Actingscout Terms of Service
Actingscout.com Terms of Service Agreement
Welcome to Actingscout.com. THE FOLLOWING
DESCRIBES THE TERMS UNDER WHICH Actingscout.com OFFERS YOU ACCESS TO ITS
SERVICES. You must be at least 6 years old to become
a Actingscout.com member and/or use any Actingscout.com services.
In addition, before you can become a Actingscout.com member and/or use
the
Actingscout.com Web site if you are between the ages of 6 and 17, inclusive,
you must obtain permission from your parent or guardian. By agreeing to Actingscout.com's
terms of service you are stating that you are 18 years of age or older, or
if you are between the ages of 6 and 17, that a parent or guardian is aware
of and has given permission to you to use the Actingscout.com's
website
You must review this Terms of Service if you want to become a Actingscout.com
member. If you agree with the Terms of Service, please click on the "I
Agree" button. By clicking on the "I Agree" button and/or otherwise
using the Actingscout.com Web site you agree to the terms, conditions,
notices and guidelines contained in this Terms of Service Agreement and, where
applicable, you represent that you have obtained permission from your parent
or guardian.
Please be advised that we may amend this Agreement at any time
by posting the amended terms on our site. The amended terms shall be automatically
effective immediately after they are initially posted on our site. This Agreement
may not otherwise be amended except in a writing signed by both parties.
This Agreement was last revised on July 22, 2005.
1. DESCRIPTION OF SERVICE
Actingscout.com provides a variety of free and paying online services
including but not limited to professional directories, online portfolios,
and composite cards
accessible through various URL's including but not limited to http://www.Actingscout.com and
its affiliate sites ("Actingscout.com Web Site", "this
Web Site", "Actingscout.com resources", "services").
These services are usable by all registered users and may be viewed by registered
users, with the exception of the paying services that are limited to paying
members only but may be viewed by registered users. Authorized Modeling
agency scouts
using the Actingscout.com Agency Services (hereinafter "Professional
Members") may also be able to view your online portfolio.
By paying the applicable
membership fee, you are paying for the right to post your online Portfolio
and composite card on Actingscout.com and access various Actingscout.com
paying member-only services. Your Actingscout.com portfolio may be seen
by
Professional Members who use Actingscout.com's
services.
Actingscout.com is not a Talent Agency. Actingscout.com does not
represent you or its members as an agent, manager or otherwise. By signing
up for our free model search or paying the applicable membership fee, you are
paying for the right to post your online comp card on Actingscout.com
and access various Actingscout.com services. Your Actingscout.com
portfolio may be seen by Registered Users who use Actingscout.com's services.
Registered Users who use Actingscout.com's services may be charged a commission
or fee related to their use of the Actingscout.com service but Actingscout.com
members are not charged any commission or fee related to their employment received
from Registered User through Actingscout.com. Accordingly,
you are responsible for the applicable membership fee regardless of whether
or not you secure work and/or are contacted by a Registered User.
2. REGISTRATION OBLIGATIONS
In order to use Actingscout.com's resources, you must obtain access
to the World Wide Web, pay any service fees associated with such access, and supply
all equipment necessary to make a connection with the World Wide Web.
By using
any of Actingscout.com's services, you agree to: (a) provide
true, accurate, current and complete information about yourself as prompted by
the service's registration form and (b) maintain and promptly update the registration
data to keep it true, accurate, current and complete. Actingscout.com has
the right to suspend or terminate your account if you violate the above or Actingscout.com
has reason to believe that you have violated the above.
3. AGE REQUIREMENT
Actingscout.com does not permit children under the age of 6 to become
members, or create online portfolios. In addition, before
you can become a Actingscout.com member and/or use the Actingscout.com
Web
site if you are between the ages of 6 and 17, inclusive, you must obtain permission
from your parent or guardian.
4. MEMBER PRIVACY
It is Actingscout.com's
policy to respect the privacy of its members. Actingscout.com does
provides certain
user information in aggregate form to third parties, including its
advertisers. However, you agree that Actingscout.com may access
your account, including its contents, as stated above or to respond to
service or technical issues.
5. MEMBER CONDUCT
You understand and are aware that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials (hereinafter "content"),
whether publicly posted or privately transmitted are the sole responsibility of
the person from which such content originated. This means that you, and not Actingscout.com,
are entirely responsible for all content that you upload, post, or otherwise transmit
via any of Actingscout.com's services. Actingscout.com does
not control the content posted on its services and therefore does not guarantee
its
accuracy, integrity or quality. The opinions
and views expressed by Actingscout.com's members or visitors do not
necessarily represent those of Actingscout.com.
Actingscout.com reserves the right
to modify or remove anything submitted to its service and to cancel any free membership,
at any time, for any reason and
without prior notice. In addition, Actingscout.com, in its sole discretion, may terminate
your account including accounts of paying members, or block your access to certain
member features including but not limited to the member forums, for violation of
the letter or spirit of the TOS.
You agree to notify Actingscout.com immediately
of any unauthorized use of your account or any other breach of security.
The following
is a non-exclusive list of actions and content that are prohibited on Actingscout.com's
site:
(a) Any use of copyrighted, trademarked, patented, or otherwise service marked
material without the express permission of the author or owner, the commission
of any acts of copyright, trademark or any other intellectual property infringement,
or contributing to, inducing, or facilitating such infringement. This prohibition
includes all forms of software piracy;
(b) uploading, posting or otherwise transmitting
any content that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene,
libellous, invasive of another's privacy, hateful or racially, ethnically or otherwise
objectionable. This also includes content that promotes illegal activity in any
way. Actingscout.com reserves the right to report violations of this provision
to, and will cooperate with, law enforcement authorities;
(c) the harming of minors
in any way;
(d) the manipulation of identifiers in any way in order to disguise
the origin of any content transmitted through Actingscout.com's services
or develop restricted or password-only access pages, or hidden pages or images;
(e) the uploading, posting or transmission of any material that contains software
viruses or any other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software, hardware or telecommunications
equipment;
(f) intentionally or unintentionally violating any applicable local,
state, national or international law;
(g) the collection or storage of personal
data about other users;
(h) impersonating any person or entity, including but not
limited to, a Actingscout.com official, forum leader, guide or host, or misrepresentation
of your affiliation
with a person or entity;
(i) uploading, posting or otherwise transmitting any content
that you do not have the right to transmit under any law or contractual or fiduciary
relationships (such
as inside information, proprietary and confidential information learned or disclosed
as part of employment relationships or under nondisclosure agreements);
(j) uploading,
posting or otherwise transmitting any unsolicited or unauthorized advertising,
promotional materials, "junk mail", "SPAM", "chain
letters", pyramid schemes", or any other form of solicitation;
(k) disrupting
the normal flow of dialogue, causing a screen to "scroll" faster
than other users of the service are able to type, or otherwise acting in a manner
that negatively affects other users' ability to engage in real time exchanges;
(l) having multiple Actingscout.com portfolios with different names or inaccurate
or inconsistent information; posting any incomplete, false or inaccurate portfolio
information or information which is not your own accurate portfolio (living individual
seeking modeling employment on a full-time or part-time basis on his or her own
behalf).
(m) taking any action which imposes an unreasonable or disproportionately
large load on the Actingscout.com Web Site's infrastructure;
(n) if you have
a password allowing access to a non-public area of the Actingscout.com Web
Site, disclosing to or sharing your password with any third parties or using
your password for any unauthorized purpose;
(o) notwithstanding anything to the
contrary contained herein, using or attempting to use any engine, software, tool,
agent or other device or mechanism (including
without limitation browsers, spiders, robots, avatars or intelligent agents) to
navigate or search the Actingscout.com Web Site other than the search engine
and search agents available from Actingscout.com on this Web Site and other
than generally available third party web browsers (e.g., Netscape Navigator, Microsoft
Explorer); or
(p) attempting to decipher, decompile, disassemble or reverse engineer
any of the software comprising or in any way making up a part of the Actingscout.com
Web Site.
6. CONTENT SUBMITTED TO Actingscout.com
Actingscout.com does not claim ownership of the Content you place on your
Actingscout.com Portfolio or in other sections of the Actingscout.com
Site. By submitting Content to Actingscout.com for inclusion on your Actingscout.com
Portfolio or in other sections of the Actingscout.com Site, you grant
Actingscout.com the world-wide, royalty-free, and non-exclusive license
to reproduce, modify, adapt
and publish the Content solely for the purpose of displaying, distributing
and promoting your Actingscout.com Portfolio and/or the Actingscout.com
section
your portfolio is listed in and/or your content on Actingscout.com's
Internet properties. This license exists for as long as you continue to be
a Actingscout.com member and shall be terminated when you request from
us by email that your content
be removed and you have received confirmation from Actingscout.com of
the removal of your content. You also represent that you have full power and
authority
to comply with this Terms of Service Agreement without violating the rights
of others and agree that your use of Actingscout.com and its services
will comply
with this Terms of Service Agreement without violating the rights of others.
7.
CHARGES AND BILLING
At registration time and until you receive notice from Actingscout.com
of any changes to its fees or billing methods, you will be subject to the fees
and
billing methods set forth for the membership subscription type you select during
the online registration process and/or in the materials presented to you in
connection with any offline registration process and/or set forth in this Terms
of Service
Agreement. Actingscout.com reserves the right to change its fees or billing
methods at any time. Where Actingscout.com changes its fees or billing
methods notice will be provided at least thirty (30) days in advance by email
and/or by
posting a notice on the Actingscout.com Web site. Changes to Actingscout.com
fees or billing methods will not adversely affect you during the current term
of
your membership for services you have already paid.
You are responsible for
all charges incurred, including applicable taxes and purchases made by you or anyone
you allow to use your account, including your children, other
members, or your family or friends.
You also agree that you will be billed for and
will pay any outstanding balances if you cancel your membership or your membership
is terminated. You should let
Actingscout.com know about any billing problems or discrepancies within sixty
(60) days after they first appear on your account statement. If you do not bring
such problems to Actingscout.com's attention within sixty (60) days,
you agree that you waive your right to dispute any outstanding balance or payment.
In
addition, items other than subscription fees may be subject to charges, fees, and/or
payment terms other than as described herein; such charges, fees, or other
terms will, however, be described in connection with the product, service, or other
offerings to which such charges, fees, and/or terms relate.
You can update or correct
your contact and billing information at any time. Just as you want to make sure
that information Actingscout.com has about you is
accurate, we want to keep only the most up-to-date information about your account.
Therefore, whenever you believe that your contact or billing information needs
updating, you can go to 'Edit Account' at http://www.Actingscout.com to
make the necessary changes.
8. SPECIAL WARNINGS FOR INTERNATIONAL USE
Due to the global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable content. Specifically, you agree to comply
with all applicable laws regarding the transmission of technical data exported
from the United States or the country in which you reside.
9. INDEMNIFICATION
You agree to indemnify and hold Actingscout.com, and its parents, subsidiaries, affiliates,
officers, other partners, and employees, harmless from any claim, demand or damages,
including reasonable attorney's fees, made by any third party due to or arising
out of your content, your use of the service, your connection to the service, your
violation of the TOS, or your violation of any rights of another.
10. NO RESALE
OF SERVICE
You agree not to reproduce, duplicate, copy, sell, rent, resell or exploit any
portion of the service, use of the service or access to the service.
11. NO GUARANTEE
OF SERVICE
Actingscout.com provides its services on a commercially reasonable basis and
does not guarantee that members and/or users will be able to access or use the
services at times or locations of their choosing. Specifically Actingscout.com
reserves the right at any time to modify or discontinue temporarily the service
(or any part of the service) with or without notice. You agree that Actingscout.com
should not be liable to you or to any third party for any modification, suspension
or discontinuance of the service.
12. ADVERTISEMENTS AND PROMOTIONS
Actingscout.com runs advertisements and promotions on Actingscout.com
sites. By creating your Actingscout.com site, you agree that Actingscout.com
has the right to run such advertisements and promotions in a manner and with
such frequency that is subject to change. Your dealings with the advertisers
and their
promotions found on or through the service, including payment and delivery
of related goods or services are solely between you and the advertiser. You
agree that Actingscout.com
shall not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of such
advertisers
on the service.
13. LINKS
Links to the World Wide Web and other resources may be available through Actingscout.com's
services. Because Actingscout.com has no control over such sites and resources,
you acknowledge and agree that Actingscout.com is not responsible for the
availability of these resources and does not endorse any of the content, products,
advertising or any other materials on or available from such sites or resources.
Accordingly, you acknowledge that Actingscout.com is not liable for any loss
or damage which occurs as a result of using or relying on the content, goods and
services found on these other sites.
14. DISCLAIMER OF WARRANTIES
a) THE MEMBER AGREES THAT THE USE OF THIS SITE IS ENTIRELY AT THE MEMBER'S OWN
RISK. THE SITE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF
ANY KIND. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED
BY LAW. Actingscout.com ALSO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS AND PERFORMANCE OF THE SITE TO THE FULLEST EXTENT PERMITTED BY LAW.
Actingscout.com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED
THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE. NEITHER Actingscout.com
NOR ANY THIRD-PARTY CONTENT PROVIDER MAKES ANY WARRANTY WITH RESPECT TO ANY CONTENT,
INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH THE
SITE.
(b) Actingscout.com MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES
ABOUT THE RELIABILITY, OR ACCESSSIBILITY OF THE MEMBER PAGES OR THE ASSOCIATED
STORAGE FACILITIES. Actingscout.com IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED
BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION
OF MEMBER WEB PAGES; INDIVIDUAL MEMBERS ARE RESPONSIBLE FOR MONITORING AND CREATING
BACKUPS OF THEIR PAGES.
17. LIMITATION OF LIAIBILITY
UNDER NO CIRCUMSTANCES SHALL Actingscout.com BE LIABLE TO ANY USER ON ACCOUNT
OF THAT USER'S USE OR MISUSE OF THE SITE OR RELIANCE ON THE SITE. Actingscout.com
DOES NOT GUARANTEE THE LEGITIMACY OR IDENTITY OF ANY USER, INCLUDING ANY PROFESSIONAL
MEMBER, OR OF ANY INFORMATION OR ADVICE PROVIDED ON Actingscout.com, INCLUDING ANY INFORMATION
OR CONTENT PROVIDED BY PROFESSIONAL MEMBERS OR ANOTHER THIRD PARTY. Actingscout.com
DOES NOT GUARANTEE THAT ANY USERS OR MEMBERS, INCLUDING PROFESSIONAL MEMBERS, WILL
USE THE Actingscout.com WEBSITE PROPERLY OR IN COMPLIANCE WITH THE TERMS AND
CONDITIONS APPLICABLE TO THEM. Actingscout.com DOES NOT GUARANTEE THAT ANY
MEMBER WILL SUCCESSFULLY OBTAIN A CONTRACT, EMPLOYMENT OR SPONSORSHIP OF ANY KIND
AS A RESULT OF MEMBERSHIP IN OR USE OF Actingscout.com. YOUR SOLE AND EXCLUSIVE REMEDY
FOR ANY DISPUTE WITH Actingscout.com IS THE CANCELLATION OF YOUR ACCOUNT AS
DETAILED BELOW IN SECTION 19 OR THE TERMINATION OF YOUR USE OF Actingscout.com. SUCH
LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES (EVEN IF Actingscout.com
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY
SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OR MISUSE OF THE SITE OR RELIANCE
ON THE SITE, FROM INABILITY TO USE THE SITE OR FROM THE INTERRUPTION, SUSPENSION,
OR TERMINATION OF THE SITE OR SERVICES OFFERED ON THE SITE (INCLUDING SUCH DAMAGES
INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON
THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. SUCH LIMITATION SHALL
APPLY, WITHOUT LIMITATION, TO THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,
LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE
OR NON-PERFORMANCE OF THE SITE OR ANY PRODUCTS, SERVICES, INFORMATION, OR MERCHANDISE
THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. THESE LIMITATIONS
SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
15. EXCLUSIONS
AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
16. NOTICE
Notices to you may be made via either email or regular mail. The service may
also provide notices of changes to the TOS or other matters by displaying notices
or
links to notices to you generally on the service.
17. GENERAL INFORMATION
This TOS constitutes the entire agreement between you and Actingscout.com, Inc. and
governs your use of the service, superseding any prior agreements between you and
Actingscout.com (including, but not limited to any prior versions of the TOS).
You may also be subject to additional terms and conditions that may apply when
you use affiliated services, third-party content or third-party software. The TOS
and the relationship between you and Actingscout.com shall be governed by
the laws of the Province of British Columbia without regard to its conflict of
law provisions. You and Actingscout.com agree to submit to the personal and
exclusive jurisdiction of the courts located within the Province of British Columbia.
The
failure of Actingscout.com to exercise or enforce any right or provision
of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS is found by a court of competent jurisdiction to
be
invalid, the parties
nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions
of the TOS
remain in full force and effect. You agree that regardless of any statute
or law to the
contrary, any claim or cause of action arising out of or related to use
of the service or the TOS must be filed within one (1) year after such claim
or cause
of action arose or be forever barred. The section titles in the TOS are
for
convenience only and have no legal or contractual effect.
18. VIOLATIONS
Please report any violations of the TOS to Actingscout.com, Inc.
via email at support@Actingscout.com