1. ACCEPTANCE OF TERMS
ActorSpace.com provides its service to you, the subscriber,
subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice
to you. You can review the most current version of the
TOS at any time. Visit http://www.ActorSpace.com, click
on the Terms of Service link on the bottom of any page.
In addition, when using particular ActorSpace.com owned
or operated services, you and ActorSpace.com shall be
subject to any posted guidelines or rules applicable to
such services which may be posted from time to time. All
such guidelines or rules are hereby incorporated by reference
into the TOS. ActorSpace.com may also offer other services
that are governed by different Terms of Service.
2. DESCRIPTION OF SERVICE
ActorSpace.com currently provides users with the ability
to post their reel and resume online for employers to
see (the "Service"). You also understand and
agree that the Service may include advertisements and
that these advertisements are necessary for ActorSpace.com
to provide the Service. You also understand and agree
that the service may include certain communications from
ActorSpace.com, such as service announcements, administrative
messages and the ActorSpace.com Newsletter, and that these
communications are considered part of ActorSpace.com membership
and you may not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that
augment or enhance the current Service shall be subject
to the TOS. You are responsible for obtaining access to
the Service and that access may involve third party fees
(such as Internet service provider or airtime charges).
You are responsible for those fees, including those fees
associated with the display or delivery of advertisements.
In addition, you must provide and are responsible for
all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent
that you are of legal age to form a binding contract and
are not a person barred from receiving services under
the laws of the United States or other applicable jurisdiction.
You also agree to: (a) provide true, accurate, current
and complete information about yourself as prompted by
the Service's registration form (such information being
the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete,
or ActorSpace.com has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or
incomplete, ActorSpace.com has the right to suspend or
terminate your account and refuse any and all current
or future use of the Service (or any portion thereof).
ActorSpace.com is concerned about the safety and privacy
of all its users, particularly children. Please remember
that the Service is designed to appeal to a broad audience.
Accordingly, as the legal guardian of any child user (age
18 or under, if applicable), it is your responsibility
to determine whether any of the Services and/or Content,
as defined in #6 below, are appropriate for your child.
4. ActorSpace.com PRIVACY POLICY
Registration Data and certain other information about
you is subject to our Privacy Policy. For more information,
see our full Privacy Policy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will create a password and account designation upon
completing the Service's registration process. You are
responsible for maintaining the confidentiality of the
password and account, and are fully responsible for all
activities that occur under your password or account.
You agree to (a) immediately notify ActorSpace.com of
any unauthorized use of your password or account or any
other breach of security, and (b) ensure that you exit
from your account at the end of each session. ActorSpace.com
cannot and will not be liable for any loss or damage arising
from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, music,
sound, photographs, graphics, video, messages or other
materials ("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 ActorSpace.com, are entirely responsible
for all Content that you upload, post, email, transmit
or otherwise make available via the Service. ActorSpace.com
does not control the Content posted via the Service and,
as such, does not guarantee the accuracy, integrity or
quality of such Content. You understand that by using
the Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will
ActorSpace.com be liable in any way for any Content, including,
but not limited to, any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result
of the use of any Content posted or otherwise made available
via the Service.
You agree to not use the Service to:
a. upload, post, transmit or otherwise make available
any Content that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not
limited to, an ActorSpace.com official, or falsely state
or otherwise misrepresent your affiliation with a person
or entity;
d. forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted
through the Service;
e. upload, post, transmit or otherwise make available
any Content that you do not have a right to make available
under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential
information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
f. upload, post, transmit or otherwise make available
any Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights ("Rights")
of any party;
g. upload, post, transmit or otherwise make available
any unsolicited or unauthorized advertising, promotional
materials, "pyramid schemes," or any other form
of solicitation;
h. upload, post, transmit or otherwise make available
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
or hardware or telecommunications equipment;
i. interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected
to the Service;
j. intentionally or unintentionally violate any applicable
local, state, national or international law, including,
but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any national
or other securities exchange, including, without limitation,
the New York Stock Exchange, the American Stock Exchange
or the NASDAQ, and any regulations having the force of
law;
k. collect or store personal data about other users.
You acknowledge that ActorSpace.com may or may not pre-screen
Content, but that ActorSpace.com and its designees shall
have the right (but not the obligation) in their sole
discretion to pre-screen, refuse, or move any Content
that is available via the Service. Without limiting the
foregoing, ActorSpace.com and its designees shall have
the right to remove any Content that violates the TOS
or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with the use of
any Content including any reliance on the accuracy, completeness,
or usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content created by or submitted
to ActorSpace.com.
You acknowledge, consent and agree that ActorSpace.com
may access, preserve, and disclose your account information
and Content if required to do so by law or in a good faith
belief that such access preservation or disclosure is
reasonably necessary to: (a) comply with legal process;
(b) enforce the TOS; (c) respond to claims that any Content
violates the rights of third-parties; (d) respond to your
requests for customer service; or (e) protect the rights,
property, or personal safety of ActorSpace.com, its users
and the public.
You understand that the technical processing and transmission
of the Service, including your Content, may involve (a)
transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting
networks or devices.
You understand that the Service and software embodied
within the Service may include security components that
permit digital materials to be protected, and use of these
materials is subject to usage rules set by ActorSpace.com
and/or Content providers who provide Content to the Service.
You may not attempt to override or circumvent any of the
usage rules embedded into the Service. Any unauthorized
reproduction, publication, further distribution or public
exhibition of the materials provided on the Service, in
whole or in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing 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.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION
ON THE SERVICE
ActorSpace.com does not claim ownership of Content you
submit or make available for inclusion on the Service.
However, with respect to Content you submit or make available
on the Service, you grant ActorSpace.com the following
world-wide, royalty free and non-exclusive license(s),
as applicable:
• With respect to photos, graphics, audio or video
you submit or make available for inclusion on ActorSpace.com,
the license to use, assign, distribute, reproduce, modify,
adapt, publicly perform and publicly display such Content
on the Service solely for the purpose for which such Content
was submitted or made available. This license exists only
for as long as you elect to continue to include such Content
on the Service and will terminate at the time you remove
or ActorSpace.com removes such Content from the Service.
• With respect to Content other than photos, graphics,
audio or video you submit or make available for inclusion
on ActorSpace.com, the perpetual, irrevocable and fully
sub-assignable license to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform and
publicly display such Content (in whole or in part) and
to incorporate such Content into other works in any format
or medium now known or later developed.
9. INDEMNITY
You agree to indemnify and hold ActorSpace.com, and its
parents, subsidiaries, affiliates, officers, agents, co-branders
or other partners, and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of Content you
submit, post, transmit or make available through the Service,
your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights
of any third party.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade,
resell or exploit for any commercial purposes, any portion
of the Service (including your ActorSpace.com ID), use
of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that ActorSpace.com may establish general
practices and limits concerning use of the Service, including
without limitation the maximum disk space that will be
allotted on ActorSpace.com's servers on your behalf, and
the maximum number of times (and the maximum duration
for which) you may access the Service in a given period
of time. You agree that ActorSpace.com has no responsibility
or liability for the deletion or failure to store any
communications or other Content maintained or transmitted
by the Service. You acknowledge that ActorSpace.com reserves
the right to log off accounts that are inactive for an
extended period of time and that we are not responsible
for such action’s effect on your personal content.
You further acknowledge that ActorSpace.com reserves the
right to modify these general practices and limits from
time to time.
12. MODIFICATIONS TO SERVICE
ActorSpace.com reserves the right at any time and from
time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or
without notice. You agree that ActorSpace.com shall not
be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
13. TERMINATION
You agree that ActorSpace.com may, under certain circumstances
and without prior notice, immediately terminate your ActorSpace.com
account and access to the Service. Cause for such termination
shall include, but not be limited to, (a) breaches or
violations of the TOS or other incorporated agreements
or guidelines, (b) requests by law enforcement or other
government agencies, (c) a request by you (self-initiated
account deletions), (d) discontinuance or material modification
to the Service (or any part thereof), (e) unexpected technical
or security issues or problems, and (f) extended periods
of inactivity. Termination of your ActorSpace.com account
includes (a) removal of access to all offerings within
the Service, (b) deletion of your password and all related
information, files and Content associated with or inside
your account (or any part thereof), and (c) barring further
use of the Service. Further, you agree that all terminations
for cause shall be made in ActorSpace.com's sole discretion
and that ActorSpace.com shall not be liable to you or
any third-party for any termination of your account or
access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the
Service, including payment and delivery of related goods
or services, and any other terms, conditions, warranties
or representations associated with such dealings, are
solely between you and such advertiser. You agree that
ActorSpace.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.
15. LINKS
The Service may provide, or third parties may provide,
links to other World Wide Web sites or resources. Because
ActorSpace.com has no control over such sites and resources,
you acknowledge and agree that ActorSpace.com is not responsible
for the availability of such external sites or resources,
and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials
on or available from such sites or resources. You further
acknowledge and agree that ActorSpace.com 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 use of or reliance on any such Content,
goods or services available on or through any such site
or resource.
16. ACTORSPACE.COM'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software")
contain proprietary and confidential information that
is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained
in sponsor advertisements or information presented to
you through the Service or advertisers is protected by
copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly authorized
by ActorSpace.com or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole or
in part.
ActorSpace.com grants you a personal, non-transferable
and non-exclusive right and license to use the object
code of its Software on a single computer; provided that
you do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any
source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or
form, or to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized
access to the Service. You agree not to access the Service
by any means other than through the interface that is
provided by ActorSpace.com for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. ACTORSPACE.COM EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b. ACTORSPACE.COM MAKES NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL
BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE 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 ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM ACTORSPACE.COM OR THROUGH OR FROM
THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC
SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS
ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN
CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC
SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES
OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN
EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING
THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE
AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE
FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS,
ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACTORSPACE.COM
SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ACTORSPACE.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
19. 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 17 AND 18 MAY
NOT APPLY TO YOU.
20. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided
in this TOS, there shall be no third party beneficiaries
to this Agreement.
21. NOTICE
ActorSpace.com may provide you with notices, including
those regarding changes to the TOS, by either email, regular
mail, or postings on the Service.
22. TRADEMARK INFORMATION
The ActorSpace.com, ActorSpace.com logo, trademarks and
service marks and other ActorSpace.com logos and product
and service names are trademarks of ActorSpace LLC. (the
"ActorSpace.com Marks"). Without ActorSpace
LLC’s prior permission, you agree not to display
or use in any manner, the ActorSpace.com Marks. If you
have any questions regarding the trademark information
or use, please contact us at 4804 Laurel Canyon Blvd.
Suite 314 Valley Village, CA 91607 or email us at Webmaster@ActorSpace.com.
23. GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement
between you and ActorSpace.com and govern your use of
the Service, superceding any prior agreements between
you and ActorSpace.com. You also may be subject to additional
terms and conditions that may apply when you use or purchase
certain other ActorSpace.com services, affiliate services,
third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship
between you and ActorSpace.com shall be governed by the
laws of the State of California without regard to its
conflict of law provisions. You and ActorSpace.com agree
to submit to the personal and exclusive jurisdiction of
the courts located within the county of Los Angeles, California.
Waiver and Severability of Terms. The failure of ActorSpace.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.
No Right of Survivorship and Non-Transferability. You
agree that your ActorSpace.com account is non-transferable
and any rights to your ActorSpace.com ID or contents within
your account terminate upon your death. Upon receipt of
a copy of a death certificate, your account may be terminated
and all contents therein permanently deleted.
Statute of Limitations. 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.
24. VIOLATIONS
Please report any violations of the TOS to Webmaster@ActorSpace.com.
