1. Description of Service: These Terms of Services are applicable to all users of online media services and music and film award nomination submissions through its website located under www.holidaymusicandfilmawards.com (the “website”) and related domains, sub domains, and mobile and desktop applications (individually and collectively the “Services”). These Terms govern your use of the services of the, including all functionalities, features, audio, visual, written media, PDF, Website links and user interfaces, and all content and software associated with the Services as provided by the HOLIDAY MUSIC AND FILM AWARDS (the “Company”).

2. Acceptance of Terms: By accessing and using this website, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you should not proceed further.

3. Eligibility: Nomination submissions are open to individuals who are at least 18 years old. If you are under 18, you must obtain parental or legal guardian consent before submitting nominations.

4. Nominations: All nominations must be submitted through the designated online form provided on the website. The nominations should comply with the specified guidelines and include accurate and up-to-date information about the nominee.

5. Your Conduct: The Services may be used only for lawful purposes relating to submitting nominations and related materials. The Company specifically prohibits any use of the Services, and all users agree not to use the Services, for any purposes other than those designated by the Company.

You are prohibited from violating or attempting to violate the security of the website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) scraping or harvesting data or (f) the use of robots to skew data.

Violations of system or network security or inappropriate conduct may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement entities in prosecuting users who are involved in such violations.

6. Intellectual Property: By submitting a nomination, you represent and warrant that a) the content is yours (you own it), or b) you have the necessary rights or permissions to nominate the content creator/owner, use the content, and grant Company the rights and license as provided in these Terms. You agree not to submit any content that infringes upon the intellectual property rights of others.

7. Privacy and Data Collection: The website may collect personal information as part of the nomination process. The collection, storage, and use of this data will be governed by the website’s Privacy Policy, which can be accessed separately.

8. Verification and Disqualification: The website reserves the right to verify the accuracy of nominations and disqualify any nomination that does not comply with the terms or contains false or misleading information. The website’s decisions regarding disqualification are final and binding.

9. Award Selection: The selection of award recipients will be conducted by the Company’s Independent Advisory Committee as determined by the website. The website will announce the selected winners on the specified date and may notify winners via email or other means.

10. Rights and Permissions: By submitting a nomination, you grant the Company a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute the nominated content for promotional and award-related purposes. You retain any and all of your rights to any content you submit through the website and you are responsible for protecting those rights. You agree that this license includes the right for Us to make your content available to other users of the website, who may also use your content subject to these Terms.

11. Content Restrictions: You may not transmit any content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, refuse or remove content that it determines is not appropriate and fails to comply with these Terms.

12. Disclaimer of Liability: The Company, the website, and its operators shall not be liable for any loss, damage, or injury arising from the use or inability to use the website, including any errors, omissions, interruptions, or inaccuracies in the content or nominations.

13. Intellectual Property: HOLIDAY MUSIC AND FILM AWARDS and any other Company trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of the Company, and any unauthorized use of such trademarks and trade names is prohibited.

The Services (including without limitation all programs, complied binaries, interface layout, interface text, documentation, resources and graphics) is the sole and exclusive property of the Company and is protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries.

You agree that the Company owns and retains all rights to the Services and that all content is solely owned and controlled by the content provider and all such material are protected and copyrighted, trademarked and protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries.

You may not sell or modify, reproduce, display, publicly perform, distribute, or otherwise use the content contained on the website in any way for any purpose.

14. Intellectual Property Infringement: We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of our copyright agent via email at [email protected] and include in your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims
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):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
  • A description of the copyrighted work that your claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that you claim is infringing is located.
  • Your address, telephone number, and 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.
  • 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.

You can contact our copyright agent via email at [email protected]. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the website.

15. Links to Other Websites: The website may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

16. Warranty Disclaimer: The Service is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

17. Indemnification: You agree to defend, indemnify, and hold harmless the Company and its subsidiaries, affiliates, officers, directors, employees, agents, representatives, and partners, harmless, from and against any loss, liability, claim, action, or demand, including without limitation reasonable legal and accounting fees, alleging or resulting from a) your use of the Services, b) any content uploaded by you, or c) your breach of the Terms of this Agreement. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. The Company reserves the right to assume the exclusive defense and control of any matter subject to immediate indemnification.

18. Modifications: The website reserves the right to modify these Terms and Conditions at any time without prior notice. It is your responsibility to review the terms periodically to stay informed of any updates or changes, and any subsequent use by you of the Services following changes to these Terms of Service shall constitute your acceptance of all such changes.

19. Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Florida. without regard to conflict of laws and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). You irrevocably consent to the exclusive jurisdiction of the courts located in the in the State of Florida in connection with any action arising out of or related to these Terms and Conditions and waive any objection based on lack of personal jurisdiction, place of residence, improper venue forum non-convenience in any such action.

20. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

21. Waiver: Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.