Terms and Conditions
Effective Date: July 12, 2015
Welcome to ActorsThrive. This Site and the Services are intended for use by individuals looking for employment and acting industry resources, for Employers seeking candidates for employment, and the promotion of employment and acting industry related services.
The Terms and Conditions set forth below (“Terms” or “Agreement”) govern Your (“You”) use of this website (“Site”), related websites, mobile websites, mobile applications, services, tools, and other interactive properties that link to these Terms (collectively, “Applications”). These Terms are an agreement between You and ActorsThrive and sets forth the legally binding terms for Your use of the ActorsThrive Applications. The ActorsThrive Applications also allow Users to create individual profiles (“Profile”), which may include personal information, and to make these Profiles, or aspects thereof, public. In addition, ActorsThrive may collect information about You from publicly-available websites and may use this information to create a Profile or append it to an existing Profile.
Protect Your personal information by never providing social security, credit card or bank account numbers to prospective Employers.
1. Acceptance of Terms and Conditions
You Accept These Terms
Each time you access and/or use the ActorsThrive Applications, you agree to be bound by these Terms and any additional terms or conditions presented to you for Services you select that will apply to you.
Legally Binding Agreement
YOUR USE OF ACTORSTHRIVE APPLICATIONS AND SERVICES SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
Users who violate these Terms may have their access and use of the ActorsThrive Applications suspended or terminated, at ActorsThrive’s discretion.
Services, Terms and Conditions Updates
ActorsThrive may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You. All such changes in the Terms shall be effective from the Effective Date. You are responsible for regularly reviewing these Terms. Your continued use of the ActorsThrive Applications and Services shall constitute Your consent to such changes. If You do not agree to these Terms, You must discontinue using the ActorsThrive Applications.
2. Use of ActorsThrive Content
ActorsThrive authorizes You, subject to these Terms, to access and use the ActorsThrive Applications and the ActorsThrive Content (as defined below) and to download and print a single copy of the content available on or from the ActorsThrive Applications solely for Your personal, non-commercial use. All ActorsThrive Content is the property of ActorsThrive or its licensors.
You agree not to sell or modify the ActorsThrive Content or reproduce, display, publicly perform, distribute, or otherwise use the ActorsThrive Content in any way for any public or commercial purpose, in connection with products or services that are not those of the ActorsThrive Applications, in any other manner that is likely to cause confusion among consumers, that disparages or discredits ActorsThrive or its licensors, that dilutes the strength of ActorsThrive’s or its licensor’s property, or that otherwise infringes ActorsThrive’s or its licensor’s intellectual property rights. You further agree to in no other way misuse ActorsThrive Content. The use of the ActorsThrive Content on any other application, web site or in a networked computer environment for any purpose is prohibited. Any code that ActorsThrive creates to generate or display any ActorsThrive Content or the pages making up any Application or Service is also protected and You may not copy or adapt such code.
YOU MAY NOT USE THE ACTORSTHRIVE CONTENT OR PROFILES TO DETERMINE A CONSUMER’S ELIGIBILITY FOR: (i) CREDIT OR INSURANCE FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES; (ii) EMPLOYMENT; OR (iii) A GOVERNMENT LICESNE OR BENEFIT.
3. Use of the ActorsThrive Services
The job posting, candidate search, and other features of the ActorsThrive Applications may be used only by individuals seeking employment, career or entertainment industry information, services and resources, and by Employers seeking employees.
USE OF THE ACTORSTHRIVE SERVICES DOES NOT GUARANTEE EMPLOYMENT OR FULLFILLMENT OF ANY JOB POSITION.
You May Use The Services:
- as a job seeker, actor or artist (“Candidate”);
- as an Employer or company offering employment. or an employee on behalf of a company or other legal entity such as a recruiter or employment agency (“Employer”);
- as an approved advertiser (“Advertiser”); or
- as an acting or artist service provider or industry resource (each, an “Industry Professional”)
Eligibility for Use of Services
To be eligible for Use of Services, You must meet the following criteria and You represent and warrant that You:
- are of the age of majority as defined in “Registration of Minors” below;
- are the actual Candidate, individual actor or artist joining and maintaining Your own profile;
- are not currently restricted from using the services or not otherwise prohibited from being a User;
- have full power and authority to enter into this agreement either on Your behalf or on behalf of Your Employer, Advertiser, or Industry Professional You represent, and doing so will not violate any other agreement to which You are a party or any applicable law;
- are not a competitor of ActorsThrive or are not using the ActorsThrive Applications for reasons that are in competition with ActorsThrive or the services;
- will respect and not violate of ActorsThrive’s intellectual property rights; and
- are solely responsible for any and all equipment, software, and Internet access necessary to use the ActorsThrive Applications and any associated costs.
Registration of Minors
You must be 13 years of age or older to visit or use any ActorsThrive Application in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, must use any ActorsThrive Application under the supervision of a parent, legal guardian, or other responsible adult.
Validation of Registration Information
You authorize ActorsThrive to make any inquiries, either directly or through third parties, that we consider necessary to validate Your Registration Information, as defined in Section 5. ActorsThrive reserves all rights to take legal action against anyone who provides inaccurate, false or incomplete personal information or is otherwise untruthful about their identity, and to suspend or cancel a Profile established using such information. Notwithstanding the foregoing, You acknowledge that ActorsThrive cannot guarantee the accuracy of any information submitted by any User of the ActorsThrive Applications, including any identity information about any User.
Security and Unauthorized Use
You are responsible for maintaining the confidentiality of Your account, Profile, username and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your ActorsThrive Application registrations and passwords, whether or not authorized by You. You agree to immediately notify ActorsThrive of any unauthorized use of Your account, Profile, or passwords. Your disclosure of Your password or account access information to any other person is entirely at Your own risk. ActorsThrive will not be liable for Your losses caused by any unauthorized termination and/or use of Your Profile.
Use of Services
You agree to abide by our rules of conduct prohibiting practices that ActorsThrive deems harmful and these Terms. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms, including without limitation, removing the violating Content or communication from the ActorsThrive Applications and terminating the Profile of such violators with or without notice. You agree that You will (i) use the Services in a professional manner; (ii) provide complete and accurate Registration Information to us and update it as necessary; and (iii) comply with the Terms and policies posted on the Applications or provided to You by ActorsThrive and applicable laws, including, without limitation, privacy laws, intellectual property laws, decency and obscenity laws, export control laws, tax laws, and regulatory requirements.
All comments, testimonials, feedback or materials submitted by You to us, including feedback, testimonials, images, reviews, questions, comments, suggestions or ideas (collectively, “Feedback”), shall be received and treated by us on a non-confidential and unrestricted basis. ActorsThrive will be free to use, display, perform, distribute, copy, adapt, and promote, in any medium now known or later developed, without compensation to You, the Feedback along with all ideas, concepts, know-how, techniques or methodologies contained in such Feedback, for any purpose whatsoever, including without limitation, developing, marketing and selling products and services incorporating such Feedback. You agree that in submitting Feedback, it will not violate any right of any third party, including any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity. You further agree that no Feedback You submit will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain viruses, commercial solicitations, or any form of “spam”.
Limitations on Access
ActorsThrive will allow You access to the ActorsThrive Applications as they may exist and be available on any given day, and we have no other obligations, except as expressly stated in this Agreement. We have the right at any time for any reason or no reason to interrupt availability of some or all aspects of the ActorsThrive Applications, suspend or terminate Your Profile, Job Posts and Advertisement, terminate this Agreement, and/or modify, replace, refuse access to, suspend or discontinue any and all current or future access to and use of the ActorsThrive Applications or the Services in whole or in part, or change or modify our fees for all or part of the Paid Services or Subscription Services in our sole discretion, without notice or liability to You. Any such change shall be effective upon posting on the Applications or by direct communication to You unless otherwise noted.
All ActorsThrive Users agree to not:
- take any action that imposes an unreasonable or disproportionately large load on any ActorsThrive Application’s infrastructure or interfere with the access and use of the Application and/or the Services by any other user;
- intentionally expose the ActorsThrive Applications to any computer virus or any other program or code intended to disrupt or disable to operations;
- use any device to navigate or search any ActorsThrive Applications other than the tools available on the Site or Application, generally available third party web browsers, or other tools approved by ActorsThrive;
- use any data mining, robots or similar data gathering or extraction methods or index any portion of the ActorsThrive Applications;
- harvest or otherwise collect information about other users for any purpose other than use of the ActorsThrive Applications as expressly permitted herein;
- violate or attempt to violate the security of any ActorsThrive Application including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
- modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for any parts of any ActorsThrive Applications;
- aggregate, copy or duplicate in any manner any of the ActorsThrive Content or information available from any ActorsThrive Application, including expired job postings, other than as permitted by these Terms;
- frame or link to any ActorsThrive Content or information available from any ActorsThrive Application, unless permitted by these Terms;
- post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media;
- post any content or material that is abusive, defamatory, discriminatory, hateful, obscene, vulgar, sexually-orientated, threatening, or otherwise objectionable;
- use the ActorsThrive Applications for any purpose other than to identify employment opportunities and find and rate industry resources, comment on blog, or to identify prospective employees for Users’ employment opportunities;
- post any resume or Profile or apply for any job on behalf of another party;
- defer any contact from an Employer to any agent, agency, or other third party;
- set more than one copy of the same resume to public at any one time;
- share with a third party any login credentials to any ActorsThrive Application;
- access data not intended for You, including logging into an account with a password not assigned to You, access personally identifiable information not intended for You, impersonate any other User, or logging into a server or account which You are not authorized to access;
- post or submit to any ActorsThrive Application any incomplete, false, inaccurate or misleading information about Your identity, employment information, biographical information, or information which is not Your own;
- post content that contains restricted or password-only access pages, or hidden pages or images;
- solicit passwords or personally identifiable information from other Users;
- delete or alter any material posted by any other person or entity;
- harass, incite harassment or advocate harassment of any group, company, or individual, or otherwise subject any other User to unwanted and/or inappropriate contact;
- send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;
- attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any ActorsThrive Application, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;
- promote or endorse an illegal or unauthorized copy of another person’s copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or
- use the ActorsThrive Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by ActorsThrive’s discretion.
Violations of system or network security may result in civil and/or criminal liability. ActorsThrive will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
Preventing and Reporting Abuse
You agree that ActorsThrive may take whatever steps it deems necessary to abridge, or prevent behavior of any kind on the ActorsThrive Applications that violates this Agreement in ActorsThrive’ sole discretion, without notice to You. ActorsThrive has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any User who publishes or distributes child pornography. You can report any violations of the User Code of Conduct or other abuse on the ActorsThrive Applications by contacting us.
4. Additional Terms Applicable to Employers
Employers are solely responsible for their postings on ActorsThrive Applications. ActorsThrive is not to be considered to be an Employer with respect to Your use of any ActorsThrive Application and ActorsThrive shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any ActorsThrive Application.
In order to protect our ActorsThrive Users from commercial advertising or solicitation, ActorsThrive reserves the right to restrict the number of emails which an Employer may send to Users to a number which ActorsThrive deems appropriate in its sole discretion. You shall use the ActorsThrive Services and Profiles in accordance with all applicable privacy and data protection laws.
A Job Posting may not contain:
- any hyperlinks, other than those specifically authorized by ActorsThrive;
- misleading, unreadable, or “hidden” keywords, repeated keywords or keywords that are irrelevant to the job opportunity or advertised services being presented, as determined in ActorsThrive’s reasonable discretion;
- the names, logos or trademarks of unaffiliated companies other than those of Your customer save where expressly agreed by ActorsThrive;
- the names of colleges, cities, states, towns or countries that are unrelated to the posting;
- more than one job or job description, more than one location, or more than one job category, unless the product so allows;
- inaccurate, false, or misleading information; and
- material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
You may not use Your ActorsThrive job posting, or Profiles to:
- post jobs in a manner that does not comply with applicable local and national laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
- post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
- with respect to Profiles, determine a consumer’s eligibility for: (i) credit or insurance for person, family, or household purposes; (ii) employment; or (iii) a government license of benefit.
- post jobs or other advertisements for competitors of ActorsThrive or post jobs or other content that contains links to any site competitive with ActorsThrive;
- sell, promote or advertise products or services;
- post any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
- post any business opportunity that requires an up-front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
- post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
- promote any opportunity that does not represent bona fide employment which is generally indicated by the Employer’s use of IRS forms W-2 or 1099;
- advertise sexual services or seek employees for jobs of a sexual nature;
- request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
- endorse a particular political party, political agenda, political position or issue; and
- except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.
ActorsThrive reserves the right to remove any job posting or content from any ActorsThrive Applications, which in the reasonable exercise of ActorsThrive’s discretion, does not comply with the above Terms, or if any content is posted that ActorsThrive believes is not in the best interest of ActorsThrive.
Deactivation, Deletion and Termination
If at any time during Your use of the ActorsThrive Services, You made a misrepresentation of fact to ActorsThrive or otherwise misled ActorsThrive in regards to the nature of Your business activities, ActorsThrive will have grounds to terminate Your use of the ActorsThrive Services.
You understand and acknowledge that if You cancel, deactivate or delete Your Employer account or Your Employer account is terminated, all Your account information from ActorsThrive, including saved resumes, bookmarked candidates, job postings, and job packages will be marked as deleted and may be deleted from ActorsThrive’s databases. Information may continue to be available for some period of time because of delays in propagating such deletion through ActorsThrive’s web servers.
The termination of your Employer account, Profile or Job Posts by ActorsThrive, or deactivation for any period, or deletion by You, will be subject to the Terms as defined in Section 8.
Use of the ActorsThrive Candidate Search by Employers
You shall use the ActorsThrive Candidate Search as provided in these Terms and in any contract You have with ActorsThrive. You shall use the ActorsThrive Candidate Search in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from ActorsThrive Candidate Search and resume database to any third party, unless You are an authorized recruitment agency, staffing agency, or using the resume explicitly for employment purposes.
You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from ActorsThrive Candidate Search from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share Your Candidate Search login credentials with any other party.
The ActorsThrive Candidate Search shall not be used:
- for any purpose other than as an Employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;
- to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed You that they do not want to be contacted); or
- to source candidates or to contact job seekers or resume holders in regards to career fairs and business opportunities prohibited by Section 4.
In order to ensure a safe and effective experience for all of our customers, ActorsThrive limits access to the Candidate Search strictly to Employers and Advertisers that offer employment opportunities.
5. Additional Terms Applicable to Job Seekers
When You register with any ActorsThrive Application, You will be asked to create an account and provide ActorsThrive with certain information including, without limitation, Your name, a valid email address, images, video, city, education and employment history, website and social media links (“Registration Information” or “User Content”).
Any Profile You submit must be accurate and describe You, an individual person. The Profile requires standard fields to be completed and You may not include in any non-contact designated fields any telephone numbers, street addresses, email addresses or other means of contacting You, other than Your name and URLs. By using the ActorsThrive Applications, You represent and warrant that all Information You submit is truthful, accurate, current and complete and You will maintain the accuracy of such Information by updating and revising it promptly.
The ActorsThrive Applications provide the functionality to link a resume, CV, or other employment related attachments (“Attachments”) with the ability to be downloaded by Employers. You agree that information, including, without limitation, telephone numbers, email addresses, mailing or physical addresses, contained in Attachments are provided by You and at Your own risk.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the ActorsThrive Applications.
Account Deletion and Termination
You understand and acknowledge that You have no ownership rights in Your account and that if You delete Your ActorsThrive account or Your ActorsThrive account is terminated, all Your account information from ActorsThrive, including resumes, Profiles, saved jobs, bookmarked jobs, job alerts will be marked as deleted in and may be deleted from ActorsThrive’s databases and will be removed from any public area of the ActorsThrive Applications. Information may continue to be available for some period of time because of delays in propagating such deletion through ActorsThrive’s web servers. In addition, third parties may retain saved copies of Your Information.
ActorsThrive reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.
6. Additional Terms Applicable to Advertisers
Advertisers are solely responsible for their advertising (“Advertisements”) on ActorsThrive Applications.
You understand and acknowledge that if You cancel Your Advertiser account or Your Advertiser account is terminated, all Your account information from ActorsThrive, including tracking data, advertisements, will be marked as deleted and may be deleted from ActorsThrive’s databases. Information may continue to be available for some period of time because of delays in propagating such deletion through ActorsThrive’s web servers. ActorsThrive will not be liable for any unused portion of an advertising term or refunds.
In order to protect our ActorsThrive Users from commercial advertising or solicitation, ActorsThrive does not permit advertising emails or solicitation from our Advertisers to ActorsThrive Users. The ActorsThrive Advertising is limited to site banner advertising.
ActorsThrive offers regional advertising based on the user’s IP-based Geolocation, which is dependent on their Internet Service Provider’s network location. Users may also login from any location, which may not be linked to their own IP address. Based on these factors outside of our control, we cannot guarantee accuracy of our regional users’ locations.
ACTORSTHRIVE MAKES NO GUARANTEES TOWARD ADVERTISING RESULTS WHICH MAY VARY BY CAMPAIGN, AUDIENCE, MESSAGE, BRAND POWER, AND PRODUCT OR SERVICE.
You may not use ActorsThrive Advertisements, or Profiles to:
- advertise in a manner that does not comply with applicable local and national laws, data privacy, data access and use, and intellectual property;
- with respect to Profiles, determine a consumer’s eligibility for: (i) credit or insurance for person, family, or household purposes; (ii) employment; or (iii) a government license of benefit;
- advertise any non-employment or non-entertainment industry related opportunities, services, products, or resources;
- place Advertisements for competitors of ActorsThrive or other content that contains links to any site competitive with ActorsThrive;
- send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;
- place Advertisements on any ActorsThrive Application that contains false, inaccurate or misleading information about Your services or products, or information or artwork which is not Your own;
- advertise any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
- advertise sexual services, or contains any content of a sexual or vulgar nature;
- advertise services for the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy; and
- endorse a particular political party, political agenda, political position or issue.
Access to the Candidate Search binds you to the Terms as outlined in Section 4.
ActorsThrive reserves the right to remove any Advertisement or content from any ActorsThrive Applications, which in the reasonable exercise of ActorsThrive’s discretion, does not comply with the above Terms, or if any content is posted that ActorsThrive believes is not in the best interest of ActorsThrive.
Deactivation, Deletion and Termination
If at any time during Your use of the ActorsThrive Services, You made a misrepresentation of fact to ActorsThrive or otherwise misled ActorsThrive in regards to the nature of Your business activities, ActorsThrive will have grounds to terminate Your use of the ActorsThrive Services.
You may cancel, deactivate or delete Your Advertiser account, Profile or Advertisements by contacting us with Your request. ActorsThrive only accepts cancellation, deactivation or deletion requests of Your Profile by the direct User, and requests for removal of your Advertisements by the original purchaser or authorized employees or representatives of Your Company.
You understand and acknowledge that if You cancel, deactivate or delete Your Advertiser account or Your Advertiser account is terminated, all Your account information from ActorsThrive, including tracking, advertisements will be marked as deleted and may be deleted from ActorsThrive’s databases. Information may continue to be available for some period of time because of delays in propagating such deletion through ActorsThrive’s web servers.
The termination of your Advertiser account, Profile or Job Posts by ActorsThrive, or deactivation for any period, or deletion as requested by You, will be subject to the Terms as defined in Section 8.
7. User Content and Submissions
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through a ActorsThrive Application (“User Content” or “Registration Information”) is the sole responsibility of the person from which such User Content originated. ActorsThrive claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content You submit, post or display on or through ActorsThrive and You are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through ActorsThrive, You grant ActorsThrive a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Content through ActorsThrive. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, You grant ActorsThrive a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting ActorsThrive and its services. ActorsThrive will discontinue this licensed use within a commercially reasonable period after such User Content is removed from ActorsThrive. ActorsThrive reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
You also represent and warrant that You have the right to grant, or that the holder of any rights, including moral rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If You post User Content in any public area of any ActorsThrive Application, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any ActorsThrive Application retains any and all rights that may exist in such User Content. ActorsThrive may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any ActorsThrive Application. ActorsThrive reserves the right to expel Users and prevent their further access to the ActorsThrive Applications and/or use of ActorsThrive Services for violating the Terms or applicable laws, rules or regulations. ActorsThrive may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for ActorsThrive, damage ActorsThrive’s brand or public image, or cause ActorsThrive to lose Users or (in whole or in part) the services of its ISPs or other suppliers.
ActorsThrive does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does ActorsThrive endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.
The following is a partial list of User Content that is prohibited on the Application. The list below is for illustration only and is not a complete list of all prohibited User Content.
- is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
- harasses, incites harassment or advocates harassment of any group or individual;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, “spamming” or “phishing”;
- promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
- contains restricted or password only access pages, or hidden pages or images;
- displays or links to pornographic, indecent or sexually explicit material of any kind;
- provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
- provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating any media; and
- solicits passwords or personal identifying information from other Users.
Any Profile You submit must describe You, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You.
You may not include, in any User Content submitted to ActorsThrive Applications, information that may be interpreted as a direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis. In order to protect our ActorsThrive Community Users from commercial advertising or solicitation, ActorsThrive reserves the right to restrict the number of emails or other messages which a User may send to other Users to a number which ActorsThrive deems appropriate in its sole discretion.
Profiles derived from User Content may also be made available through the ActorsThrive Applications. ActorsThrive does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by Employers. Derived Profiles may differ significantly from User Content.
We appreciate hearing from our Users and welcome Your comments regarding our services and the ActorsThrive Applications. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value Your feedback on our services, please be specific in Your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission”), the Submission shall be the property of ActorsThrive. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. ActorsThrive shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.
8. Fees and Billing Information
ActorsThrive is free to all Candidates, actors and artists, seeking employment, unless advertising Industry Related or Employment Services.
You acknowledge that we reserve the right to charge Companies for use and/or access to some or all aspects of the Services, which must be paid for in advance. If You purchase any Services that we offer for a fee, either on a one-time (“Paid Services”) or recurring billing subscription basis (“Subscription Services”), You agree that ActorsThrive utilizes a third party payment system through PayPal, and that ActorsThrive does not directly store Your payment card information. ActorsThrive does maintain Your billing address information for convenience in the purchase of additional or future Services. You agree to pay ActorsThrive all Subscription Fees and other charges at the prices then in effect for Your use of the Subscription Service using Your Billing Information, including any applicable taxes, and You authorize ActorsThrive to charge Your chosen payment provider (Your “Payment Method”) in advance for the Paid Services and Subscription Services, for the Subscription Term You select. You agree to make payment through PayPal and You agree to be bound by the PayPal User Agreement available at: https://www.paypal.com/us/webapps/mpp/ua/useragreement-full as it may be updated from time to time.
All fees/prices are in US Dollars, unless otherwise indicated, and do not include Internet service provider, telephone, and other connection charges. Depending upon Your credit card’s currency and the country in which Your card was issued, Your credit card provider may impose foreign exchange fees and other fees, which are in accordance with Your arrangements with that credit card provider.
Interruption of Services
You agree that ActorsThrive will not be liable for any interruption of Services, delay or failure to perform, and You understand that except as may be otherwise specifically provided for in this Agreement, You shall not be entitled to any refunds of fees for interruption of service or failure to perform.
Cancellation, Deactivation and Termination
You can cancel or deactivate Your job posting or advertisement at any time. In the event of termination due to breach of these Terms, or cancellation or deactivation for any period of time by You, all fees collected by ActorsThrive are deemed fully earned and are non-refundable.
ALL CHARGES AND FEES PAID ARE NON-REFUNDABLE REGARDLESS OF THE AMOUNT OF TIME LEFT ON THE TERM.
9. Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright or Trademark Infringement
If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to any ActorsThrive Application and is accessible on such ActorsThrive Application in a way that constitutes copyright or trademark infringement, please contact ActorsThrive by Email.
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10. Policy Regarding Termination of Users Who Infringe the Copyright or Other Intellectual Property Rights of Others.
ActorsThrive respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to Your use of the ActorsThrive Applications, You agree not to use any ActorsThrive Application to infringe the intellectual property rights of others in any way. ActorsThrive reserves the right to terminate the accounts of any Users, and block access to the ActorsThrive Applications of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. ActorsThrive reserves the right, in its sole discretion, to take these actions to limit access to the Application and/or terminate the accounts of any time, in our sole discretion Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact ActorsThrive as set forth in Section 9.
11. ActorsThrive’s Liability
The ActorsThrive Applications act as, among other things, venues for (i) Employers to post job opportunities and search for and evaluate job candidates (ii) candidates to post resumes and Profiles and search for and evaluate job opportunities and (iii) actors to find industry related services and resources. ActorsThrive is not involved in, and does not control, the actual transaction between Employers and candidates or industry services and actors or artists. As a result, ActorsThrive is not responsible for User Content, the quality, safety or legality of the jobs, resumes , or industry related services posted, the truth or accuracy of the listings, the ability of Employers to offer job opportunities to candidates, the ability for industry related services to provide services to actors, or the ability of candidates to fill job openings and ActorsThrive makes no representations about any jobs, resumes or User Content on the ActorsThrive Applications. While ActorsThrive reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the ActorsThrive Applications from time to time, ActorsThrive does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
ActorsThrive is not involved in the actual communications between Users. As a result, ActorsThrive has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the ActorsThrive Applications and makes no representations about any Profile or User Content on the ActorsThrive Applications.
Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through the ActorsThrive Applications. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the ActorsThrive Applications.
Because User authentication on the Internet is difficult, ActorsThrive cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any ActorsThrive Application, in the event that You have a dispute with one or more Users, You release ActorsThrive (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
The ActorsThrive Applications and the ActorsThrive Content may contain inaccuracies or typographical errors. ActorsThrive makes no representations about the accuracy, reliability, completeness, or timeliness of any ActorsThrive Application or the ActorsThrive Content. The use of all ActorsThrive Applications and the ActorsThrive Content is at Your own risk. Changes are periodically made to ActorsThrive Applications and may be made at any time. ActorsThrive cannot guarantee and does not promise any specific results from use of any ActorsThrive Application. No advice or information, whether oral or written, obtained by a User from ActorsThrive or through or from any ActorsThrive Application shall create any warranty not expressly stated herein.
You understand that when using the ActorsThrive Applications, You will be exposed to Content from a variety of sources, and that ActorsThrive is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, objectionable, or that contains errors or omissions, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against ActorsThrive with respect thereto. ActorsThrive makes not representation whatsoever regarding the accuracy of any Content at any time.
If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
ActorsThrive encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall ActorsThrive be liable for the deletion, loss, or unauthorized modification of any User Content.
ActorsThrive does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any ActorsThrive Application, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
If You believe that something on the Site or Application violates these Terms please contact our designated agent set forth in Section 9 above.
If notified of any content or other materials which allegedly do not conform to these Terms, ActorsThrive may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. ActorsThrive has no liability or responsibility to Users for performance or nonperformance of such activities.
12. Disclaimer of Warranty
The Site is provided “As Is”
ActorsThrive provides the ActorsThrive Applications and Services strictly on an “AS IS” and “AS AVAILABLE” basis, provided at Your own risk, and, to the fullest extent permissible under applicable law, ACTORSTHRIVE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the foregoing, ActorsThrive makes no warranty as to the quality, accuracy, completeness and validity of any information or content You access or receive in connection with the ActorsThrive Applications or Services, or that Your use of the ActorsThrive Applications will meet Your requirements. Do not rely on the ActorsThrive Applications, any information therein, or its continuation. If You are dissatisfied or harmed by the Applications or anything related to the ActorsThrive Applications, You may close Your account and such termination, that effects of termination as outlined in Sections 4, 5, 6 and 8 shall apply, and shall be Your sole and exclusive remedy.
ActorsThrive is not responsible, and makes no representations or warranties for the delivery of any messages sent through the ActorsThrive Applications to anyone. In addition, we neither warrant nor represent that Your use of the ActorsThrive Applications will not infringe the rights of third parties. Any material, service, or technology described or used on the ActorsThrive Applications may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us.
ActorsThrive does not have any obligation to verify the identity of the persons accessing the ActorsThrive Applications or subscribing to the Services, nor does it have any obligation to monitor the use of its Services by other Users; therefore, ActorsThrive disclaims all liability for identity theft or any other access to or misuse of Your identity or information.
ActorsThrive takes every precaution to protect User contact information and email addresses from solicitation. ActorsThrive is not liable or responsible for any data mining, robots or similar data gathering or extraction method utilized against our will, or unsolicited mail or email, unsolicited phone calls or unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You.
TO THE FULLEST EXTENT POSSIBLE BY LAW, ACTORSTHRIVE DOES NOT WARRANT THAT ANY ACTORSTHRIVE APPLICATION, ACTORSTHRIVE SITE OR ANY ACTORSTHRIVE SERVICES WILL OPERATE ERROR-FREE OR THAT ANY ACTORSTHRIVE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY ACTORSTHRIVE APPLICATION OR THE ACTORSTHRIVE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, ACTORSTHRIVE IS NOT RESPONSIBLE FOR THOSE COSTS. THE ACTORSTHRIVE SITES AND ACTORSTHRIVE CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACTORSTHRIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. ACTORSTHRIVE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE ACTORSTHRIVE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
13. Disclaimer of Consequential Damages
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL ACTORSTHRIVE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY ACTORSTHRIVE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY ACTORSTHRIVE SITE AND THE ACTORSTHRIVE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ACTORSTHRIVE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Limitation of Liability
TO THE FULLEST EXTENT POSSIBLE BY LAW, ACTORSTHRIVE’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY ACTORSTHRIVE SITE OR YOUR USE OF THE ACTORSTHRIVE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
15. Resolution of Disputes
These Terms shall be governed by and construed in accordance with the laws of the State of California without application of conflict of laws rules unless the provisions of Resolution by Arbitration apply.
Notice of Claims
In the event a dispute arises between You and ActorsThrive, we want to provide You with an efficient, neutral and cost-effective means of resolving the dispute. You agree to give ActorsThrive no less than 60 days’ notice of Your intention to file any Claim as set forth below, in order that You and ActorsThrive may attempt to settle such Claim outside of formal court or arbitration proceedings. If, however, there is an issue that needs to be resolved, these Terms describe how both of us will proceed.
Limitation of Legal Remedies
YOU AND ACTORSTHRIVE AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, CONNECTED WITH OR RELATING TO THESE TERMS, ANY CONTRACT, TORT, STATUTUE, THE RELATIONSHIP AMONG THE PARTIES, OR USERS OR OTHERWISE RELATING TO THE ACTORSTHRIVE APPLICATIONS OR SERVICES (“CLAIMS”) WHICH CANNOT BE SETTLED BY MUTUAL AGREEMENT OF THE PARTIES, SHALL BE RESOLVED BY ONE ARBITRATOR THROUGH BINDING ARBITRATION. This Agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to claims arising out of or relating to any aspect of the relationship between You and ActorsThrive, including but not limited to any claims related to Your use the ActorsThrive Applications or Services, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. However, just as a court would, the arbitrator must honor the terms and limitations in these Terms and can award damages and relief, including any attorneys’ fees authorized by law. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction. YOU AGREE THAT, BY AGREEING TO THESE TERMS, YOU AND ACTORSTHRIVE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.
Resolution by Arbitration Procedures
A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought.
All notices to users of the ActorsThrive Applications will be sent to the email or street address provided in the User’s account, or if there is no account information we have on the User. Upon receipt of such Notice, the other party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the Notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such sixty-day cure period, You or ActorsThrive may commence an arbitration proceeding.
Unless otherwise agreed to by You and ActorsThrive in writing, the arbitration will be governed and conducted by an established dispute resolution (“ADR”) provider, chosen by ActorsThrive, who is licensed to practice law. The arbitration proceeding will be located in Los Angeles County, California. Each party shall pay the fees and costs of its own counsel, experts and witnesses at the election of ActorsThrive. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in Federal District Court for the District or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this Agreement including any claim that all or any part of these Terms are void or voidable.
Binding Arbitration of All Disputes; No Class Relief
Any disputes under these Terms will be resolved on an individual basis through binding arbitration, with no class relief.
Choice of Law
This Agreement concerns a transaction in interstate commerce, and therefore shall be governed by the United States Federal Arbitration Act, 9 U.S.C. Â§ 1 et seq. The FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
Any claim or action for (i) indemnification, (ii) any violation of ActorsThrive intellectual property rights, (iii) contribution, (iv) interpleader, or (v) injunctive relief arising out of a Claim shall not be subject to arbitration.
This arbitration provision shall survive termination of this Agreement and the closing of Your account or other relationship with ActorsThrive.
If any provision of this Resolution of Disputes provision is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable except that if for some reason this provision on class action waiver for any Claim cannot be enforced, then this provision to arbitrate will not apply.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any dispute or Claim must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16. Links to Other Sites
The ActorsThrive Applications contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by ActorsThrive of the contents on such third-party Web sites. ActorsThrive is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at Your own risk.
17. No Resale or Unauthorized Commercial Use
You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any ActorsThrive Application.
You agree to defend, indemnify, and hold harmless ActorsThrive, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any ActorsThrive Application, (ii) Your use of any ActorsThrive Content, or (iii) Your breach of these Terms. ActorsThrive shall provide notice to You promptly of any such claim, suit, or proceeding.
ActorsThrive makes no claims or representations that the ActorsThrive Content may be lawfully viewed or accessed outside of the United States. Access to the ActorsThrive Content may not be legal by certain persons or in certain countries. If You access any ActorsThrive Application You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. Any software downloaded from any ActorsThrive Application is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.
These Terms are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Los Angeles County, California. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, ActorsThrive’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect ActorsThrive’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the ActorsThrive Applications, a particular “Legal Notice,” or software license or material on particular pages on the ActorsThrive Applications, these Terms constitute the entire agreement between You and ActorsThrive with respect to the use of the ActorsThrive Applications. No changes to these Terms shall be made except by a revised posting on this page.
Headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms.
Third Party Beneficiaries
This Agreement does not create third party beneficiary rights enforceable by third parties.
20. Additional Terms
21. Mobile Services
If You use the ActorsThrive Applications through a mobile device, You agree that information about Your use of the ActorsThrive Applications through Your mobile device and carrier may be communicated to us, including but not limited to Your mobile carrier, Your mobile device, or Your physical location. In addition, use of the ActorsThrive Applications through a mobile device may cause data to be displayed on and through Your mobile device. By accessing the ActorsThrive Applications using a mobile device, You represent that to the extent You import any of Your ActorsThrive data to Your mobile device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your ActorsThrive account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge You are responsible for all charges and necessary permissions related to accessing the ActorsThrive Applications through Your mobile access provider. Therefore, You should check with Your provider to find out if the ActorsThrive Applications are available and the terms for these services for Your specific mobile devices.
By using any downloadable application to enable Your use of the ActorsThrive Applications, You are explicitly confirming Your acceptance of the terms of the End User License Agreement associated with the Application provided at download or installation, or as may be updated from time to time.
22. Term and Termination
These Terms will remain in full force and effect while You are a User of any ActorsThrive Application. ActorsThrive reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the ActorsThrive Applications and immediate termination of Your registration with or ability to access the ActorsThrive Applications and/or any other services provided to You by ActorsThrive, upon any breach by You of these Terms or if ActorsThrive is unable to verify or authenticate any information You submit to a ActorsThrive Application registration. Even after You are no longer a User of the ActorsThrive Applications, certain provisions of these Terms will remain in effect, including Sections 2, 3, 7, 8, 10 through 20, inclusive.
23. Entire Agreement
These Terms, and the policies incorporated herein, are the entire agreement between You and ActorsThrive. They supersede any and all prior or contemporaneous agreements between You and ActorsThrive relating to Your use of the ActorsThrive Applications.