ActAdept Terms of
ActAdept.com is an online community based website that
strives to provide actors and models the tools they need to market themselves
in show business. ActAdept.com is
operated by Cleareyed LLC (“We”, “us”, or “ActAdept.com”). By using the ActAdept.com website, or any
other features or tools provided from time to time by ActAdept.com you agree to
be bound by the terms of Terms of Service Agreement (the “Agreement”). In order to create an account with
ActAdept.com it is required that you read this agreement and indicate your
acceptance during the Sign Up process.
This Terms of Service Agreement sets forth the legally
binding terms for your use of the ActAdept.com Services. Your membership with ActAdept.com, if any,
may be modified or terminated at any time without prior notification. You are authorized to use the ActAdept.com
Services only if you agree to abide by all applicable laws, and if you read and
agree to abide by the terms of this agreement.
ActAdept.com may modify the terms of this Agreement from
time to time, and such modifications will be made effective by posting on the
ActAdept.com website. You agree to be
bound by any such changes to this Agreement when you use the ActAdept.com
Services at any time after such a modification is posted.
Choose carefully the content you post on ActAdept.com. Your profile and web page may not consist of
any of the following items: obscene or sexually explicit language, nudity, lewd
or excessively violent subject matter, or otherwise questionable subject
matter. In spite of these prohibitions,
you may encounter user created material that is counter to these terms, and
ActAdept.com assumes no responsibility or liability for such material. Should you encounter any offensive material,
please contact us at firstname.lastname@example.org.
- Eligibility. It is required that you be fourteen
years of age or older to use or register with ActAdept.com. Use of the ActAdept.com Services is
void where prohibited. By agreeing
to these terms or by using the ActAdept.com Website or Services, you
represent and warrant that you have the right to enter into this Agreement
and to abide by all of the terms and conditions of this Agreement.
- Term. This Agreement shall remain in full
force and effect while you are an ActAdept.com member or while you use any
of the ActAdept.com Services. You
may terminate your membership at any time by following the procedures on
the Cancel Account page. We may
cancel your membership at any time and for any reason. If you are using a paid version of the
ActAdept.com service, and we terminate your membership in the Service
because you have violated this Agreement, you will not be entitled to any
refund of unused subscription fees.
- Fees. You acknowledge that ActAdept.com
reserves the right to charge for the ActAdept.com Services and to change
its fees from time to time.
Rights in Content.
ActAdept.com does not claim any ownership to the text, files,
images, videos, sounds, or any other materials (collectively, “Content”)
that you post to the ActAdept.com Services. By posting any Content on the ActAdept.com Services you
hereby grant to ActAdept.com a limited license to use, modify, publicly
display, reproduce, and distribute such Content solely on and through the
ActAdept.com Services. After
posting your Content to the ActAdept.com Services, you continue to retain
all ownership rights to such Content, and you continue to have the right
to use your Content in any way you choose.
You represent and warrant that: (i)
you won the Content posted by you on or through the ActAdept.com Services or
otherwise have the right to grant the license set forth in this section and
(ii) the posting of your Content on or through the ActAdept.com Services does
not violate the privacy rights, publicity rights, copyrights, contract rights,
or any other rights of any person. You
agree to pay for all royalties, fees, and any other monies owing any person by
reason of any Content posted by you to or through the ActAdept.com Services.
Except for Content that you post on
or through the ActAdept.com Services, you may not copy, modify, publish,
transmit, display, or sell any Content appearing on or through the ActAdept.com
of Content. You understand and
acknowledge that we may review and delete any Content that you post on any
area of the Website that we, in our sole judgment, believe (1) violates
this Agreement, (2) might be offensive or illegal, or (3) might violate
the rights of, harm, or threaten the safety of any other Member.
Content. The following is a
partial list of Content that is illegal or prohibited to post on or
through the ActAdept.com Services.
Prohibited Content includes, but is not limited to Content that, in
the sole discretion of ActAdept.com:
blatantly offensive and promotes racism, bigotry, hatred, or physical
harm of any kind against any individual or group;
or advocates the harassment of any other person;
people in a sexual or violent manner;
nudity, violence, or offensive subject matter or contains a link to a
website containing such subject matter;
personal information from anyone under the age of 18;
information that you know to be false or misleading or promotes illegal
an illegal or unauthorized copy of another person’s copyrighted work;
a photograph of another person that you have posted without that person’s
Disputes. You are solely
responsible for your interactions with other ActAdept.com Members. ActAdept.com reserves the right, but
has no obligation to monitor disputes between you and other Members.
- Privacy. Use of the ActAdept.com Services is
Agreement by this reference.
- Disclaimers. ActAdept.com is not responsible for any
incorrect or inaccurate Content posted on ActAdept.com whether caused by
Users of the ActAdept.com Services or by any equipment or programming
associated with or utilized in the ActAdept.com Services.
on Liability. Notwithstanding
any other provision of this Agreement, our entire liability to you for any
cause whatsoever, and regardless of the form of the action, will at all
times be limited to the amount paid, if any, by you to us for the Service
during the term of this Agreement. Except in jurisdictions where such
provisions are restricted, in no event will we be liable to you or any
third person for any indirect, consequential, exemplary, incidental,
special or punitive damages, including lost profits arising from your use
of the Website or the Service, even if we have been advised of the
possibility of such damages.
- Disputes. If there is any dispute between you and
us about or involving the Website or the Service, by using the Website or
the Service, you agree that the dispute will be governed by the laws of
the State of California without regard to its conflict of law provisions.
You agree to personal jurisdiction under and venue in the state and
federal courts located in San Diego, California for the resolution of any
- Indemnity. You agree to indemnify and hold
ActAdept.com, Cleareyed LLC, its subsidiaries, affiliates, officers,
agents, employees, and corporate or other partners harmless from any loss,
liability, claim, or demand, including reasonable attorneys. fees, arising
out of or relating to: (a) your use of the Website or the Service
(including the Posting by you of any Content on the Website) in violation
of this Agreement; (b) any other breach of this Agreement by you; or (c)
any breach of your representations and warranties set forth above.
- Other. You will be deemed to have accepted
the terms of this Agreement upon use of the Website or by becoming a
regarding the Website or the Service sent to you or posted on the Website,
which are incorporated herein by this reference, contains the entire
agreement between you and us regarding the use of the Website or the
Service. Our failure to exercise or enforce any right or provision of this
Agreement shall not constitute a waiver of such right or provision. If any
provision of this Agreement is held invalid or unlawful, the remainder of
this Agreement shall continue in full force and effect. The section titles
in this Agreement are for convenience only and have no legal or
Please contact us by e-mail at email@example.com with any questions
regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE
PROVISIONS CONTAINED ABOVE.