Terms and Conditions: VegasAuditions.com

1. GENERAL

a. This site is part of Doubble Troubble Entetainment (DTE). When you choose to use this web service (the "Service"), you are agreeing to all of the terms and conditions of this Agreement between you and Doubble Troubble Entetainment.

b. DTE may change, add or remove portions of this Agreement at any time, but if it does so, it will postsuch changes on the Service.

c. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.

d. DTE may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. DTE may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. The service is made available to subscribers as a service to find leads for jobs and will not guarantee that you will get hired.

2. CONTENT

 a. The contents of the Service are intended for your personal, noncommercial use. All materials published on the Service (including, but not limited to auditions, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, and owned or controlled by DTE or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.

 b. The Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section 2), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service in whole or in part.

 c. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from DTE.

3. SUBMISSIONS

 a. You are solely responsible for the content of any submission you make to the Service. DTE reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

 b. You acknowledge that any submissions you make to the Service may be edited, removed, modified, published, transmitted, and displayed by DTE and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.

 c. By submitting information to the Service, you hereby grant to DTE, its affiliates and related entities (collectively, DTE ) the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software or technology of any kind now existing or developed in the future. You also agree to indemnify, defend and hold DTE harmless for any liability arising due to the use or distribution of those materials. You further grant DTE the right to use your name in connection with the reproduction or distribution of such material. DTE, its affiliates and related entities do not accept unsolicited materials or ideas for use or publication in their publications, broadcast programming, books or their digital and electronic media except in connection with the forums, chat rooms, and bulletin boards currently or in the future on the Service. The Service, its affiliates and related entities shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Service. In addition, by signing up as a producer on the site, you agree to allow DTE to post future castings and auditions on the website VegasAuditions.com on your behalf if you do not list the audition yourself. You agree that if you have a posting, casting or audition listed in any other trade paper that DTE has the right to list the same information on VegasAuditions.com on your behalf. Unless you notify DTE in writing that you do not want a specific casting listed on your behalf, then DTE will continue to post auditions that it finds regarding your company on VegasAuditions.com.

d. Non-competition: You agree to post auditions and casting on VegasAuditions.com that your company has the right to cast. General casting calls from production companies, film or television shows and any live theatrical productions that are dispersed in the community are not acceptable. For example: A production company has the rights to produce an event and sends out a press release with audition information to casting agencies. As the casting agencies are used as a source to find talent, the casting agencies do not have the exclusive casting rights for that production. These open casting notices should not be placed on VegasAuditions.com. Unless the casting agency is the only source by which a production casts, then the agency can place the call out on VegasAuditions.com, utilizing the website in the manner of a print newspaper. The reason behind this clause is that Nevada is a right-to-work state. As many talent are registered with many agencies, this alleviates the double call situation that many talent have complained about in the past. In addition, VegasAudiitons.com receives notices from productions in the same manner that casting agents do for open calls and therefore has the right to list these casting notices directly.

 e. You must be at least thirteen (13) years old to register for the Service. In consideration of use of the Service, You agree to: (a) provide true, accurate, current and complete information about yourself if prompted by the registration form; and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by You ("Registration Data") is untrue, inaccurate, not current, or incomplete, DTE has the right to terminate your account and refuse any and all current or future use of the Service.

4. LINKS

DTE contains links to other related World Wide Web Internet sites, resources, and sponsors of DTE. Since DTE is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.

5. MEMBER DISCOUNTS

Occassionaly, VegasAuditions.com members will receive discounts to shows, events and promotions. At that time, you will need to provide a photo identification in order to accurately identify you for entrance into the special event.

6. REPRESENTATIONS AND WARRANTIES

a. You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless DTE, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. DTE reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

b. You expressly agree that use of the Service is at your own risk. Neither the Service, DTE, nor any of their affiliates, employees, agents, content providers or licensors make any representations or warranties of any kind regarding the Service, the content or the results that may be obtained from use of the Service. The Service is provided on an "as is" basis and the Service and DTE specifically disclaim any express or implied warranties, including without limitation, warranties of fitness for a particular purpose, warranties of merchantability or warranties against infringements.

c. The Service, DTE, their affiliates, employees, agents, content providers and licensors shall in no event be liable for any damages or losses, including, without limitation, direct, indirect, consequential, special, incidental or punitive damages, resulting from or caused by the Service or its content, including, without limitation, losses related to: your use or inability to use the Service; any errors, omissions or defects in the content; or any interruptions, delays in transmission or computer viruses. In any event, any liability of the Service, DTE, their affiliates, employees, agents, content providers and licensors shall not exceed the amount paid by you to the service in the 12 months prior to the claimed injury or damage.

d. DTE does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.

7. USERNAME AND PASSWORD

You will choose a UserID and password while 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 DTE 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. DTE 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 DTE's sole discretion, and DTE may refer you to appropriate law enforcement agencies.

8. FEES AND PAYMENTS

DTE reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time DTE requires a fee for portions of the Service that are now free (e.g., ZERO directory), DTE will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted in any appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by DTE or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account. An payment in bad standing will cause the account to be suspended immediately. Any subscription paid for by check will incure a bounced check fee of US $20 if the check is returned for insufficient funds. Both the original sign-up fee and the bounce check fee will be due immediately by cashiers check, money order, or credit card before re-activation of the account is established.

POSTING FEES: Producers acknowledge that payment of the $100 listing fee activates the producer's account for a period of 48 hours. In this time, the producer agrees to post the audition listing on VegasAuditions.com. The $100 fee is for automated postings. If you require our services to post your audition manually, the fee is $200. In an effort to create a normal operating flow for our members and not bombard them with emails each time a listing is posted, we ask that producers email us or call us if they have more than 2 listings in the first 24 hours. We can alter our programming to allow you to post the auditions without havin the system email our members each time. After posting 2 listings with VegasAuditions.com, the account will be set to expired and an additional $100 payment must be made in order to continue posting. VegasAuditions.com reserves the right to limit each listing to a maximum of 30 days online, unless discussed and accepted otherwise. Continuing listings should be considered advertising space and monthly billing may be considered. No open ended listings will be allowed. Open call listing should be placed as advertisements rather than job postings.

9. EARLY TERMINATION

DTE may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement.

10. CANCELLATION

Your account is active for one year beginning from the date you submit your application and credit card information. This account will de-activate 365 days later automatically if you do not renew. You will receive a renewal notice email stating that your account will expire in approximately one month. At which time, you will have the opportunity to RENEW your account by accessing the renewal page from the email you receive. The renewal price will be listed on the renewal form (currently at the same signup price). If you do not renew between four weeks and two weeks out from your expiration date, you will receive one final renewal notice 15 days out from the expiration date. If not renewed, your account will expire on the most recent expiration date. If you are unhappy with this service within the first 24 hours of use, you may submit a request for refund to the administration. Refunds are granted at the sole discretion of the administration, and refunds are not guaranteed. Because access to the inforamtion is instant, only members that do not live in the Las Vegas metro area or those members that do not have a Las Vegas address are eligable for a possible refund.

Producers who have paid $100 to post an audition are not entitled to any refund after their audtiion/casting has been posted on VegasAuditions.com. In the event that a producer has agreed to a contract for posting or advertising, the terms of that contract supplement these terms and conditions. Cancellation of a contract in which special pricing and terms have been negotiated must be in writing. A fee of 50% of the unpaid balance of a contract is due upon the cancellation of a special contract which is cancelled by the producer or advertiser. This balance is due immediately upon acceptance by VegasAuditions.com of cancellation of contract. If payment is not received within 30 days of cancellation, the entire unpaid amount of the contract will become due.

11. ADVERTISERS
You accept the monthly recurring billing feature for advertising on VegasAuditions.com. Your credit card will automatically be charged on the date you first authorize payment each month on a recurring basis until you notify us by phone or in writing to our address/contact info below. You will receive a confirmation that your account for advertising has been cancelled and at that point you will have successfully cancelled your account. In the event that your credit card is declined for any future month's payment, a late payment charge of $30 will be added to your due amount and that amount will become due immediately. Any advertiser who's credit card does not process and payment is not received in full by the time the first day of the next advertising cycle begins, will have their advertisement pulled from the website. Advertisers will not recieve credit for days lost due to non-payment. PLACEMENT: Advertisers are not guaranteed placement on the website unless expressely noted in writing. Advertisers will be placed in order of their beginning date of payment for spots on VegasAuditions.com. The first advertiser by date will receive the highest, first, left-most or most prominent ad placement, followed in order by other advertisers based on that original payment date. Those advertisers that agree to a long term contract and pay in advance will recieve priority placement before month-to-month advertisers. Those advertisers who are sponsors of VegasAuditions.com or events that are produced by DTE, Inc. will also receive priority placement above long term contracts and above month-to-month advertisers. Seniority is determined by length of paid advertising time with Doubble Troubble Entertainment, Inc. Doubble Troubble Entertainment reserves the right to refuse any advertiser which it deems in competition for its member database. Advertisers and producers must have a current and valid business license in the state of Nevada if owning or operating a business within its borders. A current business license outside of Nevada is required if the business is operated outside of the state of Nevada, but in accordance with Nevada laws, we require anyone doing business to obtain the proper and valid licesnes to do business in this state. The company also reserves the right to refuse any objectionable material, company or link that is created at its sole discretion. If the company deems an advertiser or link innappropriate, the advertier will be notified to change the ad or link immediately and will be given specific time lines for changing said advertisement. The advertisement can be removed by the company immediately and replaced when the new ad is available. No credit will be given for lost days due to objectionable material. In the event that Doubble Troubble Entertainment pulls the ad completely, a refund, if any, will be issued within 14 days. In the event the business is closed due to legal action or injunction, then advertisements on VegasAuditions.com or any sister site will be removed immediately upon notification of such actions. Advertisers will not be permitted to advertise or solicit business on our websites when a court has imposed an injuction to do business in the state of Nevada. In addition, any un-fullfilled contract will become immediately due at 50% of the remaining balance. Advertisers agree to pay this amount within 30 days of notice of the removal of the advertisment. In the case where credit card is used as a monthly debit, we reserve the right to continue to debit that amount from the credit card in monthly installments, until the remaining balance is zero and at the monthly rate, or to debit the final 50% of the total amount un-fullfilled in one lump some on the next business day after receipt of such notice.

12. MISCELLANEOUS

a. This Agreement has been made in and shall be construed and enforced in accordance with Nevada law. Any action to enforce this agreement shall only be brought in the federal or state courts located in Las Vegas.

b. Official correspondence must be sent via postal mail to:

Doubble Troubble Entertainment

Attn: VegasAuditions.com

7251 W. Lake Mead Blvd. Suite 300

Las Vegas, NV 89128

By submitting your credit card information on the subscription sign up page or the renewal page you agree that you "HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS".

 

© 2005 Doubble Troubble Entertainment. All rights reserved.

 

 


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