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MyCrew, LLC – Terms of Use
Scope
and Applicability
These
Terms of Use (the "Agreement") are applicable to the Web pages,
services, content, databases and information (collectively, the "Services")
provided by MyCrew, LLC (“MyCrew”) to which you may have access
by using the Web site from which you accessed this Agreement. The content
and information included in these Services are provided by MyCrew and
its third party suppliers (collectively, the "Information Providers").
These Services are made available by MyCrew subject to the terms and
conditions of this Agreement. This agreement also covers any written,
audio, graphic, or any other materials ("Materials") you may
submit to any of the Services provided by MyCrew or any of its divisions
or operating units. This agreement also covers any MyCrew related websites
("Sites") and the content, Materials, Services and any other
aspects of the contents and services of these Sites.
BY CONTINUING
TO USE THE SERVICES AND SITES, YOU ARE INDICATING YOUR AGREEMENT TO
BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, MYCREW
IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE SERVICES AND SITES
AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICES.
MyCrew
may modify this Agreement from time to time in its sole discretion and
without notice to you. You should review this Agreement periodically
to ensure familiarity with its then-current terms and conditions. Your
continued use of the Services shall constitute your acceptance of this
Agreement and your continued use of the Services following any modification
of this Agreement shall constitute your acceptance of such modifications
to this Agreement.
You
may also be subject to additional terms and conditions that may apply
when you use Services provided by entities other than MyCrew on the
Web site from which you accessed this Agreement, or when you access
any Services provided by MyCrew from a Web site other than the one from
which you accessed this Agreement.
Purpose
The
purpose of MyCrew is to facilitate networking for people working within
the entertainment industry. While Companies and members may use
MyCrew to post jobs, and communicate with each other, we cannot guarantee
work. We cannot guarantee that employers and potential applicant’s
that view the job postings will do so for the purposes of employment,
call you in for an interview or that you will be offered a position
after the interview. These decisions rest with individual MyCrew
members. Furthermore, we are unable to verify or provide any assurances
relating to the nature or duration of any work or appointment that you
may be offered as a result of using the Services. It is the Members
sole responsibility to ensure that any accepted work or appointment
is acceptable.
Members
agree not to apply for positions for or on behalf of another individual.
Members who do this may have their membership cancelled. Furthermore,
you warrant that the information you provide shall be accurate and correct
and shall not contain anything that could be considered inaccurate,
obscene, and defamatory or which potentially infringes any third party
right. You agree to indemnify us for all losses, costs and damages
we incur in the event that you are in breach of this warranty.
Username
and Password
You may receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining
the confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You agree
to (a) immediately notify MyCrew of any unauthorized use of your password
or account or any other breach of security, and (b) ensure that you
exit from your account at the end of each session. MyCrew cannot and
will not be liable for any loss or damage arising from unauthorized
use of your username and/or password. Any fraudulent, abusive, or otherwise
illegal activity may be grounds for termination of your account, at
MyCrew sole discretion, and MyCrew may refer you to appropriate law
enforcement agencies.
Use of the Services
These
Services are intended for your personal, non-commercial use. The Services
(and the content and information included therein) are protected by
copyright pursuant to United States laws and international treaties
and are owned or licensed by MyCrew or the Information Provider(s) credited.
You shall abide by all copyright notices, information, or restrictions
contained in any content or information accessed through the Services.
You
agree not to reproduce, retransmit, disseminate, sell, distribute, perform,
display, publish, broadcast, circulate, create new works from, or commercially
exploit the Services (including the content and information made available
through the Services), in whole or in part, in any manner, without the
express written consent of MyCrew, nor to use the content or information
made available through the Services for any unlawful purpose. You agree
to access the Services manually by request and not programmatically
by macro or other automated means.
To deliver
the Services, it may be necessary for MyCrew to collect information
about you and your use of the Services. MyCrew reserves the right to
disclose information about you and your usage of the Services on a confidential
basis to the owner of the Web site from which you access the Services.
For more information, please read the privacy policy of such Web site
and any privacy policy posted by MyCrew on or in connection with the
Services.
You
acknowledge that the Services and any associated websites may from time
to time encounter technical or other problems and may not necessarily
continue uninterrupted or without technical or other errors and that
My Crew shall not be responsible to you or others for any such interruptions,
errors or problems or for discontinuance of any MyCrew Service.
Termination
MyCrew
may discontinue or change the Services or their availability to you,
immediately, in its sole discretion, at any time without cause. MyCrew
may terminate this Agreement and your access to and use of the Services,
or any portion thereof, immediately, in its sole discretion, at any
time without cause.
Disclaimer
of Warranties
Information
and content provided in connection with these Services may be delayed
as specified by financial exchanges or Information Providers. MyCrew
and the Information Providers furnish the information available in connection
with these Services without responsibility for accuracy and you agree
that errors or omissions contained in such information shall not be
made the basis for any claim, demand or cause of action against MyCrew
or any Information Provider. MyCrew believes the Services (including
the information and content therein) to be reliable, but accuracy is
not warranted or guaranteed. MyCrew may point to other Web sites that
may be of interest to you but for which MyCrew has no responsibility.
The Services includes facts, views, opinions and recommendations of
individuals and organizations deemed of interest. Neither MyCrew nor
the Information Providers guarantees the accuracy, completeness or timeliness
of, or otherwise endorses these views, opinions or recommendations,
gives investment advice, or advocates the purchase or sale of any security
or investment.
Any
job leads, job opportunities, news, event announcements, or related
postings or information provided by MyCrew or any other MyCrew division
is published as news only, and no endorsement of any kind is made as
to the veracity or accuracy of the information contained in these postings
and/or information.
You
understand and agree that your use of the Services is at your sole risk.
THE SERVICES ARE PROVIDED ON AN "AS-IS" BASIS. MYCREW AND
THE INFORMATION PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Materials Provided
by You (Submissions)
In
certain circumstances you may choose to submit reels, pictures or other
creative material (collectively, "Materials") to MyCrew for
the purposes of MyCrew providing to you, at your request, exposure to
parties seeking to hire, license or procure the same or samples of the
same for film, television, video game and other related projects, or
other services. With regards to all reels, pictures or any other creative
Material you submit to MyCrew through our websites or otherwise, you
expressly authorize MyCrew to transmit, stream, download, transfer,
broadcast, publicly display and publicly perform in any manner, form
or media whether now known or hereafter devised, any of the Materials
you submit to MyCrew for demonstration purposes only, SOLELY IN CONNECTION
WITH THE SITE(S) YOU SUBMIT THE MATERIALS TO. Without limitation to
other licenses you may be inferred to have granted in order to accomplish
the foregoing, you expressly grant to MyCrew the following with respect
to any and all Materials you submit.
Reproduction
licenses for reel and pictures. You hereby grant MyCrew nonexclusive
reproduction licenses for all reels and pictures included in your Materials
limited to reproducing by download the Materials for demonstration purposes.
By accepting this Agreement
and/or submitting Materials to MyCrew, you expressly warrant and represent
the following to MyCrew and acknowledge that MyCrew is relying upon
such warranties and representations:
(a) That all factual assertions you have made and will make to us are
true and complete; that you have reached the age of majority and are
otherwise competent to enter into contracts in your jurisdiction; and
that you are at least 18 years of age.
(b) That you have obtained and hold all rights, approvals, consents,
licenses and/or permissions, in proper legal form, necessary to submit
Materials on the terms provided herein and to grant MyCrew the nonexclusive
licenses set forth herein.
(c)
That you agree that MyCrew, our customers and our employees associated
with our site(s), and our licensees shall not be required to make any
payments with respect to material that you submit to our sites under
these Terms, including but not limited to payments to you, third parties,
publishers, mechanical rights agents, performance rights societies,
persons who contributed to or appear in your materials, your licensors,
unions, or guilds for usage of your Materials in the fulfillment of
the services you have requested from MyCrew.
(d) That at all times,
you retain ownership of your Materials. At no time is ownership in your
Materials in any way transferred, temporarily or permanently, to MyCrew.
No license for usage is granted to MyCrew or our clients, in the Materials
you submit beyond that which is necessary and specified herein only
for the consideration of your Materials. No license to use your Materials
in film, television, or other type of commercial or noncommercial audio
or audiovisual release is granted as a result of your submission of
Materials to MyCrew.
(e) That no other rights, approvals, consents, licenses and/or permissions
are required from any other person or entity to submit your Materials
on the terms provided herein or to grant MyCrew the nonexclusive licenses
set forth herein.
(f) That your Materials are original; that your Materials were either
created solely by you or, by written assignment, you have acquired all
worldwide intellectual property rights in and to your Materials; that
if your Materials contain any "samples" or excerpts from copyrightable
work the rights to which are owned in whole or in part by any person
or entity other than you, that you have obtained and hold all rights,
approvals, consents, licenses and/or permissions, in proper legal form,
necessary to use and include such work in your Materials; and that your
Materials do not otherwise infringe on the intellectual property rights
of any person or entity.
(g) That neither your Materials nor any comments or reviews you post
on the Site violate any common law or statutory patent, copyright, privacy,
publicity, trademark or trade secret rights of any person or entity
and are not libelous, defamatory, obscene or otherwise actionable at
law or equity.
(h) That you have neither intentionally nor with gross negligence submitted
any Materials containing or producing any virus or other harmful code
or other information that could damage or otherwise interfere with our
computer systems or data and/or that of our customers.
(i) You agree to sign and deliver to MyCrew any additional documents
that MyCrew may request to confirm MyCrew’s rights and your warranties
and representations under this Agreement.
(j) You acknowledge that MyCrew is relying upon the representations,
warranties and covenants you have made herein. You agree to and hereby
do indemnify MyCrew, its licensees, assigns and customers against, and
hold them harmless from, any loss, expense (including reasonable attorney
fees and expenses), or damage occasioned by any claim, demand, suit,
recovery, or settlement arising out of any breach or alleged breach
of any of the representations, warranties or covenants made herein or
arising out of any failure by you to fulfill any of the representations,
warranties, or covenants you have made herein.
(k) All representations, warranties or covenants made herein by you
shall survive termination of this Agreement.
(l) All warranties and representations made by you herein are made for
the benefit of MyCrew and its sub-licensees and may be enforced separately
by MyCrew and/or by any contractually designated sub-licensee of MyCrew.
Membership and
Subscriptions
By joining or accessing
any of our paid membership sites, ("Site"), you agree to be
legally bound and to abide by the following terms and conditions in
addition to the other terms and conditions stated in this document:
(a)
Scope of membership or subscription agreement: Under this Agreement
("Agreement"), MyCrew furnishes online information and services
(the "Service") to registered/active members or authorized
users ("you", "your" or "member").
By accepting the Terms and Conditions when registering or if you use
the Service or Site in any way, you agree to be bound by this Agreement.
The term "use" means the use and availability of, access to,
transmission to or from or any exchange of information or communication
in connection with or arising from the Service. This entire agreement
between you and us supersedes prior agreements regarding its subject
matter. Whenever new services become available, your use of them will
be under this Agreement unless we notify you otherwise. You must comply
with any additional terms which apply to third-party content, products,
information or other services. We may change this Agreement at any time
as we desire, without notification. By continuing to use the Service,
you agree to be bound any new version of the Agreement.
(b)
All Sales are Final. We have a NO REFUND POLICY. Once you submit your
order for Membership or Subscription, it is non-refundable. All memberships
will automatically receive an email from MyCrew five (5) days before
the end of the one-year term with an option to renew the membership.
You can also cancel your account by sending an email to MyCrew at
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; include “Cancellation”
in the subject line. You will receive a confirmation email but we suggest
you print out the verification page when completed as well.
(c)
Dispute/Contesting Of Charge(s) Policy: You agree to not to dispute
or contest any valid charge(s). You agree to the all terms for billing
and policies detailed in these Terms & Conditions. If you question
the validity of a charge or charges, you agree to first contact us,
primarily by emailing us at
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with your complaint or question.
This will allow for resolution in accordance to the Terms and Conditions
set forth in this agreement. If the dispute/contest is not resolved
and you, the user/member, dispute our charge or charge(s) to your bank
or credit card company then: 1) Your membership will be terminated immediately
without any refund; AND, 2) If the charge(s) is/are found to be valid,
then you authorize MyCrew to charge the member's credit card for any
amount outstanding PLUS a $75.00 per dispute administrative fee. Any
further disputes after this will incur the same process, and eventually
will be handled by our attorneys (whose fees will be paid by you in
addition to the outstanding amounts). By joining any of our membership
sites, you agree and authorize these potential remedy fees.
(d) Membership/Subscriber
Information: You will provide us with accurate and complete registration
information and advise us promptly of any changes. If you do not, you
will be in breach of this Agreement allowing us to immediately terminate
your Membership or Subscription and use of the Service. When you register,
you will receive a user name and password which we may assign or allow
you to select.
(e) Copyright and Limitations
on Use: Information, including job listings, published on our Sites
is property of MyCrew and may only be displayed, formatted and printed
for your use. You agree not to reproduce, distribute, sell, publish,
broadcast, or circulate any information received through MyCrew sites
to anyone without our prior written consent. You may not post any content
from MyCrew sites to news groups, mail lists or electronic bulletin
boards, without our prior written consent. Copying and/or electronic
transmission of any content of the Service is a violation of copyright
law. Reproductions or storage of information or works retrieved from
this Site, in all forms, media and technologies now existing or hereafter
developed, is subject to the U.S. Copyright Act of 1976, Title 17 of
the United States Code.
(f) You also agree that
you will not give out log-ins and/or passwords to other users. We reserve
the right to cancel any Membership or Subscription, without refund,
if we discover that a Membership or Subscription account is being used
by more than one person, or if a log-in/password is given to another
person.
Right to Refuse to
Accept Listings, Advertisements, or any other Submission
MyCrew reserves the right to refuse
to accept any advertisement, job posting, reel and picture submission,
promotion, or any other materials at its sole discretion. If a submission
of any kind is refused by MyCrew, MyCrew will refund all submissions
fees paid to MyCrew within 10 business days of notice to submitter of
declined acceptance. MyCrew is not responsible for any damages of any
kind resulting from declined submissions of any kind.
Miscellaneous
a. This Agreement has been made in and shall be construed and enforced
in accordance with California law. Any action to enforce this agreement
shall only be brought in the federal or state courts located in the
city of Los Angeles.
b. Official correspondence must be sent via postal mail to:
MyCrew, LLC.
3202 W. Charleston Blvd.
Las Vegas, NV 89102
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE
BOUND BY ALL OF ITS TERMS.
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