Terms and Conditions
Welcome to the Actingland Network, owned and produced by Actingland Incorporated and its
subsidiary and affiliate corporations, successors, and assigns
(collectively referred to as "Actingland").
Actingland is an online community for actors and movie extras. We are a social networking web site for
aspiring actors, artists, and performers. Actingland is an online destination where actors, actresses and film
industry professionals from all over the globe can meet and exchange information, ideas, and opportunities enabling
them to be more productive and successful in their personal and professional endeavors. Actingland is not a talent
agency, talent counseling service, casting agent or agency, management service, employment company, acting coach,
or teacher and does not procure, get, or promise employment, jobs, auditions, castings, or bookings for our members.
Starting an acting career is not an easy task. Your results are a function of your actions. But with hard work,
dedication, and motivation from your peers, you can achieve your acting dreams.
By registering with Actingland or subscribing to any Actingland service, you grant Actingland
permission to copy, print, publish, and/or display, by or on an physical or electronic medium,
any and all information including, but not limited to, personal descriptions, contact information,
and photographs, provided to Actingland at any time including at registration and any subsequent
updates or modifications whether the information is provided via online forms or physical delivery.
While Actingland guarantees the information you provide will be included in Actingland's
talent database, Actingland can not however, guarantee that talent agents, casting directors,
or other members of the film industry will use or view the database. Actingland can not guarantee
you will receive work through our services. Thus, we regret that refunds are not available.
All sales are final. Further, Actingland is not responsible for lost, damaged, incomplete,
illegible, misdirected or postage due mail.
Information on this web site may contain inaccuracies or typographical errors. Information and
pricing may be changed or updated without notice.
READ THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE REGISTERING
OR SUBMITTING ANY PERSONAllY IDENTIFIABLE INFORMATION.
BY INDICATING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, YOU
("SUBSCRIBER") ACKNOWLEDGE AND AGREE TO BE BOUND BY THE PROVISIONS OF THIS AGREEMENT
FOR THE USE OF THE ACTINGLAND SERVICES ("SERVICES") PROVIDED BY ACTINGLAND INCORPORATED
("ACTINGLAND"). IF SUBSCRIBER IS NOT WILLING TO BE BOUND BY THE TERMS AND
CONDITIONS OF THIS AGREEMENT, SUBSCRIBER SHOULD PROMPTLY EXIT FROM THIS WEB SITE.
IF A SUBSCRIBER IS NOT OF AGE, OR IS OTHERWISE UNABLE BY LAW TO BE A PARTY TO THIS
AGREEMENT, SUBSCRIBER ACKNOWLEDGES THAT ACTINGLAND IS PROVIDING THE SERVICE WITH THE
IMPLICIT UNDERSTANDING THAT SUBSCRIBER'S LEGAL GUARDIAN IS NOT OPPOSED TO SUBSCRIBER'S USE
OF THE SERVICE. ACTINGLAND RESERVES THE RIGHT TO DISCONTINUE SERVICES IN THE EVENT
SUBSCRIBER DOES NOT OTHERWISE COMPLY WITH THE TERMS AND CONDITIONS CONTAINED HEREIN.
Grant of Right to Use Services
- Effective upon acceptance of this Agreement,
Actingland hereby grants to Subscriber a nonexclusive, nontransferable, free-of-charge
license to access and use the Services, for Subscriber's use.
- Subscriber shall have no right to sell use of the
Services nor make any claim that it does have such right.
- The Services will allow Subscriber to post, modify,
and delete a personal biography on the Actingland web site and server.
- Subscriber is solely responsible for obtaining all
equipment and approvals necessary for connection to the World Wide Web and all charges
associated with such connection, including but not limited to obtaining a PC and modem,
having access to the World Wide Web and phone service charges.
Actingland's Rights
- Actingland shall retain all right, title and
interest to the Services including all copyrights, trademarks and all other intellectual
property rights there to.
- Subscriber may not, nor allow any third party, to
copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble
or reverse engineer the Services for any purpose whatsoever.
- The copyright notices and other proprietary legends
shall not be removed from the Services and no use of trademarks is granted under this
Agreement.
- Subscriber may not grant any sublicense, leases or
other rights in the Services to any third party. All rights not expressly granted under
this Agreement are retained by Actingland.
Subscriber Registration
- Subscriber will provide all relevant data to
Actingland upon signing up for the Services and at subsequent times as requested by
Actingland.
- Subscriber acknowledges that Actingland may
distribute the registration data to third parties, provided, these parties are verified
members of the casting community. Subscriber's name, address (home and email) and
telephone number will not be openly distributed, unless required by law, or in the event
Subscriber grants Actingland the right to provide that information.
- Subscriber shall update the registration data as
applicable.
- Upon completion of all registration information and
acceptance of this Agreement, Subscriber will receive a username and password.
- Subscriber is solely responsible for the
maintaining the confidentiality of Subscriber's username and password.
- Subscriber shall not give account information to
third parties and shall at all times be responsible and liable for any transactions or
activities that occur on Subscriber's account.
- Subscriber shall immediately notify Actingland if
any unauthorized use of Subscriber's account has occurred or of any other breach of
security.
Termination
- Either party may terminate this Agreement upon notice to the other party.
- Upon termination, Subscriber shall immediately cease to use the Services and Actingland shall have no further obligations whatsoever to Subscriber.
- Actingland shall not be liable to the Subscriber or any third party for any reason for Actingland's terminating this Agreement.
- All sales are final. Refunds are not available.
Recurring Billing
Our services may be based on a monthly subscription fee that will be automatically charged to your credit card or other
payment method that you provide to us and will be billed in advance, unless otherwise expressly noted. At the expiration of each
subscription term we will automatically renew your subscription and charge the credit card or other payment method you have provided
to us, unless you cancel your subscription. At any time, you may elect not to have your subscription to any service renewed
automatically by canceling the service. To cancel your subscription, log into your online account and click the "Cancel Subscription"
link to terminating your subscription and end automatic billing.
Check Policy
If your check, bankcard (debit or credit) charge or other instrument of electric transfer used to pay Actingland Incorporated is dishonored, refused
or returned for any reason, Actingland Incorporated reserves the right to electronically debit your account for the amount of the attempted payment,
plus a processing fee of $25.00 plus any applicable sales tax. Your bank account may be debited as early as the same day such initial payment is
dishonored, refused or returned. The charge that will appear on your credit card statement will be "Actingland Inc"
Chargeback Policy
We are grateful that chargebacks are rare, but we take this issue seriously. Anyone who orders a product then attempts to do a chargeback
ceases to be a customer of Actingland, Inc. All references to a "chargeback" refer to a reversal of a credit/debit card charge placed with
Actingland Incorporated. Fraudulent chargebacks may be turned over to a law enforcement or collection agency. There is no reason for a
chargeback to ever be filed. If you feel that your credit/debit card was used fraudulently on this web site, please contact us for immediate resolution.
Chargeback Agreement
You agree that you will not chargeback any amounts charged to your credit/debit card by Actingland Incorporated. If you place a chargeback with
your credit card company (on purpose or by mistake) for a payment initiated by you, there will be a $50.00 research fee charged to your account to cover
our investigative expenses. Actingland, Inc. may recover the amount of the chargeback in addition to the $50.00 research fee by any means deemed
necessary, including but not limited to recharging your credit/debit card or having the amount recovered by a collection agency. If you do not remember
making the purchase contact us before calling your bank. We log IP strings on all orders. Any orders coming back as a chargeback due to fraudulent activities
will be diligently pursued through your local jurisdiction for prosecution to the fullest extent of the law.
Warranty Disclaimer
- THE SERVICES LICENSED HEREUNDER ARE LICENSED
"AS IS" AND "AS AVAILABLE" AND ACTINGLAND MAKES NO WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES
UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF. ACTINGLAND
MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE FREE OF RIGHTFUL CLAIMS OF
ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH
THE USE OF THE SERVICES SHALL BE BORNE SOLELY BY SUBSCRIBER.
- ACTINGLAND MAKES NO WARRANTY THAT THE SERVICES WILL
MEET SUBSCRIBER'S REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED.
- ACTINGLAND DOES NOT MAKE ANY WARRANTY PERTAINING TO
ANY GOODS OR SERVICES PURCHASED, OBTAINED, SECURED OR ACQUIRED THROUGH THE SERVICES OR ANY
TRANSACTION ENTERED INTO THROUGH THE SERVICE.
- ACTINGLAND DOES NOT WARRANT THE ACCURACY OR
RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES OR ANY DATA OR INFORMATION
DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES. SUBSCRIBER
ACKNOWLEDGES THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED
THROUGH THE USE OF THE SERVICES ARE AT SUBSCRIBER'S SOLE RISK AND DISCRETION AND
ACTINGLAND WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER OR SUBSCRIBER'S
PROPERTY.
Limitation of Liability
IN NO EVENT SHALL ACTINGLAND BE LIABLE TO
SUBSCRIBER OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT
LIABILITY) OR ANY OTHER THEORY OF LIABILITY. ACTINGLAND'S LIABILITY FOR DAMAGES,
REGARDLESS OF THE FORM OF THE ACTION, SHALL NOT EXCEED THE LICENSE FEE PAID BY SUBSCRIBER
FOR THE SERVICES, IF ANY.
The limitation of liability reflects the allocation of risk
between the parties. The limitations specified in this Section will survive and apply even
if any limited remedy specified in this Agreement is found to have failed of its essential
purpose.
Indemnification
Subscriber shall indemnify and hold harmless
Actingland, its directors, officers, employees and agents from and against all
liabilities, losses, costs, expenses (including reasonable attorneys' fees), and damages
resulting from any negligent acts, omissions or willful misconduct by Subscriber,
Subscriber's use of the Services and any breach of the terms and conditions of this
Agreement by Subscriber.
Modification to Services
- During the term of this Agreement, Actingland may
modify or discontinue the Services.
- Actingland shall not be liable to the Subscriber or
any third party for any reason for Actingland's modifying or terminating of such Services.
- The Subscriber is responsible for creating a
back-up copy of any important or critical information that is stored on the Services.
Modification to Agreement
Actingland reserves the right to change the terms
and conditions and conditions of this Agreement. Subscriber shall be informed of such
changes.
- If the Subscriber accepts the changes, the changes
shall be incorporated into this Agreement and shall be binding upon the Subscriber.
- If the Subscriber does not agree to the changes,
this Agreement will terminate and Subscriber shall immediately stop using the Services.
Rules and Regulations
- Subscriber shall be solely liable for any
transmissions sent through or posted on the Service. Actingland has no control over the
content of any posting or transmission nor will it be liable for such content.
- Subscriber shall not use the Services to create or
distribute any images, sounds, messages or other materials, which are obscene, harassing,
racist, malicious, fraudulent or libelous, nor use the Services for any activity that may
be considered or are unethical, immoral, or illegal.
- Further, Subscriber will abide by all rules,
regulations, procedures and policies of Actingland and any policies of the networks
connected to the Services.
Subscriber agrees to abide by all applicable local, state, national and international
laws and regulations and is solely responsible for all acts or omissions that occur under
Subscriber's account or password, including the content of Subscriber's transmissions
through the Service.
By way of example, and not as a limitation, Subscriber agrees not to:
- Use the Service in connection with chain letters,
junk email, voicemail, faxes, spamming or any duplicative or unsolicited messages
(commercial or otherwise);
- Harvest or otherwise collect information about
others, including email addresses, without their consent;
- Create a false identity or forged email address or
header, or otherwise attempt to mislead others as to the identity of the sender or the
origin of the message;
- Transmit through the Service unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable
material of any kind or nature;
- Transmit any material that may infringe the
intellectual property rights or other rights of third parties, including trademark,
copyright or right of publicity;
- Transmit any material that contains viruses, trojan
horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
- Violate any U.S. law regarding the transmission of
technical data or software exported from the United States through the Service;
- Interfere with or disrupt networks connected to the
Service or violate the regulations, policies or procedures of such networks;
- Attempt to gain unauthorized access to the Service,
other accounts, computer systems or networks connected to the Service, through password
mining or any other means;
- Interfere with another member's use and enjoyment
of the Service or another entity's use and enjoyment of similar services.
Third Party Advertisers
- Subscribers may enter into transactions with
advertisers on the Services.
- Such transactions are between Subscriber and
advertisers and Actingland has no connection with any such transaction.
- Actingland assumes no liability for any such
transactions.
General
- This Agreement merges all prior written and oral
communications and defines the entire agreement of the parties concerning the Services.
- In the event any portion of this Agreement shall be
held illegal, void, or ineffective, the remaining portions hereof shall remain in full
force and effect and such illegal, void or ineffective provisions shall be construed, as
nearly as possible, to reflect the intentions of the parties.
- All notices under this Agreement shall be in
writing and delivered by email.
- This Agreement shall be construed in accordance
with the laws of the State of California without regard to its conflict of laws
provisions. Both parties submit to the jurisdiction of the state and federal courts of
California.
- Subscriber agrees and acknowledges that any breach
of the provisions regarding ownership contained in this Agreement shall cause Actingland
irreparable harm and Actingland may obtain injunctive relief as well as seek all other
remedies available to Actingland in law and in equity.
- Subscriber shall not assign its rights under this
Agreement. This Agreement shall be binding on and inure to the benefit of the parties,
their successors, permitted assigns and legal representatives.
- The failure of Actingland to exercise its rights
under this Agreement will not be construed as a waiver of such rights, nor will it in any
way affect the validity of this Agreement. Sections 5, 6 and 7 shall survive termination
or expiration of this Agreement for any reason.
- The U.N. Convention for the Sale of Goods shall not
be applicable to this license of the Services to Subscriber. Subscriber acknowledges that
Subscriber will comply with the laws and export regulations of the United States.
IF YOU WOULD LIKE ANOTHER OPPORTUNITY TO REVIEW THE TERMS AND CONDITIONS OF THIS AGREEMENT,
PLEASE SCROLL TO THE TOP OF THIS WEB PAGE. IF YOU DO NOT ACCEPT - PROMPTLY EXIT FROM THIS WEB SITE.