These Terms of Use (the “Terms”) govern the agreement between Holiday Channel, LLC (hereinafter, “HC,” “us,” or “we” or words of similar import) and you (alternatively, a “User”) regarding your use of www.holidaychannel.net and any other HC related websites (collectively, the “Website”) and any HC applications, online entertainment services, mobile applications, integrated application sites, application programming interfaces (APIs) and any related services (collectively the “Apps”) (together with the Website and Apps, the “Services”).  If you are using the Services on behalf of a company or other entity, then “User” or “you” means that entity, and you are binding that entity to these Terms.  As between you and us, the Services are owned and operated or offered by HC.

Use of the Services is also governed by our privacy policy, the current version of which can be found at www.holidaychannel.net/legal/privacy (the “Privacy Policy”), which is incorporated herein by reference.

IMPORTANT – PLEASE READ CAREFULLY – THESE TERMS CREATE A LEGALLY BINDING AGREEMENT WHICH GOVERNS YOUR USE OF THE SERVICES.  BY CREATING AN ACCOUNT (AS DEFINED BELOW) OR BY ACCESSING OR USING THE SERVICES OR ANY CONTENT OFFERED THROUGH THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS, AS THEY MAY BE UPDATED FROM TIME TO TIME IN OUR SOLE DISCRETION.  IF YOU DO NOT ACCEPT ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING THE SERVICES.

1. Basic Rules and Rights We Are Granting.

License Grant for Services.  Subject to your agreement and compliance with these Terms and any other relevant HC policies, including the Privacy Policy, we hereby grant you a non-exclusive, non-transferable, revocable and limited right and license to access and use the Services through a web browser or through use of Apps.  You agree that you will only use the most recent versions of Apps made available by us if we communicate that only the most recent version(s) can be used by you and you acknowledge that certain features or elements of the Services may not operate properly if an older version of any App is being used by you.  As used in these Terms, “Other User” means another licensee or user of the Services.

Minimum Age Requirement for Users Who Are Individuals.  If a User is an individual, a User may only use the Services if such User is at least thirteen (13) years of age.  If you are under the age of eighteen (18), you represent that you have received permission from a parent or guardian to enter into these Terms.

Accounts and Access.  In the event you register and join certain applicable Services offered by HC, you become an Account Holder (as defined below).  As an Account Holder, You must register for an account through the Website or any App (an “Account”).  Each User may only register for one Account.  An “Account Holder” means the person or entity in whose name an Account is registered.  A “Third Party Account” means an Account not registered by you.

Use of the Services.  The following restrictions and/or terms and conditions apply to the use of the Services:

• You accept full responsibility for any unauthorized use of the Services by parties not authorized to use your Account.  Additionally, you are responsible for any use of your credit card or other payment instrument (e.g., PayPal) incurred by parties using your Account;
• You shall not create an Account using a false identity or false information, or on behalf of someone other than yourself;
• Without first obtaining our written permission, you shall not register for an Account or in any way use the Services if we have removed, suspended or otherwise terminated any Account registered by or on behalf of you or if we have notified you that you may not use the Services
• You shall not use your Account to advertise, solicit or transmit any chain letters, junk email or repetitive messages to anyone;
• You shall not use the Services to engage in any illegal conduct;
• You shall not rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without our express written permission;
• You shall not reproduce, distribute or publicly display any content you access through the Services unless such content is clearly marked as “public” or you have been given the right to view and share such content in accordance with these Terms; and
• You shall not do anything with any content you access through the Services that has been marked with restrictions or other instructions that is counter to such restrictions or other instructions.

Account Information and Management.

• Information Provided When Setting Up Account.  When creating or updating an Account, you are required to provide us with certain personal information for yourself or for the individual acting on your behalf if you are a User who is not an individual, which may include (but is not limited to) personal information such as name, address and phone number (“Account Information”). Account Information will be held and used in accordance with the Privacy Policy.  You agree that you will supply accurate and complete Account Information to us, and that you will update such information when and as it changes.
• Login Information.  During the Account creation process, we will be creating and storing information based upon your Account (“Login Information”).  The following rules govern the security of your Login Information:
  • You shall not share the Account Information or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account;
  • In the event you become aware of, or reasonably suspect, any breach of security, including without limitation any loss, theft or unauthorized disclosure of the Login Information, you must immediately notify us in writing;
  • You are solely responsible for maintaining the confidentiality of the Login Information and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and
  • You are responsible for anything that happens through your Account.
• Reclaiming Usernames.  We reserve the right to remove or reclaim any username at any time and for any reason or no reason, including but not limited to claims by a third party that a username violates the third party’s rights.

License and Account Limitations and Prohibitions.

• General Effects of Violations.  Any use of the Services in violation of these Terms is strictly prohibited, can result in the immediate revocation of your limited license granted under these Terms and may subject you to liability for violations of law.
• Policies.  You acknowledge that we may also have in place other policies regarding use of the Services and that you agree to abide by such policies and that such policies are in addition to any obligations you have under these Terms.
• Activity Prohibitions.  You agree that you will not, under any circumstances:
  • Act in any way we deem to be in conflict with the spirit or intent of the Services, including, but not limited to, circumventing or manipulating these Terms;
  • Use the Services in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
  • Modify or cause to be modified any files or content that are used to offer the Services, without the express prior written consent of HC;
  • Disrupt, overburden or aid or assist in the disruption or overburdening of (A) any computer or server used to offer or support the Services (each a “Server”) or (B) the use or enjoyment of the Services by any other person;
  • Institute, assist or become involved in any type of attack, including, without limitation, distribution of a virus, denial of service attacks upon the Services or other attempts to disrupt the Services or any other person’s use or enjoyment of the Services;
  • Gain, or attempt to gain, unauthorized access to the Services, Third Party Accounts, Servers or networks connected to the Services by any means (including, but not limited to, circumventing or modifying, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Services);
  • Post any content that: is abusive, threatening or that incites or promotes terrorism; promotes the production or use of weapons that a reasonable person understands could cause substantial harm; or is obscene, defamatory, libelous or racially, sexually, religiously or otherwise objectionable or offensive;
  • Post any content that contains what we reasonably deem, in our sole discretion, to be excessive violence or offensive subject matter or that contains a link to such content;
  • Harass, abuse, harm, bully, intimidate or advocate, threaten or incite harassment, bullying, intimidation, abuse or harm of another person or group of persons, including our employees, customer service representatives, our independent contractors or Other Users;
  • Post, distribute or make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy or any other intellectual property right of any person or entity;
  • Post any user names or other personally identifiable information for any Other User in any reviews for the Services or Apps;
  • Transmit unauthorized communications through the Services, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
  • Interfere or attempt to interfere with the proper functioning of the Services or connect to or use any Service in any way not expressly permitted by these Terms;
  • Use any offline reader, robot, tool, process or any other device or method of any kind to data mine, reproduce or circumvent our Services or content in any way;
  • Intercept, examine or otherwise observe any proprietary communications used by a client, Other User, Server or the Services, whether through the use of a network analyzer, packet sniffer or other device;
  • Make any automated use of the Services or take any action that imposes or may impose, as determined in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • Bypass any robot exclusion headers or other measures we take to restrict access to the Services or use any software, technology or device to send content or messages, scrape, spider or crawl the Services or harvest or manipulate data from, through or relating to the Services;
  • Use, facilitate, create or maintain any unauthorized connection to the Services, including, without limitation: any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Services; or any connection using programs, tools or software not expressly approved in writing by us;
  • Copy, modify or distribute rights or content from any HC site, including, but not limited to, content that contains or is protected by our copyrights, trademarks or other intellectual property rights, or use any method to copy or distribute the content of the Services, except as specifically allowed in these Terms;
  • Solicit or attempt to solicit personal information from Other Users;
  • Collect, harvest or post anyone’s private information (including personally identifiable information, whether in text, image, video or other form), identification documents or financial information through the Services; or
  • Upload or transmit (or attempt to upload or to transmit), without our express written permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).

Suspension and Termination of Account and Services:

FAILURE TO COMPLY.  WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY, WITH OR WITHOUT NOTICE TO YOU, LIMIT, SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT OR YOUR ACCESS TO THE SERVICES OR PORTIONS THEREOF IF, IN OUR SOLE DISCRETION, YOU FAIL TO COMPLY WITH ANY OF THESE TERMS OR YOUR ACCOUNT IS USED FOR ACTUAL OR SUSPECTED ILLEGAL ACTIVITY OR IMPROPER USE OF THE SERVICES.  WE SHALL BE UNDER NO OBLIGATION TO COMPENSATE YOU FOR, AND SHALL HAVE NO LIABILITY TO YOU FOR, ANY LOSSES OR ADVERSE RESULTS THAT ARE DUE TO THE SUSPENSION, TERMINATION, MODIFICATION OR DELETION OF YOUR OR ANY OTHER ACCOUNT.

IP INFRINGEMENT.  WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICES AND YOUR ACCOUNT, OR ANY PORTIONS THEREOF, PROHIBIT ACCESS TO OUR WEBSITE, APPS AND OTHER SERVICES, INCLUDING ANY CONTENT INCORPORATED THEREIN, SERVICES AND TOOLS, DELAY OR REMOVE ANY CONTENT AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICES IF WE BELIEVE THAT SUCH USERS ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES.  IN APPROPRIATE CIRCUMSTANCES AND IN OUR SOLE DISCRETION, IT IS OUR POLICY TO SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO ARE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

Right to Cease Service.  We reserve the right to stop offering or supporting the Services or part of the Services at any time, at which point the license granted hereunder to you to use the Services or any applicable part thereof will automatically terminate.  We shall not be required to provide refunds, benefits or other compensation to Users in connection with any such cessation of the Services.

Account Termination.  Termination of your Account can include disabling your access to Services or any part thereof, including disabling access to any content you or Other Users submitted.  You agree that if your Account is terminated, we will not be obligated to preserve, provide you access to or provide copies of any content submitted via any Service relating to your Account, whether by you or an Other User.

Cancellation of Account.  You may cancel your Account at any time by emailing: support@holidaychannel.net.

Intellectual Property Ownership.  As between you and us, the Services and all of their components and contents (including without limitation any computer code, pre-populated content, concepts, artwork, photographs, audio-visual effects, text contained within and patent, copyright, trademark, trade secret and any other intellectual property rights therein) are owned by us.   The Services are protected by copyright, trademark and other laws of both the United States and foreign countries and may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any unauthorized commercial purpose, or used in any manner other than as permitted by these Terms, without our express prior written consent in each instance.  You agree not to engage in any reverse engineering, de-compiling or other activities designed to view the source code for any of the Services and are prohibited from reverse engineering, de-compiling or otherwise engaging in activities designed to view the source code for any Service.  

Feedback.  In the event you provide us with any feedback about any of the Services, including, without limitation, any errors, flaws, issues, suggestions or otherwise (collectively, “Feedback”), you hereby assign to us any and all rights, title and interest in and to the Feedback, including, but not limited to, the right to use such Feedback in any manner we deem appropriate.  To the extent any Feedback may not be assigned to us, whether under any applicable law or otherwise, you agree to provide us with an exclusive, royalty-free, fully paid-up, irrevocable, perpetual, transferable, worldwide license to use such Feedback in any manner we deem appropriate.

1. 1. User Data.

User Data:  “User Data” means any communications, materials, data and other information you upload, post or otherwise transmit through the Services, including, without limitation, Account Information, Login Information or any information related to your transactional, usage or other data with respect to the Services or any other third party platform you have authorized to interface with the Website or Apps.  

Licenses to User Data:  As between you and us, you are the owner of all rights, title and interest in and to the User Data, and except as otherwise expressly stated in these Terms or the Privacy Policy, you reserve all rights in and to the User Data.  You hereby grant us a non-exclusive, perpetual, royalty-free, fully paid up, worldwide license to use your User Data as determined by us in our sole discretion, including as necessary to provide the Services or otherwise in accordance with these Terms and Privacy Policy.  To be clear, any personal information included in your User Data may only be used by us in accordance with the Privacy Policy.

User Interactions.

• • Responsibility for Interactions and Adherence to Policies.  You are solely responsible for your interactions with Other Users and any other parties with whom you interact through the Services.  You acknowledge that we have various policies in place regarding use of the Services that are intended to promote a respectful environment for all Users, such as, but not necessarily limited to, policies regarding content submitted, interactions with Other Users, respect for intellectual property rights and billings and refunds. We reserve the right, but have no obligation, to become involved in any way with any disputes that may arise between you and Other Users or any other parties with whom you interact through the Services.

• • Releases for Disputes and Use of Third Party Information.  You hereby release us, and our officers, directors, agents, subsidiaries, joint ventures and employees, from any and all 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 of the following: (i) any dispute that arises between you and one or more Other Users or any other parties with whom you interact through the Services; and (ii) any use by us of third party information. 

1. 1. Fees; Subscriptions; Trials.  

Fee Terms.  We may offer certain Services to be paid for on an as-purchased basis.  By making a purchase, you agree to pay the fees and any taxes incurred at the time of purchase.  We reserve the right to charge fees for any parts of the Services that may have previously been offered without a fee. We may revise the pricing for the goods and services offered through the Services at any time.  If you continue to use any applicable Services after any such pricing change comes into effect, such continued usage shall constitute your agreement to pay the revised fee(s).  YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON UNLESS OTHERWISE EXPRESSLY STATED AT THE TIME OF PURCHASE, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED PRODUCTS AND SERVICES WHEN YOUR ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.  A stored payment method may be associated with your Account to process your purchase payments, and by submitting your payment information to us, including your name and billing address, you authorize us to charge all purchase fees incurred by you to such payment method upon your payment confirmation.  In the event your payment method fails or is declined, we will notify you and you must update your payment method.

Subscriptions.  We offer certain parts of our Services on a subscription basis (“Subscription”). For such Services offered as Subscriptions, you will be automatically billed on a monthly basis; provided, however, that this is subject to change in our reasonable discretion.  At the end of each billing cycle, any of your Subscriptions will automatically renew under the same payment terms unless we make changes in the fees or unless your Subscription was previously canceled by you or us. You may cancel your Subscription at any time, but you shall not be entitled to a refund of any paid Subscription fees.  A stored payment method is required to process your Subscription payments, and by submitting your payment information to us, including your name and billing address, you authorize us to automatically charge all Subscription fees incurred by you to such payment method.  In the event your payment method fails or is declined, we will notify you and you must update your payment method.  If payment is not timely received, we reserve the right to cancel your Subscription and collect any fees due and owing.  We further reserve the right to modify the terms of any Subscription or cancel any Subscription at any time with reasonable notice, and in the event of any such cancellation we will refund any prepaid fees on a pro-rata basis.

Free Trial.  We may, in our sole discretion, offer any Subscription with a free trial for a limited period of time (“Free Trial”). You will be required to provide your payment method information in order to sign up for a Free Trial, but you will not be charged until the Free Trial has expired. On the final day of the Free Trial period, you will be automatically enrolled in the Subscription plan associated with the Free Trial unless you previously cancelled your Free Trial.  We reserve the right at any time to modify the terms of any Free Trial or cancel any Free Trial.

1. 1. Third Party Sites; Advertising.

Third Party Advertisements.  You understand that the Services may feature advertisements from us or third parties.  The Privacy Policy addresses our disclosure of information for third party advertising.

Links to Third Party Sites; Advertisers.  We may provide links on the Services to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving a benefit.  Any charges or obligations you incur in your dealings with these third parties are your responsibility.  We make no representation or warranty regarding any content, goods or services provided by any third party even if linked from our Services, and we will not be liable for any claim relating to any third party content, goods or services.  The linked sites are not under our control and may collect data or solicit personal information from you.  We are not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect.  Further, the inclusion of any link does not imply our endorsement of these linked sites.

1. 1. Seeking to Take Down Infringing Content.

We reserve the right to terminate without notice any User’s access to the Services if that User is determined by us to be a “repeat infringer.”  In addition, we accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials.  Without limiting the foregoing, it is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act.  If you believe that your work has been copied and posted on any Website or App in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Website or App of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) 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; and (f) 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.  Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows: copyright@holidaychannel.net. 

1. 1. Updates to the Service.  

You understand that the Services undergo frequent changes and that the Services may not always be available for various reasons, such as, for example, downtime due to maintenance.  We may require that you accept updates to the Services in order to continue using the Services.  You acknowledge and agree that we may update the Services without notifying you.

1. 1. Disclaimer; Limitations; Waivers on Liability; Indemnification.

Disclaimer of Warranties.

• • SERVICES PROVIDED “AS IS”.  YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD THE SHORTER OF THIRTY (30) CALENDAR DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).

• • NO WARRANTY OF ERROR-FREE OPERATION.  WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR AFFILIATES OR SUBSIDIARIES, OR ANY OF OUR OR THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “HC PARTIES”) WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE AND YOU ACKNOWLEDGE THAT SERVICES MAY SOMETIMES BE UNAVAILABLE FOR SECURITY, MAINTENANCE OR OTHER REASONS.    

• • NO WARRANTY REGARDING ACCESS TO ACCOUNTS AND CONTENT.  HC PARTIES DO NOT GUARANTEE THAT ANY INDIVIDUAL OR ACCOUNT HOLDER WILL ALWAYS BE PREVENTED FROM VIEWING INFORMATION OR CONTENT THAT THE SERVICES INTENDED TO NOT BE AVAILABLE TO SUCH INDIVIDUAL.  HC PARTIES DO NOT WARRANT THAT ALL CONTENT OR INFORMATION POSTED BY AN ACCOUNT HOLDER WILL REMAIN AVAILABLE AT ALL TIMES OR WILL NEVER BE DELETED, CORRUPTED OR OTHERWISE UNAVAILABLE.  HC PARTIES DO NOT WARRANT THAT THE SERVICES, ACCOUNT HOLDER INFORMATION OR ANY INFORMATION POSTED BY AN ACCOUNT HOLDER WILL BE KEPT FROM ANY PARTICULAR INDIVIDUAL WHO EITHER HACKS OR ENGAGES IN UNAUTHORIZED ACCESS TO SUCH CONTENT OR INFORMATION OR IS MISTAKENLY GRANTED ACCESS BY US OR THROUGH THE SERVICES.

Limitations; Waivers of Liability.

• • DISCLAIMER OF INDIRECT DAMAGES.  YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT HC PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES, INCLUDING, BUT NOT LIMITED TO: (I) LOSS OF PROFITS, DATA, USE; OR (II) LOSS OF GOOD WILL OR ANY OTHER INTANGIBLE LOSSES, WITH ANY OF THE FOREGOING RESULTING FROM (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; OR (D) ANY UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR SUBMISSIONS OR USER DATA.

• • NOT RESPONSIBLE FOR THIRD PARTY CONDUCT.  YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT HC PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD HC PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER ACCOUNT HOLDERS OR USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF USING THE SERVICES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

• • MONETARY LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES WILL HC PARTIES BE LIABLE TO YOU UNDER ANY CLAIM FOR MORE THAN THE LESSOR OF (I) $500, OR (II) THE AMOUNT(S) YOU HAVE PAID US, IN THE AGGREGATE, IN THE ONE HUNDRED EIGHTY (180) CALENDAR DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

• • FAILURE TO PAY.  YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID US ANY AMOUNTS IN THE ONE HUNDRED EIGHTY (180) CALENDAR DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH HC PARTIES IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.

• • DISCLAIMER MAY NOT BE APPLICABLE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES.  THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Indemnification.  You agree to defend, indemnify, save and hold the HC Parties harmless from any claims, losses, damages and liabilities, including legal fees and expenses, arising out of (a) your use or misuse of the Services, or the use or misuse of or access to the Services by anyone accessing your Account, (b) any violation by you of these Terms or any breach of the representations, warranties and covenants made by you herein, (c) your use or access of any third party software or service utilized in connection with the Services, (d) your violation of any applicable laws or any infringement by you, or any third party using your Account or acting on your behalf, of any intellectual property, real property, privacy or other right of any third party, or (e) any intentional misconduct or negligence by you in using the Services.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify HC Parties and you agree to cooperate with our defense of these claims.  We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.  You agree that the provisions in this paragraph will survive any termination of your Account or of the Services.

1. 1. How to Handle Disputes.

General.  If a dispute arises between you and us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly.  Accordingly, you and HC agree that we will resolve any claim or controversy at law or equity that arises out of these Terms or use of our Services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing.  Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to Customer Support.  We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.  Other than those matters listed in Section 8, you and HC agree to seek resolution of the dispute only through arbitration of that dispute in accordance with the terms of this Section 8, and not litigate any dispute in court. Arbitration means that the dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.

Exclusions from Arbitration.  YOU AND HC AGREE THAT ANY CLAIM FILED BY YOU OR BY US IN SMALL CLAIMS COURT OR BY US RELATED TO PROTECTION OF OUR OR ANY OF OUR LICENSOR’S INTELLECTUAL PROPERTY ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION 8.

RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS.  IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN THIS SECTION 8, YOU MUST NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS OF THE DATE THAT YOU FIRST ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO: HOLIDAY CHANNEL, LLC, 1757 S. 8TH ST., COLORADO SPRINGS, CO 80905 AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR USERNAME (IF APPLICABLE), AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION.

Class Action Waiver.  ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND HC SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.

Initiation of Arbitration Proceeding; Selection of Arbitrator.  If you or HC elect to resolve your dispute through arbitration, the party initiating the arbitration proceeding must initiate it with the American Arbitration Association (“AAA”). The terms of this Section 8 govern in the event they conflict with the rules of the arbitration organization selected by the parties.

Arbitration Procedures.  Because the Services provided to you by us concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes.  However, applicable federal or state law may also apply to the substance of any disputes.  For claims of less than $75,000, the AAA’s Consumer Arbitration Rules shall apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply.  The AAA rules are available at www.adr.org or by calling 1-800-778-7879.  The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party.  Such award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.  Notwithstanding the foregoing, in no event will we be liable to you for any of your attorney fees.

Location of Arbitration.  You or HC may initiate arbitration in the State of Colorado.  

Severability.  If any clause within this Section 8 (other than the Class Action Waiver clause) is found to be illegal or unenforceable, that clause will be severed from this Section 8 and the remainder of this Section 8 will be given full force and effect.  If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section 8, except for this Section, will be unenforceable and the dispute will be decided by a court and IN THAT INSTANCE, YOU AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY, TO THE EXTENT ALLOWED BY LAW.

Survival.  This Section 8 shall survive any termination of the Terms.

1. 1. General Provisions.

Updates to the Terms and Privacy Policy.

• • Right to Update.  We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms and our Privacy Policy at any time by posting the amended Terms or Privacy Policy through the Services.  You may also be given additional notice, such as an email message or messaging within the Services, of any changes.  You will be deemed to have accepted such changes by continuing to use the Services.  Except as otherwise stated, all amended terms shall automatically be effective when they are posted.  We may also revise other policies, codes or rules at any time and the new versions will be available on the Website or otherwise through the Services.  No amendment to the Terms or Privacy Policy shall apply to any dispute of which we had actual notice before the date of the amendment.

• • Seeking Consent.  If we revise these Terms or the Privacy Policy and seek your consent to be bound by such revised Terms or revised Privacy Policy and you do not agree to be bound by such revised Terms or revised Privacy Policy before using the Services again, then notwithstanding anything to the contrary, we reserve the right to terminate your Account and use of the Services.

• • Disagreement with Terms.  If at any time you do not agree to any provision of the then-current version of our Terms, the Privacy Policy or any other HC policy, rule or code of conduct relating to your use of the Services, your right to use the Services will immediately terminate, and you must immediately stop using the Services.

• • Conflict.  To the extent these Terms or the Privacy Policy conflict with any other HC terms, policy, rule or code of conduct, the provisions of these Terms and the Privacy Policy will prevail.

Severability.  If any provision of these Terms or the Privacy Policy is found invalid, illegal or unenforceable, in whole or in part, by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity, illegality or unenforceability without affecting the validity, legality or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms (or as applicable, the Privacy Policy), which will continue to be in full force and effect.

Assignment.  We may assign any of our rights or delegate any of our obligations under these Terms, in whole or in part, to any person or entity at any time without your consent.  You may not assign or delegate any rights or obligations under these Terms without our prior written consent, and any purported assignment or delegation in violation of this Section is null and void.

Entire Agreement.  These Terms, together with any supplemental policies, the Privacy Policy and any other documents expressly incorporated by reference herein, contain the entire agreement between us and you with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations and warranties of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent.

No Waiver.  Our failure to require or enforce strict performance by you of any provision of these Terms or the Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance.  The express waiver by us of any provision, condition or requirement of these Terms or the Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.  Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers or other acts or omissions by us shall be deemed a modification of these Terms nor legally binding, unless documented in physical writing, hand signed by you and our duly appointed officer.

Notices.  We may notify you via postings on the Website or via email or any other communications means through contact information you provide to us.  All notices given by you or required from you under these Terms or the Privacy Policy shall be in writing and addressed to the address in this Section.  Any notices that you provide without compliance with this Section shall have no legal effect.

Holiday Channel, LLC

Email: support@holidaychannel.net  

Equitable Remedies.  You acknowledge that the rights granted and obligations made under these Terms to HC are of a unique and irreplaceable nature, the loss of which may irreparably harm us and which cannot be replaced by monetary damages alone, so that we shall be entitled to seek injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.  You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages, limited by Section 8.

Force Majeure.  HC shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond our control, such as acts of God, war, terrorism, pandemics, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labor or materials.

Choice of Law. The Terms and Privacy Policy shall be governed by the laws of the State of Colorado, notwithstanding its conflicts of law provisions.

Holiday Channel, LLC (“HC,” “we,” “us” or words of similar import) respects your privacy and is committed to protecting it.  This Privacy Policy describes how we may collect, use and share your personal information in connection with your use of www.holidaychannel.net  and any other HC related websites (collectively, the “Website”) and any HC applications, mobile applications, integrated application sites, application programming interfaces (APIs), online entertainment services and any other related services (collectively the “Apps”) (together with the Website and Apps, the “Services”).  This Policy also explains certain choices you have about how your personal information is used.  By using the Services, you consent to the practices described in this Policy, unless further consent is required by applicable law.

You may see other privacy notices when we collect your personal information for certain purposes.  Those notices supplement this Policy. 

1. What Is Personal Information?  When we say “personal information,” we mean “personal information” or “personal data” as defined in applicable law.  Generally speaking, this includes your unique identifiers (full name, phone number, email address, user name, etc.), plus information about your characteristics, conditions or behavior that is associated with one of your identifiers or could otherwise reasonably be linked to you.  “Non-personal information,” on the other hand, is information that has been anonymized, aggregated or de-identified such that it cannot reasonably be linked to an individual.

    

2. Personal Information We Collect.
   
   Information You Provide to Us.  We may collect from you directly some or all of the  categories listed below when you open an account with us; fill out a form on a Website; subscribe to one of our newsletters or Services; search, shop for or purchase products or services through our Services; or directly contact us with questions or feedback:

• “Identifiers” such as name, address, email address, phone number, user name and similar information;
• “Demographic Information” such as preferred language, age, birth date and similar information;
• “Financial Information” such as payment card information; 
• “Account Information” such as account profile, purchase history and billing information;
• “User Content” such as content in your comments, posts, communications or responses; and
• Any other information you voluntarily provide to us.

If you decline to provide requested information, we may not be able to provide one or more Services to you, or you may not receive access to certain features of a Service.

Information Automatically Collected From Your Device.  When you access and use our Services, computer servers may automatically collect information from your device or browser.  In some cases, we limit this collection to non-personal information, but we may collect the following personal information: 

• “Online Identifiers” such as IP address, device ID, cookies and similar information;
• “Device/Browser Information” such as internet service provider (ISP), operating system, device type, browser type and settings;
• “Usage Information and Browsing History” such as:
  • usage metrics (including usage rates, occurrences of technical errors, diagnostic reports, settings preferences, backup information, and other logs);
  • user keystrokes in a webform (whether or not the user completes or submits the webform);
  • content interactions (including searches, views, downloads, prints, shares, streams, and displays);
  • user journey history (including clickstreams and page navigation, URLs, timestamps, page response times, page interaction information (such as scrolling, clicks and mouse-overs) and download errors), advertising interactions and preferences (including when and how you interact with marketing materials, purchases or steps you make after seeing an ad) and similar data; and
• “Geolocation Data” such as your approximate physical location when you access our Service.

Some of this information is collected through the use of “Cookies,” which include a piece of data stored on a site visitor’s hard drive to help us improve your access to the Services and identify repeat visitors. Cookies can enable us to track and target the interests of our users to enhance the experience on the Website and compile aggregate data about site traffic and site interaction. We may contract with third-party service providers to assist us in better understanding Website visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business. Usage of a Cookie is not linked to any personal information on the Website. Most cookies expire after a defined period of time. 

Information From Other Sources.  We may work with third parties from time to time who assist us in managing or providing Services (e.g., payment processors, web hosting services, online content providers, streaming services) and who collect some of the information described above. We may combine such information with information we collect from you.  To the extent the information, alone or in combination, constitutes personal information, we will treat it as personal information as described in this Policy.  We are not responsible for the accuracy of any information provided by third parties.  Unless you have been notified otherwise, all information collected through our authorized third parties remains governed by security and confidentiality obligations consistent with this Policy and applicable law.

3. How We Use Personal Information.  We may use your personal information for to the following purposes, subject to restrictions under applicable law:

• To process your orders; 
• To service your HC account;
• To provide any other Services you have requested;
• To customize your experience with our Services;
• To respond to your inquiries;
• To contact you about products, services or events we think may be of interest to you;
• To contact you with surveys, legal notices or other information that may be relevant to the Services;
• To detect, investigate, mitigate or prevent activities that may violate our policies, threaten the security of our Services or may be fraudulent or illegal;
• To comply with our legal obligations; or
• As otherwise described to you at the point of collection or pursuant to your consent.

We may use non-personal information for any purpose.

4. Sharing Personal Information.  We do not disclose your personal information except as follows:

• Vendors and Analytics, Advertising and Social Media Partners.  We may share your information, and in some cases your personal information, with vendors and partners that perform certain functions or services, such as to host our Services, manage databases, process payments, conduct surveys, send communications and newsletters for us or measure performance of our Services and marketing efforts.  Where necessary and appropriate, our agreements with those parties prohibit them from using personal information we share for any purpose other than providing services to us.  This sharing may involve the use of Cookies; 
• Mandatory Disclosures and Legal Proceedings.  We may have a legal obligation to disclose personal information about you to government authorities or other third parties when required by law or pursuant to a valid subpoena, litigation demand or court order.  We may also need to disclose and otherwise process your personal information in accordance with applicable law to defend our legitimate interests, for example, in civil or criminal legal proceedings;
• Mergers and Acquisitions.  If we decide to sell, buy, merge or otherwise reorganize our business, this can involve us disclosing personal information to prospective or actual purchasers and their advisers, or receiving personal information from sellers and their advisers; and
• Your Consent.  We may share your personal information with others if we have your consent to do so.

5. Quality And Retention of Personal Information.  We take reasonable steps to keep your personal information accurate and to delete incorrect or unnecessary personal information.  We retain personal information only as long as necessary to fulfill the purposes outlined in this Privacy Policy or otherwise communicated to you, unless a longer period is required by applicable law.  We encourage you to access your personal information through your account from time to time to help us ensure that it is up to date.

6. Data Security.  In order to safeguard personal information against unauthorized access, removal, theft or disclosure, we implement and maintain security procedures and practices appropriate to the nature of the information and reasonable in light of industry standards and our particular operations, risks and resources.  We regularly assess the performance and adequacy of these procedures and practices and will adjust them when new standards, operations or risks require it.  Unfortunately, in our increasingly connected digital world, no one can guarantee perfect data security, and we cannot promise that our procedures and practices will always prevent a breach of personal information.  Should we detect such a breach, we will promptly notify affected individuals, third parties and law enforcement agencies as required by applicable law. 

We encourage you to help maximize security by applying your own personal security measures.  For more information about what you can do to protect your data, please see the tips and resources offered by the U.S. Federal Trade Commission at https://www.consumer.ftc.gov/topics/privacy-identity-online-security.

7. “Do Not Track” Signals.  The web browsers and applications that you use to visit our Website and Services may provide certain “Do Not Track” capabilities.  Generally, browsers that have these features enabled send a signal to websites that inform the site operator that you do not wish for the site to track you.  We do not respond to these signals because there is not yet a common understanding of how to process these signals or a consensus on what “tracking” means.

8. Links to Third Party Services.  Our Services may contain links to third-party websites, products or services.  For example, our Website may contain links provided by social media platforms that you can use to post directly from our Website.  Information collected by those third parties is governed by their privacy policies, not ours, and we are not responsible for the content or privacy practices of such other websites.  We encourage you to learn about the privacy practices of those third parties.

9. Protecting Children’s Privacy Online.  You must be eighteen (18) or older to use our Services.  Minors under eighteen (18) and at least thirteen (13) years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision.  We do not knowingly collect or solicit information from anyone under the age of thirteen (13) or knowingly allow such persons to register for our Services. 

10. Your Rights and Choices.  You may opt-out of our email communications by using the unsubscribe link provided in emails from us or by otherwise contacting us.  At any time, you may adjust settings on your browser to refuse cookies and other tracking pixels according to the instructions related to your browser. However, if you choose to disable these technologies, some features of our Services may not operate properly.

11. California Residents (CCPA Statement).  Under California Civil Code Section 1798.83, California customers are entitled to request information relating to whether a business has disclosed personal information to any third parties for the third parties’ direct marketing purposes.  We do not sell or share your personal information with third-party companies for their direct marketing purposes without your consent.  You can learn more about the CCPA here:  https://oag.ca.gov/privacy/ccpa.

12. Changes To This Policy.  We will review this Privacy Policy periodically and update it as necessary to reflect material changes in applicable law, our privacy practices or our Services.  We will notify you of material changes to how we treat your personal information directly if we have your contact information, and you should periodically review this Privacy Policy to remain aware of our current practices.

13. Contact Us.  If you have any questions or concerns about this Privacy Policy or our practices, or wish to exercise your rights regarding your personal information under applicable law, please contact us directly at:

Holiday Channel, LLC

Email: support@holidaychannel.net