Effective Date: 02.24.2020
- Description of Service and Acceptance of Terms
Through the Press Site, Hulu, LLC (“Hulu,” “we,” or “us”) makes available certain photography, written materials, images, video and other content (collectively, the “Content”) for use by authorized Press Site users (“Users” or “you”) for bona fide news and editorial reporting purposes in connection with Hulu and its programming. The Content, our player for viewing certain Content (the “Video Player”) and any other products, features, tools, materials, or other services (including third party branded services) offered from time to time by Hulu are referred to collectively as the “Services.”
- Changes to These Terms
We may need to make changes to these Terms from time to time for many reasons. If we make a material change to these Terms, we will notify you by posting a notice on the Press Site. Any material change to these Terms will be effective automatically 30 days after the revised Terms are first posted or, for Users who register or otherwise provide opt-in consent during this 30-day period, at the time of registration or consent, as applicable.
- Access and Use of the Services
3.1 Age Limitations. If you are under the age of 18, you are not permitted to register with this Press Site or provide your personal information to Hulu.
3.2 Your License. Hulu is pleased to grant you a non-exclusive limited license to use the Services, including accessing and viewing the Content, for non-commercial, bona fide news and editorial reporting purposes as set forth in these Terms. You must be an employee or authorized agent or contractor of a domestic press outlet or organization (i.e., one based in the United States that targets consumers based in the United States only). Shared access to the Press Site is prohibited; each individual must sign up for an account.
3.3 The Content. You may only access and view the Content for a non-commercial, bona fide news or editorial reporting purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless expressly permitted by Hulu in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
3.4 The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables Users to view the Content without: (i) displaying visibly the Video Player; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
3.5 Ownership. You agree that Hulu owns and retains all rights to the Services. You further agree that the Content you access and view as part of the Services is owned or controlled by Hulu, its affiliated entities and Hulu’s licensors. The Services and the Content are protected by copyright, trademark, and other intellectual property laws. Except as we specifically agree in writing, no element of the Service or the Content may be used or exploited in any way other than as part of the Services offered to you. You may own the physical media on which elements of the Services and/or Content are delivered to you, but we retain full and complete ownership of the Services and Content. We do not transfer title to any portion of the Services or Content to you.
3.6 Your Responsibilities. In order for us to keep the Services safe and available for everyone to use, we all have to follow the same rules of the road. You and other Users must use the Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the Services, Content, Video Player and embedding restrictions detailed above, and further agree that you will not use the Services in a way that:
- transfers the Content to a person or entity for purposes unrelated to your news or editorial reporting purpose at the time of your download;
- uses, publishes or disseminates the Content for any commercial purpose unrelated to news or editorial reporting;
- sells, leases, monetizes, archives, alters, duplicates, retransmits or redistributes any Content without the express written permission of Hulu;
- sublicenses, assigns or otherwise transfers any license granted to you hereunder;
- edits or otherwise alters the Content, except to edit the length of the Content (provided such edits do not alter the literal or dramatic content of the Content);
- uses the Content in any manner that is derogatory or defamatory to Hulu or any person or entity related to the Content;
- violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
- uses technology or other means to access, index, frame or link to the Services (including the Content) that is not authorized by Hulu (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services);
- involves accessing the Services (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
- introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- damages, disables, overburdens, impairs, or gains unauthorized access to the Services, including Hulu’s servers, computer network, or user accounts;
- removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Services (including the Content);
- encourages conduct that would constitute a criminal offense or give rise to civil liability;
- violates these Terms or any guidelines or policies posted by Hulu;
- attempts to do any of the foregoing.
You are responsible for taking reasonable steps to maintain the confidentiality of your user name and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your user name or password or of any other breach of security that you become aware of involving your account.
- Account Termination
We reserve the right to immediately terminate or restrict your account or your use of the Services or access to Content at any time, without notice or liability, if Hulu determines in its sole discretion that you have breached these Terms, violated any law, rule, or regulation, engaged in other inappropriate conduct, you are no longer an active, professional member of the news and entertainment media, or for any other business reason. We also reserve the right to terminate your account or your use of the Services or access to Content if such use places an undue burden on our networks or servers. In such case we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Services, and you agree not to circumvent, avoid, or bypass such restriction, or otherwise restore or attempt to restore such access or use.
Hulu, the Hulu logo, and other Hulu marks, graphics, logos, scripts, and sounds are trademarks of Hulu. None of the Hulu trademarks may be copied, downloaded, or otherwise exploited.
- Disclaimer of Warranties, Limitation of Liability and Indemnity
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE SERVICES, YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING THE PRESS SITE, THE CONTENT, THE VIDEO PLAYER, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PRESS SITE, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HULU DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL HULU OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “HULU PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PRESS SITE), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE HULU PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SERVICE OR $50 (WHICHEVER IS GREATER).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE HULU PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SERVICES (INCLUDING YOUR USE OF THE CONTENT). HULU RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
- General Information
7.1 International Use. The Content may not be used, published or disseminated outside the United States.
7.2 Choice of Law and Forum. These Terms are governed by, and construed in accordance with, the laws of the State of California without giving effect to principles of conflicts of law. You and Hulu agree to submit to the exclusive jurisdiction of the courts located in the Los Angeles County of the State of California to resolve any dispute that arises under these Terms or your use of the Services.
7.3 No Waiver/Reliance. If you see other parties violating these Terms, let us know at email@example.com (subject line: “TOU Violation”). Hulu will determine if and how to respond. Hulu’s decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy. Even if Hulu acts in a way that appears to you to be inconsistent with these Terms, Hulu’s action shall not be deemed a waiver or constructive amendment of these Terms.
From time to time, we may communicate with you about the Press Site and these Terms electronically (e.g., via emails to your registered email address or notices on the Hulu Site). You consent to receive electronic communications from Hulu and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. We recommend that you keep a copy of any electronic communications we send to you for your records.