|
||
|
|
||
|
||
|
|
||
|
|
||
|
|
||
|
||
|
|
||
|
Welcome to the website of AuditionPortal.com. This website is best viewed using the most updated versions of most commercially available browsers.
You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes. These Terms of Use were last modified on September 10, 2009.
1. Introduction.
In this Terms of Use Service Agreement "Agreement"),"customer," user, "you" and "your" refer to each customer or user and Audition Portal, "we," "us" and "our" refer to Audition Portal or AuditionPortal.com, a company owned by Starportal Productions, LLC, a Delaware company. This Agreement explains our obligations to you, and your obligations to us, in relation to your use of our services.
Audition Portal is a website designed for Actors, Comedians, Dancers, Filmmakers, and Singers to help them connect to Casting Directors, Agents, Producers, Filmmakers, Directors, Scouts and Talent Representatives (all referred to as "Members.". Such services are provided on an as-is basis from Audition Portal does not represent or warrant to the accuracy of such information, and information exchanged between Members is not the property or opinion of Audition Portal.
Audition Portal is not an agency, takes no commission from Members for such services and does not claim itself as an agent or representative of Members.
By selecting Audition Portal service(s) you have agreed to establish an account with us for such services. When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional service(s), or to modify or cancel such service(s) (even if we were not notified of such authorization), this Agreement covers any such service or actions. Any acceptance of your application(s) for our services and the performance of our services will occur at our offices in Litchfield, CT, the location of our principal place of business.
2. Fees & Payment.
As consideration for the services of membership you have selected, you agree to pay Audition Portal (Starportal Productions, LLC) the applicable service(s) fees set forth on our website at the time of your selection. You agree to keep your credit card information accurate and current with Audition Portal at all times. All fees are due immediately upon registration and are nonrefundable (except for the first 30 days). Audition Portal may take all remedies available to collect fees owed and may recover from you all costs and expenses (including reasonable attorney fees) incurred by Audition Portal to collect such fees.
In the event of non-payment, reversal of payment, or a charge back by a credit card company or other payment provider, in addition to any other remedies Audition Portal may have, we may, in our sole discretion, suspend or terminate your account.
3. Term of Service.
Unless otherwise specified, each Audition Portal service is for the selected term and will renew automatically thereafter for successive equivalent terms unless either party elects to terminate such service (which you can do at any time by logging into your Audition Portal account and indicating your election to terminate such service). Any renewal of your services with us is subject to our then current terms and conditions and payment of all applicable service fees at the time of renewal.
4. COPPA and Children's Use
The safety of children is very important to us.AuditionPortal.com does not permit registration by, and will not knowingly collect or use personally identifiable information from anyone under 13 years of age with the consent of their parent or guardian. AuditionPortal.com complies with the Children's Online Privacy Protection Act ("COPPA"), which was enacted to prevent Web sites from giving or receiving information from children without their parents' consent. You can learn more about COPPA at the Federal Trade Commission Web site. All members certify that they are at least 13 years of age and are registering for membership in compliance with COPPA guidelines.
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE, FALLS WITHIN THE CHILD ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO.
5. Privacy Policy and CAN-SPAM Matters
You have read and agree to all of the terms and conditions of our Privacy Policy, which is located at:
www.auditionportal.com/privacy.php.
You acknowledge and agree that, by providing us with your name and email address on the entry page of this website, you have subscribed to an e-mail newsletter. This e-mail newsletter is offered as a free service by Audition Portal, without cost or obligation. Should you wish to unsubscribe at any time from this free newsletter, you may do so by clicking on the unsubscribe link found at the bottom of the newsletter, or by notifying us via our contact form. On occasion, subscribers could have trouble removing themselves from this free newsletter. If you encounter any similar difficulties, please contact us for personal attention.
By entering this website, you agree that you have opted-in to receive our newsletter by providing your first name and email address on our website, and agree that you will make no threats or take any action against Audition Portal or Starportal Properties, LLC in the event you are unhappy with the content contained in our newsletter or that you subscribed or are not able to remove yourself from the mailing list, and you agree that the small inconvenience of receiving this newsletter will cause you no personal, emotional, or financial harm whatsoever.
6. Notices and Announcements.
You authorize us to notify you as our customer of information that we deem is of potential interest to you. Notices and announcements may include commercial e-mails and other notices describing changes, upgrades, new products and services or other information pertaining to services and/or other relevant matters.
7. Modifications to your account.
In order to change any of your account information with us, you must use your account name and the password that you selected when you created your Audition Portal account. Please safeguard this information from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your account name or password.
8. Confidentiality and Transmissions over the Internet
The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal or credit card information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.
9. Third Party Websites, Content and Products and Services
You acknowledge and agree that your business dealings with any third parties, including any merchants or advertisers, found on, or accessed through our website and any of their services, including payment for and delivery of any goods and services, are solely as between you and such third parties. If Audition Portal provides access to third party providers of goods and/or services, you acknowledge and agree that we may receive referral fees and/or other compensation from such third parties. You acknowledge that we assume no responsibility whatsoever for any charges, losses or liabilities you may incur when making purchases or completing transactions with such third parties, and we shall not be responsible or liable in any way for any loss or damage of any kind which you may incur as a result of, or in connection with, any dealings or transactions with such third parties. Furthermore, Audition Portal assumes no responsibility for any content which you may find on sites that link either to or from us, including (without limitation) the accuracy of the information found on these sites, the compliance (or lack thereof) with any legal requirements applicable to these sites and for any viruses or other harmful programs that may be contained on these sites, nor is Audition Portal responsible should any site contain content or links to other sites that you may find offensive.
By accessing third party services through our website, you hereby authorize such third party service provides to provide Audition Portal with personal information regarding your use of and your activities with respect to the purchase and use of third party services and/or goods.
Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such websites, (ii) the content, privacy policies or other terms of use on such websites or (iii) such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.
10. Modifications to Agreement.
Except as otherwise provided in this Agreement, you agree during the term of this Agreement, that we may revise the terms and conditions of this Agreement and/or change the services provided under this Agreement at any time. Any such revision or change will be binding and effective ten (10) calendar days after the revised Agreement or change to the service(s) is posted on the Audition Portal website. You agree to periodically review our website, including the current version of this Agreement available on our website, to be aware of any such revisions. If you do not agree with any revision to the Agreement or change to the services, you may terminate this Agreement at any time. Any fees paid by you prior to termination of your Agreement with us are nonrefundable (except for the first 30 days), but you will not incur any additional fees. By continuing to use our services ten (10) calendar days after any revision to this Agreement or change in service(s) is posted on our website, you agree to abide by and be bound by any such revisions or changes. We are not bound by and you may not rely on any representation concerning this Agreement or our services made by: (i)any agent, representative or employee of any third party that you may use to apply for our services; or (ii) information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of Audition Portal or any partner of Audition Portal is authorized to alter or amend the terms and conditions of this Agreement.
11. User Conduct and Obligations
You agree to follow all applicable laws and regulations when using this website. Furthermore, you agree that you shall not:
By uploading, posting or otherwise transmitting through or to our website any content to our discussion groups, chat rooms, blogs, message boards, classifieds or other public areas of AuditionPortal.com (including but not limited to testimonials or endorsements), you grant to us, our affiliates, successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in our Privacy Policy. This includes, but is not necessarily limited to, the right to reproduce, edit or create derivative works from such content.
12. Content Submissions: Articles and Reviews
Unless terms are agreed to separately in writing, any articles, videos, audio, reviews, ratings, submitted to us by you, you hereby grant to us the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to us through this site, along with your name (together, hereinafter known as the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. We will not be required to treat any Submission as confidential, and may use any Submission in our business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in our future operations. By making a Submission, you are guaranteeing to us that you have the legal right to post the content in the Submission and that it will not violate any law or the rights of any person or entity.
13. Limitation of Liability.
To the extent permitted at law, Audition Portal, Starportal Productions, LLC and its partners and contractors will not be liable for any direct, indirect, incidental, special or consequential damages resulting from your use or inability to use any of the Audition Portal services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to: (i )any third party claims arising from or based on your use of our services; (ii) access delays or access interruptions; (iii) data non-delivery or data mis-delivery; (iv) acts of God; (v) the unauthorized use or misuse of your Account name or password; (vi) errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement; (vii) the deletion of or failure to store data of any kind; (viii) the development or interruption of your website; or (x) our processing of your application for our services, our processing of any authorized modification to your record or your agents failure to pay any fees, our fees or re-registration fees. You agree that our entire liability, and your exclusive remedy, with respect to any Audition Portal service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s).
14. Indemnity.
You agree to release, indemnify, and hold Audition Portal, Starportal Produdctions, LLC and its officers and principal partners, our partners, contractors, agents, employees, officers, directors, shareholders, affiliates and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, relating to or arising from the Audition Portal services provided hereunder. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action by you which is unsuccessful or by a third party in each case relating to or arising from the Audition Portal services provided hereunder, you will reimburse us, at a reasonable rate, for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.
15. Breach.
You agree that your failure to abide by any provision of this Agreement, any Audition Portal operating rule or policy, or any dispute policy may be considered by us to be a material breach of this Agreement and that we may, in our sole discretion, elect to cancel the services without further notice to you. We will not refund any fees paid by you prior to the termination of your Agreement due to your breach. Any such breach by you will not be deemed to be excused simply because we did not act earlier in response to that, or any other breach, by you.
16. Representations and Warranties.
You represent and warrant that: (i) the information that you or your agent on your behalf provide to us during the registration for Audition Portal service(s) is, accurate and complete, and that any future changes to this information will be provided to us in a timely manner; (ii) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder; and (iii) you are of legal age to enter into this Agreement.
17. Release.
You release Audition Portal, our partners, contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with our services. If you are a California resident, you waive California Civil Code ¤1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
18. Proprietary and Intellectual Property Rights
“Audition Portal” and “AuditionPortal.com” as well as the stylized versions of these terms and the logo(s) associated with them, and the other identifying trade and/or service marks of Audition Portal and its affiliates are and shall remain the exclusive property of Audition Portal and Starportal Productions, LLC and any unauthorized use of these marks is unlawful. Other trademarks that may be displayed on this website are the property of their respective owners. All content on this website is the copyrighted property of Audition Portal and Starportal Productions, LLC and is protected by international copyright law.
Our policy is to comply with all applicable intellectual property laws with respect to any content that we may post on this website. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice (which may be submitted electronically) containing all of the following information:
All notices of copyright infringement should be sent to:
Audition Portal Legal/Copyrights
c/o Starportal Productions, LLC
Litchfield, CT
Please note that we are only able to correspond in English.
19. Disclaimer.
This website is for informational purposes for members only and is not intended to provide specific commercial, financial, tax, or legal advice. It is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever. Unless otherwise indicated on this website, you may display, download, archive, and print a single copy of any information on this website, or otherwise distributed from Audition Portal for such personal, non-commercial use.
You agree that your use of our service(s) is solely at your own risk. You agree that all of our services are provided on an "as is," and "as available" basis. We expressly disclaim all conditions, warranties and representations of any kind, whether express or implied, including but not limited to the implied conditions and warranties of merchantable quality, fitness for a particular purpose and non-infringement. We make no warranty or representation that our service(s) will meet your requirements or that the service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the service(s) or as to the accuracy or reliability of any information obtained through our service. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of our service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty or representation regarding any goods or services purchased or obtained through any of our services or any transactions entered into through such services. No advice or information, whether oral or written, obtained by you from us will create any condition or warranty not expressly made herein. To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you.
Audition Portal reserves the right to terminate any of its services at any time, with or without notice to you. In the event of such termination, your sole remedy will be to request a refund of any amounts paid to Audition Portal for services that were not completed in whole or in part. In the event that a service was partially completed, you may request a refund of the pro-rata portion of such fee for uncompleted services.
20. Severability.
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
21. Entirety.
You agree that this Agreement and the privacy statement are the complete and exclusive agreement between you and us regarding our services. This Agreement and the privacy statement supersede all prior agreements, representations and understandings, whether established by custom, practice, policy or precedent.
22. Non-Assignment.
Your rights under this Agreement are not assignable. Any attempt by you to assign your rights will render this Agreement voidable at our option. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, garnishment or otherwise, will render this Agreement voidable at our option.
23. Governing Law.
You agree that this Agreement and any disputes hereunder will be governed in all respects by and construed in accordance with the laws of the State of Maryland, excluding its conflict of laws rules. You and we each submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the courts of the State of Maryland. You agree that any action, suit or application will be brought and heard in Baltimore, MD.
24. Agreement to be Bound.
By applying for the service(s) of Audition Portal or an affiliate through our online application process, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by Audition Portal.
25. Contact
If you have any questions or concerns about our website or these Terms of Use, please feel free to contact us.
Last Updated September 10, 2009
