Heart of Hollywood Motion Pictures

Heart of Networking Membership Terms & Conditions

These terms and conditions (Terms of Membership) govern the relationship between Heart of Hollywood Networking (HOH) and You in relation to your membership of Heart of Hollywood Networking (Membership).

Subject to compliance with these Terms of Membership and Heart of Hollywood acceptance of your application, in consideration of your payment of the fees, Heart of Hollywood agrees to provide a membership to you on the terms of these Terms of Membership.

  1. Membership

    1. Heart of Hollywood promotes business relationships and transactions through networking and other events and through members referring business to one another.

    2. Subject to the conditions set out in clause 3 being fulfilled, in consideration of your payment of the fees in accordance with clause 4, Heart of Hollywood will provide you with Membership to Heart of Hollywood Networking. As a member, Heart of Hollywood will:

      1. provide you with access to a Members only Facebook page;

      2. access to website members directory

      3. invite you to networking and social events conducted by Heart of Hollywood; and

      4. promote your business by publishing your name and business on the Heart of Hollywood members directory.

    3. When your membership is approved, you will receive a members guide to take advantage of your membership

  2. Dealings between members

    1. Heart of Hollywood does not endorse any member, or their expertise, standards or capabilities and accepts no liability in relation to any business conducted by or between members.

    2. A decision to conduct business with another member is the sole responsibility of the member and is conducted at each member’s sole discretion and risk.

  3. Becoming a member

    1. Prior to your membership being considered by Heart of Hollywood for acceptance, You must:

      1. submit an application to Heart of Hollywood.

    2. Heart of Hollywood will give you written notice of any acceptance of your application. Heart of Hollywood may accept or reject your membership in its sole discretion, if you are not accepted your membership will be refundable.

    3. On acceptance of your application by Heart of Hollywood, you will be required to pay the fees in accordance with clause 1(a).

    4. Subject to acceptance of your membership, your membership and a binding agreement between you and Heart of Hollywood (comprising these Terms of Membership) will commence on the date you pay the fees, and will continue for the initial term, unless terminated earlier pursuant to these Terms of Membership. The membership fee is annual and nonrefundable once you become a member.

    5. At the end of the Initial Term, You may apply to renew your membership for a further term. Once accepted, you must pay the Membership Fee in accordance with clause 1(b).

  4. Fees & Payment Terms

    1. You must pay:

      1. on acceptance of your membership by Heart of Hollywood, the Application Fee and the Membership Fee; and

      2. on each renewal of your membership, the Membership Fee.

    2. Heart of Hollywood will invoice you for the fees upon acceptance of your application.

    3. All invoices are payable within 7 days of receipt.

    4. Heart of Hollywood may vary the fees from time to time on notice to you. Heart of Hollywood will provide a minimum of 30 days notice of fee changes by email to your last recorded email address. Such change in fees will be effective when you renew your membership for a further term.

  5. Your obligations

    1. As a member of Heart of Hollywood Networking, you will:

      1. use your best endeavors to participate in social gatherings conducted by Heart of Hollywood;

      2. Submit your information on time for any press releases and media press if you would like to be featured

      3. not SPAM or send excessive or unsolicited marketing or other material to members or visitors at Heart of Hollywood;

      4. be an active and motivated member of Heart of Hollywood Networking; and

      5. treat each member or person you interact with in connection with your membership with respect. Heart of Hollywood does not tolerate bullying and harassment of any kind.

    2. From time to time, Heart of Hollywood may provide you with collateral. You must:

      1. not copy, or attempt to duplicate or imitate any collateral;

      2. not assert, or seek to register, ownership of any collateral in any way (including by adding any proprietary notice on any collateral), or otherwise use collateral in any way without express written consent from Heart of Hollywood (except for the express purpose for which it was provided);

      3. not sell, lease, assign, or transfer, in whole or in part, or provide any third parties with the collateral; and

      4. use all reasonable efforts to protect the collateral from unauthorized use, reproduction, distribution or publication; and

      5. keep the collateral confidential, unless otherwise expressly agreed by Heart of Hollywood in writing.

  6. Privacy and Direct Marketing

    1. Heart of Hollywood will collect personal information about you to enable the delivery of membership to you. your personal information may also be used to assist in planning, communications, connections, promotions and offers. Heart of Hollywood may publish your name, email address, telephone number and your business name on its website and will share this information with other members. Your personal information will otherwise be handled in accordance with Heart of Hollywood Privacy Policy.

    2. Heart of Hollywood and/or its members may send you promotions, offers or other direct marketing. You can opt out of receiving these communications at any time, however declining to receive communications from Heart of Hollywood may mean that you cannot take full advantage of your membership.

    3. Heart Of Hollywood does not authorize and is not in any way responsible for marketing communications sent to members by other members. If you do not wish to receive marketing or other communications from another members, You should contact that member directly.

  7. We reserve the right, in our sole discretion and at any time, to make changes to this Membership Agreement and our other policies concerning the use of the membership services. (We also reserve the right, in our sole discretion and at any time, to waive or modify any of the terms of this Membership Agreement as they apply to a specific item of Heart Of Hollywood or as they apply to a specific Member, without affecting the application of these terms to any other Heart Of Hollywood or Members.) Changes will be effective when made and the updated Membership Agreement (or applicable policy) is posted on the Heart Of Hollywood Network; provided, however, that no such change shall be applicable to any dispute between you and us that arises prior to the time such change is effective. 

  8. Representations, warranties and acknowledgements

    1. You acknowledge and agree that

      1. You have exercised your own judgment in respect of Membership and have not relied on any representation, promise, warranty or undertaking by Heart Of Hollywood, its directors or agents;

      2. Heart Of Hollywood delivers its services through the establishment of Member Events and other digital media presence. The success and growth of Member is the responsibility of Members and may be determined by the efforts of each individual

      3. Heart Of Hollywood provides no representation. You may not be the only Member in Heart Of Hollywood Networking who is a professional in your field or industry, nor may there be other professionals with whom You wish to conduct business in your Member or any of the Member Hubs in Heart Of Hollywood Networking; and

      4. Heart Of Hollywood may introduce new Members to existing Member Hubs, and in its sole discretion restructure or disband a Member Hub.

    2. You warrant in favor of Heart Of Hollywood the accuracy and legality of all representations that You provide to Heart Of Hollywood and Members, and the representations that Heart Of Hollywood provides to others (including Members) on your behalf (with your authority). You agree that You are fully liable for any and all loss, damage or liability incurred by Heart OF Hollywood or another Member arising as a result of breach of this warranty.

    3. You unconditionally and irrevocably agree that Heart Of Hollywood Motion Pictures, its directors, employees and agents, are not liable to You in any way for any loss, damage, liability or injury incurred by You or the business that You represent arising directly or indirectly in connection with your Membership or this agreement with Heart Of Hollywood.

  9. Termination

    1. You may cancel your Membership at any time before the expiry of the current Term on written notice to Heart Of Hollywood.

    2. Heart Of Hollywood may terminate your Membership:

      1. immediately on notice to you:

        1. if You fail to make payment of your Fees, without prejudice to Heart Of Hollywood’s rights to recover any overdue payments;

        2. pursuant to clause 1(d); or

        3. acting reasonably, if You are otherwise in breach of these Terms of Membership and such breach, if capable of remedy, is not remedied within thirty (30) days of notice from Heart Of Hollywood of such breach; or

      2. without cause on thirty (30) days’ notice to you subject to refund of a proportion of the Membership Fee being equivalent to the balance of the current Term.

    3. Upon termination of Membership You must continue to keep confidential all copies of any Collateral that Heart Of Hollywood has made available to You during the Membership.

    4. Unless your Membership is terminated in accordance with clause 2(b), any Fees paid are not refundable in the event of early termination by either party.

  10. Dispute Resolution

    1. If any dispute between You and Heart Of Hollywood arises out of or in connection with the Terms of Membership (Dispute), You must notify the director(s) of Heart Of Hollywood of the Dispute by email at  contact@heartofhollywoodmedia.com The parties must use their best endeavors to resolve the Dispute within ten (10) business days of the matter being referred to the director(s) of Heart Of Hollywood.

    2. In no circumstances will Heart OF Hollywood be responsible for any dispute arising between You and another Member. Any such dispute will be resolved between Members without any contribution or involvement from Heart Of Hollywood.

  11. Confidentiality

    1. The Terms of Membership and any other information made available to You by Heart Of Hollywood in relation to Membership (including Collateral) is confidential information. You must not disclose and must keep that information confidential at all times until that confidential information becomes generally available to, and known by, the public other than due to a breach of an obligation of confidence owed by You under these Terms of Membership.

    2. You must not make or authorize any press release or other public statement concerning Heart Of Hollywood or your Membership without the prior written consent of Heart Of Hollywood.

    3. Any publicity, advertising or other materials containing references to Heart Of Hollywood, or using Heart Of Hollywood intellectual property (whether registered or unregistered), must not be distributed or made public without Heart OF Hollywood prior written consent.

  12. Transfer of Membership and assignment

Your Membership, and your rights and obligations under these Terms of Membership are not transferable by you, nor able to be exchanged, resold or redeemed for cash. Heart OF Hollywood may assign or novate its rights or obligations under these Terms of Membership on written notice to you.

  1. No Waiver

Failure by Heart OF Hollywood at any time to enforce the provisions of these Terms of Membership will not be a waiver of any of Heart Of Hollywood’s rights under these Terms of Membership.

  1. Changes

Heart OF Hollywood may give notice by email to amend these Terms of Membership. If you renew your Membership You will be deemed to have agreed to the amendment and such amended Terms of Membership will apply for the new Term following Your renewal.

  1. Implied Warranties

    1. These Terms of Membership and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between the parties and, subject to the express terms contained in these Terms of Membership, all previous negotiations, representations, warranties, arrangements and statements (if any), whether expressed or implied, including any collateral agreement or warranty, regarding the subject matter or the intentions of either of the parties are hereby excluded and cancelled. You acknowledge that You have not been induced to enter into these Terms of Membership by any representation, advice or information given or made by or on behalf of Heart Of Hollywood.

Governing Law

These Terms of Membership are governed by the laws of CA U.S, and the parties submit to the exclusive jurisdiction of the courts of or in CA and the courts of appeal therefrom.

  1. Defined Terms and Interpretation

In these Terms of Membership:

  1. Application means your application for Membership made by completing the Membership Application Form.

  2. Application Fee means a fee payable by You to Heart Of Hollywood in accordance with clause 4 of these Terms of Membership in the amount set out in the Membership Application Form;

  3. Collateral means any documents or materials in any form (and all intellectual property rights therein) provided by Heart Of Hollywood to You or other Members in any form during the Term of your Membership;

  4. Fees means the Application Fee and the Membership Fee;

  5. Heart Of Mentoring means member induction training conducted by or on behalf of Heart Of Hollywood;

  6. Heart Of Hollywood Networking means the Heart Of Hollywood Networking group provided by Heart Of Hollywood Motion Pictures;

  7. Further Term means any further term, each of one year duration, of your Membership;

  8. Initial Term means the initial one year term of your Membership;

  9. Member means a member of Heart Of Hollywood Networking that has agreed to these Terms of Membership;

  10. Membership Application Form means the form set out on the reverse of these Terms of Membership;

  11. Membership Fee means the annual fee payable by You to Heart Of Hollywood in accordance with clause 4 of these Terms of Membership in the amount set out in the Membership Application Form in respect of the Initial term and thereafter for Further Terms in accordance with clause 4;

  12. Membership means your membership of Heart Of Hollywood Networking;

  13. Term means the Initial Term and/or any Further Terms; and

  14. You means the person whose details are set out in the Membership Application Form and Your has equivalent meaning.

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