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TERMS & CONDITIONS |
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Acceptance of Terms Through Use
By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these “Terms of Use,” please do not use this site. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Agreement to Rules of User Conduct
You agree to abide by Prize Talent Rules of User Conduct, including but not limited to, agreeing not to use this site for any unlawful purpose. A copy of the Rules of Conduct, which you should review, can be found at the bottom of this page.
Privacy Policy
This Agreement includes the terms and conditions of the Prize Talent Privacy Policy, a copy of which is located at the bottom of this page and which is hereby incorporated by reference.
Parties
If you are under the age of 18 years of age a parent or legal guardian must complete/agree to your application. Prize Talent. (PRIZETALENT) and you agree that by clicking "I Agree" to this agreement (Agreement), you purchased a membership or services and agree to all the terms in this Agreement. You also agree to follow PRIZETALENT's Rules of Conduct a copy of which is located at the bottom of this page and which is hereby incorporated by reference.
Membership Rates
If you are under 14 you may not use this website. If you are under 18, PRIZETALENT requires an adult to make the payment on your behalf. Membership rates vary depending on the membership level you’ve selected to participate at. Standard Level Memberships are always 100% Free. Membership fees for those participating at the Premium Level Memberships are charged in U.S. dollars. You agree to pay the membership amount you have selected via credit card or electronic check.
If paying by Electronic Check, you authorize Prize Talent. (the merchant) to electronically debit your account for the amount of the check, plus at PRIZETALENT’s discretion, any state allowed recovery fee if the check is dishonored or returned for any reason. If Paying by Credit Card, you authorize Prize Talent. (the merchant) to charge your credit card.
Billing Termination
PayPal & 2CheckOut handle all billing for Prize Talent and they are setup as a “user initiated payment system”. This means that the customer has full control over their own billing and not Prize Talent. If you wish to cancel your membership you must do so via the control panel of the website or by notifying customer support.
Canceling the subscription will automatically downgrade your membership with us to a FREE Standard account which gives you services that are more limited. Then you can upgrade again anytime in the future by logging back into your Prize Talent account and clicking at the right-top of the page where it says: Please click here to upgrade.
Automatic Monthly Deductions & Timely Payments
You have full control over the automatic monthly deduction (EFT) and can stop it anytime by notifying Prize Talent. You are responsible for notifying your bank of any error that appears on your bank or credit card statement in a timely manner. You must notify PRIZETALENT within 60 days of a claimed EFT error on your bank statement or credit card statement. If you claim your EFT was not stopped when you told Prize Talent, you must have written proof. Without proof, PRIZETALENT cannot reimburse you for EFT deductions which you claim should not been deducted. If your EFT ends for any reason, your membership may be automatically downgraded to bronze or suspended at PRIZETALENT's election.
Right to Modify Dues
If you have a monthly membership, PRIZETALENT may modify your dues. If you have a prepaid membership, PRIZETALENT cannot modify your prepaid dues before the renewal date of your prepaid membership. PRIZETALENT retains the right to offer “specials” from time to time and to change dues and fees when it deems necessary.
Refund Policy
If you are unhappy with your membership, you have 30 days from the date of original purchase in order to obtain the refund for your initial payment (recurring payments are not refundable unless special circumstances exist in which case our support team will have the right to accept or deny your request). In order to obtain a refund you must contact our support team via the form on the website at least 48 hours prior to the end of the 30 day period.
Membership
Your membership permits you to have use of PRIZETALENT website. This includes posting your personal profile, resume, photos, music, videos, biography, etc. Some optional services are available for an additional charge. Your membership is nontransferable by you and it does not give you any rights in PRIZETALENT, its management, property or operation. Prize Talent, reserves the right to reject enrollments, information, resumes, photos and any other submissions at its sole discretion.
You understand that PRIZETALENT is an online talent database. PRIZETALENT is not an employment agency, casting agent, production company, agency, or manager and does not employ or procure bookings or castings for its clients or represent clients. PRIZETALENT cannot and does not guarantee any amount of income or employment from the use of its site. Information contained within this site is not a substitute for the advice of a casting director or licensed agent. PRIZETALENT is engaged in the business of providing electronic media services through the internet. We diligently research and provide hundreds of listings each week for people seeking employment in the entertainment industry in the ‘Casting Notices' section on our website. We also provide thousands of listings for employers of people interested in performing on our website. We do not and never have charged any fees or commissions for anyone who finds employment through our website.
The information in the database and forums is provided by Prize Talent members. Prize Talent. does not warrant the accuracy and validity of any information provided, nor does it guarantee the quality of our members work. Members may include talent agencies, casting-directors, acting schools, photographers, producers, promoters, actors, models, and all others relating to the entertainment industry. The purpose of this website is to help members make appropriate connections in the entertainment industry. Anyone who chooses to view and or make use of Prize Talent., for any reason accepts full responsibility for any negative experiences that may occur. You also agree to indemnify and hold harmless Prize Talent, affiliated companies and all of their respective officers, directors, agents, and employees from and against any and all actions, claims, demands, losses, damages, or causes of action by any third party arising from any claims to or against Prize Talent..
Uploading of Copyright Materials
PrizeTalent.com follows all applicable copyright and trademark laws therefore we insist that users under no circumstances upload music, photo or video files that they do not have all necessary permissions to publicly distribute. Failure to abide by these rules may result in civil and or criminal penalties. PrizeTalent cannot be held liable for any misuse of copyright or trademark material posted on the website by its members as each user is solely responsible for the content they upload.
Username and Password
You may receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (1) immediately notify PRIZETALENT of any unauthorized use of your password or account or any other breach of security, and (2) ensure that you exit from your account at the end of each session. PRIZETALENT cannot and will not be liable for any loss or damage arising from unauthorized use of your username and/or password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at PRIZETALENT's sole discretion, and PRIZETALENT may refer you to appropriate law enforcement agencies. INFORMATION, PICTURES, RESUMES, ETC.
Any information, pictures, resumes, etc. submitted to Prize Talent., become property of Prize Talent., and will not be returned. Some information contained on the site is intended for entertainment purposes and the views and opinions expressed therein are not necessarily those of Prize Talent..
Browsing the site is at the user's risk: PRIZETALENT makes no warranties or representation as to the accuracy of the information contained in this site and assumes no liability or responsibility for any errors or omissions in its contents or for any claims that the use of the materials displayed infringes upon the rights of third parties. Neither PRIZETALENT, nor any other party involved in creating, producing, or delivering the site is liable for any costs, losses, damages, including direct, incidental, consequential, indirect, or punitive damages arising out of the user's access to, or use of, the site.
Communications and Transmissions
Any communications or transmissions to the site by electronic mail or otherwise, including any data, questions, comments, suggestions, reviews, articles, or similar type of information is, and will be treated as, non-confidential and non-proprietary. Anything transmitted or posted may be used by Prize Talent., its subsidiaries, agents, employees, and affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, representation, publication, broadcast, and posting. Trademarks, service marks, logos and/or any other text, marks, pictures, information, coding, or any thing else you may find on PRIZETALENT are the exclusive property of Prize Talent., and others, as may be applicable. PRIZETALENT may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the site. However, PRIZETALENT does not have an obligation to do so and assumes no responsibility or liability arising from their contents.
Periodically this web site may be temporarily inaccessible due to maintenance work on our web server or high Internet traffic to the web site. PRIZETALENT cannot be held responsible for any inconveniences (loss of work, loss of promotion, etc.) this may cause you.
Third Party Sites
PRIZETALENT does not endorse, nor is it affiliated with any third party entity, which may have provided a link to this Web site. Similarly, PRIZETALENT does not endorse, nor is it necessarily affiliated with, any entity to which you may link from this Web site. These other sites are not under the control of Prize Talent., and you acknowledge that Prize Talent. is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Prize Talent. or any association with its operators.
Proprietary Rights
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Prize Talent., you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Prize Talent. is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Prize Talent.. Permission is granted only when certain limited criteria are met.
Guarantee of Services
PrizeTalent.com does not guarantee the effectiveness of its services, meaning we in no way state that you will get any type of contracts, bookings, etc by using our services. Your membership fee covers only your listing on the website and nothing else.
User's Grant of Limited License
By posting or submitting content to this site, you:
1. grant Prize Talent. and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and 2. warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Prize Talent. will not infringe or violate the rights of any third party. INFORMATION SURETY We work hard to ensure the information provided to you is accurate and complete. However, Prize Talent. does not control and cannot guaranty the legality or accuracy of the materials (including auditions/casting calls, jobs listings). Anyone can post an audition/casting call, job listing on our web site. Prize Talent. is not responsible for any copyrighted materials posted on our web site.
Please use the information on this web site based on your evaluation and analysis of any risks. It is your responsibility to ensure that the information you use (including software, images, jobs listings, auditions/casting calls and documents) are free of any violations of intellectual property rights.
Because we do not know how you are using information found on our web site, we do not make any express or implied warranties about the information contained in this web site for your particular use. Except as to segments of this web site specifically identified as authoritative guidance, we disclaim these warranties to the full extent provided by state and Federal law, including, but not limited to the warranties for merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. All indirect, consequential, implied, punitive and special damages are deemed waived if you use the information on this web site in any manner.
Disclaimer of Warranties
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Prize Talent. DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Prize Talent. BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Prize Talent. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES Prize Talent LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
Upon a request by Prize Talent., you agree to defend, indemnify, and hold harmless Prize Talent. and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. Prize Talent. reserves the right; at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Prize Talent. in asserting any available defenses.
International Use
Prize Talent. makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
Choice of Law and Forum
These Terms of Use shall be governed by and construed in accordance with the laws of the state of Nevada. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in Nevada, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Severability and Integration
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Prize Talent. with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Prize Talent. with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Termination
Prize Talent. reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.
Liability
By viewing and or using the PrizeTalent.com website you agree to hold PrizeTalent.com, FinalStepMarketing and all of its affiliates completely none liable of any damages, discomfort, or legal issues that may arise from you using the website.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND UNDERSTAND THAT USE OF THIS SITE SIGNIFIES MY AGREEMENT TO BE BOUND BY ALL OF ITS TERMS AS WELL AS THE TERMS OF THE Privacy Policy and Terms of Service.
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