ChildrenInFilm.com is a social networking website, including related services, owned and operated by Children In Film, Inc. that provides exposure, resources and information for child actors and for those seeking employment or seeking to employ minors in the entertainment industry, and for those offering or seeking lawful services relating to child actors and the entertainment industry. The services offered by Children In Film, Inc. ("Children In Film, Inc." or "us" or "we") include the ChildrenInFilm.com website and any successor website (the "Website") and any other features, content, contests, or applications offered from time to time by Children In Film, Inc. in connection with the Website (collectively, the "Services"). The Services and the Website are hosted in the U.S. For many users, the Website is a valuable free resource. For those who choose to become subscribers, our Enhanced Members, as of 2010, the Website may qualify as a talent listing service under new legislation applicable in California, and therefore, Children In Film, Inc. also fully complies with such legislation.
We may modify this Agreement from time to time and such modification shall be effective upon posting on the Website. You agree to be bound to any changes to this Agreement when you use the Website or Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on the Website and that you provide to other Users. As a child actor or such actor’s parent or guardian, your Member profile may not include the following items: telephone numbers, email addresses, or street addresses. No profile may include any photographs containing nudity, or obscene, lewd, violent, harassing, sexually explicit or otherwise objectionable subject matter. If you become aware of misuse of the Website or the Services by any person, please contact us immediately.
Children In Film, Inc. reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Website or Services at any time, for any or no reason, with or without prior notice, and without liability. We expressly reserve the right to remove your profile and/or restrict, suspend, or terminate your access to any part of the Website or Services if we determine, in our sole discretion, that you pose a threat to ChildrenInFilm.com and/or its Users, or that you have violated this Agreement.
- Eligibility. Use of and Membership in the Website is void where prohibited. By using the Website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; (d) you will not submit information about a child under 14 years of age unless you are the parent or legal guardian of such child; and (e) your use of the Website does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age and/or if we believe that you have submitted information about a child under 14 years of age and you are not the parent or legal guardian of such child.
- Term. This Agreement shall remain in full force and effect while you use the Website or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Account Services page. We may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including without limitation sections V-XVIII.
- Fees. You acknowledge that Children In Film, Inc. reserves the right to charge for Website Membership and Services and to change its fees from time to time in its discretion. If Children In Film, Inc. terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. Notwithstanding the foregoing, if you have a paid Enhanced Membership, you will have the right to cancel your paid Membership and obtain a full refund without penalty within ten business days of the start of your paid Membership in accordance with our Talent Listing Service Agreement which you acknowledge upon your registration for Enhanced Membership. The fees paid for Enhanced membership facilitate easier internal communication and email (similar to communication on other social networking sites such as LinkedIn), and permit you to include more photographs, etc. Most of the content provided is available for the Basic Membership or to Visitors at no charge.
- Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
- Non-commercial Use. The Website is for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Children In Film, Inc. Illegal and/or unauthorized use of the Website or Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Website or Services.
- Proprietary Rights in Content on ChildrenInFilm.com.
- Children In Film, Inc. does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Website. After posting your Content to the Website, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Website, you hereby grant to Children In Film, Inc. a non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publicly perform, publicly display, reproduce in any medium, and distribute such Content on and through the Website or elsewhere.
- The license you grant to Children In Film, Inc. is non-exclusive (meaning you are free to license your Content to anyone else in addition to Children In Film, Inc.), fully-paid and royalty-free (meaning that Children In Film, Inc. is not required to pay you for the use on the Website of the Content that you post), sublicensable (so that Children In Film, Inc. is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Website), and worldwide (because the Internet and the Website are global in reach).
- You represent and warrant that: (i) you own the Content posted by you on or through the Services or the Website, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services or the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services and the Website
- The Services and Website also contain Content of ChildrenInFilm.com ("ChildrenInFilm.com Content"). ChildrenInFilm.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Children In Film, Inc. owns (or has license rights to) and retains all rights in the ChildrenInFilm.com Content and the Services. Children In Film, Inc. hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the ChildrenInFilm.com Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.
- The Website contains Content of Users and other ChildrenInFilm.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Website, subject to applicable law.
- Content Posted.
- Children In Film, Inc. may delete any Content that in the sole judgment of Children In Film, Inc. violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Nonetheless, we assume no responsibility for monitoring the Services of the Website for inappropriate Content or conduct. If at any time we choose, in our sole discretion, to monitor the Services or Website, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
- You are solely responsible for the Content that you post on or through the Website or any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users. Children In Film, Inc. does not endorse and has limited or no control over the Content. Content posted by Users may include opinions, comments, or ratings of service providers or of other Content. Content posted by Users is not generally reviewed by Children In Film, Inc. prior to posting and does not reflect the opinions or policies of Children In Film, Inc. We make no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
- Content/Activity Prohibited.
- The following is a partial list of the kind of Content that is illegal or that you are prohibited from posting on the Website or through the Services. Children In Film, Inc. reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending communication from the Website and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Children In Film, Inc.:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains sexually suggestive imagery, nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- is an unauthorized copy of another’s image or copyrighted work, or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent; or
- uses any unfair, misleading or deceptive Content intended to draw traffic to the profile.
- The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Services. Children In Film, Inc. reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- covering or obscuring the banner advertisements on your personal profile page, or any ChildrenInFilm.com page via HTML/CSS or any other means;
- interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
- attempting to impersonate another User or person;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- using any information obtained from the Services or the Website in order to harass, abuse, or harm another person;
- using the Website or Services in a manner inconsistent with any and all applicable laws and regulations.
- Posting Reviews on ChildrenInFilm.com
- Unacceptable Content: Children In Film, Inc. may permit Users to post critical comments or reviews (“Reviews”) of service providers or other matters in relation to the Services. Nonetheless, we reserve the right to refuse to post or to remove any Review if it contains or features unacceptable content. However, we have no obligation to take any action at all with respect to a Review. Unacceptable content includes, but is not limited to:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity, malpractice, purposeful overcharging, or false advertising.
- Reviews submitted by the reviewed business' employees (past or present) or competitors as determined by Children In Film, Inc.
- Reviews commenting on individual Users except in the context of the provision of services.
- Content that contains personal attacks or describes physical confrontations and/or sexual harassment.
- Excessive damage caused by business or service to person or property.
- Personal information or messages including email addresses, URLs, phone numbers and postal addresses.
- Messages that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter.
- Language that violates the standards of good taste or the standards of the Website, as determined by Children In Film, Inc. in its sole discretion.
- Content determined by Children In Film, Inc. to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity.
- Language intended to impersonate other Users (including names of other individuals) or offensive or inappropriate user names or signatures.
- Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
If you see objectionable content please contact us immediately at firstname.lastname@example.org.
- Reviews are not endorsed by Children In Film, Inc.: Reviews do not reflect the views of Children In Film, Inc.; or any parent company, subsidiary or affiliated companies; or its employees, officers, directors, or shareholders. Children In Film, Inc. does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Website or the materials contained thereon.
- Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Children In Film, Inc. to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Children In Film, Inc. by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website or through the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website or Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Children In Film, Inc.'s Copyright Agent for notice of claims of copyright infringement can be reached as follows: email@example.com.
- Member Disputes. You are solely responsible for your interactions with other Users. Children In Film, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Users, until we are served with a subpoena or must respond to a court order.
- Legal and Financial Information Is Not Legal or Financial Advice: ChildrenInFilm.com contains articles on many legal topics; however no warranty whatsoever is made that any of the articles are accurate. There is absolutely no assurance that any statement contained in an article touching on legal or financial matters is true, correct or precise. Laws vary from place to place and evolve over time. Even if a statement made about the law is accurate, it may only be accurate in certain jurisdictions and not all jurisdictions; as well, the law may have changed, been modified or overturned subsequently since the entry was made on the Website.
The legal and financial information provided on the Website is, at best, of a general nature and cannot substitute for the advice of a licensed professional, i.e., by a competent authority with specialized knowledge who can apply it to the particular circumstances of your case. For legal or financial advice please contact a licensed professional.
Neither the individual contributors, system operators, developers, or sponsors of the Website or the Services nor anyone else connected to Children In Film, Inc. shall take any responsibility for the results or consequences of any attempt to use or adopt any of the information presented on the Website or through the Services.
Nothing on the Website should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. The Website is designed for information purposes only and is not intended to provide comprehensive legal or financial advice. Before making any decisions affecting your economic future you should consult with a financial professional in your area.
- Disclaimers. Children In Film, Inc. is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Profiles created and posted by Members on the Website may contain links to other websites. Children In Film, Inc. is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by us. Inclusion of any links to third-party websites on the Website or the Services does not imply approval or endorsement of the linked website by Children In Film, Inc. When you access these third-party sites, you do so at your own risk. We take no responsibility for third party advertisements which are posted on this Website or through the Services, nor do we take any responsibility for the goods or services provided by its advertisers. We are not responsible for the conduct, whether online or offline, of any User of the Services. Children In Film, Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website or the Services. Under no circumstances shall Children In Film, Inc. be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or Services, attendance at a Children In Film, Inc.-sponsored event, from any Content posted on the Website or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and Children In Film, Inc. expressly disclaims any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the Services.
- Limitation on Liability. IN NO EVENT SHALL Children In Film, Inc. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS of USE, LOSS of DaTA, or other DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR THE WEBSITE, EVEN IF Children In Film, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Children In Film, Inc.'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Children In Film, Inc. FOR THE SERVICES DURING YOUR TERM OF MEMBERSHIP.
- Disputes. If there is any dispute about or involving the Website or the Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions, and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles. Either Children In Film, Inc. or you may demand that any dispute between Children In Film, Inc. and you about or involving the Website or the Services be settled by arbitration utilizing the dispute resolution procedures of Judicial Arbitration & Mediation Service, Inc. ("JAMS"), as outlined in Section XVI.A below, provided that the foregoing shall not prevent Children In Film, Inc. from seeking injunctive relief in a court of competent jurisdiction for any violation of its intellectual property rights or for any serious violation of this Agreement.
- Arbitration. Any controversy or claim arising out of or relating to this Agreement, or any breach thereof (hereinafter, a "Dispute"), to be settled by arbitration (which shall occur if either party demands it as indicated above), shall be settled in accordance with the procedures outlined in this Section XVI. Any party desiring to resolve a Dispute shall write a description of the Dispute and send it to the other party by certified or registered mail, return-receipt requested. Such notice shall explain the nature of the Dispute, refer to the provisions of this Agreement that are relevant to the Dispute, the amount involved, and the remedies sought. Any Dispute to be resolved pursuant to the provisions of this paragraph will be submitted to Judicial Arbitration & Mediation Service, Inc. ("JAMS") for binding arbitration under its Streamlined Arbitration Rules before a single arbitrator. The parties agree to conduct such arbitration proceeding telephonically if permitted. Within reasonable limitations and acknowledging each party's desire to have limited discovery proceedings, the scope and duration of discovery will be within the sole discretion of the arbitrator. The arbitrator may grant any remedy or relief available under applicable law, including, without limitation, injunctive relief, specific performance, and punitive damages. The arbitrator's decision or award shall be fully enforceable and subject to an entry of judgment by a court of competent jurisdiction. The commission of an error of law or legal reasoning by the arbitrator shall be the sole grounds for vacating or correcting the award. Each party shall pay the fees of their respective attorneys and any other expenses connected with the arbitration, but all other costs of this arbitration, including the fees of the arbitrator, cost of any record or transcript of the arbitration, administrative fees and other fees and costs, shall be shared equally by the parties. The party losing the arbitration shall reimburse the party who prevailed for all expenses the prevailing party paid pursuant to the preceding sentence and for all reasonable attorneys' fees (as determined by the Arbitrator) incurred by the prevailing party in connection with the arbitration proceeding.
- Indemnity. You agree to indemnify and hold Children In Film, Inc., its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website or Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the Services causes Children In Film, Inc. to be liable to another.
- Other. This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by your becoming a Member. This Agreement constitutes the entire agreement between you and Children In Film, Inc. regarding the use of the Website and Services. The failure of Children In Film, Inc. to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. ChildrenInFilm.com is a trademark of Children In Film, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.