices exceeding the aforesaid restriction, we may take measures to verify your identity depending on the circumstances. If you fail this verification, we may refuse to provide further services for your Account.

Use of Account and Services; Prohibited Actions

The Services may include features that allow registered users to create a profile showcasing the user and their abilities and professional experience, display contact information so that they may be contacted by other users, and connect with other registered users. Those who have not registered may still access certain parts of the Services. The Services may include records of information ("Records"), which may include personal information, as part of user profiles or as resources. Records may be listed by Company or by a user and may be revised or updated by Company or a user. Company cannot guarantee the accuracy of any such Records as of any particular time, and you rely on any such Records at your own risk. You may only use Records in connection with legitimate professional purposes and may not use Records to send mass mailings or unsolicited material, or to spam any individuals or businesses. Such prohibited actions may be a violation of law and of these Terms, with ensuing legal consequences. Company reserves the right to refuse service, cancel service orders, terminate Accounts, or remove or edit content, in its sole discretion. You agree, represent, and warrant that you will provide us with true, current, complete, and accurate information in connection with your use of the Services. You also represent that you are using your Account for a lawful purpose - you may not use your Account or the Services for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and/or criminal liability. You also agree to notify us immediately of any unauthorized access to or use of your Account.

You agree not to access any Site by any means other than through a commercially available web browser or our official Apps. You are not permitted to upload material onto any Site or App that you should know or do know infringes on the intellectual property rights of others, and you may not upload material that places unnecessary load so as to affect the performance of any Site or App, or Company systems and equipment. You may not use the Services in a manner that could block access to, impair, damage, or otherwise disable Company or any of our servers. You may not attempt to gain unauthorized access to the Services or to any other user's accounts, computer systems, or networks through password mining, keystroke logging, hacking, or any other means. You may not use any automated system, including without limitation "robots," "spiders," "scrapers," or "offline readers," to access the Services in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time using a conventional web browser, except that Company grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Services for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files, or any other material or software that may damage the operation of another computer or other device. Any and all materials uploaded are subject to applicable federal, state, and international laws.

You may not use, transfer, distribute, or dispose of the Services, Content, or any other materials in any manner that could compete with the business of Company. You may not cause or induce any third party to engage in any of the restricted activities described in these Terms. The License granted to you terminates automatically upon any unauthorized use of the Services or Content, and Company will take appropriate investigative and legal action for any illegal or unauthorized use of the Services or Content.

Security

Violating the security of the Services is prohibited and may result in criminal and civil liability. We may investigate incidents involving such violations and may involve, and will cooperate with, law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site or other Services or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, email header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.

Submitted Materials

Please note that the transmission of confidential, sensitive, privileged, and/or financial information via email is not secure. Any confidential or personal information requested by Company should be submitted securely, via a secure file upload portal or similar secure application. If you have any concerns about the transmission of such information, please contact us at info@newhollywood.com.

The Services include AI-powered tools that generate script coverage, storyboards, animatics, video edits, and other outputs ("AI Outputs"). Certain Services, including Auditioner, may utilize AI-generated avatars or digital representations to serve as reading partners or scene partners in audition recordings ("AI Avatars"). If you use AI Avatars in audition footage that you intend to submit to third-party casting directors or production companies, you are solely responsible for disclosing to the recipients that such footage contains AI-generated performance elements. Company makes no representations regarding compliance with any guild or union requirements relating to AI-generated performances, and you acknowledge that such requirements may apply to your use of AI Avatars. Certain uses of the Auditioner service, including the submission of audition footage containing AI Avatars to third parties, may require acceptance of a separate Audition Release / Consent Agreement, which will govern such submissions in addition to these Terms. You acknowledge and agree that: (a) AI Outputs and AI Avatars are generated entirely by artificial intelligence without human review before delivery; (b) AI Outputs are provided for informational and creative development purposes only and should not be relied upon as a sole source of truth or factual information, or as a substitute for professional advice; (c) you must evaluate AI Outputs for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing AI Outputs; (d) Company makes no representations or warranties regarding the accuracy, completeness, or fitness for any particular purpose of any AI Outputs or AI Avatars; (e) you must not use any AI Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them; and (f) you assume all risk associated with your use of or reliance on any AI Outputs or AI Avatars. Company shall not be liable for any decisions made or actions taken based on AI Outputs or AI Avatars.

Unless specifically requested, Company does not wish to receive any confidential, proprietary, or trade secret information from you via the Services (including via contact email made available on any Site or App). By submitting any scripts, footage, audition tapes, storyboards, reference images, or other creative materials to the Services (collectively, "Submitted Material"), you represent and warrant that: (a) you are at least eighteen (18) years of age; (b) you own or have all necessary rights, licenses, and permissions to submit such material, or have obtained all necessary rights, licenses, consents, and releases from the owner(s), including without limitation any rights required to use third-party footage, stock footage, licensed clips, dailies, or other materials incorporated into your submission; (c) such material does not infringe or violate any third party's copyright, trademark, trade secret, right of publicity, right of privacy, or any other intellectual property or proprietary right; (d) you have obtained all necessary releases and consents from any individuals whose likeness, image, or voice appears in such material, including without limitation any performer, actor, or other individual appearing in audition footage or video submissions, and if any such individual is a minor, you have obtained the written consent of a parent or legal guardian; (e) if you appear in any video or audition footage you submit, you consent to the recording, reproduction, processing, and use of your own image, likeness, and voice in connection with the Services; (f) such material complies with all applicable laws, including any applicable guild or union agreements; (g) no rights in such material have previously been granted to anyone nor has the material otherwise been exploited in any way; (h) there are no liens, encumbrances, pending or threatened actions, suits, or other claims concerning such material; and (i) you have not utilized any artificial intelligence or procedural intelligence (including, without limitation, ChatGPT or any analogous or similar tool, software, or technology) in connection with the creation of the material, except as expressly disclosed to Company at the time of submission. You agree to indemnify and hold harmless Company from any claims arising from your breach of these warranties. Certain submissions and uses of the Services may require acceptance of additional terms, including: (i) script submissions to ScriptBox require acceptance of the Submission Release Agreement; (ii) use of Scriptini requires acceptance of the Scriptini Terms of Use; (iii) use of Auditioner, including submission of audition footage to third parties, may require acceptance of the Audition Release / Consent Agreement; and (iv) use of SUDOCUT may require acceptance of separate terms governing video editing submissions. Such additional terms will govern the applicable submissions or uses in addition to these Terms.

You retain all ownership rights in your Submitted Material. Company acquires only a limited, non-exclusive, royalty-free license to reproduce, process, and analyze your Submitted Material solely as necessary to provide the Services you have requested, including processing through AI tools to generate the requested output (such as AI-generated coverage). This license terminates upon your written request for deletion of the Submitted Material from Company's systems, subject to Company's reasonable data retention policies. Company maintains timestamped records of all submissions. Company does not use Submitted Material to train, fine-tune, or improve its AI models.

If you post comments, reviews, ratings, or other feedback on any Site or App or on Company's social media pages (collectively, "User Feedback"), you grant Company a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, fully transferable and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Feedback in any media, and to use the name or username you submit in connection with such User Feedback. You represent and warrant that you have all rights necessary to grant this license and that your User Feedback does not violate any third party's rights. Company may, but is not obligated to, monitor, edit, or remove any User Feedback for any reason. You shall not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Feedback.

You acknowledge and agree that Company shall have no obligation of any kind with respect to any Submitted Material that: (a) is not protected under applicable copyright, trademark, trade secret, or other intellectual property laws; (b) was not created by you or is not owned by you; (c) is substantially similar to material previously or currently under consideration by Company, or material that has been independently created by or for Company; (d) was in Company's possession prior to your submission; (e) becomes publicly available through no fault of Company; or (f) is or becomes available to Company from a source other than you without breach of any confidentiality obligation (collectively, "Unprotected Material"). You agree that Company may freely use, develop, produce, and exploit Unprotected Material without any obligation, liability, or compensation to you, and you waive any claim (including, without limitation, any implied-in-fact contract, quasi-contract, or idea-submission claim) arising from Company's use of Unprotected Material. The existence of any similarity between any project developed, produced, or exploited by Company and any Submitted Material shall not give rise to any inference of copying, misappropriation, or breach.

If you use AI tools to assist in creating any Submitted Material, including but not limited to scripts, you must disclose such AI use at the time of submission through the designated disclosure mechanism provided on the platform. If you are a current member of any guild or union (including, without limitation, the Writers Guild of America or SAG-AFTRA), you must disclose the same to Company at the time of submission. Failure to make required disclosures may result in rejection of your submission or termination of your Account.

You shall at all times keep confidential, and shall not use in any manner that is detrimental to Company or its interests, the following: any non-public information relating to any project being developed, produced, or exploited by Company (including, but not limited to, plots, stories, characters, dialogue, budgets, salaries, development plans, marketing plans, costs, and other financial information), and all other information relating to Company and/or the business of Company (collectively, "Confidential Information"). You shall have a continuing duty to not disclose any Confidential Information to any person or entity in any manner, except as expressly authorized by Company in writing or as required by law. Notwithstanding the foregoing, your incidental, truthful, and non-disparaging reference solely to your submission of Submitted Material will not be deemed a breach of this provision. This confidentiality obligation shall survive any termination of these Terms.

If you wish to purchase any product, license, or service made available through any Site, App, or other Services (each, a "Company Product," and collectively, "Company Products"), you may be required to provide certain information related to your purchase (each such purchase, a "Transaction"), including, without limitation, your method of payment and your billing address. You represent, warrant, and agree that (i) you have the right to use any payment method(s) utilized in connection with any Transaction, (ii) you shall pay all charges that may be incurred by you or on your behalf through the Services at the price(s) in effect when such charges are incurred, and (iii) you shall pay any and all taxes, late fees, and other fees that may apply to your Transaction(s). Verification of information may be required prior to the acknowledgment or completion of any Transaction. We may use service providers to facilitate or fulfill any Transaction. We reserve the right to impose conditions on the honoring of any coupon, promotional code, or similar promotion, and preclude any user from making or completing any Transaction.

The availability, prices, features, uses, and restrictions of Company Products are subject to change at any time with or without notice. The mention or inclusion of any Company Product on any Services does not imply or warrant that that Company Product will be available. Even with our efforts to describe and portray Company Products accurately on the Services, certain Company Products may be mispriced, represented inaccurately, or unavailable. We cannot and do not guarantee the accuracy or entirety of any information, including, without limitation, pricing, product, license, and service descriptions, and availability. We reserve the right to refuse or cancel any order for any reason, including, without limitation, inaccuracies, errors in product, license, or pricing information, order limitations, or problems with any information supplied in connection with any Transaction. The receipt of an order confirmation from us does not constitute our acceptance of an order or our confirmation of an offer to provide a Company Product. We reserve the right to cancel any orders containing use, restriction, pricing, or availability errors, without any further obligation to you except as expressed herein, even following your receipt of an order confirmation. If we cancel your order after you have remitted payment, you will be issued a refund for the amount(s) received, as applicable.

Certain Company Products may require paid subscriptions and the acceptance of additional terms to access. By signing up for a subscription, you agree that your subscription will be automatically renewed and, unless you cancel your subscription, you authorize us to charge your payment method the applicable rate disclosed to you for the renewal term. We may retry or permit the applicable service provider to retry billing your payment method after a failed attempt to process payment. It is your responsibility to update and maintain the payment method associated with your subscription. We may pursue or permit a third party to pursue any amounts you fail to pay in connection with your subscription. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you. We may change our subscription prices from time to time. If we increase our subscription prices, we will give you advance notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase. You may cancel your subscription through your Account settings page, or if you obtain your subscription through a third-party service provider, you will need to cancel your subscription directly with that service provider in accordance with your agreement with that service provider. When your subscription is canceled, you will not receive a prorated refund, but you will continue to have access to the applicable Company Products until the end of the term during which you canceled the subscription. Except as otherwise agreed by us in writing, all Transactions are final and any Company Products provided by the Services are not eligible for any return, refund, or exchange.

Third-Party Websites

Certain Services facilitate connections between users, including writers, filmmakers, actors, and production companies. The platform facilitates these connections and provides tools; it does not guarantee any outcomes, including but not limited to script sales, production deals, casting decisions, or employment opportunities. Company is not a producer, agent, manager, talent agency, or legal representative of any party. Any arrangements made between users are solely between those users and are not binding on Company. You acknowledge that you proceed with any such connections and arrangements at your own risk.

The Services may also integrate with or be accessed through third-party platforms, including social media sites, application stores, and other services. Your use of such platforms is subject to their respective terms and conditions and privacy policies, which you should review before using. Company is not responsible for any acts or omissions of such third-party platform providers. Certain features of the Services utilize third-party AI models and APIs. Company is not responsible for the performance, availability, or output of such third-party services.

Company disclaims all liability for any communications directed to you from any third party directly or indirectly in connection with the Services ("Third-Party Communications") that you may receive and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. Company assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communications. By using the Services, you expressly relieve and hold Company harmless from any and all liability arising from your use of any Third-Party Communications, including any loss or damage incurred as a result of any dealings between you and any third parties.

Any Site or App may contain links to third-party websites that take you outside of the Services ("Linked Sites"). We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for the content of such Linked Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, currency, or completeness of such content) on any Linked Sites. When you follow a link to another website, that website will be governed by different terms of use and a different privacy policy. You should be sure that you read and agree to those policies. Your correspondence or business dealings with, or participation in promotions of, third-party advertisers or other third parties found on or throughout the Services, including, without limitation, with respect to the payment and delivery of related products or services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third parties and are not binding on us. You agree that we are not responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs, or expenses of any nature or kind incurred as the result of any such dealings or as the result of the presence of such third parties on the Services, and you agree to indemnify us from and against any claims or actions incurred as the result of any such dealings.

Indemnification

You agree to defend, indemnify, and hold harmless Company, its affiliates, related entities, divisions, subsidiaries, and/or parent companies, and each of the foregoing's successors, assigns, and licensees, and the shareholders, members, officers, directors, employees, contractors, representatives, and agents of any and all thereof, from and against any claims, actions, costs, expenses, judgments, losses, damages, fines, penalties, or other liabilities in any way associated with: (i) your use of and access to the Services; (ii) your breach of any representation, warranty, or agreement made by you under these Terms; and/or (iii) your violation of any third party's right(s) including any copyright, trademark, trade secret, privacy, publicity, or other right related to your Submitted Material (as applicable) or use of the Services.

Disclaimers

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. COMPANY MAKES NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY, OR CURRENCY OF ANY INFORMATION ON ANY SITE, APP, OR OTHER SERVICES. THE CONTENT AND INFORMATION FOUND ON ANY SITE, APP, OR OTHER SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR THE PRODUCTS, INFORMATION, OR OTHER SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICES AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR EMAILS, ANY APP, OR ANY SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, COMPANY'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. COMPANY DOES NOT RECOMMEND OR ENDORSE ANY PARTICULAR CONTENT OR SPECIFIC USERS OR PARTICULAR CONNECTIONS BETWEEN USERS. COMPANY IS LIKEWISE NOT RESPONSIBLE FOR ANY INTERACTIONS BETWEEN USERS OR OTHERS THAT OCCUR OUTSIDE OF THE SERVICES, WHETHER ONLINE OR IN PERSON. IN ALL SUCH CONNECTIONS AND INTERACTIONS, EACH USER AGREES THAT THEY PROCEED AT THEIR OWN RISK.

FOR THE AVOIDANCE OF ANY DOUBT, COMPANY MAKES NO REPRESENTATION AS TO THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY AI OUTPUTS. ALL AI OUTPUTS ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING OUT OF OR RELATED TO THE USE OF OR RELIANCE UPON AI TOOLS OR AI OUTPUTS, INCLUDING BUT NOT LIMITED TO ANY LOSS OR DAMAGE INCURRED, OR BUSINESS DECISION MADE, IN RELIANCE ON AI TOOLS OR AI OUTPUTS.

Limitation of Liabilities

EXCEPT AS OTHERWISE EXPRESSLY AGREED BY YOU AND COMPANY IN WRITING, IN THE EVENT OF ANY BREACH OR ALLEGED BREACH BY COMPANY, YOUR RIGHTS AND REMEDIES SHALL BE STRICTLY LIMITED TO THE RECOVERY OF ACTUAL MONETARY DAMAGES, IF ANY, IN AN ACTION AT LAW, AND YOU HEREBY WAIVE ANY RIGHT OR REMEDY IN EQUITY, INCLUDING, WITHOUT LIMITATION, ANY RIGHT TO (I) TERMINATE OR RESCIND ANY RIGHTS GRANTED TO COMPANY HEREUNDER, (II) SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF WITH RESPECT TO ANY BREACH OR ALLEGED BREACH BY COMPANY, AND/OR (III) REVOKE, ENJOIN, RESTRAIN, OR OTHERWISE IMPAIR IN ANY MANNER THE EXERCISE OF ANY OF THE RIGHTS HEREIN GRANTED, AND/OR THE DEVELOPMENT, PRODUCTION, BROADCAST, DISTRIBUTION, EXHIBITION, OR OTHER EXPLOITATION OF ANY PROJECT, ANY WORK BASED ON ANY SUBMITTED MATERIAL, OR ANY ELEMENT OF THE FOREGOING.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: IN NO EVENT WILL COMPANY (OR ITS AFFILIATES, RELATED ENTITIES, DIVISIONS, SUBSIDIARIES, JOINT VENTURES, OR PARENT COMPANIES, OR ITS AND THEIR SUCCESSORS, ASSIGNS, AND LICENSEES, OR THE SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AND AGENTS OF ANY AND ALL THEREOF) BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE USE OR INABILITY TO USE ANY SITE, APP, CONTENT, OR OTHER SERVICES, OR THE SUBMISSION, REVIEW, OR USE OF ANY SUBMITTED MATERIAL, INCLUDING ANY LOSS OF REVENUE, PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY'S AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS AFFILIATES, RELATED ENTITIES, DIVISIONS, SUBSIDIARIES, JOINT VENTURES, AND/OR PARENT COMPANIES, AND/OR ITS AND THEIR SUCCESSORS, ASSIGNS, AND LICENSEES, AND/OR THE SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AND/OR AGENTS OF ANY AND ALL THEREOF) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR ANY SITE, APP, OR OTHER SERVICES (WHETHER IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE AMOUNTS PAID BY YOU TO COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IF YOU ARE A CONSUMER RESIDING IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND, OR THE UNITED KINGDOM, NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE MANDATORY CONSUMER PROTECTION LAWS, INCLUDING BUT NOT LIMITED TO LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE LAWFULLY EXCLUDED. TO THE EXTENT THAT MANDATORY CONSUMER PROTECTION LAWS IN YOUR JURISDICTION PROVIDE YOU WITH RIGHTS THAT CANNOT BE WAIVED BY CONTRACT, THOSE RIGHTS SHALL APPLY NOTWITHSTANDING ANY CONTRARY PROVISION IN THESE TERMS, INCLUDING ANY ARBITRATION, CLASS ACTION WAIVER, LIABILITY LIMITATION, OR WAIVER OF EQUITABLE RELIEF PROVISIONS. IN SUCH JURISDICTIONS, COMPANY'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, WITH RESPECT TO ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO ANY SUBMITTED MATERIAL, COMPANY'S AGGREGATE LIABILITY SHALL NOT EXCEED AN AMOUNT EQUAL TO THE FAIR MARKET VALUE OF THE SUBMITTED MATERIAL.

Release

Except as otherwise agreed by you and Company in writing, you hereby release Company (and its affiliates, related entities, divisions, subsidiaries, joint ventures, and parent companies, and each of the foregoing's successors, assigns, and licensees, and the shareholders, members, officers, directors, employees, contractors, representatives, and agents of any and all thereof) from any and all actions, claims, demands, liabilities, and damages (actual and consequential) of every kind and nature, known and unknown, that may arise in relation to the AI Tools, the AI Outputs, or any Submitted Material. If you have a dispute with one or more users of the Services, you release Company (and its affiliates, related entities, divisions, subsidiaries, joint ventures, and parent companies, and each of the foregoing's successors, assigns, and licensees, and the shareholders, members, officers, directors, employees, contractors, representatives, and agents of any and all thereof) from actions, claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any such dispute. You have retained copies of any Submitted Material you have provided, to the extent possible, and you hereby release Company from any and all liability for preservation, return, or loss of, or damage to, any Submitted Material. If you are a California resident, you acknowledge that you have been advised of and are aware that California Civil Code Section 1542 provides in pertinent part as follows: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

You, being aware of said code section and such similar laws, hereby expressly waive any rights you may have thereunder, as well as under any other statutes or common law principles of similar effect.

You waive any right to injunctive or other equitable relief against Company, including, without limitation, any right to rescind or terminate these Terms, or to enjoin the development, production, exhibition, or other exploitation of any project based on any Submitted Material or otherwise produced by Company. Should you assert any action against Company relating to any Submitted Material, your remedies shall be strictly limited to an action at law for damages. A breach of these Terms by you may cause Company irreparable injury and Company will be entitled to seek injunctive and other equitable relief to secure enforcement of these Terms.

Claims of Infringement

Company respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, the text of which may be found on the U.S. Copyright Office website, Company will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent. Company will disable and/or remove access to material claimed to be infringing and will terminate access to the Services for users who are repeat infringers in appropriate circumstances. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Company's Designated Copyright Agent with the following information: Company reserves the right to remove any Content that allegedly infringes another party's trademark or service mark. Company will terminate, in appropriate circumstances, users who are repeat infringers of another party's trademark or service mark. Notices to Company regarding any alleged trademark infringement should be directed to Company via email at info@newhollywood.com.

DMCA Notice of Alleged Infringement ("Notice")

Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the Services.
Provide your mailing address, telephone number and, if available, email address.
Include both of the following statements in the body of the Notice:
- "I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use)."
- "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Company's Designated Copyright Agent.

While Company considers all such notices seriously, you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.

Termination

Company reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms of Use and your access to all or any part of any Site, App, Content, or other Services, at any time and for any reason without prior notice or liability. You may terminate these Terms of Use by discontinuing your access to any Site or App and your use of the Services. Company also reserves the right, in its sole discretion, to cease providing the Services, including, without limitation, any Site or App, at any time.

We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to users' email addresses, usage history, Submitted Material, IP addresses, and traffic information.

The Services may be subject to U.S. export control laws and regulations. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You will not use, export, or allow a third party to use or export any Services in any manner that would violate applicable law, including, but not limited to, applicable export control laws and regulations. You further agree to comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the Services.

Severability

If any provision of these Terms shall be determined to be invalid, illegal, or unenforceable in any jurisdiction for any reason by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, then solely as to that jurisdiction, such provision shall be limited or eliminated to the extent (but only to the extent) necessary to comply with applicable law, and as so modified these Terms shall continue in full force and effect.

Notice of Arbitration Provision and Waiver of Jury Trial and Class Action

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Informal dispute resolution. We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the dispute informally. You agree to do so by sending us notice at info@newhollywood.com describing the dispute and your proposed resolution. We will do so by sending you notice to the email address associated with your Account. If we are unable to resolve a dispute within sixty (60) days, either of us has the right to initiate arbitration as described below. We also both agree to attend an individual settlement conference if either party requests one during this time. Any applicable statute of limitations will be tolled during this informal resolution process.

Any and all disputes relating to or arising from the Terms of Use or the Privacy Policy, including, without limitation, disputes regarding the validity, scope, or enforceability of this arbitration clause, shall be settled by a single arbitrator with at least ten (10) years of entertainment industry experience in arbitration administered by JAMS in accordance with either the JAMS Streamlined (for claims under or equal to US$250,000) or the JAMS Comprehensive (for claims over US$250,000) Arbitration Rules and Procedures, as said rules may be amended from time to time ("JAMS Rules"). The arbitrator shall issue a detailed and reasoned award within thirty (30) days from the date the arbitration hearing concludes. The parties hereby expressly waive any and all rights to appeal, or to petition to vacate or modify, any arbitration award issued in a dispute arising out of these Terms, and any award shall be final, binding, and non-appealable. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be Los Angeles, California, or, at your election, may be conducted telephonically or by videoconference. The arbitration shall be governed by the Federal Arbitration Act ("FAA"). Each party shall bear its own costs and expenses and an equal share of the arbitrator's and administrative fees of arbitration; provided, however, that if you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration will be confidential and conducted in private, and will not be open to the public or media. The parties waive the right to seek punitive damages and the arbitrator shall have no authority to award such damages. The prevailing party in any arbitration shall be entitled to recover its reasonable outside attorneys' fees and costs incurred in connection with the dispute. This agreement to arbitrate is a final and irrevocable waiver of the opportunity to file a lawsuit in court to resolve claims and the right to a jury trial to the fullest extent permitted by law. Arbitration opt-out. You may opt out of this arbitration provision within thirty (30) days of creating your Account by sending written notice to info@newhollywood.com with the subject line "Arbitration Opt-Out." If you opt out, neither you nor Company can require the other to participate in arbitration. If you do not opt out within the thirty (30) day period, you will be bound by this arbitration provision. If we update these arbitration terms, you may opt out of the updated terms within thirty (30) days after the update has taken effect by following the same procedure. If you opt out of an update, the last set of agreed upon arbitration terms will apply. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis and neither you nor Company will seek to have any dispute heard as a class action, collective action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. You should carefully consider this and other provisions of these Terms and Privacy Policy and have the right to consult legal counsel regarding this provision. If there is any conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

General

These Terms of Use will be governed by the laws of the State of California, without reference to its choice of laws rules. The exclusive jurisdiction and venue for any action under these Terms of Use not subject to arbitration will be in the state and federal courts located in Los Angeles County, California. You hereby accept the personal jurisdiction of such courts. You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. Company may assign its rights and delegate its duties under these Terms, in whole or in part, to any person or entity at any time, with or without your consent; upon any such assignment, Company shall be fully released from any and all obligations under these Terms. Nothing in these Terms constitutes a partnership or joint venture between you and Company. Company does not guarantee continuous, uninterrupted, or secure access to any Site, App, or other Services, and operation of any Site, App, or other Services may be interfered with by numerous factors outside of its control. Company's failure to enforce any provisions of these Terms or act with respect to a breach by you or others does not waive our right to enforce any of these provisions or act with respect to subsequent or similar breaches. These Terms of Use, together with any other applicable contracts or click-through agreements you may have entered into regarding any Site, App, or other Services, set forth the entire understanding and agreement between you and Company with respect to the use of the Services, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic). Sections 4 (Proprietary Policy); 8 (Submitted Materials); 10 (Indemnification); 11 (Disclaimers); 12 (Limitation of Liabilities); 13 (Release); 16 (Severability); 17 (Notice of Arbitration Provision and Waiver of Jury Trial and Class Action); and this Section (General) survive any termination or expiration of these Terms. Additionally, any provision that was, by its nature, intended to survive termination of these Terms will so survive. If these Terms are translated into any other languages, in whole or in part, then, in the event of any conflict, the English language version of these Terms shall control.

Accessibility

Company is committed to making the Services accessible to all users, including individuals with disabilities. If you experience any difficulty accessing any part of the Services, please contact us at info@newhollywood.com and we will work with you to provide the information or services you seek through an alternative communication method that is accessible for you, consistent with applicable law.

Contact Us

If you have questions about these Terms or the Services, you may contact Company at info@newhollywood.com. You may also contact us at: