Greater Palm Springs Film Alliance & Film Office – Submission Terms of Service Agreement
Welcome to The Greater Palm Springs Film Alliance & Film Office talent division, herein referred to as the (“ALLIANCE”). THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH ALLIANCE OFFERS YOU ACCESS TO ITS SERVICES. You must be at least 18 years old to become an ALLIANCE member and/or use any ALLIANCE services; including submissions to castings. In addition, before you can submit to an ALLIANCE casting and/or use the ALLIANCE Web site if you are under the age of 18, inclusive, you must obtain permission from your parent or guardian.
If you want to submit an ALLIANCE casting, please review this Terms of Service Agreement. By submitting an ALLIANCE casting, clicking on the “I Agree” button and/or otherwise using the ALLIANCE Web site you agree to the terms, conditions, notices and guidelines contained in this Terms of Service Agreement and, where applicable, you represent that you have obtained permission from your parent or guardian.
Please be advised that we may amend this Agreement at any time by posting the amended terms on our site. The amended terms shall be automatically effective immediately after they are initially posted on our site. This Agreement may not otherwise be amended except in a writing signed by both parties. This Agreement was last revised on April 1, 2017
DESCRIPTION OF SERVICE
ALLIANCE provides a variety of free and paying online services including but not limited to professional directories and online portfolios accessible through various URL’s including but not limited to https://filmpalmsprings.com and its affiliate sites (“FILMPALMSPRINGS Web Site”,”this Web Site”,”ALLIANCE resources”,”services”). These services are usable by all registered users and may be viewed by non-registered users. Submissions are intended to be viewed by Casting agents, producers or modeling agency scouts using the ALLIANCE Agency Services (hereinafter “Clients”). In addition, user submissions are relayed to ALLIANCE Clients via email for the sole purpose of securing talent for their production of film, television, digital photography, theater or other public performance or display upon mutual agreement between Client and user (talent).
ALLIANCE is not a Talent Agency. ALLIANCE does not represent you or its members as an agent, manager or otherwise. Your ALLIANCE submission and/or portfolio may be seen by Clients who use ALLIANCE’s services. Clients use ALLIANCE’s services may be charged a fee related to their use of the ALLIANCE service but ALLIANCE members are not charged any commission or fee related to their employment received from Clients through ALLIANCE. ALLIANCE does not offer services directly related to any member’s future employment, and ALLIANCE does not take any commissions or other fees from its members in connection with any employment a member might obtain. At no time should a Client request fees from talent for future employment.
In order to use ALLIANCE’s resources, you must obtain access to the world wide web, pay any service fees associated with such access, such as internet access fees, and supply all equipment necessary to make a connection with the World Wide Web.
By using any of ALLIANCE’s services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the service’s submission form. ALLIANCE has the right to reject your submission if you violate the above or ALLIANCE has reason to believe that you have violated the above.
ALLIANCE does not permit children under the age of 18 to submit, post any content or make use of online portfolios or any other members services without their parents permission. In addition, before you can submit and/or use the ALLIANCE Web site if you are under the age of 18, inclusive, you must obtain permission from your parent or guardian.
It is ALLIANCE’s policy to respect the privacy of its submitters. ALLIANCE will not monitor, edit, or disclose any personal information about you or your ALLIANCE submission, including its contents, to any entity other than to whom it was intended; casting agents, directors, producers, without your prior permission unless ALLIANCE has a good faith belief that such action is necessary to 1) conform to legal requirements or comply with legal process; 2) protect and defend the rights of ALLIANCE; 3) enforce the TOS; or 4) act to protect the interest of its members or others. ALLIANCE does provide certain user information in aggregate form to third parties, including its advertisers, for demographics.
However, you agree that ALLIANCE may access your account, including its contents, as stated above or to respond to service or technical issues.
You understand and are aware that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (hereinafter “content”), whether publicly posted or privately transmitted are the sole responsibility of the person from which such content originated. This means that you, and not ALLIANCE, are entirely responsible for all content that you upload, post, or otherwise transmit via any of ALLIANCE’s services. ALLIANCE does not control the content posted on its services and therefore does not guarantee its accuracy, integrity or quality. You understand that by using the Service, you may be exposed to content that is offensive, indecent or objectionable. The opinions and views expressed by ALLIANCE’s members or visitors do not necessarily represent those of ALLIANCE.
ALLIANCE reserves the right to modify or remove anything submitted to its service and to cancel any submission, at any time, for any reason and without prior notice. In addition, ALLIANCE, in its sole discretion, may terminate your submission or block your access to certain member features including but not limited to the member forums, for violation of the letter or spirit of the TOS and/or for violation of the forum rules posted in the member forums.
You agree to notify ALLIANCE immediately of any unauthorized use of your account or any other breach of security.
The following is a non-exclusive list of actions and content that are prohibited on ALLIANCE’s site:
(a) Any use of copyrighted, trademarked, patented, or otherwise service marked material without the express permission of the author or owner, the commission of any acts of copyright , trademark or any other intellectual property infringement, or contributing to, inducing, or facilitating such infringement. This prohibition includes all forms of software piracy;
(b) uploading, posting or otherwise transmitting any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable. This also includes content that promotes illegal activity in any way. ALLIANCE reserves the right to report violations of this provision to, and will cooperate with, law enforcement authorities;
(c) the harming of minors in any way;
(d) the manipulation of identifiers in any way in order to disguise the origin of any content transmitted through ALLIANCE’s services or develop restricted or password-only access pages, or hidden pages or images;
(e) the uploading, posting or transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
(f) intentionally or unintentionally violating any applicable local, state, national or international law;
(g) the collection or storage of personal data about other users;
(h) impersonating any person or entity, including but not limited to, an ALLIANCE official, forum leader, guide or host, or misrepresentation of your affiliation with a person or entity;
(i) uploading, posting or otherwise transmitting any content that you do not have the right to transmit under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(j) uploading, posting or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “SPAM”, “chain letters”, pyramid schemes”, or any other form of solicitation;
(k) disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other users of the service are able to type, or otherwise acting in a manner that negatively affects other users’ ability to engage in real time exchanges;
(l) using your ALLIANCE account, directory, or any other area of ALLIANCE under your control as storage for remote loading or as a door or signpost to another home page, whether inside or beyond ALLIANCE and its affiliates;
(m) having multiple ALLIANCE profiles or submissions with different names or innacurate or inconsistent information; posting any incomplete, false or inaccurate submission information or information which is not your own accurate portfolio (living individual seeking acting or modeling employment on a full-time or part-time basis on his or her own behalf).
(n) the selling or placement of advertising on an ALLIANCE page or profile page to anyone or any commercial third party;
(o) using the ALLIANCE forums, email or any other means, except if explicitly authorized in writing by ALLIANCE, to contact ALLIANCE members for talent placement services, model scouting or booking or any other form of recruitment, agent services or job placement offer; offering any franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents;
(p) taking any action which imposes an unreasonable or disproportionately large load on the ALLIANCE Web Site’s infrastructure;
(q) if you have a password allowing access to a non-public area of the ALLIANCE Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;
(r) notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the ALLIANCE Web Site other than the search engine and search agents available from ALLIANCE on this Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer); or
(s) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the ALLIANCE Web Site.
CONTENT SUBMITTED TO ALLIANCE
ALLIANCE does not claim ownership of the Content you submit via the ALLIANCE casting forms or in other sections of the ALLIANCE Site. By submitting Content to ALLIANCE for inclusion to casting call, or in other sections of the ALLIANCE Site, you grant ALLIANCE the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your ALLIANCE Portfolio and/or the ALLIANCE section your portfolio is listed in and/or your content on ALLIANCE’s Internet properties. This license exists for as long as you continue to seek castings and shall be terminated when you request from us by email that your content be removed and you have received confirmation from ALLIANCE of the removal of your content. You also represent that you have full power and authority to comply with this Terms of Service Agreement without violating the rights of others and agree that your use of ALLIANCE and its services will comply with this Terms of Service Agreement without violating the rights of others.
You agree to indemnify and hold ALLIANCE, and its parents, subsidiaries, affiliates, officers, other partners, and employees, harmless from any claim, demand or damages, including reasonable attorney’s fees, made by any third party due to or arising out of your content, your use of the service, your connection to the service, your violation of the TOS, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, rent, resell or exploit any portion of the service, use of the service or access to the service.
ALLIANCE does not currently offer any email services to its members. ALLIANCE reserves the right to amend or modify this provision in the future.
NO GUARANTEE OF SERVICE
ALLIANCE provides its services on a commercially reasonable basis and does not guarantee that members and/or users will be able to access or use the services at times or locations of their choosing. Specifically ALLIANCE reserves the right at any time to modify or discontinue temporarily the service (or any part of the service) with or without notice. You agree that ALLIANCE should not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
ADVERTISEMENTS AND PROMOTIONS
ALLIANCE runs advertisements and promotions on ALLIANCE sites. By creating your ALLIANCE site, you agree that ALLIANCE has the right to run such advertisements and promotions in a manner and with such frequency that is subject to change. Your dealings with the advertisers and their promotions found on or through the service, including payment and delivery of related goods or services are solely between you and the advertiser. You agree that ALLIANCE should not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service.
Links to the World Wide Web and other resources may be available through ALLIANCE’s services. Because ALLIANCE has no control over such sites and resources, you acknowledge and agree that ALLIANCE is not responsible for the availability of these resources and does not endorse any of the content, products, advertising or any other materials on or available from such sites or resources. Accordingly, you acknowledge that ALLIANCE is not liable for any loss or damage which occurs as a result of using or relying on the content, goods and services found on these other sites.
DISCLAIMER OF WARRANTIES
a) THE USER AGREES THAT THE USE OF THIS SITE IS ENTIRELY AT THE USERS OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALLIANCE ALSO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE TO THE FULLEST EXTENT PERMITTED BY LAW. ALLIANCE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE. NEITHER ALLIANCE NOR ANY THIRD-PARTY CONTENT PROVIDER MAKES ANY WARRANTY WITH RESPECT TO ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH THE SITE.
(b) ALLIANCE MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, OR ACCESSSIBILITY OF THE MEMBER PAGES OR THE ASSOCIATED STORAGE FACILITIES. ALLIANCE IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES; INDIVIDUAL MEMBERS ARE RESPONSIBLE FOR MONITORING AND CREATING BACKUPS OF THEIR PAGES.
LIMITATION OF LIAIBILITY
UNDER NO CIRCUMSTANCES SHALL ALLIANCE BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF THE SITE OR RELIANCE ON THE SITE. ALLIANCE DOES NOT GUARANTEE THE LEGITIMACY OR IDENTITY OF ANY USER, INCLUDING ANY CLIENT, OR OF ANY INFORMATION OR ADVICE PROVIDED ON ALLIANCE, INCLUDING ANY INFORMATION OR CONTENT PROVIDED BY A CLIENT OR ANOTHER THIRD PARTY. ALLIANCE DOES NOT GUARANTEE THAT ANY USERS OR MEMBERS, INCLUDING CLIENTS, WILL USE THE ALLIANCE WEBSITE PROPERLY OR IN COMPLIANCE WITH THE TERMS AND CONDITIONS APPLICABLE TO THEM. ALLIANCE DOES NOT GUARANTEE THAT ANY USER WILL SUCCESSFULLY OBTAIN A CONTRACT, EMPLOYMENT OR SPONSORSHIP OF ANY KIND AS A RESULT OF MEMBERSHIP IN OR USE OF ALLIANCE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ALLIANCE IS THE CANCELLATION OF YOUR SUBMISSION AS DETAILED BELOW IN SECTION 16 OR THE TERMINATION OF YOUR USE OF ALLIANCE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES (EVEN IF ALLIANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OR MISUSE OF THE SITE OR RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES OFFERED ON THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY PRODUCTS, SERVICES, INFORMATION, OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
TERM, TERMINATION AND CANCELLATION
The Term of your Submission begins on the date you submit as a User of ALLIANCE (i.e., the date your contact information (name, address, E-mail address, and other collected casting information) is entered into the ALLIANCE database) and will continue on a yearly basis until you cancel your submission as set forth below, unless it is otherwise canceled by ALLIANCE pursuant to this Terms of Service Agreement.
You can cancel your Submission at any time by delivering thirty (30) days notice to the ALLIANCE via E-mail sent to: email@example.com or by mail addressed to: GPS Film ALLIANCE, Attn. Customer Relations, 3111 East Tahquitz Canyon Way, Suite 139, Palm Springs, CA 92262. Write “Submission Cancellation” on the envelope to speed up processing of your request.
Notices to you may be made via either email or regular mail. The service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the service.
This TOS constitutes the entire agreement between you and the Greater Palm Springs Film Alliance & Film Office, Inc. and governs your use of the service, superseding any prior agreements between you and ALLIANCE (including, but not limited to any prior versions of the TOS). You may also be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. The TOS and the relationship between you and ALLIANCE shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and ALLIANCE agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Riverside, State of California.
The failure of ALLIANCE to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.