TERMS OF SERVICE
These Terms of Service disclose the general terms for use of this talent guide web site (the “Site”). We have developed these Terms of Service to govern your use of the Site. AFTRA and the AFTRA Tri-State Local (hereinafter "AFTRA") provide this information and services to you subject to the following conditions. Please read them carefully. These Terms of Service are a binding contract between you and AFTRA regarding your use of this Site. If you use this Site, you agree to be bound by these Terms of Service.
A. YOUR USE OF THE SITE
1. Membership and Registration. Registration on the Site is limited to AFTRA members of the Tri-State Local in good standing. Should your membership status change, you will no longer be able to participate on the Site. Certain areas of the Site will require registration and may otherwise ask you to provide information to participate in certain features or access certain content. The decision to register as a member of the Site or to provide information to participate in the Site is purely optional, however if you elect not to register or to provide such information, you will not be able to access certain content or features or participate in various areas of the Site. When you register as a member of the Site or provide information to us in any other manner, you agree to provide only true, accurate, current and complete information. You agree that we may use the information you provide to us according to the Privacy Policy on the Site.
If you register as a member of the Site, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any associated rights therein. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the Site using your name in whole or in part.
As a member of the Site, you agree to use the Site as it was intended, and not to post pictures, images, recordings or documents that is not in accordance with the Site's intended use. If a member of the Site posts any pictures, images, recordings, or documents not in accordance with the Site's intended use, such a member will be subject to expulsion from the Site.
2. Prohibited Communications. When using the Site, you are prohibited from posting material that:
(a) contains offensive, vulgar, profane, false, abusive, libelous, hateful, defamatory or obscene language, images and pictures;
(b) contains fraudulent, deceptive, or misleading statements;
(c) violates a copyright or trademark, or any other intellectual property right of another;
(d) violates the privacy or publicity rights of any third party; or
(e) violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such violation.
This list is not exhaustive and we reserve the right to remove any content posted on the Site and/or terminate your access to the Site at any time, for any reason.
3. Public Nature of Site. The Site's bulletin boards, chat rooms, and other such interactive areas were created to provide Site members and other users with a forum to express their opinions and share their ideas and information. We use reasonable efforts to monitor the Site, but given the nature of the Site and the volume of messages and postings on the Site, we simply cannot and do not monitor all of the material posted or transmitted by users and third party information providers. However, while we have no obligation to review or remove any communications on the Site, we do reserve the right to delete, move, or edit any communications on the Site at any time, for any reason, in our sole discretion.
To protect your safety, we urge you to use your best judgment when using these forums. For example, we advise you not to divulge any personal information about yourself such as your phone number or address or any other information that can be used to identify or locate you.
4. Communications with Third Parties Through the Site . Your dealings or communications through the Site with any party other than us are solely between you and that third party. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
B. INTELLECTUAL PROPERTY
1. Copyright . All of the information, content, services and software displayed on, transmitted through, or used in connection with this Site, including for example directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by AFTRA and/or our licensors and suppliers. We actively protect our rights to the Content to the fullest extent of the law. You may not use such material except as provided in these Terms of Service. You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted. You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content for purposes other than casting and talent review without our written consent. All of the information posted by individual members of the Site on their respective sub-sites is the responsibility of that individual Site member. Requests to use the Content of this Site for any purpose other than as permitted in this section should be directed to the Executive Director, AFTRA Tri-State.
2. Copyright Complaints. AFTRA avails itself to the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. Upon notice that any communication on the Site may violate a copyright or otherwise constitute the infringement of any legal right shall be removed from the Site. Notices to AFTRA regarding any alleged copyright or other infringement on the Site should be directed to the Executive Director of the AFTRA Tri-State Local.
3. Trademarks. The Content includes logotypes, trademarks and service marks (collectively "Marks") owned by us and our affiliates, and Marks owned by other information providers and third parties. No Marks may be used in any manner unless approved in writing in advance by AFTRA.
4. Links to, and Frames of, the Site . If you operate a Web site and wish to link to this Site, you may link only to the home page of the Site and not to any other page or sub-domain of us. You may not frame or utilize framing techniques that involve any Marks, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of the Site or suggest any relationship between our Site and you without our express written consent. In addition, you agree not to de-compile, reverse engineer or disassemble any software or other products or processes accessible through the Site, not to insert any code or product or manipulate the content of the Site in any way that affects the user's experience, and not to use any data mining, robots, cancelbots, spiders, Trojan horse, or any data gathering or extraction method in connection with your use of the Site.
C. YOUR REPRESENTATIONS AND WARRANTIES.
You represent, warrant, and covenant that (a) no materials of any kind submitted by you and/or through your membership account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that, if you are providing information to the Site, you are at least thirteen (13) years old.
You hereby agree to indemnify, defend and hold harmless AFTRA, their officers, directors, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or as reasonably required in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
D. GENERAL DISCLAIMER AND LIMITATION OF LIABILITY.
While we use reasonable efforts to include accurate and up-to-date information on the Site, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. We do not represent or warrant that use of any Content, when authorized, will not infringe the rights of third parties. In addition, in some cases, Content available on the Site may be provided and/or hosted by third parties. We have not reviewed all of the sites linked to this Site and are not responsible for the content of any off-site pages or links to or from any other sites. While we encourage such third parties to abide by these Terms of Service, we have no responsibility for actions of third parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. ALL CONTENT AVAILABLE THROUGH THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER AFTRA NOR OUR AFFILIATED OR RELATED ORGANIZATIONS, NOR ANY OF OUR EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY, THE "SITE PROVIDERS” ), MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SITE, THE CONTENT, DOWNLOADS AVAILABLE AT THE SITE, OR ANY ADVERTISING MATERIAL DISPLAYED ON THE SITE, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF SUCH SERVICES OR SITES, INCLUDING BUT NOT LIMITED TO THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE FILES.
WE SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES REGARDING THE SITE OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF ANY INFORMATION, DOWNLOADS, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE.
IN NO EVENT SHALL THE SITE PROVIDERS BE LIABLE FOR: (I) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND/OR (II) ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.
Extraterritorial Use of Site. The Site is controlled, operated and administered by AFTRA from its offices within the United States . We make no representation that any of the Content or communications available through the Site are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States , you are responsible for compliance with all local laws.
E. MISCELLANEOUS
1. We reserve the right to change these Terms of Service at any time in our discretion and to notify users of any such changes solely by changing these Terms of Service. Your continued use of the Site after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Please note that your use of this Site prior to the time these Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use, if any.
2. We may modify, suspend, discontinue or restrict the use of any portion of the Site, including the availability of any portion of the Content at any time, without notice or liability, terminate any registration and/or deny access to any person or user at any time for any reason.
3. These Terms of Service will be governed by and construed in accordance with the laws of the State of Ohio .. You hereby agree that any cause of action you may have with respect to any issue that involves the use, operation or existence of the Site must be resolved through arbitration in Cincinnati , Ohio under the auspices of the American Arbitration Association.
4. If for any reason any provision of this Agreement, including but not limited to any of the warranties set forth above, is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of ours to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
Contact Information:
AFTRA Tri-State
700 W. Pete Rose Way
Suite #124
Cincinnati, OH 45023
(513) 579-8668
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