Actors and Extras Website Terms and Conditions

 

Intro and Welcome

WELCOME TO THE ACTORS AND EXTRAS WEBSITE AND PLEASE READ OUR WEBSITE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THE WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND TO ALL THE TERMS OF OUR WEBSITE TERMS AND CONDITIONS AND THE PRIVACY POLICY. THERE ARE ASSOCIATED RISKS WITH USING SUCH WEBSITES AND SERVICES AND THE DISCLOSURE OF SENSITIVE INFORMATION. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS WEBSITE AND SERVICE NOW.

 

Our Responsibilities

It is our responsibility to provide the Website and Services in good working order for the purposes of linking actors and extras with the screen, stage and media industry. We are not an agency. We do not represent our Members.

We cannot take any responsibility for any loss, damage or consequential losses arising from using this Website. We will aim to provide this Website compatible with most browsers, interfaces and website themes. However this may not always be possible on every reader and every version. By using this (“Website”) provided by (“Us”) Actors and Extras through PC or Device medium you the (“User”) unconditionally and irrevocably agreed to and are bound by these Actors and Extras Website Terms and Conditions (“Terms”). We may from time to time update our (“Terms”) and your continued use of our (“Websites”) and (“Services”) is taken as acceptance of the updated (“Terms”) and all legislation and applicable current laws. We may also present to you other (“Terms”) and policies whilst using these (“Websites”) and (“Services”) and continued use is taken as acceptance of the additional (“Terms”). The (“User”)’s general terms and conditions are hereby expressly excluded.

 

Some Definitions Quickly

Intellectual Property: means: (a) copyright; (b) all rights conferred under statute, common law or equity in relation to inventions (including all patents); (c) all registered and unregistered trademarks; (d) all registered and unregistered designs; (e) confidential information; and (h) all other rights resulting from intellectual activity in any field;

Member: refers to “you” , “your” or “Users” and any person who has access to the Website either as a guest or through an account.

Services: all “Services” and “Online Services” we provide our “Members” and “Users.”

Terms: “Actors and Extras Website terms and conditions” , “T&C’s” , “Terms of Use” , “Privacy Policy” and all Terms relating to the “Website.”

Us: means Actors and Extras ABN 14 181 123 653 and the terms “we” , “us” , “our” , “Principal” which is the party providing the “Website” and “Services” to the “Member” and “User.”

Website: “website” , “site” , “apps” including “com.actorsandextras” and all websites used in relation to the “Services.”

 

Your Customer Responsibilities – Any Questions Please Just Ask!

We will aim to provide the Website as accurately and up to date as possible. By using this Website you the User irrevocably and unconditionally agree to not act in a way that may constitute:

  • Illegal activities;
  • Breach of any applicable laws;
  • Accessing the Website and Services via systems automation such as spambots or similar;
  • Any such spam activities;
  • Using the Website in a way that could cause harm to others; and
  • Hacking or accessing the Website other than methods listed in these Terms;
  • Including restricted personal and external third party information such as surnames, street addresses, and direct contact details including email addresses, phone numbers, URL’s and social media contact and profile details in free membership profiles.

We reserve the right to suspend or terminate this agreement at our sole discretion if these Terms are violated and to remove any information deemed to be violating our free membership profile restrictions.

 

Responsibility for Minors 

In cases where you have authorized a minor to use this Website and Services you recognize that you are fully responsible for:

  • the online conduct of such minor;
  • controlling the minor’s access to and use of the Website and communications with other members facilitated by the use of the Website; and
  • the consequences of any misuse by the minor. You acknowledge that some of the areas of the Service and Website may contain material that is inappropriate for minors.

 

Third Party rights

The Website may contain hyperlinks, banner ads and content directing Users to other sites other than this Website. This content is only provided as additional to the Website and as such does not imply a relationship, affiliation or sponsorship to a third party. We cannot control cookies and banner adverts appearing on your browser and take no responsibility for their content.

 

Intellectual Property

We retain the ownership of all Intellectual Property rights in and to the Website. You retain the ownership of all Intellectual Property rights of any content or information you submit to the Website. Nothing in these Terms transfer the Intellectual Property Rights to the Website. We grant you a limited, revocable, personal, non-transferable, non-exclusive license to use the Website for User purposes in line with the Copyright Act 1968 (Cth). You grant us a royalty-free, sub-licensable, transferable, irrevocable and perpetual licence to use, any contributions you make to the Website in connection with our operation of the Website.

 

Intellectual Property of Third Parties

Banner ads, click ads and other promotional material used in this Website may belong to third parties. As such these Terms and use of this Website does not grant you license or right to use such content. It does not imply an intellectual property rights to you. If you see a breach of intellectual property you can report it to us at info@actorsandextras.com.

 

What are Cookies and how to we use them?

Cookies are text files with small pieces of data that are used to identify your computer as you use a computer network. We may use cookies on our Website. The purposes of processing of data collected by the use of cookies, are:

  • to perform customer and user analysis and segmentation in order to improve our understanding of our users, and provide better and tailored services to users, including you;
  • to operate, improve and optimise the performance and user experience of the website and its services; and
  • statistical purposes.

 

Changes and Variations

We may revise, change or modify these Terms at any time by making updated Terms available through the Website. Continued use of the Services will be deemed acceptance of the updated Actors and Extras terms and conditions.

 

Liability

You must not use the Website for any purpose not permitted or contemplated by these Terms (or otherwise not authorised by us), or which is unlawful.

To the extent permitted by law:

  • you are responsible for your access to and use of the Website, including for other people’s use of the Website using your user name, password and/or answers to security questions (with or without your permission) not limited to products and Services;
  • we are not in any way liable to any party for any indirect, incidental, special or consequential damages or loss (without limitation including damages for loss of profits, business interruption, loss of information or damage to systems due to viruses or other harmful components arising from the provision of, or your access to or use of, the Website; and
  • any guarantee, warranty, term or condition is implied or imposed into these Terms by legislation and cannot be excluded, then our liability for breach of that guarantee, warranty, term or condition is limited to the re-supply of the Services or subscription, or the payment of the cost of re-supplying the Services or subscription pursuant only to our

 

Complaints and Disputes

If you have any concerns or complaints regarding the Website, please report it to info@actorsandextras.com.While we hope that we will be able to resolve any complaints you may have without needing to involve third parties, the escalation is to lodge a complaint with a relevant regulator in your State. No third party is entitled to enforce any term under this agreement under any applicable source of contract law.

 

Geographical Restrictions

This website is intended for use by individuals and companies worldwide.

 

Limitations of Use

We are under no obligation to guarantee the Website under these Terms except as stated in our Terms.

 

Privacy

We will comply with applicable privacy and health legislation in the relevant jurisdiction. Our Privacy Policy explains how we may use and disclose that information. In particular, we will use your personal information for the purposes of supplying the Website and the other purposes set out in the statement. A copy of the Privacy Policy is available at actorsandextras.com.

 

Release and Indemnity

In consideration of us (which expression shall be taken to include our servants, agents, officers and directors, successors or assignees) agreeing to permit you use of the Website:

I release Actors and Extras from all claims which I have, now or later against Actors and Extras whether for: personal injury (including death and disability), free use of my personal images or personal information in line with the Actors and Extras Privacy Policy, or otherwise, and whether occasioned by:

  • negligence;
  • breach of contract;
  • breach of statutory duty; or
  • otherwise;

suffered as a result of or in connection with my using the Website.

I indemnify and will at all times in the future indemnify Actors and Extras against all proceedings, actions, claims or demands made by any person for: personal injury (including death and disability), free use of my personal images or personal information in line with the Actors and Extras Privacy Policy, or otherwise, and whether occasioned by: suffered as a result of or in connection with my using the Website.

 

Disclaimer

We will provide the Website with due care and skill but except to the fullest extent permitted by law, we do not warrant that the Website will be provided without fault or disruption.

To the fullest extent permitted at law and except as expressed to the contrary these Terms, we exclude all liability to you or anyone else for loss or damage of any kind, including consequential loss and damage (however caused or arising) relating in any way to the Website and Services including, but not limited to, loss or damage you might suffer as a result of:

  • incorrect listing information from other Members;
  • errors, mistakes or inaccuracies in our Website;
  • any unauthorised access to or use of our secure servers;
  • any bugs, viruses, or other harmful code or communications which may be transmitted to or through our Website or Services by any third party;
  • you acting, or failing to act, on any information contained on or referred to on the Website or Services and/or any linked website;
  • personal injury or property damage of any nature resulting from your access to, and use of, the Website or Services and any purchases made from the Website;
  • any limitations stated in these Actors and Extras terms and conditions;
  • any interruption or cessation of transmission to or from our Services and Website; and/or
  • failures or deficiencies in relation to the merchantability or fitness for any purpose of any Service appearing on any linked sites not operated by us or our related entities.

Except if and to the extent only required by law or as otherwise set out in these Terms, we do not warrant, endorse, guarantee or assume responsibility for any Service advertised or offered by a third party at the Website or Services or any linked website or featured in any banner or other advertising.  We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.

Where any law implies a warranty into these Terms which may not be lawfully excluded then to the fullest extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for in that law.

We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web addresses. The only authorised access point is actorsandextras.com with no characters before or after and our app “com.actorsandextras”.

 

General

Entire agreement: These Actors and Extras Terms of Use comprise the entire agreement between you and us in relation to your access to and use of the Website.

Applicable law: The provision of the Website and these Terms, including all of the rights and duties of the parties arising from or relating in any way to the provision of the Website and these Terms, are governed by the laws of New South Wales, Australia and we and you each submit to the exclusive jurisdiction of those courts.

Severability: If any of these Terms are invalid, unenforceable or illegal, the remaining Terms will continue to apply.

Assignment: You must not assign or novate these Terms or otherwise deal with their benefit or a right under them without our prior written consent, which may be withheld at our absolute discretion. We may at any time, without notice to you, novate or assign our rights and obligations under these Terms, and to the extent necessary you hereby consent to such novation, assignment or transfer.

Waiver: No waiver of a right or remedy under these Terms is effective unless it is in writing and signed by the party granting it.

Contact: if you have any queries please contact us on info@actorsandextras.com