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Terms
Of Use
This page states
the "Terms and Conditions" under which you may use Hollywood Talent
Showcase.com. Please read this page carefully. If you do not accept
the Terms and Conditions stated here, do not use this web site and
service. By using this web site, you are indicating your acceptance
to be bound by the terms of these Terms and Conditions. Hollywood
Talent Showcase.com (the "Company") may revise these Terms and Conditions
at any time by updating this posting. You should visit this page
periodically to review the Terms and Conditions, because they are
binding on you. The terms "You" and "User" as used herein refer
to all individuals and/or entities accessing this web site for any
reason.
Use of Material.
The Company authorizes you to view and download a single copy of
the material on Hollywood Talent Showcase.com (the "Web Site") solely
for your personal, noncommercial use.
The contents of this Web Site, such as text, graphics, images, logos,
button icons, software and other "Material", are protected under
both United States and foreign copyright, trademark and other laws.
All Material is the property of the Company or its content suppliers
or clients. The compilation (meaning the collection, arrangement
and assembly) of all content on this Web Site is the exclusive property
of the Company and protected by U.S. and international copyright
laws. Unauthorized use of the Material may violate copyright, trademark,
and other laws. You must retain all copyright, trademark, service-mark
and other proprietary notices contained in the original Material
on any copy you make of the Material. You may not sell or modify
the Material or reproduce, display, publicly perform, distribute,
or otherwise use the Material in any way for any public or commercial
purpose. The use of the Material on any other web site or in a networked
computer environment for any purpose is prohibited.
You shall not copy or adapt the HTML code that the Company creates
to generate its pages. It is also protected by the Company’s copyright.
Acceptable Site Use.
General Rules: Users may not use the Web Site in order to transmit,
distribute, store or destroy material (a) in violation of any applicable
law or regulation, (b) in a manner that will infringe the copyright,
trademark, trade secret or other intellectual property rights of
others or violate the privacy, publicity or other personal rights
of others, or (c) that is defamatory, obscene, threatening, abusive
or hateful.
Web Site Security Rules: Users are prohibited from violating or
attempting to violate the security of the Web Site, including, without
limitation, (a) accessing data not intended for such user or logging
into a server or account which the user is not authorized to access,
(b) attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without
proper authorization, (c) attempting to interfere with service to
any user, host or network, including, without limitation, via means
of submitting a virus to the Web Site, overloading, "flooding",
"spamming", "mailbombing" or "crashing", (d) sending unsolicited
e-mail, including promotions and/or advertising of products or services,
or (e) forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting. Violations of system
or network security may result in civil or criminal liability. The
Company will investigate occurrences which may involve such violations
and may involve, and cooperate with, law enforcement authorities
in prosecuting users who are involved in such violations.
Specific Prohibited Uses.
The Web Site may be used only for lawful purposes by individuals
seeking employment and career information and employers seeking
employees. The Company specifically prohibits any use of the Web
Site, and all users agree not to use the Web Site, for any of the
following:
Posting any incomplete, false or inaccurate biographical information
or information which is not your own accurate resume (living individual
seeking employment on a full-time or part-time basis on his or her
own behalf).
Posting any franchise, pyramid scheme, "club membership", distributorship
or sales representative agency arrangement or other business opportunity
which requires an up front or periodic payment, pays commissions
only (except for postings that make clear that the available job
pays commission only and clearly describes the product or service
that the job seeker would be selling, in which case such postings
are permissible), requires recruitment of other members, sub-distributors
or sub-agents.
Deleting or revising any material posted by any other person or
entity.
Using any device, software or routine to interfere or attempt to
interfere with the proper working of this Web Site or any activity
being conducted on this site.
Taking any action which imposes an unreasonable or disproportionately
large load on this Web Site’s infrastructure.
If you have a password allowing access to a non-public area of this
Web Site, disclosing to or sharing your password with any third
parties or using your password for any unauthorized purpose.
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 this
Web Site other than the search engine and search agents available
from the Company on this Web Site and other than generally available
third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
Attempting to decipher, decompile, disassemble or reverse engineer
any of the software comprising or in any way making up a part of
the Web Site.
Aggregating, copying or duplicating in any manner any of the materials
or information available from the Web Site.
Framing of or linking to any of the materials or information available
from the Web Site.
User Information.
When you register for the Web Site, you will be asked to provide
the Company with certain information including, without limitation,
a valid email address (your "Information"). In addition to the terms
and conditions that may be set forth in any privacy policy on this
Web Site, you understand and agree that the Company may disclose
to third parties, on an anonymous basis, certain aggregate information
contained in your registration application. The Company will not
disclose to any third party your name, address, e-mail address or
telephone number without your prior consent, except to the extent
necessary or appropriate to comply with applicable laws or in legal
proceedings where such information is relevant. The Company reserves
the right to offer third party services and products to you based
on the preferences that you identify in your registration and at
any time thereafter; such offers may be made by the Company or by
third parties. Please see the Company’s Privacy Policy for further
details regarding your Information.
User Submissions.
As a user, you are responsible for your own communications and are
responsible for the consequences of their posting. You must not,
and by using this Web Site you agree not to, do the following things:
post material that is copyrighted, unless you are the copyright
owner or have the permission of the copyright owner to post it;
post material that reveals trade secrets, unless you own them or
have the permission of the owner; post material that infringes on
any other intellectual property rights of others or on the privacy
or publicity rights of others; post material that is obscene, defamatory,
threatening, harassing, abusive, hateful, or embarrassing to another
user or any other person or entity; post a sexually-explicit image
or statement; post advertisements or solicitations of business,
post chain letters or pyramid schemes; impersonate another person;
or post material that contains viruses, Trojan horses, worms, time
bombs, cancelbots or other computer programming routines or engines
that are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or information.
The Company does not represent or guarantee the truthfulness, accuracy,
or reliability of communications posted by users or endorse any
opinions expressed by users. You acknowledge that any reliance on
material posted by other users will be at your own risk.
The Company acts as a passive conduit for the online distribution
and publication of user-submitted information and has no obligation
to screen communications or information in advance and is not responsible
for screening or monitoring material posted by users. If notified
by a user of communications which allegedly do not conform to these
Terms and Conditions, the Company may investigate the allegation
and determine in good faith and its sole discretion whether to remove
or request the removal of the communication. The Company has no
liability or responsibility to users for performance or nonperformance
of such activities. The Company reserves the right to expel users
and prevent their further access to the Web Site for violating the
Terms and Conditions or the law and the right to remove communications
which are abusive, illegal, or disruptive. The Company may take
any action with respect to user-submitted information that it deems
necessary or appropriate in its sole discretion if it believes it
may create liability for the Company or may cause the Company to
lose (in whole or in part) the services of its ISPs or other suppliers.
By submitting content to any public or non-public area of the Web
Site, including message boards, forums, contests and chat rooms,
you grant the Company and its affiliates the loyalty-free, perpetual,
irrevocable, sublicenseable (through multiple tiers), non-exclusive
right (including any moral rights) and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, communicate to the public, perform and display the content
(in whole or in part) worldwide and/or to incorporate it in other
works in any form, media, or technology now known or later developed,
for the full term of any rights that may exist in such content.
You also warrant that the holder of any rights, including moral
rights in such content, has completely and effectively waived all
such rights and validly and irrevocably granted to you the right
to grant the license stated above. You also permit any subscriber
to access, display, view, store and reproduce such content for personal
use. Subject to the foregoing, the owner of such content placed
on the Web Site retains any and all rights that may exist in such
content.
Any hyperlinks contained in a job posting submitted by Customer
will be disabled when such job posting is posted on this Site.
Registration and Password.
You are responsible for maintaining the confidentiality of your
information and password. You shall be responsible for all uses
of your registration, whether or not authorized by you. You agree
to immediately notify the Company of any unauthorized use of your
registration or password.
Identification Of Agent To Receive Notification And Elements Of
Notification Of Claimed Copyright Infringement
If you believe that your copyrighted work has been uploaded, posted
or copied to this Web Site and is accessible on this Web Site in
a way that constitutes copyright infringement, please notify us
by providing our designated copyright agent with the following information:
- The physical
or electronic signature of either the copyright owner or of a
person authorized to act on the owner's behalf;
- A description
of the copyrighted work you claim has been infringed, and a description
of the activity that you claim to be infringing;
- Identification
of the URL or other specific location on this web site where the
material or activity you claim to be infringing is located or
is occurring; you must include enough information to allow us
to locate the material or the activity;
- Your name,
address, telephone number and, if you have one, your e-mail address;
- A statement
by you that you have a good faith belief that use on the web site
of the copyrighted work in the manner you are complaining of is
not authorized by the copyright owner, any agent of the copyright
owner, or the law; and
- A statement
by you, made under penalty of perjury, that the information you
have provided in your notice is accurate and that you are either
the copyright owner or are authorized to act on behalf of the
copyright owner.
Policy Regarding Termination Of Users And Account Holders Who Repeatedly
Infringe The Copyright Or Other Intellectual Property Rights Of Others
Hollywood Talent Showcase.com, and all of our affiliated companies
respect the intellectual property of others, and we ask our users,
account holders and content partners to do the same. The unauthorized
reproduction, copying, distribution, modification, public display
or public performance of copyrighted works constitutes infringement
of the copyright owners rights. As a condition to your use of this
Web Site, you agree not to use the Web Site to infringe the intellectual
property rights of others in any way. We will terminate the accounts
of any account holders, and block access to our Web Site of any users,
who are repeat infringers of the copyrights, or other intellectual
property rights, of others. We reserve the right to take these actions
at any time, in our sole discretion, with or without notice, and without
any liability to the account holder who is terminated or to the user
whose access is blocked.
The Company’s Liability.
Hollywood Talent Showcase.com is only a venue. This Web Site acts
as a venue for employers to post job opportunities and candidates
to post resumes and does not screen or censor the listings offered.
The Company is not involved in the actual transaction between employers
and candidates. As a result, the Company has no control over the quality,
safety or legality of the jobs or resumes posted, the truth or accuracy
of the listings, the ability of employers to offer job opportunities
to candidates or the ability of candidates to fill job openings. In
addition, note that there are risks, including but not limited to
the risk of physical harm, of dealing with strangers, foreign nationals,
underage persons or people acting under false pretenses. You assume
all risks associated with dealing with other users with whom you come
in contact through the Web Site.
Because user authentication on the Internet is difficult, Hollywood
Talent Showcase.com cannot and does not confirm that each user is
who they claim to be. Because we do not and cannot be involved in
user-to-user dealings or control the behavior of participants on Hollywood
Talent Showcase.com, in the event that you have a dispute with one
or more users, you release the Company (and our agents and employees)
from claims, demands and damages (actual and consequential, 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 such disputes. If you are a Arizona resident, you
waive Arizona 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."
We are under no legal obligation to, and generally do not, control
the information provided by other users which is made available through
the Web Site. By its very nature, other people’s information may be
offensive, harmful or inaccurate, and in some cases will be mislabeled
or deceptively labeled. We expect that you will use caution and common
sense when using this Web Site.
The Material may contain inaccuracies or typographical errors. The
Company makes no representations about the accuracy, reliability,
completeness, or timeliness of the Web Site or the Material. The use
of the Web Site and the Material is at your own risk. Changes are
periodically made to the Web Site and may be made at any time.
You acknowledge and agree that you are solely responsible for the
form, content and accuracy of any resume or material contained therein
placed by you on the Web Site. Employers are solely responsible for
their postings on the Web Site.
The Company is not to be considered to be an employer with respect
to your use of the Web Site and the Company shall not be responsible
for any employment decisions, for whatever reason made, made by any
entity posting jobs on the Web Site.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE
OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR
OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL
RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA,
THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED
BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING
THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND
NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES,
SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES
MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS,
OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING
FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Other Sites.
The Web Site contains links to third party web sites. These links
are provided solely as a convenience to you and not as an endorsement
by the Company of the contents on such third-party Web sites. The
Company is not responsible for the content of linked third-party sites
and does not make any representations regarding the content or accuracy
of materials on such third party Web sites. If you decide to access
linked third party Web sites, you do so at your own risk.
No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under
these Term of Use. You also agree not to make any unauthorized commercial
use of the Web Site.
Limitation of Liability.
LIMITATION OF LIABILITY: To the fullest extent permitted by law, and
not withstanding any other provision contained in the Terms &
Conditions, the total aggregate liability of the Company and its officers,
directors, partners, employees, attorneys and agents, and any of them,
to any user of the Web Site (“User”) and anyone claiming by or through
a User, for any and all claims, losses, costs or damages, including
attorneys’ fees and costs, resulting from or in any way related to
or arising from use of the Web Site (collectively the “Claim”), from
any cause or causes, shall not exceed the greater of: the total compensation
received by Company from User in exchange for User’s use of the Web
Site however alleged or arising, including but not limited to negligence,
professional errors or omissions, strict liability , breach of contract
or warranty, express or implied.
Termination.
The Company reserves the right, at its sole discretion, to pursue
all of its legal remedies, including but not limited to deletion of
your postings from this Web Site and immediate termination of your
registration with or ability to access the Web Site and/or any other
service provided to you by the Company, upon any breach by you of
these Terms and Conditions or if the Company is unable to verify or
authenticate any information you submit to the Web Site registration
with or ability to access the Web Site.
Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its
officers, directors, employees and agents, from and against any claims,
actions or demands, including without limitation, reasonable attorney
and accounting fees, alleging or resulting from your use of the Material
or your breach of the terms of these Terms and Conditions. The Company
shall provide notice to you promptly of any such claim, suit, or proceeding
and shall assist you, at your expense, in defending any such claim,
suit or proceeding.
General.
The Company makes no claims that the Materials may be lawfully viewed
or downloaded outside of the United States. Access to the Materials
may not be legal by certain persons or in certain countries. If you
access the Web Site from outside of the United States, you do so at
your own risk and are responsible for compliance with the laws of
your jurisdiction. These Terms and conditions are governed by the
substantive laws of Arizona, without respect to its conflict of laws
principles. If any provision of these Terms and Conditions are found
to be invalid by any court having competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining provisions
of these Terms and Conditions, which shall remain in full force and
effect. No waiver of any term of these Terms and Conditions shall
be deemed a further or continuing waiver of such term or any other
term. Except as expressly provided in additional terms of use for
areas of the Web Site a particular "Legal Notice," or Software License
or material on particular Web pages, these Terms and Conditions constitute
the entire agreement between you and the Company with respect to the
use of Web Site. No changes to these Terms and Conditions shall be
made except by a revised posting on this page.
By using this Web Site, you expressly agree that any claim, dispute,
or controversy arising out of or in any way relating to your use of
the Web Site will be submitted by the parties to binding arbitration
before an arbitrator affiliated with the American Arbitration Association
– www.adr.org (AAA) and mutually agreed to by the parties. The arbitrator
chosen to preside must have at least four (4) years prior experience
in the subject matter involved in the dispute. If no arbitrator is
mutually agreed to, then the AAA rules for default arbitrator selection
shall govern. All parties voluntarily agree that the exclusive jurisdiction
and venue for arbitration shall be the City of Midvale, UT. The parties
agree that the award of the arbitrator will constitute a final judgment
and be enforceable against the parties wherever the parties reside.
This Section will not prevent either party from seeking injunctive
relief (or any other provisional remedy) from any court having jurisdiction
over the parties and the subject matter of their dispute relating
to both parties’ obligations under this Agreement. The arbitrator’s
fees and costs shall be equally borne by the parties until a final
resolution has been determined. Upon final resolution, the prevailing
party, as determined by the arbitrator, will be entitled to recover
from the losing party its proportionate share of the arbitrator’s
fees and costs.
Additional Terms of Use.
Certain areas of this Web Site are subject to additional terms of
use. By using such areas, or any part thereof, you agree to be bound
by the additional terms of use applicable to such areas.
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