ELIGIBILITY & ACCEPTANCE OF TERMS AND CONDITIONS
Welcome to www.molecasting.com (the “Site”), the official casting website for “The
Mole” (the “Program”) produced by HASCO Productions, Inc. for Stone & Company
Entertainment, Inc. intended for initial broadcast on the ABC Television Network(the
“Network”). This site is owned and operated by HASCO Productions, Inc. and/or its
subsidiaries (collectively “HASCO” or “we”).
By using the Site, you understand, acknowledge and agree that you will be bound by all
terms, conditions and notices contained or referenced herein (the "Terms of Use"). In
addition, you shall be subject to any posted guidelines, conditions or rules applicable to
this Site or any services or products offered through this Site, which may be posted from
time to time. All such guidelines, conditions or rules, as well as the Privacy Policy, are
hereby incorporated by reference into these Terms of Use. These Terms of Use will remain
in full force and effect as long as you are a user of the Site. We may change the Terms of
Use at any time by posting revisions to the Site, and your continued use of the Site
indicates your agreement to the revised terms. Accordingly, we urge you to review the
Terms of Use, and if you do not agree to the terms of this or any revised policy, please exit
the site immediately. We recommend that you periodically visit this page to review the
current Terms of Use.
The terms “you” and “user” as used in the Terms of Use refer to all individuals and/or
entities accessing this Site for any reason.
INTELLECTUAL PROPERTY
You acknowledge that all content and materials available on this site, including without
limitation software, text, graphics, images, audio and video clips, artwork, photographs,
logos, button icons, documents and marks and any other material on the Site including
the selection and arrangement thereof, are protected by national and international
copyrights, trademarks, service marks, patents, patent registration rights, trade secrets,
know-how or other proprietary rights and laws and are owned by and/or its subsidiaries,
affiliates, assigns, licensors, the Site's designer, hosting, programming and contest
management/prize fulfillment vendors, and/or the Site’s advertisers, sponsors, and
promotional partners. Except where otherwise noted, you may download, print or view
individual pages for noncommercial use, provided you do not delete or alter any of the
information, including, without limitation, any copyright or trademark notices. You may
only use the Site or its contents as expressly permitted in these Terms of Use and for no
other purpose. HASCO, our licensors or associates retain exclusive ownership of all data,
material and other information regarding your use of the Site. Except as we may
expressly authorize, you agree not to sell, license, rent, modify, distribute, copy,
reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create
derivative works from the content or materials on the Site. Systematic retrieval of data or
other content from the Site to create or compile, directly or indirectly, a collection,
compilation, database or directory without our written permission is prohibited. Unless
otherwise indicated, all logos, names, package designs and marks on the Site are
trademarks or service marks or used under license byHASCO . The use or misuse of any of
these materials is strictly prohibited.
Notwithstanding any statement to the contrary in these Terms of Use, you will not use or
attempt to use, and shall cause each other party under your control not to use or
attempt to use, any engine, software, tool, agent or other device or mechanism to
navigate or search the Site other than (a) the search engine and search agents
available from the Site and (b) generally available third-party web browsers.
COPYRIGHT INFRINGEMENT NOTIFICATION PROCESS
If you believe that your work has been copied and is accessible on this Site in a way that
constitutes copyright infringement, you may notify us by providing our copyright agent
with the following information:
1. An electronic or physical signature of the copyright owner or someone authorized to
act on the owner's behalf to assert a claim of copyright infringement.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at this Site are covered by a single notification, a representative list of
such works at this Site.
3. Identification of material 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.
4. Information reasonably sufficient to permit us to contact the complaining party, such
as the party's name, address and daytime telephone number, and an e-mail address, if
available.
5. A statement that the complaining party has a good faith belief that the use of the
infringing copyrighted work is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of
perjury, that the complaining party is authorized to act on behalf of the owner of an
exclusive copyright right that is allegedly infringed.
Such written notice should be sent to our copyright agent as follows:
HASCO Productions, Inc.
1040 N. Las Palmas Ave. Bldg 1
Los Angeles, CA 90038
ATTE: Website Administrator
The above address is intended only for notifications and any related correspondence
regarding claims of copyright infringement on this Site. Correspondence pertaining to
other matters will not receive a response if sent to the above point of contact. Please
note that any person who submits a false or fraudulent claim of copyright infringement
may be subject to liability under U.S. copyright law.
PRIVACY POLICY
To participate in various activities on the Site, you may be asked to provide certain true,
complete and current Personal Information or Sensitive Personal Information. All Personal
Information, Sensitive Personal Information, and any additional type of information
collected from users in general are subject to our Privacy Policy, which is incorporated by
reference into this agreement.
You further agree that the Site may save and archive any content of any nature posted
to the Site and that the Site may, without liability to any user, disclose such content if
required to do so by law or to comply with legal processes; to respond to claims that any
of the content violates the property, privacy, publicity or any other rights of another
individual, organization or corporation; or to protect the rights, property or safety of the
Network, the Site, its corporate affiliates, Advertisers, employees, suppliers, operational
service providers, users and members of the public.
EMAIL
All email sent to us should be sent by the individual in whose name the email account is
registered. We will use your email address and the content of any email for
administrative, legal, and correspondence purposes and to send you information that
you may request. HASCO assumes no obligation to protect such information from
disclosure, and all non-personal content you provide to the Site by email (such as
feedback, data, answers, questions, comments, suggestions, plans, ideas, etc.) shall be
deemed to be non confidential. You understand and agree that we shall be free to
reproduce, use, disclose and distribute such content without restriction. In addition, you
understand and agree that the submission of such information shall in no way prevent or
limit the Network’s use of similar products, services, plans and ideas for any purpose.
HYPERLINKS TO THIRD PARTY WEBSITES
This Site may provide links to certain third party websites and references to other
resources that could be of interest to our users. You understand, acknowledge and
agree that these links are provided solely as a convenience to you and not as an
endorsement by HASCO of the content, advertising or business practices (including the
privacy policies) of such third party websites, regardless of whether the Network’s logo or
sponsorship identification is on the third party website, or whether the Site conducts
“framing,” which allows a user to access several web pages or websites while still viewing
a header or border from this Site. These third party websites may have different privacy
policies and business practices than we do. Therefore, we do not endorse, verify, make
any representations, or take responsibility for the content, truthfulness, accuracy, quality
or completeness of the content or activities conducted on such websites. You further
agree and consent that HASCO and its respective officers, directors, employees,
representatives, agents, and operational service providers will not, under any
circumstances, be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with your use of or reliance on the
content, advertising or business practices of linked third party sites. If you decide to
access and use linked third party websites, you understand, acknowledge, and agree
that you do so voluntarily and at your own risk.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "CONTENT") ARE PROVIDED "AS
IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE
INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
NEITHER NETWORK, HASCO, NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY
THAT THE CONTENT OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY SOFTWARE, PRODUCTS,
SERVICES, INFORMATION, TEXT, RELATED GRAPHICS, DESIGN, VIDEO CLIPS, AUDIO CLIPS,
ARTWORK, IMAGES, PHOTOGRAPHS, LINKS, DATA, OR OTHER MATERIAL, IS ACCURATE,
RELIABLE, COMPLETE, TIMELY OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT
THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL
ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR
RECOMMENDATIONS ON THE SITE. YOUR USE OF THE SITE IS UNDERTAKEN SOLELY AT YOUR
DISCRETION AND OWN RISK. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED
FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE SITE IS NOT RESPONSIBLE FOR
THOSE COSTS.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME OF THE
DISCLAIMERS IN THIS AGREEMENT MAY NOT APPLY TO YOU BY OPERATION OF LAW.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL NETWORK, OUR PARENT, SUBSIDIARIES, OWNER,
OPERATOR, AFFILIATES, SUCCESSORS AND ASSIGNS OR OUR LICENSORS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, COMPENSATORY, SPECIAL OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR
FROM INFORMATION PROVIDED ON THE SITE OR THE PROVISION OR FAILURE TO PROVIDE ANY
SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY,
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR
LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
NETWORK IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED
OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, OR ANY COMPUTER VIRUS
OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
IN NO EVENT SHALL NETWORK’S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE) EXCEED
THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
INDEMNIFICATION
You agree to defend, indemnify, and hold the HASCO Productions, Inc., Stone &
Company Entertainment, Inc., ABC Television Network, and each of their parents,
subsidiaries, affiliates, and their employees, officers, directors, agents, representatives,
and contractors harmless from any and all liabilities, claims, actions, demands, costs and
expenses, including reasonable attorney's fees, that arise from your use or misuse of the
Site or the Content therein or from your breach of any provision of these Terms and
Conditions. We reserve the right, at our own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, in which event
you will cooperate with us in asserting any available defenses.
SECURITY OF THE SITE
As a user of this Site, the following actions are prohibited:
• Accessing data not intended for such user or logging into a server or account
in which the user is not authorized to access.
• Attempting to probe, scan or test the vulnerability of the system or network or to
breach the security or authentication measures of the Site without proper
authorization.
• Forging any headers or otherwise manipulation of Site identifiers in order to
disguise the origin of transmission through the Site.
• Attempting to interfere with service to any user, host or network, including,
without limitation, via means of submitting a virus to the Site, overloading,
"flooding," "spamming," "mailbombing," or "crashing" the Site or the server of any
user.
• Sending unsolicited commercial email individually or in bulk (also called, Spam),
which promotes or advertises the Network, the Site, or any other activity,
program, product, or service.
• Harvesting email addresses off this Site through an automated process.
• Bypassing this Site’s homepage via deep-linking or any other means, or framing
this Site, or any webpage or material on the Site without the express written
permission from HASCO. Users are also prohibited from hyperlinking to this Site or
any webpage in an email sent for commercial purposes, without the express
written permission of HASCO.
• Attempting to gain unauthorized access to the Site’s features or activities,
interfering with or manipulating in any manner the entry or registration process
for contests, sweepstakes, surveys, opinion polls, chat rooms, message or bulletin
boards, or any other interactive features and activities on this Site.
• Falsifying identification or impersonating any person or entity, including, but not
limited to, a Site or Network official, host, or guide, when accessing or
participating in such features and activities.
• Setting up fake sites or other dummy sites that appear to be the Site, mirroring the
Site’s contents, or otherwise copying any part of the Site Material and/or layout.
Violations of the Site’s system or network security may result in civil or criminal
liability. HASCO may investigate possible violations of system or network security
and reserves the right to involve, and cooperate with a user’s employer, Internet
Service Provider, and/or law enforcement authorities in investigating and/or
prosecuting users who are involved in such violations. HASCO may, in its sole
discretion, terminate the membership of any person believed to have violated
any of its security provisions.
UNAUTHORIZED USE AND TERMINATION
You agree to use the Site only for authorized and legal activities. HASCO reserves the
right, in its sole discretion, to terminate your access to all or part of the Site, with or
without notice, at any time and for any reason whatsoever. In the event of such
termination, you will still be bound by your obligations under these Terms of Use, including
the warranties made by you, and by the disclaimers and limitations of liability.
Additionally, HASCO shall not be liable to you or any third party for any termination of
your access to all or part of the Site.
MODIFICATION, SUSPENSION OR DISCONTINUANCE
HASCO reserves the right to modify or discontinue the Site (or any part thereof) at any
time, on a temporary or permanent basis, with or without notice. You understand,
acknowledge and agree that HASCO will not be liable to you or to any third party for
any such modification, suspension or discontinuance of any or all services offered on the
Site. No changes to these Terms of Use shall be made except by a revised posting on this
page and no advice or other information provided by HASCO or its representatives to
any user in any manner which is not posted on this page will constitute any amendment
of, waiver or change to this Agreement, unless such an amendment, waiver or change is
in writing from HASCO.
INTERNATIONAL USE
By choosing to access the Site from any location other than the United States, you do so
at your own risk and initiative and accept full responsibility for compliance with all
applicable local laws of that jurisdiction. HASCO makes no representation that materials
on the Site are appropriate or available for use in locations outside the United States,
and accessing them from territories where their contents are illegal is prohibited.
CHOICE OF LAW
This Agreement shall, for all domestic and international purposes, be governed,
interpreted, construed and enforced solely and exclusively in accordance with the laws
of the State of California, U.S.A., without regard to conflicts of law provisions. You expressly
agree that the exclusive jurisdiction for any claim or action arising out of or relating to
these Terms of Use or your use of the Site shall be filed only in the state or federal courts
located in the State of California, and you further agree and submit to the exercise of
personal jurisdiction of such courts for the purpose of litigating any such claim or action.
INTEGRATION AND SEVERABILITY
These Terms of Use constitute the entire agreement between HASCO and you with
respect to the Site and supersedes all prior or contemporaneous communications and
proposals between us with respect to the Site. If any provision of these Terms of Use
agreement, or the application thereof to any person or circumstances, is determined to
be invalid or unenforceable by any court having competent jurisdiction, the invalidity or
unenforceability of such provision shall not affect the validity and application of the
remaining provisions, and all other provisions of the Terms of Use shall remain in full force
and effect. No waiver of any provision of these Terms of Use shall be deemed a further or
continuing waiver of such term or any other term. Except as specifically provided
elsewhere herein, these Terms of Use constitute the entire agreement between you and
HASCO with respect to the use of the Site.
CONTACT INFORMATION
If you have any questions regarding this Agreement, please contact the Site
Administrator at:
HASCO Productions, Inc.
1040 N. Las Palmas Ave. Bldg 1
Los Angeles, CA 90038
ATTN: Website Administrator
This Terms of Use Agreement was last updated on January 2008 and is effective
immediately.
Copyright ©2008 HASCO Productions, Inc. All rights reserved.