Terms of Use

1. Introduction

Welcome to the Golden Globe Foundation website at https://www.ggfdn.org (collectively, the “Site”) which is operated by the Golden Globe Foundation (“GGF” “our,” “we,” or “us”). The following terms and conditions (“Terms”) govern your use of the Site, including any content, functionality, services, or features made available to the Site. We may change the Terms from time to time, at any time without notice to you, by posting such changes on the Site. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AS APPLIED TO YOUR USE OF THE SITE.

IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT ACCESS OR OTHERWISE USE THE SITE.

2. General.

Unless otherwise noted and agreed to by GGF in writing, the content on the Site is intended for personal, non-commercial purposes only. You agree to use the Site only for lawful, noncommercial purposes and in compliance with these Terms and all international, federal, state and local laws. Except as expressly permitted in these Terms, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way exploit the content of the Site. You specifically agree not to access, attempt to access (or assist or enable others to access) any of the Services through any automated means (including use of scripts, web crawlers, harvesting bots, robots, spiders, or scrapers).

We grant you permission to use the Services subject to restrictions in these Terms. Your use of the Services is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

3. Change to the Terms.

The effective date of these Terms is set forth above. We will notify you of any material changes by posting notice on this webpage. Whenever possible, we will notify you in advance of our changes. Your continued use of the Site after the effective date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions of the Terms. For this reason, we encourage you to review these Terms any time you access or use the Site.

4. Privacy.

GGF respects your privacy when browsing our Site and any services we offer on our Site. We have developed a Privacy Policy in order to inform you of our practices with respect to the collection, use, disclosure and protection of your information. You can find the Privacy Policy, which is incorporated into these Terms, by clicking here, and by using this Site you agree to the terms of the Privacy Policy.

5. Proprietary Rights.

The Site, and all of its contents (including, text, copy, audio, video, photographs, graphics, illustrations, other visuals, product information, promotional and marketing materials images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, titles, characters, text, names, graphics and button icons, excluding any Submitted Materials) (“Proprietary Materials”) code, data, and materials thereon, organization, design, and look and feel of the Site, and the compilation of the foregoing on the Site are the property of GGF and or third-party licensors. Your use of the Site does not grant to you ownership of any such content, code, data, or materials you may access on or through the Site.

No permission or license is granted or implied to use the trademarks, logos, service marks and trade names displayed on the Site, on content made available through the Site (collectively, “Trademarks“). Other company, products, and service names and logos used and displayed through the Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to GGF. GGF’s Trademarks may not be used without our prior written permission, and the Trademarks of third parties may not be used without the prior written permission of their respective owners.

Except as otherwise provided in these Terms or without our express prior written permission, you may not, and agree that you will not, use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify the Proprietary Material or any portion thereof, for any purpose or by any means, method, or process now known or later developed. Modification of the materials appearing on the Site or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.

6. Limited License.

You may access and view the content on the Site on your computer or other device and, unless otherwise indicated in these Terms or on the Site, make single copies or prints of the content on the Site for your personal, internal use only. Unless otherwise specifically indicated in these Terms or on the Site, use of any services offered on or through the Site are only for your personal, non-commercial use. Third party services linked through the Site may be subject to additional terms.

7. Eligibility.

You represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence, (b) have not previously been suspended or removed from the Site, and (c) have full power and authority to enter into the Terms and in doing so will not violate any other agreement to which you are a party. 

8. Submitted Materials.

You are solely responsible for all information, text, data, images, music, photographs, video, graphics, messages and all other materials that you upload, post, publish, transmit (including by email), or display through or upload to the Site, including comments and thank you letters.

Unless specifically requested, we do not solicit nor do we wish to receive any secret, confidential, or proprietary information or other materials from you through the Site, by email or in any other way. Any ideas, suggestions, creative works, concepts, designs, systems, methods, plans, techniques, or other materials submitted or sent to us (“Submitted Materials“) will be deemed not to be confidential or secret and may be used by us in any manner consistent with the Site’s Privacy Policy and/or as otherwise provided at the time of submission. By submitting or sending Submitted Materials to us, you: (a) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, that you are not a minor, that any “moral rights” in Submitted Materials have been waived, that you have not received any compensation or consideration from any entity in exchange for any product review included in any Submission, and you do not work for any company or agency hired by GGF to promote GGF activities, and (b) you grant us and our affiliates and third-party service providers who provide content management services (the “Licensed Parties”) a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, store, and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. You also grant the Licensed Parties the right to use your submitted name, real name, image, likeness, caption, location or other identifying information in connection with any use of your Submitted Materials. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.

9. Prohibited Conduct.

You agree that you will not use the Site in any manner that: (a) is an advertisement or endorsement of a product or service; (b) is knowingly false, malicious, discriminatory or intended to mislead, confuse, or deceive others; (c) promotes illegal or harmful activities or substances; (iv) is harassing, threatening or insulting to others; (d) violates the privacy, publicity, moral or any other proprietary right of others; (e) is defamatory, obscene, pornographic, vulgar or offensive; or (vii) otherwise violates these Terms.

You also agree not to do any of the following while accessing or using the Site or its content: (i) (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading indications of endorsement, origin, or statements of fact; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site, or any service offered on the Site, or any related website for violating any of the prohibited uses. You acknowledge that you do not acquire any ownership rights by downloading or otherwise using any copyrighted material from or through the Site. If you make other use of the Site, or the content, code, data, or materials thereon or available through the Site, except as otherwise provided above, you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use.

We reserve the right to terminate your access to the Site if you engage in any of these prohibited activities. Additionally, we reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Site but have the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court or other governmental authority.

10. Claims Regarding Copyright Infringement.

Notice.  If you are a copyright owner or an agent thereof and believe that any Submitted Materials or other content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

• Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and, if available, your email address;

• A 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

• A statement, under penalty of perjury, that the information in the above notification is accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent to receive notifications of claimed infringement is: Gregory P. Goeckner, Golden Globe Foundation, 650 N Robertson Blvd., West Hollywood, CA 90069, ggoeckner@stg-goldenglobefoundation-dev.kinsta.cloud. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to us at the contact details below.  You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.

After receiving a claim of infringement, we will process and investigate the claim and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.

Counter-Notice. If you believe that your Submitted Materials that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to post and use the content in your Submitted Materials, you may send a counter-notice containing the following information in writing to the Copyright Agent:

• Your physical or electronic signature;

• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or access to it was disabled;

• A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake, or a misidentification of the content removed or disabled; and

• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal district court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a proper counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we will replace the removed content or cease disabling access to it in 10 business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after the Copyright Agent’s receipt of the counter-notice, at our sole discretion.

11. Third Party Websites and Tools.

The Site may contain links to other sites maintained by third parties. These links are provided only as a convenience to you. GGF has no control over, and is not responsible for any content, products or services offered by or found on third party sites, or their privacy policies. Links to third party sites do not constitute an assumption of liability or sponsorship, endorsement or approval of these sites or the content contained in these sites.

12. Events.

You may be invited or asked to attend events we sponsor, or events held by other members and users of the Site which are not in any way associated with us (collectively, “Events”). Your participation in any Events is not at your sole discretion and is at your own risk and you agree to release and hold us and our agents, distributors, officers, directors, members and employees harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, any injury or death to you or your minor children or wards, resulting from attending the Events or participation in any activities available at the Events.

13. Disclaimer of Warranties; Limitation of Liability.

All reasonable efforts have been made to include accurate and up-to-date information on the Site. However, the GGF makes no representations or warranties, express or implied, as to the completeness or accuracy of any content included on the Site. All such documents, information and content on the Site are provided “as is” without warranty of any kind. Your use of the internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations. While GGF endeavors to protect the personal information you may provide to it, please be advised that the confidentiality of any communication or material transmitted to or from this Site over the internet cannot be guaranteed. Accordingly, GGF is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Moreover, GGF will not be liable for any loss resulting from interruptions or omissions in internet, communications, data processing, network or hosting services. You assume the sole and complete risk of usiNg the Site.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF AND RELIANCE ON ANY INFORMATION OBTAINED FROM OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION SUBMITTED MATERIALS.  YOUR USE OF THE SITE IS AT YOUR OWN RISK.  THIS SITE AND ANY FEATURE ON THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS.  GGF, AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS AND LICENSEES (THE “GGF PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF ANY INFORMATION INCLUDED ON THIS SITE, THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, FEATURES, MATERIALS, OR PRODUCTS INCLUDED HEREIN.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE GGF PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTY CONCERNING THE AVAILABILITY, PLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTY OF TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.

THE GGF PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE ACCURACY OF ANY INFORMATION INCLUDED HEREIN, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE GGF PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR SUBMITTED MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.  YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR FOR DISPUTES AGAINST US OR ANY OF OUR AFFILIATES IS TO DISCONTINUE YOUR USE OF THE SITE. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.  IN SUCH JURISDICTIONS, THE LIABILITY OF THE GGF PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS PARAGRAPH WILL ONLY APPLY IF A COURT WITH APPLICABLE JURISDICTION FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE OR TO OTHERWISE VIOLATES APPLICABLE LAWS. NOTHING IN THESE TERMS SHALL EFFECT A WAIVER OF ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

14. Indemnification.

You agree to indemnify, defend and hold harmless the GGF Parties from and against any claim or demand, including any and all losses, liabilities, alleged and actual claims, demands, damages, costs or expenses (including reasonable attorney’s fees, personal injury or death), regardless of whether they arise out of or are attributable to any act or omission, negligent, or otherwise, of the GGF Parties or any third party vendor, causes of action, suits, proceedings, judgments, awards, executions, and liens, whether brought by third parties or otherwise, due to or arising out of or in connection with: (a) your use of the Site, including your Submitted Materials, (b) your breach or alleged breach of these Terms, including Section 7 (Submitted Materials), or any violations thereof by your dependents or which arises from the use of Submitted Materials you submitted, posted, or otherwise provided to GGF or this Site, and any abusive or unlawful behavior, or (c) your infringement of any intellectual property or privacy right of any third party.

The foregoing indemnity obligations will survive any termination of the Terms.  This indemnification provision shall apply to third party claims as well as claims between you and the GGF Parties under these Terms. GGF reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of GGF.  GGF will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

15. Termination.

These Terms automatically terminate when you fail to comply with any term or condition of them. We reserve the right to refuse access to the Site to anyone for any reason at any time. We may terminate, change, suspend or discontinue any aspect of the Site at any time. We may restrict, suspend or terminate your access to the Site if we believe you are in breach of these Terms or applicable law, or for any other reason without notice or liability. Termination will not limit any of GGF’s other rights or remedies. This Section 14 (Termination), along with Sections 4 (Proprietary Rights), 12 (Disclaimer of Warranties; Limitation of Liability), 13 (Indemnification), and 15 (Governing Law; Miscellaneous), along with any other Section or clause which by its nature is intended to survive termination of the Terms, shall so survive. 

16. Governing Law; Miscellaneous.

While we invite visitors from all parts of the world to visit the Site, visitors acknowledge that the Site, and all activities available on and through the Site, are governed by the laws of the United States of America and the laws of the State of California. We do not represent that materials on the Site are appropriate or available for use in other locations or that we comply with the local law of such other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree that the laws of the State of California, excluding its conflict of laws rules, and these Terms, our Privacy Policy and any other policies posted from time to time on the Site applicable to your use of the Site shall govern your use of the Site. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with us (or any of our members or affiliates) or relating in any way to your use of the Site resides in the courts of the County of Los Angeles, State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of Los Angeles, State of California, in connection with any such dispute and including any claim involving us or our employees, contractors, members, officers, directors, telecommunication providers and content providers. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and GGF as a result of this agreement or use of the Site. YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE SITE OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE ACT OR OMISSION GIVING RISE TO THE CLAIM OR CAUSE OF ACTION AROSE.

Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right of ours. You may not assign these Terms without the prior written consent of GGF, but we may assign these Terms without any notice to you. Furthermore, The failure of GGF to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Foundation, shall not be deemed a breach of these Terms.

These Terms and our Privacy Policy are the entire agreement between you and us with respect to the Site and any Submitted Materials and supersede all prior or contemporaneous communications and understandings (whether oral, written or electronic) between you and us with respect to those matters. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. Both you and GGF acknowledge and agree that no partnership is formed and neither of you nor Foundation has the power or the authority to obligate or bind the other.

17. Contact Us.

Please feel free to contact us via one of the methods described on our Contact Us page, or send a letter to the Golden Globe Foundation, 650 N Robertson Blvd., West Hollywood, CA 90069. You agree that we may send notices to you regarding your use of the Site by means of electronic mail, a general notice posted on the Site or by written communication delivered either by overnight courier or U.S. mail to your email or mailing address as appearing in our records from time to time.