ChildrenInFilm.com is a social networking website, including related services, owned and operated by Children In Film, Inc. that provides information for child actors and for those seeking to employ minors in the entertainment industry (collectively, “you” or “your”). The services offered by Children In Film, Inc. (“CIF”, “we” or “us”) include the ChildrenInFilm.com website and any successor website (the “Website”) and any other features, content or applications offered from time to time by CIF in connection with the Website (collectively, the “Services”). The Services and the Website are hosted in the U.S. The Website is a valuable free resource.
Sharing your Content and information:
You own all of the text, files, images, photos, video, sounds, musical works, works of authorship, or any other information and materials (collectively, “Content”) that you post in our community Forum and you control how it is shared through your privacy and application settings. Your posting of Content means that you represent and warrant that you have the rights to post it in accordance with Section 6 below. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Content (including the related intellectual property rights) that you post on or in connection with CIF (“Content License”). This Content License ends when you delete your Content or your account, unless your Content has been shared with others, and they have not deleted it. We have no obligation to retrieve or remove Content in the hands of others.
In order to participate in certain Services, you may be notified that you are required to download content from us and/or agree to additional terms and conditions. Any such additional terms are hereby incorporated into this Agreement by this reference.
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 Content and 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 must not include the following items: telephone numbers, email address(es), or street address. 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.
CIF reserves the right, in its sole discretion, to reject, refuse to post or remove any posting of Content (as well as any 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 the Website and/or its Users, or that you have violated this Agreement.
- Eligibility. 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/or you are not the parent or legal guardian of such child. Use of and Membership in the Website is void where prohibited.
- 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 6-18.
- Fees. You acknowledge that CIF reserves the right to charge for Website Membership and Services and to change its fees from time to time in its discretion. If CIF terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees, if any. Notwithstanding the foregoing, if you have a paid 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 applicable law. Most of the content provided on the Website is available to Visitors at no charge.
- Password. When you sign up to become a Member of CIF, you will be asked to choose a password (alternatively you may sign in through other social network logins such as Google, Facebook or Twitter). 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. If you are under 14, you should use your password and your account with your parent or guardian.
- Non-commercial Use. The Website is for the personal informational and promotional use of Users only and is not intended for use in connection with any commercial endeavors except those that are specifically endorsed or approved by CIF. Any listing in our Forum is done by the Member, and does not mean that CIF endorses or promotes such Member/User in any way. Illegal and/or unauthorized use of the Website or Services, including any data mining, phishing or 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 may be taken by us for any illegal or unauthorized use of the Website or Services.
- Proprietary Rights in Content on ChildrenInFilm.com.
(a). CIF does not claim any ownership rights in the 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 CIF the Content License described above and as follows: The license you grant to CIF is non-exclusive (meaning you are free to license your Content to anyone else in addition to CIF), fully-paid and royalty-free (meaning that CIF is not required to pay you for the use on the Website of the Content that you post), sublicensable (so that CIF is able to use its affiliates, subcontractors and service providers such as Internet content delivery networks to provide the Website), and worldwide (because the Internet and the Website are global in reach).
(b).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
(c). The Services and Website also contain Content of CIF (“CIF Content”). CIF Content is protected by copyright, trademark, trade secret and other laws, and CIF owns (or has license rights to, if necessary) and retains all rights in the CIF Content and the Services. CIF hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the CIF Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.
(d). The Website also contains content of other Users and other CIF licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content or CIF Content appearing on or through the Website, subject to applicable law.
- Content Posted
1. CIF may delete any Content if we believe in our sole discretion that it 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 on the Website for inappropriate Content or conduct. If at any time we choose, in our sole discretion, to monitor or review 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.2. 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. CIF 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 does not reflect the opinions or policies of CIF. 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 or receive from other Members.
- Content/Activity Prohibited.
- A. 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. CIF. 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 Content and/or communication from the Website and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in our sole discretion:
1. is patently offensive and promotes racism, bigotry or hatred of any kind against any group or individual;
2. threatens or promotes physical harm against any individual or group, or constitutes bullying in any way;
3. harasses or advocates harassment or bullying of another person;
4. exploits people in a sexual or violent manner;
5. contains sexually suggestive imagery, nudity, violence, or offensive subject matter or contains a link to an adult website;
6. solicits personal data or information from anyone under 18;
7. promotes information that you know, or a reasonable person would know, is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. violates copyright or intellectual property laws in any manner, 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 manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of junk mail, chain letters, spam or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. 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 or bombs, violating someone’s privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person’s consent, or violates the publicity rights of any person; or
15. uses any unfair, misleading or deceptive advertising or Content intended to draw traffic to the profile.
B. The following is a partial list of the activities that are illegal or prohibited on the Website and through your use of the Services. CIF reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, informing law enforcement authorities. Prohibited activity includes, but is not limited to:
1. 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;
2. covering or obscuring any banner advertisements on your personal profile page, or any Website page via HTML/CSS or any other means;
3. interfering with, disrupting, or creating an undue burden on the Website or the networks or Services connected to the Website;
4. attempting to impersonate another User or person;
5. using the account, username, or password of another Member at any time (excluding parents or guardians acting for minor children) or disclosing your password to any third party or permitting any third party to access your account;
6. using any information obtained from the Services or the Website in order to harass, abuse, or harm another person;
7. using the Website or Services in a manner inconsistent with applicable laws and regulations.
- Posting Reviews on ChildrenInFilm.com
A. Unacceptable Content: CIF 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, content which violates any of the prohibitions in Section 8 above, and in addition:
- 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 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 email@example.com.
B. Reviews are not endorsed by, and do not reflect the views of, CIF or its employees, officers, directors or shareholders. CIF does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting or alleged to have resulted from any Review.
- Copyright Policy.
You may not post, modify, distribute, or reproduce in any way any copyrighted Content or other 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 CIF to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to CIF by the copyright owner or the copyright owner’s legal agent.
With respect to the all Content posted by you and any other copyrighted material owned by you, a User or by third parties used in the Services or placed on the Website by you or any User, or if you believe that your Content has been copied and posted on the Website or through the Services in a way that constitutes copyright infringement, please note that CIF is an Online Service Provider under the United States Digital Millennium Copyright Act or “DMCA” (17 U.S.C. § 512). CIF has implemented procedures to promptly remove such Content, materials or information submitted by Users when it receives a proper notification of claimed infringement (“Notification”). Such Notification must be in writing and include the following six (6) elements: (1) physical or electronic signature of a person who is authorized to act on behalf of the owner of an exclusive right alleged to have been infringed; (2) identification of the copyrighted work alleged to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and which should be removed (or have access disabled); (4) information sufficient to permit CIF to contact the complaining party, such as name, address, telephone number, and if the complaining party has an email address, the email address where the complaining party can be reached; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (6) a statement that the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The remaining procedures will be followed with respect to any counter-notifications received by CIF as well. Please submit any such takedown notice under the DMCA to CIF’s Copyright Agent as follows: firstname.lastname@example.org.
- Member Disputes. You are solely responsible for your interactions with other Users. CIF reserves the right, but has no obligation, to monitor disputes between you and other Users, but we generally do not get involved unless we are served with a subpoena or must respond to a court order.
- Legal and Financial Information Is Not Legal or Financial Advice:
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 CIF 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 informational purposes only.
The Website 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; also, the law may have changed, been modified or overturned subsequently since the entry was made on the Website.
- Disclaimers. CIF 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. CIF. is not responsible for the content, accuracy or opinions expressed on such linked or third-party 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 CIF. 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 Website advertisers. We are not responsible for the conduct, whether online or offline, of any User of the Services. CIF 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 CIF be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or Services, attendance at a CIF-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 CIF 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 CIF 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 CIF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CIF’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 CIF FOR THE SERVICES DURING YOUR TERM OF MEMBERSHIP.
- Disputes; Arbitration. 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 its conflict of law provisions Any dispute, claim or controversy arising out of or relating to this Website, Services or this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by final and binding arbitration in Los Angeles County, California before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, and the arbitrator shall apply the laws applicable in the State of California. Judgment on the arbitral award may be entered in any court having jurisdiction thereof. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator shall, in the arbitral award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees (and accountant’s fees) of the prevailing party, for payment by the non-prevailing party, and shall determine the prevailing party for this purpose. The parties hereto expressly waive any right to trial by jury.
- Indemnity. You agree to indemnify and hold CIF, 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 CIF. 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 CIF regarding the use of the Website and Services. The failure of CIF 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 CIF. To the extent that 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 email@example.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
© 2018 Children In Film, Inc. All Rights Reserved