HOLLYWOOD FEED UNLEASHED TERMS AND CONDITIONS

Last Updated: January 9, 2020

  1. INTRODUCTION
    1. These Hollywood Feed UNLEASHED Terms and Conditions (the “Terms”) govern your attendance, participation, or use of any trainings, presentations, or content (collectively, “Content”), whether live or prerecorded, owned, curated, facilitated, coordinated, presented or sponsored by Hollywood Feed, LLC (hereinafter, “Hollywood Feed”), as made available by Hollywood Feed, whether through the Hollywood Feed web site located at https://www.hollywoodfeed.com (“Hollywood Feed Website”), any mobile or other application, via any link or other website, or in-person at Events (defined below), any and all of which shall be referred to herein as the “Hollywood Feed Platform”). Hollywood Feed is willing to provide you with the Content only on the condition that you accept and agree to all of the terms and conditions stated in these Terms as well as with respect to all Content, including, but not limited to, Hollywood Feed Terms of Use (https://www.hollywoodfeed.com/content/termsofuse/), and the terms of the Hollywood Feed Privacy Policy (https://www.hollywoodfeed.com/content/privacypolicy/) applied to the Hollywood Feed Platform, each of which are incorporated into these Terms by this reference.
    2. All references herein to Hollywood Feed or “we,” “us” or “our” mean Hollywood Feed, LLC, its officers, directors, employees, managers, owners, agents, and other representatives, and expressly including its successors and assigns, including but not limited to those which operate the Hollywood Feed Platform and organize Events. All references herein to “User” or “you” refer to any person viewing or using the Content or otherwise participating in Events who is not a presenter (“Presenter”). The right to view or use the Content, or to attend Events, is personal to you and is not transferable to any other person or entity without the express written permission of Hollywood Feed.
  2. THESE TERMS CONTAIN A CLASS ACTION WAIVER, UNDER WHICH YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW.
  3. HOLLYWOOD FEED PLATFORM
    1. The Hollywood Feed Platform enables Hollywood Feed to provide Content to Users, enables Users to view Content, and, enables Users to sign up for in-person trainings, presentations other events (“Events”) organized by Hollywood Feed, Presenters or other third parties (each individually, an “Event Organizer”). The Hollywood Feed Platform includes certain features and functionalities to facilitate coordination by Hollywood Feed and third parties (including, but not limited to, Presenters) of Events which features may include, without limitation, class listings, search functions, Presenter biographies, User reviews, payment processing mechanisms, maps, and other features, at the sole discretion of Hollywood Feed.
    2. Participation and Availability. There are a number of ways to view or use Content or participate in Events. These options consist of different classes, services and features and may be subject to additional and differing conditions, policies and limitations. We reserve the right to modify, terminate or otherwise amend the Content or scheduled Events at any time in our discretion. Hollywood Feed makes no commitment on the quantity, availability, type or frequency at which the Content and/or Events will be available and may modify, discontinue, remove or suspend access at any time and for any reason in our sole discretion.
    3. Registration. To use the Hollywood Feed Platform and Content, or to attend Events, you need to register for an Account (defined below). Follow the steps in Paragraph 4 to register.
    4. As between Hollywood Feed and you, with respect to the Events, Hollywood Feed’s role is solely to facilitate the availability of the Events to Users.
  4. USER ACCOUNT SETUP
    1. To become a User, you must be at least age 18 (or the age of majority in your jurisdiction, whichever is greater) and set up Hollywood Feed UNLEASHED account (“Account”) by creating a user name and submitting your name, email address, telephone number, zip code, and any other information requested by Hollywood Feed. You must submit your information directly to the Hollywood Feed Platform, unless we notify you that other enrollment and log-in options have become available (i.e., enrollment and log-in via social media platforms). Hollywood Feed reserves the right to refuse to permit you to create an Account at its sole discretion, with or without cause.
    2. If you provide any false, inaccurate, untrue, or incomplete information when you set up your Account, we may immediately terminate your access to and use of the Content and/or Events. You are solely responsible for all activities that occur under your Account. It is your responsibility to keep the confidentiality of any username(s) and password(s) associated with your Account. If you become aware of any unauthorized use of your Account, you must notify Hollywood Feed immediately by writing to bark@hollywoodfeed.com . Hollywood Feed will not be liable for any loss or damage arising from the unauthorized access to or use of your Account. Upon termination of these Terms for any reason, Hollywood Feed reserves the rights to disable and/or delete your Account and to prohibit you from setting up subsequent Accounts in the future.
  5. OWNERSHIP; PROPRIETARY RIGHTS
    1. The Hollywood Feed Platform and all Content are owned and operated by Hollywood Feed. Except for intellectual property owned by third-parties and used under license or other permission, the content, recordings, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), or any music, images, video, text, services, and all other material or elements of or available through the Hollywood Feed Platform (“Materials”) are protected by the copyright, trade dress, patent, and trademark laws of the United States and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Hollywood Feed Platform are the copyrighted property of Hollywood Feed or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Hollywood Feed or its affiliates and/or third-party licensors, whether registered or unregistered, and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation, or sponsorship of any person, product or service. Except as expressly authorized by Hollywood Feed, you agree not to sell, license, distribute, copy, modify, download, record, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials and may only access the Materials for your own personal, non-commercial use. In the event that Materials are downloaded to your computer or mobile device, you do not obtain any ownership interest in such Materials. All rights not expressly granted in these Terms are reserved.
    2. By using the Hollywood Feed Platform or attending an Event, you acknowledge that you have read and understood these Terms, and agree to be bound by the terms and conditions herein. If you do not agree to (or cannot comply with) these Terms, do not use the Hollywood Feed Platform and do not attend Events.
    3. You represent, warrant and agree that you are using the Hollywood Feed Platform and any Content therein for your own personal, noncommercial educational use and not for redistribution or transfer of any kind. You acknowledge that you are not employed by, under contract with or an agent of, nor do you own any interest in, any Hollywood Feed competitor (including by way of example and not limitation: PetCo, Pet Supermarket, PetSmart, Petsense, Pet Depot, Tractor Supply, Pet Supplies Plus, Pet Valu, Petland, Bentley’s Pet Stuff, Natural Pawz, Rucker Pet and All About Pets). You agree (1) not to redistribute, broadcast, publicly perform or publicly display any Content, or otherwise transfer any Content obtained through the Hollywood Feed Platform, and (2) you will comply with all applicable laws in your use of the Content.
    4. You understand and agree that the Content may be owned by Hollywood Feed or by third parties. However, in all circumstances, you understand and acknowledge that your rights with respect to Content will be limited by copyright law. Subject to the other provisions of this Section 5, all owners and providers of Content expressly reserve their rights in and to such Content and you are not permitted to infringe the rights of the copyright owner(s) of the Content, including but not limited to any sound recordings or musical compositions.
    5. The owners of the Content are intended beneficiaries of these Terms and shall have the right to enforce these Terms against you.
  6. LICENSE AND RELEASE
    1. In exchange for valuable consideration, the receipt and sufficiency of which you acknowledge, you, on behalf of yourself and your heirs, executors, administrators, and assigns, hereby irrevocably grant to Hollywood Feed, a non-exclusive right and license to Use (as hereinafter defined) the Work (as hereinafter defined) throughout the Universe in perpetuity (the “License"). The “Work” includes the audiovisual work and material consisting of one or more of the following: text, video images, still images and sound, your recorded image (both still and moving), your likeness, the sound of your voice, your pet’s image, your pet’s likeness, and the sound of your pet’s vocalizations, together with all intellectual property associated therewith or embodied therein, and made available to Hollywood Feed by you, all without any additional consideration or payment whatsoever.
    2. You acknowledge that you have the authority to grant the License with respect to all parts or aspects of the Work which you own. “Use” means the right to use, distribute, publicly display, alter, distort, copy, reproduce, exhibit, disseminate and publish the Work, in whole or in part, alone or with other materials, via any means or medium whatsoever, whether now existing or later created, throughout the universe, including without limitation via the internet, radio, television, cable or print media, and in any other setting, public or private, whether for educational, marketing, and/or advertising purposes or any purpose whatsoever. You, on behalf of yourself and your heirs, executors, administrators, and assigns, hereby irrevocably agree: (1) to defend, hold harmless and indemnify Hollywood Feed from and against all claims and expenses whatsoever (including attorneys’ fees and related disbursements) incurred as a result of or arising from Hollywood Feed’s Use of the Work; (2) that Hollywood Feed has no obligation to use the Work; (3) that no further approval is required for Hollywood Feed to Use the Work, that no further consideration will be due to you for Hollywood Feed’s use of the Work; (4) that Hollywood Feed will not be liable to you for any distortion or illusionary effect resulting from its Use of the Work or any part of the Work; (5) that all results and proceeds derived from Hollywood Feed’s Use of the Work are the sole and absolute property of Hollywood Feed in perpetuity; and (6) an electronic signature or other electronic acceptance (e.g., a checked box), or email acknowledgement used to sign or acknowledge this agreement shall have the same force and effect as a written signature.
  7. HOLLYWOOD FEED DISCLAIMERS
    1. Hollywood Feed is committed to making high-quality pet products and services available for you and your pets. However, we are not veterinary professionals or specialists. Accordingly, User acknowledges and agrees that User is using all Content and participating in all Events at User’s own risk. Hollywood Feed encourages you to seek the advice and guidance of a licensed veterinarian in your locale before implementing any change in your pet’s diet, care, or otherwise, and you expressly acknowledge your duty to do so.
    2. HOLLYWOOD FEED IS NOT RESPONSIBLE OR LIABLE FOR ANY NEGATIVE RESULTS OR DAMAGE CAUSED BY ANY USER’S USE OF CONTENT OR PARTICIPATION IN OR ATTENDANCE AT ANY EVENT, INCLUDING, WITHOUT LIMITATION, ANY DEATH, BODILY INJURY, OR HEALTH PROBLEMS, OR ANY OTHER PROBLEM WITH ANY EVENT ORGANIZER OR OTHER PARTICIPANT IN ANY EVENT ORGANIZED THROUGH OR IN CONNECTION WITH THE HOLLYWOOD FEED PLATFORM.
    3. WE EXPRESSLY DISCLAIM ANY AND ALL LIABLITY IN CONNECTION WITH THE FOREGOING.
  8. RELEASE OF LIABILITY AND HOLD HARMLESS
    1. To the extent permitted under applicable laws, you expressly absolve and release Hollywood Feed and its affiliates, officers, directors, employees, agents, volunteers, and other representatives from any liability or claim of harm related to or resulting from (a) any incorrect or inaccurate information about or contained in any Content posted on the Hollywood Feed Platform, whether caused by our error, a third party’s error, or by any of the equipment or programming associated with or utilized in the Hollywood Feed Platform; (b) any injury, loss, or damages caused by any Presenter, any other User, or any Content on or in connection with the Hollywood Feed Platform, whether online or offline; (c) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Hollywood Feed Platform, (d) severe weather, earthquakes or other natural disasters, strikes or other labor problems, wars, or (e) governmental or regulatory restrictions or actions, including any restrictions or actions that may cause modification or cancellation of an Event. NOTE: THIS SECTION SHALL NOT BE CONSTRUED TO RELEASE HOLLYWOOD FEED FROM RESPONSIBILITIES IMPOSED BY, INTER ALIA, TENNESSEE CODE ANNOTATED § 50-6-101, ET SEQ. (“WORKERS COMPENSATION LAW”).
  9. CHANGES TO THESE TERMS
    1. Hollywood Feed reserves the right to make any changes to these Terms at any time with or without advance notice to you. When these changes are made, Hollywood Feed will post the revisions to the appropriate section of the Hollywood Feed Platform for your review. Revised Terms are effective immediately when posted to the Hollywood Feed Platform. It is your responsibility to review the Hollywood Feed Platform periodically to learn of any revisions to these Terms. Your use of Content and/or participation in Events after the posting of such revisions will constitute your acknowledgment and acceptance of the revised Terms.
  10. ADDITIONAL DISCLAIMERS
    1. HOLLYWOOD FEED DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY OF THE CONTENT OR THE EVENTS.
    2. THE HOLLYWOOD FEED PLATFORM AND THE CONTENT AND EVENTS ARE PROVIDED ON AN "AS-IS" AND “AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. HOLLYWOOD FEED MAY MAKE MODIFICATIONS AND/OR CHANGES TO THE HOLLYWOOD FEED PLATFORM AND THE CONTENT AND/OR EVENTS AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE HOLLYWOOD FEED PLATFORM AND THE CONTENT AND EVENTS MADE AVAILABLE BY HOLLYWOOD FEED. NEITHER HOLLYWOOD FEED NOR ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE HOLLYWOOD FEED PLATFORM OR THE CONTENT FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY. NEITHER HOLLYWOOD FEED NOR ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES MAKES ANY REPRESENTATION OR WARRANTY THAT THE HOLLYWOOD FEED PLATFORM OR THE SERVICES WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION. Some jurisdictions do not allow the disclaimer of certain warranties. Accordingly, only the disclaimers which are lawful in your jurisdiction will apply to you, and our liability will be limited to the maximum extent permitted by law.
  11. LIMITATIONS OF LIABILITY
    1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER HOLLYWOOD FEED NOR ITS AFFILIATES, OWNERS, OFFICERS, MANAGERS, EMPLOYEES, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES SHALL BE LIABLE TO YOU FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS LIMITATION OF LIABILITY SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE CONTENT, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF THE HOLLYWOOD FEED PLATFORM OR THE CONTENT; (II) ANY CHANGES WHICH HOLLYWOOD FEED MAY MAKE TO THE HOLLYWOOD FEED PLATFORM OR THE CONTENT OR EVENTS, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE HOLLYWOOD FEED PLATFORM OR THE CONTENT; (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE HOLLYWOOD FEED PLATFORM OR IN THE COURSE OF YOUR USING THE CONTENT; (III) YOUR FAILURE TO PROVIDE HOLLYWOOD FEED WITH ACCURATE ACCOUNT INFORMATION; OR (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE LIMITATIONS ON HOLLYWOOD FEED’S LIABILITY TO YOU IN THIS SUBSECTION SHALL APPLY WHETHER OR NOT HOLLYWOOD FEED HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSS. NOTE: THIS SECTION SHALL NOT BE CONSTRUED TO RELEASE HOLLYWOOD FEED FROM RESPONSIBILITIES IMPOSED BY, INTER ALIA, TENNESSEE CODE ANNOTATED § 50-6-101, ET SEQ. (“WORKERS COMPENSATION LAW”). Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Notwithstanding the foregoing, total liability of Hollywood Feed for any reason whatsoever related to use of the Hollywood Feed Platform and the Content shall not exceed the total amount paid by you for Content and/or Events in connection with the subject matter of the particular dispute.
  12. TERMS AND TERMINATION
    1. These Terms shall remain in effect through the later of: (a) for as long as you use the Hollywood Feed Platform to use the Content and/or participate in Events, (b) until the Hollywood Feed Platform is no longer in operation; (c) the final, unappealable disposition or resolution of any dispute or action brought by you against us in connection with the Hollywood Feed Platform. Hollywood Feed may temporarily or permanently stop providing the Hollywood Feed Platform and the Content to you, or terminate these Terms, at any time if (i) you have breached any provision of these Terms, (ii) Hollywood Feed is required to do so by law, (iii) Hollywood Feed believes, in its sole discretion, that you have committed fraud with respect to your access to and use of the Hollywood Feed Platform or violated any of the terms contained herein, (iv) the provision of the Content to you or others by Hollywood Feed is, in Hollywood Feed’s sole opinion, no longer commercially viable, or (v) Hollywood Feed is no longer providing the Content to customers in the jurisdiction in which you reside or from which you use the Hollywood Feed Platform or Content. Termination is effective without notice. Hollywood Feed may disable access to your Account or otherwise prevent you from accessing the Hollywood Feed Platform. All provisions of these Terms which by their nature should survive, will survive termination, including, without limitation, warranty disclaimers, and limitations of liability.
  13. DISPUTE RESOLUTION
    1. These Terms and any issue or dispute arising out of or otherwise related to these Terms or with your use of the Content, participation in Events, or any matter concerning Hollywood Feed (collectively “Disputes”) shall be governed exclusively by the laws of the State of Tennessee, excluding its conflict of law provisions.
    2. Exclusive jurisdiction over any Dispute shall lie in the state and federal courts located in Shelby County, Tennessee. You expressly consent to the appropriateness of the jurisdiction of such courts, and waive any objection to lack of jurisdiction of such courts or the inconvenience of such forum.
    3. If a Dispute arises under these Terms, we agree to first contact each other with a written description of the Dispute, all relevant documents and information, and the proposed resolution. You agree to contact us with Disputes by writing to us at bark@hollywoodfeed.com AND TO legalnotice@hollywoodfeed.com. Hollywood Feed will respond to any issue raised by you promptly.
    4. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration (“Class Action Waiver”).
    5. YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY. THIS PROVISION PRECLUDES YOU FROM BRINGING ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION CLAIMS AGAINST HOLLYWOOD FEED. THE INFORMATION PROVIDED IN THIS AGREEMENT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF A CLASS ACTION WAIVER, AND YOU ARE ENCOURAGED TO SEEK THE ADVICE OF COUNSEL.
    6. You shall have thirty (30) days from the date you set-up your Account to opt-out of the Class Action Waiver described above. To opt out of Class Action Waiver, you must contact us at legalnotice@hollywoodfeed.com. If more than thirty (30) days have passed, you are not eligible to opt out of the Class Action Waiver.
  14. MISCELLANEOUS
    1. These Terms, including the Terms of Use, and the Privacy Policy incorporated herein, constitute the entire agreement of the parties with respect to your use of the Hollywood Feed Platform, Content, and Events. These Terms shall be construed in harmony with the Terms of Use to the extent possible; but in the event of a discrepancy between these Terms and the Terms of Use, these Terms shall prevail. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. Section headlines are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If any provision of these Terms is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in these Terms and the remaining portions of these Terms shall continue in full force and effect. You agree that these Terms and all agreements and notices incorporated herein may be automatically assigned by Hollywood Feed, in our sole discretion, to a third party. You may not assign your obligations to any other person or entity.