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FAN FORUM TERMS OF SERVICE

BY SUBMITTING PHOTOGRAPHS, IMAGES, TEXT, OR OTHER MATERIAL TO HOB ENTERTAINMENT, INC. (“HOB”) TO BE HOSTED AND DISPLAYED ON THE FAN FORUM WEBSITE AT HTTP://WWW.HOB.COM/FANFORUM , OR OTHERWISE USING OR VISITING THE SITE, YOU ASSENT TO, AND AGREE TO BE BOUND BY, THESE TERMS AND CONDITIONS (the “Terms of Service”), THE MORE GENERAL HOB.COM TERMS OF USE, INCORPORATED HEREIN BY REFERENCE AND PUBLISHED AT http://www.hob.com/support/termsofuse/, AND THE TERMS AND CONDITIONS OF HOB’S INTERNET PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE AND PUBLISHED AT http://www.hob.com/support/privacy/. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, THEN PLEASE DO NOT USE THE SITE OR SUBMIT MATERIAL TO HOB.

User Submitted Content

You and others may submit photographs, images, text, or other material to HOB to be hosted and displayed on the Site (“User Submitted Content”). You understand that HOB will select only certain User Submitted Content to display and that HOB reserves the right to display or not display User Submitted Content at its sole discretion. You agree and understand that, whether or not User Submitted Content is displayed on the Site, HOB does not guarantee any confidentiality with respect to the User Submitted Content and HOB shall have no obligation whatsoever to return any such content submitted to it. You further agree that you shall be solely responsible for your own User Submitted Content and the consequences of publishing or displaying this content on the Site.

By submitting User Submitted Content to HOB, whether or not the content is hosted or displayed on the Site, you hereby grant to HOB a non-exclusive, worldwide, royalty-free, sublicensable, transferable, perpetual license to use, reproduce, distribute, transmit, create derivative works of, publicly display, and publicly perform the User Submitted Content, in any manner, in connection with the Site and HOB’s business, including, without limitation, for advertising or promoting HOB’s business (the “License”).

By submitting User Submitted Content to HOB, you represent and warrant to HOB that: (i) you are at least 18 years of age; (ii) you are the author and copyright holder of the User Submitted Content; (iii) you have the full right to grant permission to use the User Submitted Content in any manner; (iv) you have the full right to grant the License; and (v) you have the legal right and authority to enter into this agreement and be bound by the Terms of Service.

In connection with User Submitted Content, you further represent and warrant that you will not: (i) submit content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive, misleading, contains nudity, or is otherwise objectionable; (ii) submit content that would convey expressions of bigotry, prejudice, racism, hatred, or profanity; (iii) submit content that would constitute, assist, or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; (iv) submit content that may infringe any patent, trademark, service mark, trade secret, copyright, or other intellectual or proprietary right of any party, or any content that you do not have the lawful right to distribute and reproduce; (v) submit content that may contain any viruses or other computer routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (vi) submit content comprising advertisements or solicitations of business; or (vii) impersonate another person or submit content that misrepresents your affiliation with a person or entity.

Copyright

All right, title, and interest in User Submitted Content will remain the exclusive property of the individual owner of the content, and HOB claims no copyright or other property rights in these works. However, HOB does hold a copyright interest in all other copyrighted and copyrightable materials on the Site, including, without limitation, the design, text, graphics, pictures, sound files, and other files, as well as the entire contents of the Site, in the aggregate, as a collective work (“HOB Materials”). HOB Materials are copyrighted and all rights are reserved Copyright © 2006 House of Blues Brands Corp. Except as stated in the HOB.com Terms of Use, none of the HOB Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of HOB. All User Submitted Content and any other trademarks, product names, company names, company logos within the Site are the property of their respective owners, and may not be copied, distributed, republished, downloaded, displayed, posted, or transmitted without the prior written permission of their respective owners.

Any reproduction, publication, further distribution, or public exhibition of materials provided at the Site, in whole or in part, is strictly prohibited.

HOB complies with the provisions of the Digital Millennium Copyright Act (DMCA). If you believe your work has been copied in a way constituting copyright infringement, please provide the HOB DMCA Agent the following information:

  • 1. A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
  • 2. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • 3. A description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit the service provider to locate the material;
  • 4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  • 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • 6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

HOB's Agent for Notice of claimed infringement under Title II of the Digital Millenium Copyright Act can be reached as follows:
• by mail:
HOB General Counsel
DMCA Copyright Agent
c/o HOB Entertainment, Inc., 16th Floor
6255 Sunset Boulevard
Hollywood, CA 90028

• by fax: 323.769.4788

Disclaimer of Warranties and Limitation of Liability

YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE SUBMISSION OF USER SUBMITTED CONTENT, IS AT YOUR OWN RISK AND THIS SITE IS PRESENTED "AS IS." ACCORDINGLY, HOB DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE, THE SUBMISSION OF USER SUBMITTED CONTENT, AND ANY INFORMATION ON THE SITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL HOB NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFIT, WHETHER SUCH ACTION ARISES OUT OF CONTRACT, NEGLIGENCE, OR TORT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, THE SUBMISSION OF USER SUBMITTED CONTENT, OR ANY INFORMATION ON THE SITE (INCLUDING ERRORS OR OMISSIONS IN THE SITE’S CONTENT).

YOU SPECIFICALLY UNDERSTAND AND AGREE THAT HOB SHALL NOT BE LIABLE FOR USER SUBMITTED CONTENT OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF A THIRD PARTY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You shall be solely liable for your own User Submitted Content. You agree to defend, indemnify, and hold harmless HOB and its affiliates from any claim, action, demand, loss, expense, or damages, including, without limitation, attorneys’ fees, made or incurred by any third party arising out of or relating to your User Submitted Content, HOB’s authorized use of your User Submitted Content, your conduct, your violation of these terms and conditions, or your violation of any rights of a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Site.

Site Policies, Modification, and Severability

Please review HOB’s Internet Privacy Policy and the HOB.com Terms of Use for additional terms and conditions that you agree to be bound by when you submit User Submitted Content to HOB or otherwise use or visit the Site. HOB reserves the right to make changes to the Site, its policies, and these Terms of Service at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

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