Talent City

TERMS OF SERVICE
This Agreement (also known as ATOS) governs the relationship between Talentcity.net (including its agents, affiliates, employees and assigns), and you, (including your agents, affiliates, employees and assigns).

The services offered to you are conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

1.Acceptance Through Use.
By using Talentcity.net's services, you represent and warrant that you agree to abide by the terms, conditions, rules, notices, limitations, and guidelines contained in this Agreement and all modifications thereto. Talentcity.net reserves the right to change this Agreement and its TOS at any time and to notify you by posting an updated version of the TOS on its website. You are responsible for regularly reviewing the TOS. Your continued use of the services, after any electronic or other posting of changes to this Agreement and TOS, shall signify your acceptance of such changes, and your agreement to be bound thereby. Such changes may include changes in fees for using our system which includes our storage of literary properties and other information relating to you and your work. If you do not agree to these terms of use, or rules, including any changes to the foregoing, please do not use (or, as the case may be, do not continue to use) our site for services.

2. Service is Not a Talent Agent.
You understand and agree that Talentcity.net is an electronic community host principally engaged in the creation of a website designed to put actors in front of casting people, lyrics in front of musicians, and written works in front of film-makers and actors and does not serve as a representative, service, or talent agent to list you for employment of any kind. Talentcity.net is not a publisher, talent agency or auctioneer with respect to literary material on this site. The basic membership fee you pay for the service is for the permission granted to you to access the electronic community (including websites and web pages) created by Talentcity.net and is not in any way relating to employment of any kind. The basic membership does not include particular elements of the services existing at any time such as, audio feeds, breakdowns, e-mail, facsimiles, photos, postcards, resumes, slides, video feeds, etc. Any additional fees, such as but not limited to, fees for scanning of photographs, posting of video or audio clips, or input of data are fees for operator services only and do not represent any advance fee relating to employment of any kind.

3. User Account/Account Monitoring.
You are solely responsible for maintaining the confidentiality of your password and account. You are solely responsible for any and all activities that occur under, in and/or through your account, user name, and/or password. You agree to notify Talentcity.net immediately of any unauthorized use of your account or any other breach of security. It is Talentcity.net's policy to respect the privacy of its members. For a more detailed explanation, please see Talentcity.net's privacy policy.

4. Representations and Warranties/Indemnification.
As a condition of your use of the services, you represent and warrant that you will not use the services for any purpose that is unlawful or prohibited by this Agreement. You agree to abide by all applicable local, state, national and international laws and regulations, and are solely responsible for all acts or omissions that occur under your account and/or password, including the content of your postings and/or transmissions. You will defend and hold Talentcity.net harmless from any dispute of any kind whatsoever (including all claims, liabilities, damages, expenses and reasonable attorneys= fees and disbursements) between you and any persons or entities with whom you conduct transactions on this site, including claims arising out of any claim of violation of copyright, trademark, publicity, privacy or other rights, or defamation, in respect to any material that you furnish to Talentcity.net or that you acquire from other persons or entities using this site; and any other dispute relating to the subject matter hereof. For the purpose of this indemnity, without limitation, any parent, subsidiary and affiliated companies and any licensees, successors and assigns, and any internet service providers, hosting companies and other providers of infrastructure facilities of Talentcity.net are included; the directors, officers, employees, agents, representatives, and independent contractors of each of the foregoing shall be included in this indemnity as well.

You agree to use the services for your personal use only. Any unauthorized commercial use of the services or resale of Talentcity.net's services, is expressly prohibited. You specifically represent and warrant that you have the right and full authority to post and/or transmit any of the content, material and/or messages posted and/or transmitted by you including all intellectual property rights and/or necessary grants of intellectual property rights and you specifically indemnify Talentcity.net for all costs and fees occasioned by your breach of this warranty including, but not limited to, all legal fees incurred as a result of any such breach. You specifically represent and warrant you are over 18 years of age; you have the right and authority to furnish any material that you furnish to us; no material that you furnish to us violates copyright, trademark, publicity, privacy or other rights of, or defames, any person or entity.

You further agree to refrain from use of the services for any of the following intentions:

abuse, annoy, harass, defame, stalk, threaten or otherwise violate the legal rights of others;
advertise or offer to sell or buy goods or services for any commercial purpose;
attempt to gain or gain unauthorized access of any of Talentcity.nets services or websites, other users accounts, computer systems or networks connected to the services, through keystroke capture, hacking, password mining, reverse engineering or any other means;
attempt to or interfere with, disrupt or interrupt, any of the services or computer systems or networks connected thereto;
create or maintain a false identity or mislead others as to your identity or to the originator of any email, posting, or transmission;
distribute, publish, transmit, or upload any false statement or any defamatory, indecent, infringing, obscene or unlawful material or information;
distribute, publish, transmit or upload any material, message or post that contains any virus or any other harmful code and/or program;
distribute, publish, transmit or upload any material that contains material protected by intellectual property laws, rights of privacy or publicity or any other applicable law which you do not own or have the necessary permission and consent therefore;
interfere with any other user's use and enjoyment of the services;
participate in or promote any chain letters, junk mail or spam mail;
use, copy, download, upload, transmit or otherwise provide to any person or entity that is not a paid user of the services any of the content of such services and/or access thereto;
violate any applicable laws or regulations including, without limitation, laws regarding the transmission or export of software or technical data.
Misrepresentation of your type of enrollment ie if you are an actor, you will enroll as such. This list is intended to give examples of prohibited conduct and does not necessarily include all prohibited conduct. Talentcity.net reserves the right to add additional prohibited acts to this list at any time and without notice to you.

You specifically agree that Talentcity.net shall not be responsible or liable for unauthorized access to, or alteration, or editing of your postings, transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through Talentcity.net's services or websites. You specifically agree that Talentcity.net is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or the conduct of any other person, party or entity or any infringement of another's rights, including intellectual property rights. You specifically agree that Talentcity.net is not responsible for any content sent using and/or included in the services by any third party. You specifically agree that Talentcity.net is not responsible for any and all damages suffered by you in connection with scripts you send to actors via email, airmail, surface mail or other route.

Talentcity.net cannot control or prescreen, and accordingly, is not liable for the content of material on this site, including author biographies, log lines, synopsis, literary works, photographs, videos, lyrics, MP3s and literary works themselves. Talentcity.net does not verify the ownership or truthfulness of any items. Talentcity.net cannot control users of this site, or anyone else who obtains access to literary materials, lyrics, photographs, videos, etc. through users, and accordingly is not liable for their acts or omissions, including but not limited to violations of copyright, trademark, publicity, privacy or other rights, or defamation, of any person or entity, and any failure to perform commitments that such users may make to you. Talentcity.net is not liable for the contents of any website not controlled or operated by it that is directly or indirectly accessed from or linked to this site. The materials on this site are provided as is and without express or implied warranties of any kind. Talentcity.net does not undertake to investigate the truthfulness of statements or professional affiliations, or indeed of any information provided by users of this site.

The relationship between you and Talentcity.net is not a confidential, fiduciary or other special relationship. You agree that Talentcity.net may advertise and publicize, both on and offline, your participation in this site.

If you are a professional representative, you agree that you will not seek or accept payment from sellers for services or expenses, prior to the conclusion of a sale by a seller to a third party. We caution sellers that if a professional representative seeks payment, such as for expenses of representation, or for a so-called vanity publication, you should consider discontinuing communication with such representative.

5. Storage Limitations
The amount of storage space per member is limited. Some graphics, posts and/or messages may not be processed due to space constraints or message limitations. You agree that Talentcity.net is not responsible or liable for the deletion or failure to store messages or other information.

6. Retention of Content
You understand and agree that Talentcity.net shall not be responsible for the return or storage of any materials posted or submitted by you or transmitted to you. All original materials or other property received by Talentcity.net for a posting on its website or inclusion in its services become the property of Talentcity.net, and may be disposed of by Talentcity.net without recourse by you or any other person, party or entity. You are advised to submit, transmit and/or post copies only of any materials. Talentcity.net shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.

7. Linked Sites
Talentcity.net may provide or include links within its website which let you access the sites (linked sites) of others; such linked sites are not controlled, operated, or maintained by Talentcity.net and Talentcity.net is not responsible for the contents thereof, including, but not limited to, any updates to such linked sites. Talentcity.net is not responsible for maintenance of any links within its websites and does not represent or warrant that any such specific links will be provided in the future; links are provided to Talentcity.net's electronic community as a convenience only. Inclusion of any links or linked sites does not constitute or imply an endorsement by Talentcity.net of the content or operator of the linked sites. Talentcity.net reserves the right to discontinue inclusion of any linked sites at any time without compensation or refund to you.

8. Refusal to Provide Service/Discontinue Service
Talentcity.net reserves the right to refuse to provide service or to discontinue to provide service to you and/or any other user and/or any prospective user at any time, without notice. Talentcity.net may, but is not required to, refuse access to its services to you or any other user or prospective member for the following reasons:

Violation of these TOS;
Failure to access the services without customer support;
Failure to make timely and sufficient payment;
Involvement in or threat of any legal action in which Talentcity.net or any of its agents, employees, or affiliates are or are threatened to be named as parties or potential witnesses;
Claims against you for copyright infringement;
Any suspected unlawful activity.

Talentcity.net may also terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam, other unsolicited bulk email or direct unsolicited email relating to other websites, the services of other websites or any person or company offering services similar to those offered by Talentcity.net. In addition, because damages are often quite difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Talentcity.net liquidated damages of $25.00 for each transmittal of spam, unsolicited bulk email or direct unsolicited email relating to other websites, the services of other websites or any person or company offering services similar to those offered by Talentcity.net transmitted from or otherwise connected with your account ($25.00 per addressee); to the extent that Talentcity.net's actual damages can be calculated in excess of $25.00 per transmittal, you agree to pay such actual damages in accordance with calculation and proof.

You expressly agree that no refund shall be due you or made to you in the event of cancellation, suspension or termination of your access to the services resulting from violation of the TOS.

9. Damages Limited to Membership Fee for One Year
Talentcity.net reserves the right to restrict your access to portions of or the entire electronic community it serves, and to add, delete, and otherwise modify any of the content and/or services contained on Talentcity.net's website without compensation or refund to you. Talentcity.net may cancel a user's membership at any time, and in its absolute discretion, for which your sole remedy will be to have Talentcity.net refund to you a reasonably allocated portion of fees, if any, you have paid it for your term of membership. Talentcity.net disclaims liability for consequential, indirect, or incidental damages of any kind, even if advised of the possibility of such damages. The foregoing allocation of risk is built into the pricing. In the event of any dispute arising out of or in connection with these terms and/or the subject matter hereof, Talentcity.net's maximum and exclusive liability to any user of the website will be limited to one year's cost of enrolling in the service, in the aggregate, irrespective of the number of claims stated and the number of defendants designated by the user.

10. No express or Implied Warranties Regarding Use or Performance of Service
Talentcity.net does not represent or warrant that its services will be uninterrupted. Talentcity.net is not liable for any interruption of service caused by the acts or omissions of third parties, hardware failure, software failure or incompatibility, electronic disruption, power outage, hardware incompatibilities, computer virus, system maintenance, system upgrade or removal of any service previously offered on any of Talentcity.net's services or website. Talentcity.net shall not be responsible for failure to maintain or update any of the content and/or links on its services or website and does not in any way represent or warrant the accuracy or timeliness of the same. Talentcity.net is not liable for service errors, omissions, interruptions, defects, transmission delays, computer viruses or technical problems. In the event of any nonperformance by Talentcity.net, your sole remedy will be to have it re-perform the application transaction or, if it is unable to do this, to refund to you any sums paid for the application transaction. Talentcity.net is not liable for network/backbone difficulties, loss of profits, inaccuracy of data or business data, or interruption of business. Talentcity.net does not make any guarantee of uninterrupted or error-free service. Talentcity.net makes no express or implied warranties regarding your use or the performance of its services.

Talentcity.net does not represent or warrant that its services and/or website will not contain typographic or other errors, that such errors will be corrected or that the content of its services will be accurate, reliable, or timely. Talentcity.net makes no representations about the accuracy, availability, reliability or timeliness of its services for any purposes; Talentcity.net services and/or website is provided as is and without warranties of any kind. All implied warranties, including warranties of merchantability, fitness for a particular purpose, title, and noninfringement are expressly disclaimed.

You specifically agree that Talentcity.net shall not be responsible or liable for any direct, indirect, consequential, incidental, special or punitive damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the services or website or web page, delay or inability to use the services, website or web page, the provision of or failure to provide services, or for any content, information, products or services obtained through the services or website, or otherwise arising out of the use of the services, whether based on common law, contract, tort, negligence, strict liability or other application of law, even if Talentcity.net has been advised of the possibility of damages.

11. Indemnification
You agree to indemnify and hold Talentcity.net, its agents, affiliates, assigns, employees, directors and officers harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of Talentcity.net's services and/or website.

12. Dealings with Advertisers
Any dealings you have with Talentcity.net's advertisers including, but not limited to, the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Talentcity.net is not and shall not be responsible or liable for any part or whole of any such dealings.

13. Rights to Content
You acknowledge that the content of Talentcity.net's website including, but not limited to, code, music, software, sound, photographs, text, video, graphics, commercially produced information, and/or other material contained in the website and/or advertisements or electronically distributed and presented to you by Talentcity.net, its advertisers, or other content providers is protected by copyright, trademark, service mark, patent or other proprietary rights and laws. You may not alter, copy, distribute, modify, post, reproduce or transmit in any way content available through the Talentcity.net website. Any rights not expressly addressed herein are reserved.

14. Governing Law
This Agreement is governed by the laws of the State of California of the United States of America. The Federal and State Courts situated in San Mateo County, California shall have exclusive jurisdiction of any and all disputes relating to the subject matter hereof. We make no representation that materials or information on this site are appropriate or available for use, in compliance with the law of, or if and to the extent local laws are applicable, other jurisdictions. Use of Talentcity.net's website in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph, is prohibited. You agree that no agency, employment, joint venture, or partnership relationship exists between you and Talentcity.net as a result of this TOS or use of the services. Talentcity.net's performance of this TOS is subject to compliance with existing laws and nothing contained in this TOS is in derogation of Talentcity.net's rights to comply with governmental, court and law enforcement requests or requirements relating to use of its services by you or information provided to or gathered by Talentcity.net with respect to such use.

15. Notices
Any notifications or other communications that we undertake to send to you hereunder will be deemed conclusively given if sent to the email address submitted as part of your Talentcity.net registration. If such email address does not function, we will have no obligation to attempt to send you notifications or other communications by other means, notwithstanding that other contact information for you may be available to us.

16. Severability/Substitution
If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein above, the invalid or unenforceable provision will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the TOS shall continue in effect. If no such provision is allowable, the rest of the TOS shall remain in force without the invalid or unenforceable provision.

17. Choice of Forum
You agree that any disputes arising under or relating to this TOS shall be resolved through binding arbitration held in the County of San Mateo, State of California. In the event Talentcity.net deems it necessary (in its sole discretion) to prepare and file a petition to commence and/or enforce its arbitration rights, you agree to indemnify Talentcity.net for all costs and fees (including, but not limited to, attorneys' fees) incurred therefor.

18. Attorney's Fees
If a dispute arises with respect to or arising out of the subject matter of this TOS (whether based in contract, tort or otherwise) the prevailing party shall be entitled to payment by the other of his or her legal fees and other legal expenses such as expert fees, duplication costs, telefax charges, and paralegal fees, whether incurred without a suit being filed or incurred during arbitration or litigation (including appeal or remand and the enforcement or collection of a judgment, including post-judgment motions, contempt proceedings, garnishment, levy, debtor and third party exams, and bankruptcy litigation). A party shall be deemed to have prevailed if the other dismisses a proceeding or if the party substantially achieves its goals. A party who prevails on appeal shall be entitled to its fees for the appeal despite its not having prevailed on issues not appealed. The intent of this provision is to compensate the prevailing party fully for the costs of its participation in the proceeding; thus, fees and expenses shall not be computed by using any court schedule, but shall fully reimburse fees and expenses incurred in good faith, regardless of the size of a judgment. Any judgment entered shall contain a provision providing for the recovery of fees and expenses incurred in enforcing or collecting the judgment notwithstanding Code of Civil Procedure Section 685.040. Liability for such fees or expenses may be established by post-judgment motions to amend costs as needed, or in a separate proceeding (to which this fees and expenses provision shall also apply), at the election of the party entitled.

19. Entire Agreement
Unless otherwise specified herein, this TOS constitutes the entire agreement between you and Talentcity.net with respect to Talentcity.net's website and supercedes all prior or contemporaneous communications, proposals, representations and/or agreements whether electronic, oral or written, between you and Talentcity.net with respect to the services. This TOS is intended as a integrated agreement. A printed version of this TOS and of any notice given in electronic form shall be admissible in all judicial or administrative proceedings relating to this agreement. You agree that Talentcity.net may sufficiently approve your acceptance hereof through production of records showing the time and/or date of your access of Talentcity.net's services. You and Talentcity.net agree that any cause of action arising out of or related to the service must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred.

20. Terms of Construction
References to the singular shall include the plural, as necessary and references to the masculine gender shall include the feminine and/or neuter gender as necessary.

21. Notice and Procedure for Claims of Copyright Infringement
We urge you to register the copyright in your materials in the U.S. Copyright office, and to place a copyright notice and other appropriate legal notices on your materials. This site and our staff, however, are not providers of legal services. If you have questions of a legal nature, about copyright, we urge you to seek advice from a qualified attorney. We have a policy against the use of works in our system that infringe or otherwise violate any intellectual property, publicity, privacy, or other rights of, or defame, third parties. Due to uncertainties in determining rights and violations in this area, and for other reasons, we reserve the right to refuse to accept posting of material, to withdraw previously posted material, and to cancel users membership, at any time, and in our absolute discretion, for which your sole remedy would be to have us refund to you a reasonably allocated portion of fees you have paid to us that relate solely to withdrawn material, but in no event more than one year's cost of enrolling in this service.

Pursuant to Title 17, United States Code, section 512(c)(2), notifications of claimed copyright infringement should be sent to Talentcity.net's designated agent.

Written notification must be submitted to the following Designated Agent:

This Designated Agent will respond only to issues regarding infringement of your copyrighted material. All other inquiries, such as requests for technical assistance, reports of email abuse, and piracy reports, will not receive a response through this process.

To be effective, the Notification must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or to which access is to be disabled and information reasonably sufficient to permit Talentcity.net to locate the material;
Information reasonably sufficient to permit Talentcity.net, to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of the written Notification containing the information as outlined in 1 through 6 above;

Talentcity.net shall remove or disable access to the material that is alleged to be infringing;
Talentcity.net shall forward the written nonfiction to such alleged infringer (User);
Talentcity.net shall take reasonable steps to promptly notify the User that it has removed or disabled access to the material.

Counter Notification
To be effective, a Counter Notification must be a written communication provided to the Service Provider's Designated Agent that includes substantially the following:

A physical or electronic signature of the subscriber;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located or if the subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:

Talentcity.net shall promptly provide the complaining party with a copy of the Counter Notification;
Talentcity.net shall inform the complaining party that it will replace the removed material or cease disabling access to it within ten (10) business days;
Talentcity.net shall replace the removed material or cease disabling access to the material within ten (10) business days following receipt of the Counter Notification, provided Talentcity.net's Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain subscriber from engaging in infringing activity relating to the material on Talentcity.net's website.

Additional information about copyright can be found at http://www.loc.gov/copyright/

YOU HAVE COME TO THE RIGHT PLACE! MOVE UP TO TALENT CITY.