ActAdept Terms of Service Agreement

 

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 contact@actadept.com.

 

  1. 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.

 

  1. 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.

 

  1. 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. 

 

  1. Proprietary 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 Services.

 

  1. Removal 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.

 

  1. Prohibited 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:

 

    1. Is blatantly offensive and promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group;
    2. Harasses or advocates the harassment of any other person;
    3. Exploits people in a sexual or violent manner;
    4. Contains nudity, violence, or offensive subject matter or contains a link to a website containing such subject matter;
    5. Solicits personal information from anyone under the age of 18;
    6. Promotes information that you know to be false or misleading or promotes illegal activities;
    7. Promotes an illegal or unauthorized copy of another person’s copyrighted work;
    8. Includes a photograph of another person that you have posted without that person’s consent;

 

  1. Member 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.

 

  1. Privacy.  Use of the ActAdept.com Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

 

  1. 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. 

 

  1. Limitation 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.

 

  1. 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 such dispute.

 

  1. 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.

 

  1. Other.  You will be deemed to have accepted the terms of this Agreement upon use of the Website or by becoming a Member. This Agreement, together with our Privacy Policy, and any notices 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 contractual effect.

Please contact us by e-mail at contact@actadept.com with any questions regarding this agreement.

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.