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| ACTORIZE
TERMS AND CONDITIONS OF USE
The Web site is owned and operated by Medialore L.L.C. dba Actorize, hereinafter referred to as "Actorize"). If you wish to view the privacy policy of the Web site now, please click here.
Please read all of these terms carefully. Your use of this Web site and/or our services is an acceptance of these terms of use. We may amend these terms of use at any time. Except as stated below, all amended terms shall automatically be effective upon being posted by us on the Web site.
CHILDREN
Some Third Party Agents, Agencies and Casting Directors represent themselves as providing services for young performers (e.g. for child actors). This Web site is not for use by children. If you are under 18 years old you must ask your parent or guardian to use the Web site on your behalf.
FEES FOR SERVICES
In the event that you sign up for Services for which we charge a membership or subscription fee (any such Services will be clearly marked as requiring payment), you agree to pay Actorize the access fee as set forth on the relevant portions of the Web site. During registration, you will be required to provide us with a credit or charge card, from an issuer which we currently accept, and to which we may bill the access fee. You will also be required to provide us with any other ancillary information required to process the charge, including the expiration date of the card, the card's security code, the name in which the card is registered, and the state zip code in which the cardholder resides. By providing this information, you are authorizing Actorize to charge your credit or charge card for the access fee until such time as we receive written notice from you that you desire to terminate your access to the Web site and the Actorize services. We will automatically charge your credit or charge card in advance for each year following registration until we receive written notice from you terminating your access to the Web site and the Actorize Services. If your credit or charge card company refuses for any reason to pay the amount billed to it, Actorize will attempt to contact you to correct this situation. Notwithstanding the foregoing, in the event that your credit card or charge card company refuses to pay the amount billed to it, Actorize reserves the right to immediately, and without prior notice, terminate your access to the Web site and Actorize Services.
Changes
We may change the fees for our services at any time, including charging fees for services that were previously free. All changes to our fees are effective after we provide you with at least 30 days notice of the changes and post them on our Web site. You should check the Web site frequently for any changes to these Terms of Use. Your continued use following the effective date of such 30-day period is acceptance of these new fees. In addition, we may choose to temporarily change our fees for promotional events. Such changes are effective only for the duration stated, whether explicit or implicit. We may, in our sole discretion, change some or all of our services at any time. When we introduce a new service, the fees for that service are effective upon its launch. Prices charged for retail products, for example preaddressed mailing labels, may be changed at any time, without prior notice to you. Unless otherwise stated, all fees are quoted in, and all payments shall be made in, U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with using our services and Web site.
YOUR INFORMATION
"Your Information" is defined as any information you provide to Actorize in the registration process, in any revisions thereto, in the order process, in any public message area (including the feedback system), through any upload feature, or through any e-mail feature. You are solely responsible for Your Information.
Your Responsibilities
You agree that: (a) Your Information shall not be false, inaccurate or misleading; (b) Your Information shall not violate the rights of any third party, including without limitation privacy and proprietary rights; (c) Your Information shall not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) Your Information shall not be fraudulent or involve counterfeit or stolen items; (e) Your Information shall not violate any law, statute, ordinance or regulation (including without limitation those governing consumer protection, unfair competition, antidiscrimination, or false advertising); (f) Your Information shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) Your Information shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, data or personal information; and (h) Your Information shall not create liability for Actorize or cause us to lose (in whole or in part) the ability to provide our services and/or Products; and (i) you agree to indemnify and hold harmless Actorize for any damages resulting from Your Information.
Misrepresentation
When using our site, you agree not to modify any information on Actorize for which you are not authorized to do so.
How We Use Your Information
Actorize will not sell, trade, or rent your personally identifying information to third parties without your prior consent. We may, however, disclose certain non-identifying aggregated information so we can provide general statistical information to third parties about the users of our services. Furthermore, any use of personally identifying information will be in accordance with our Privacy Policy.
On certain portions of the Web site you may request that Actorize display certain personally-identifiable information to the public and/or third-parties representing themselves as actors, agents, casting directors, filmmakers, and/or other figures in the field of acting, media and entertainment (all except the public hereinafter referred to as "Entertainment Professionals"). The choice of whether to display such information is solely at your discretion. You expressly acknowledge and agree that Actorize has no responsibility for the use by any third party of such information you request Actorize display to the public or to any other third party (please see LIMITATION OF LIABILITY below).
Solely to enable Actorize to use the information you supply in the manner and to the extent you request of Actorize, and to ensure that we are not violating any rights you might have in that information, you represent you have the authority to grant and do agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights you have in Your Information, including the right to reproduce, distribute, adapt, perform, display and prepare derivative works therefrom, in any media now known or hereinafter known (but no other rights).
SECURITY
Security Implementations
Actorize realizes how important security is to you, so we have taken steps to enhance the confidentiality and safety of information you transmit to us over the Internet.
We make use of Secure Sockets Layer (SSL) technology, through the use of a Digital Certificate provided by Verisign. Your purchases and membership and subscription payments are processed through Web pages protected by this SSL technology. Your credit card and other billing information are encrypted before being transmitted over the Internet. Further, we do not store credit card billing information on our server after your payment is completed; this is the reason you must enter a credit card number each time you order from us. While somewhat inconvenient, it helps protect your credit card information from online theft. A Web page protected by SSL is indicated in recent Netscape browsers by a small closed padlock on a yellow background (lower left corner of the browser) and in recent Internet Explorer browsers by a yellow closed padlock (lower right corner of the browser). Clicking the closed padlock symbol will display additional security information regarding the Web site. You can verify the authenticity of our Digital Certificate through Verisign by clicking the Verisign Secure Site graphical logo displayed on our Web site.
Purchases
You may make purchases of products on the Web site without choosing a User ID and Password. You will be required to provide information necessary to verify, process and complete your order, and notify you of your order status. Rest assured that your credit card and billing information is still handled through SSL encryption technology.
In order to make your shopping more convenient, you may make purchases of products on the Web site with an account you set up in our online store on the Web site. This account will store personally identifiable information you provide, but will NOT store credit card numbers or expiration dates. You will be required to choose a User ID and Password. You will be required to provide information necessary to verify, process and complete your order, and notify you of your order status. To ensure your security and confidentiality of your personal information, NEVER reveal your User ID or Password to outside parties. Actorize will NEVER contact you to request your Password or User ID. YOU AGREE THAT YOU ARE RESPONSIBLE FOR ANY USE OF THE ACTORIZE WEB SITE OR ACTORIZE SERVICES THROUGH YOUR USER ID AND/OR PASSWORD. In the event that you believe the security of your User ID and Password have been compromised, you may change both by contacting Actorize through its Customer Service department at its toll-free number listed on the Actorize Web site. You agree that your User ID and Password are the property of Actorize and that upon termination of this agreement, all rights to such User ID and Password shall revert to Actorize. Rest assured that your credit card and billing information is still handled through SSL encryption technology.
You may also order products by mailing a copy of your completed order page from the Web site and submitting payment by check or money order to Actorize, 1771 Post Road East, #314 Westport CT 06880. Orders shipped or delivered to a Connecticut address must include 6% Connecticut State Sales and Use Tax on any retail product purchases such as Labels. Your order will be shipped upon clearance of the check or money order. Actorize cannot be responsible for any checks or money orders or other information lost en-route to Actorize. Please do not send cash!
REFUND & CANCELLATION POLICY
We want you to be very satisfied with your purchases on Actorize. Accordingly we have instituted the following return policy for purchases.
Purchases
If for some reason you are dissatisfied with a merchandise order you may return it to us, completely unused, within 3 days for a full refund. To do so you must first contact us within 3 days of receipt to request a Return Merchandise Authorization number, which you must place clearly on the outside of your return package. Packages with expired or missing Return Merchandise Authorization numbers cannot be accepted. If you have used part or all of a preaddressed mailing labels product and within 14 days from date of purchase find one or more labels so inaccurate as to prevent delivery to the intended recipient, Actorize, in its sole discretion, will either replace the inaccurate label(s) or issue a credit or refund for the price of the inaccurate label(s). If the inaccurate label(s) was purchased as part of a set of labels, the label's price is the pro-rated portion of the price for the entire set of which it is a part, based on quantity.
If you would like to cancel a merchandise order that has not yet shipped, please contact our Customer Service department at 1-866-4-ACTORZ (1-866-422-8679).
LINKS
You should be aware that when using the Web site, you could be directed to other sites that are beyond our control. For example, if you click on an advertisement or a link in a news article, you may be taken to another site. We are not responsible for and do not endorse or recommend any of the content on these sites, nor are we responsible for your use of these sites or any transactions you perform on them. Be aware that any policies that govern the Actorize Web site, including these Terms of Use or the Actorize Privacy Policy, do not govern the linked Web sites. We encourage you to review the privacy policy of such sites before disclosing any personally identifiable information.
THIRD-PARTY CONTENT
The Web site may contain information provided by third parties (such content, "Third Party Content"). Third Party Content includes (i) all content and materials not created exclusively by Actorize and (ii) any content or materials created by Actorize at the request of or with assistance from a third party. For example, actors may post information regarding their qualifications and/or personal attributes and other information in various formats including but not limited to text and images; and agents and casting directors and other Third Parties may post information regarding their qualifications, potential job listings, and other information. We are not responsible for, do not guarantee, and do not endorse or recommend any of the information provided by such third parties, nor are we responsible for your use and/or reliance upon any of the information provided by third parties or for any transactions you perform with them. IT IS YOUR RESPONSIBILITY TO VERIFY THE ACCURACY, AUTHENTICITY, SAFETY, AND APPLICABILITY OF ANY INFORMATION PROVIDED BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO JOB LISTINGS, OFFERS, CLAIMS, SUITABILITY FOR ACTING ROLES, LICENSES, SKILLS, AND EFFECTIVENESS. You expressly acknowledge and agree that Actorize has no responsibility for any Third Party Content or for any reliance by you upon such Third Party Content appearing on the Web site.
THIRD-PARTY INFORMATION
Actorize's efforts notwithstanding, due to the dynamic nature of the entertainment industry, a third party may be an actor, agent, casting director and/or other Entertainment Professional at one point in time and then at another point in time no longer be such; therefore, although information about third parties such as Agents and Casting Directors ("Third Party Information"), where individually indicated on the Web site as entered by Actorize, is believed to be accurate at the time of posting on our site, it is impossible to guarantee that any such Third Party Information is what it purports to be at any given point in time. Further, it is impossible to verify that all information about the identity, qualifications, licenses, skills, and other characteristics of all third parties on the Web site is accurate, authentic and is what it purports to be at any given point in time. Should Third Party Information, where individually indicated on the Web site as entered by Actorize, in a label purchased from the Actorize Web site be so inaccurate as to prevent delivery to the intended recipient, at the time the label is purchased from the Actorize Web site, Actorize, in its sole discretion, will either replace or issue a credit or refund for that particular individual label. If the label was purchased as part of a set of multiple labels, the label's price is the pro-rated portion of the price for the entire set, based on quantity.
TERMINATION OF THE WEB SITE OR THE SERVICES
Actorize reserves the right to shut down the Web site or the Services at any time for any reason or for no reason, without liability to you or any other person or entity. Actorize need not provide you with any prior notice of any such termination or shut-down. Should the Web site permanently cease operations, the only liability to you is for purchase price of any unshipped orders due you and the remaining balance of previously paid membership or subscription fee, on a pro rata basis based on the days remaining under your current membership or subscription.
BREACH OF TERMS OF USE
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access to the Web site and refuse to provide our services to you, if: (a) you breach these Terms of Use or the documents they incorporate by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our users, or us.
LEGAL COMPLIANCE
You shall comply at all times with all applicable laws, statutes, ordinances and regulations regarding your use of our service.
LIMITATION OF LIABILITY
THE WEB SITE AND ANY SERVICES THAT MAY BE AVAILABLE THROUGH THE WEB SITE ARE PROVIDED "AS IS," "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND. ACTORIZE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN THOSE STATES, ACTORIZE'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES WILL ACTORIZE BE LIABLE TO A USER UNDER ANY SECTION OF THESE TERMS OF USE OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHER, ACTORIZE SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL ACTORIZE'S LIABILITY TO A USER EXCEED THE GREATER OF (i) ONE DOLLAR OR (ii) THE REMAINING BALANCE OF PREVIOUSLY PAID MEMBERSHIP OR SUBSCRIPTION FEE, ON A PRO RATA BASIS BASED ON THE DAYS REMAINING UNDER YOUR CURRENT MEMBERSHIP OR SUBSCRIPTION.
IN THE EVENT A PREADDRESSED LABEL YOU PURCHASED FROM ACTORIZE IS SO INACCURATE AT THE TIME YOU PURCHASED IT SO AS TO PREVENT DELIVERY TO THE INTENDED RECIPIENT, THE ONLY RECOURSE SHALL BE FOR ACTORIZE TO REPLACE SUCH INDIVIDUAL LABEL OR ISSUE A CREDIT OR REFUND FOR THE PURCHASE PRICE OF THAT PARTICULAR INDIVIDUAL LABEL, IN ACTORIZE'S SOLE DISCRETION. IF THE LABEL WAS PURCHASED AS PART OF A SET OF MULTIPLE LABELS, THE LABEL'S PRICE IS THE PRO-RATED PORTION OF THE PRICE FOR THE ENTIRE SET OF WHICH IT IS A PART, BASED ON QUANTITY.
ACTORIZE HAS NO RESPONSIBILITY FOR THIRD PARTY CONTENT AND YOU HEREBY RELEASE ACTORIZE (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES AND EMPLOYEES) FROM ALL CLAIMS, DEMANDS AND DAMAGES (DIRECT AND INDIRECT) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY THIRD PARTY CONTENT OR YOUR USE OF OR RELIANCE ON ANY THIRD PARTY CONTENT.
ACTORIZE CANNOT CONTROL THE USE OF, AND HAS NO RESPONSIBILITY FOR, PERSONALLY-IDENTIFIABLE INFORMATION YOU REQUEST ACTORIZE TO DISPLAY TO THE PUBLIC OR TO THIRD PARTIES REPRESENTING THEMSELVES AS ACTORS, AGENTS, CASTING DIRECTORS, AND/OR OTHER ENTERTAINMENT PROFESSIONALS. YOU ACKNOWLEDGE AND AGREE THAT ACTORIZE MAKES NO ASSURANCES, NO GUARANTEES AND NO WARRANTIES THAT ANY PARTY CLAIMING TO BE AN ACTOR, AGENT OR CASTING DIRECTOR OR OTHER ENTERTAINMENT PROFESSIONAL IS IN FACT WHAT IT CLAIMS TO BE AT ANY GIVEN POINT IN TIME. YOU RELEASE ACTORIZE (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES AND EMPLOYEES) FROM ALL CLAIMS, DEMANDS AND DAMAGES (DIRECT AND INDIRECT) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISCLOSURE OF PERSONALLY-IDENTIFIABLE INFORMATION YOU ELECT TO DISPLAY TO THE PUBLIC OR TO THIRD PARTIES REPRESENTING THEMSELVES AS ACTORS, AGENTS, CASTING DIRECTORS AND/OR OTHER ENTERTAINMENT PROFESSIONALS.
INDEMNITY
You agree to defend, indemnify and hold Actorize and its officers, directors, employees, agents, licensees, and affiliates harmless from and against any and all claims, losses, damages, liabilities and costs including, without limitation, reasonable attorney fees and court costs (collectively, the "claims") arising out of or relating to (i) a breach of any of these Terms of Use by a person using your User ID and Password (whether or not such person is you) or (ii) any use of the Web site or Actorize Services by a person using your User ID and Password (whether or not such person is you), except to the extent such claims directly result from Actorize's own gross negligence. This indemnification obligation shall survive any termination of these Terms of Use, the Web site or the Actorize services provided to you.
NO AGENCY
You and Actorize are independent contractors, and no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms of Use.
TRADEMARKS & SERVICE MARKS
Actorize, the Actorize logo, actorize.com, "talent finding opportunity", "opportunity finding talent", "Want to jumpstart your acting career? Actorize it!" are trademarks and/or service marks of Medialore L.L.C. All rights reserved. Any other trademarks or service marks appearing on this Web site are property of their respective owners.
COPYRIGHT
All content appearing on this Web site, including but not limited to buttons, graphics, logos and text, is the copyrighted property of Actorize unless otherwise noted. Actorize reserves all rights with respect to its copyrighted materials. No claim of copyright is made herein to individual photographs, posters, or other images submitted by third parties (e.g. actors who submit photographs to Actorize for posting on the Web site, or advertisers who submit promotional film posters). However, the compilation and presentation of such content on Actorize is copyrighted information and may not be used except as outlined in this Terms of Use and may not otherwise be used without the express written permission of Actorize.
You may not frame or utilize framing techniques to enclose any trademark, service mark, logo, or other proprietary information (including images, text, page layout, or form) of Actorize or Medialore L.L.C. without the express written consent of Actorize. You may not use any meta tags or any other "hidden text" utilizing Actorize's name or trademarks or service marks without the express written consent of Actorize. You may not use any Actorize logo or other proprietary graphic or trademark as part of the link without express written permission.
You do not acquire any ownership rights to any content in the Web Site. Any unauthorized use terminates the permission or license granted by Actorize.
NOTICES
Except as explicitly stated otherwise, (i) any notices to Actorize shall be made by postal mail to Actorize, 1771 Post Road East, #314, Westport, CT. 06880 Attn: Legal Department, and (ii) any notices to you shall be made by postings to our Web site. Alternatively, we may give you notice by sending an e-mail to the e-mail address you provided us when registering or by postal mail to the postal address you provided us when registering. In the case of e-mail, notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. In the case of postal mail, notice shall be deemed given 4 days after the date of proper mailing.
FEEDBACK
Actorize welcomes your feedback. Please let us know if there is some way that we can improve the Web site or the Services. Please note that by sending us feedback, you are granting Actorize a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights you have in such feedback, including the right to reproduce, distribute, adapt, perform, display and prepare derivative works therefrom, in any media now known or hereinafter known (but no other rights). To send us feedback, please e-mail your comments and/or suggestions to feedback@actorize.com. FEEDBACK SHOULD NOT INCLUDE ANY INDIVIDUALLY IDENTIFIABLE PERSONAL INFORMATION YOU WISH TO KEEP PRIVATE.
GENERAL
Entire Agreement
These Terms of Use constitute the sole agreement between Actorize and you regarding the subject matter contained herein and fully supersede any and all other understandings or agreements, either oral or written. You acknowledge and agree that you have read and understand these Terms of Use and agree to be bound by the same.
Force Majeure
Actorize will not be liable in any amount for failure to perform, or delay in performing, any obligations hereunder if such delay or failure is caused by any event beyond its reasonable control including, but not limited to, acts of third parties, wars, hostilities, revolutions, riots, civil commotion, national emergency, strikes, lock-outs, unavailability of supplies, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any other Act of God, unavailability, errors or other failures of the Internet, other data networks, or telecommunications systems, any law, proclamation, regulation, ordinance, or other act or order of any court, government or governmental agency or delays.
Legal Actions
These Terms of Use will be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of laws provisions. The exclusive personal jurisdiction of and venue for all disputes arising out of these Terms of Use and any use of the Web site and/or our services shall be the state and federal courts located within Fairfield County, State of Connecticut and you consent to such jurisdiction and waive all objections to such jurisdiction and venue.
Severability
If any provision of these terms and conditions as such may exist or may hereafter be amended, is found to be invalid, illegal or unenforceable for whatever reason, such provision shall be fully severable and the other remaining provisions shall remain in full force and effect, and shall be construed as if the illegal, invalid or unenforceable provision never comprised a part thereof. Furthermore, in lieu of such invalid, illegal or unenforceable provision there shall be added automatically in its place a provision as similar in its terms and intent to the illegal, invalid or unenforceable provision as may be possible and be legal, valid or enforceable.
No Waiver
Any failure of Actorize to enforce any provision of these Terms of Use shall not constitute a waiver of any rights under such provision or any other provision of these Terms of Use. Actorize may only make such waiver by an express writing.
No Assignment
Any rights or obligations granted to you hereunder may not be assigned or transferred to any other person or to any entity.
GOVERNING LAW
This agreement between Actorize and you will be governed by the laws of the State of Connecticut, without regard to its conflict of laws provisions.
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