Terms

These terms and conditions (“Terms of Use”), apply to the entire contents of the Website under the domain name https://filmjobs.la/ (the “Website”), including any functionality and services offered on or through each of the Websites, to any products, software, or mobile applications provided by Film Jobs or the Website, and to any correspondence by Film Jobs (together with its owners, parents, subsidiaries, affiliates, directors, officers, managers, members agents and employees, “Film Jobs”), you and any other users of the Website (individually, a “User”, and collectively, “Users”). Please read these terms and conditions carefully before using the Websites. Please also review our Privacy Policy, which also governs your visit to the Website and any services offered, to understand our privacy practices.

1. Introduction and Acceptance of Terms of Use.

By visiting or using this Website, including access or use through a computer, mobile device or mobile application, you accept and agree to be bound by these Terms of Use regardless of whether or not you choose to register with us. If you do not accept these terms and conditions, do not use this Website.

You affirm that you are either more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use, and are not a person barred from using the Websites under the laws of the United States or other applicable jurisdiction.

Users under the age of eighteen (18) are expressly prohibited from using this website or our referral services.

Film Jobs may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Websites thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Websites. Your continued use of this Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you.

2. Website Content and Premium Services.

This Website contains content including but not limited to text, graphics, photographs, images, news reports, articles, editorial and other writings, audio and video recordings, data, listings, and directory information (collectively, “Content”) that is accessible by Users. This Website may also offer breakdowns, casting notices, forums, bulletin boards, wikis, chat rooms, blogs, newsletters, or other interactive areas for Users to communicate with each other, and the information therein is also considered Content. The creation of a user account may be required for the use of certain portions of the Websites. In addition, certain contents and services of the Website, such as professional photographs, videos, audition content, or other premium services may only be accessed through purchase or paid subscription. We refer to the services available on or through the Website or via email or in-person communications. All Services available to Users only through purchase or paid subscription, are referred to collectively as the “Premium Services.” All Content, available with or without payment or subscription, may include video clips, audition clips and or recorded content. The Websites also provide an online venue for Users to interact and communicate with individuals posting adult casting notices. Any agreement or transaction that arises from these interactions or communications does not involve Film Jobs, and Film Jobs is not a party to any agreement between Users. Film Jobs is not an employer with respect to any opportunity advertised on the Website, and Film Jobs is not responsible for any casting, audition, job, employment, hiring, payment, or salary decisions made by you or anyone else using the Website.

3. Proprietary Rights.

Film Jobs owns, operates, licenses, controls, and provides access to the Website. You acknowledge and agree that Film Jobs, and its licensors, retain all right, title and interest in and to all past, present and future Content, including User Provided Content (as defined below), audition footage, photos, clips, applications, software, content and materials provided on or through the Website or via email (including, without limitation, the audiovisual works, text, images, photographs, videos, graphics, page headers, editorial and contextual information, the selection and arrangement of elements displayed on or through the Website, the compilation of all content and materials on the Websites, and the business process, procedures, methods and techniques used in the Website) and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world.

Film Jobs, the Film Jobs logo, photo images, video, and audition footage are the registered or common law or trademarks of Film Jobs, and all other proprietary trademarks, service marks, trade names, trade dress, slogans, logos, and other indicia of origin that appear on or in connection with the Website are the property of Film Jobs unless otherwise noted and are protected by applicable copyright, trademark, intellectual property and other laws. Film Jobs’ intellectual property, including, without limitation, its trademarks and trade dress, may not be used in any manner that is likely to cause confusion among users, or in any manner that disparages Film Jobs. All rights are expressly reserved.

All third party trademarks, logos, photographs, images, audio and audio-visual content, programming, and other intellectual property contained on or within the Websites are the property of the respective third parties, including the respective Content owners, and may be protected by applicable copyright, trademark or other intellectual property laws and treaties. Each such third party expressly reserves all rights into such intellectual property. Use of third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to Film Jobs to enforce any of your rights in relation thereto. Except as expressly set forth in these Terms of Use or otherwise expressly granted to you in writing by Film Jobs, no rights (either by implication, estoppel or otherwise) in or to the Website or their contents are granted to you.

4. User Provided Content.

Portions of the Website may allow you and other Users to upload or transmit data, information, text, images, software, audio, photographs, graphics, video, messages, tags, or other materials to or through the Websites ("User Provided Content"). For example, the Website may offer forums, bulletin boards, castings, auditions, wikis, chat rooms, blogs or other interactive areas. For User Provided Content, Film Jobs is merely hosting and providing access.

The decision to submit User Provided Content to the Websites is your responsibility and you should only submit content that belongs to you or that will not violate the rights of others. By submitting User Provided Content, you represent, acknowledge, and warrant (a) that you have the right to do so or that you have obtained any necessary third party consents (e.g., under privacy or intellectual property laws), (b) that the User Provided Content does not infringe on the copyrights, trademarks, moral rights, rights of privacy or publicity, or the intellectual property rights of any person or entity, and (c) that no other party has any right, title, claim, or interest in the User Provided Content that would be infringed upon as a result of uploading the User Provided Content. If you submit User Provided Content to the Websites on behalf of a group, organization or business entity, you represent that you have the right to do so and that you have obtained any consents from the group, organization or business. Upon the request of Film Jobs, you agree to furnish Film Jobs with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with this provision. You agree not to accept payment for User Provided Content from any third party, including, without limitation, accepting payment for the inclusion of a logo, brand advertising or other commercial content, in User Provided Content.

Film Jobs cannot vouch for the validity, accuracy or credibility of any User Provided Content, and does not take any responsibility or assume any liability for any actions Users may take as a result of viewing, reading or listening to User Provided Content on the Websites. Through your use of the Website you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretenses, international trade issues and foreign nationals. Film Jobs does not endorse any User Provided Content or any opinion, recommendation, or advice expressed therein. By using this Website, you assume all associated risks, and Film Jobs expressly disclaims any and all liability in connection with User Provided Content.

In addition, you grant to Film Jobs, without any credit or compensation to you, a royalty-free, non-exclusive, worldwide, perpetual, unrestricted, irrevocable, and fully transferable, assignable and sub-licensable license to host, use, modify, display, copy, reproduce, disclose, sell, translate, create derivative works of, distribute, and export any User Provided Content, in whole or in part, or to incorporate it in other works in any form, media, software or technology of any kind now known or hereafter developed or discovered for any purposes whatsoever. You agree that Film Jobs may publish or otherwise disclose your name in connection with your User Provided Content.

You acknowledge, consent and agree that Film Jobs may access, preserve and disclose account information and User Provided Content that you provide if Film Jobs is required to do so by law or if it believes in good faith that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms of Use, (iii) respond to claims that any User Provided Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Film Jobs, its employees, partners and agents or members of the public.

Film Jobs undertakes no obligation to pre-screen User Provided Content, but reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Website. You acknowledge, consent and agree that Film Jobs, at its sole discretion and without notice to you, may review, censor, delete, move, edit, block access to or prohibit the transmission or receipt of any User Provided Content or other information, in whole or in part, for any reason whatsoever, including but not limited to User Provided Content that Film Jobs deems obscene, defamatory or libelous in nature, that invades the right of privacy or infringes any right of any person or entity, is unlawful, is offensive or otherwise inappropriate, or that Film Jobs believes to be in violation of these Terms of Use.

You are solely responsible for all User Provided Content that you make available via the Website or via email. Under no circumstances will Film Jobs be liable to you in any way for any User Provided Content that you upload, post, email, or otherwise make available via the Website or other communications including, but not limited to, any errors or omissions in User Provided Content, or for any loss or damage of any kind incurred as a result of User Provided Content. In addition, you hereby release Film Jobs from any and all claims, liens, demands, actions or suits in connection with the User Provided Content, including, without limitation, any and all liability for any use or nonuse of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. Except for the rights granted in these Terms of Use, Film Jobs acquires no title or ownership rights in or to any User Provided Content you submit and nothing in these Terms of Use conveys any ownership rights in the User Provided Content you submit to Film Jobs.

5. Third Party Content and Linked Sites.

Third parties, including Users, provide some of the Content of this Website. Film Jobs makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any content supplied by third parties and will not be liable for any lack of the foregoing or for any errors or omissions in any content supplied by third parties. In addition, third parties may offer jobs, castings, auditions, opportunities, goods, services and other materials to you on the Website or as part of our service or referrals. Such dealings are solely between you and the third party. Film Jobs will not be responsible for any loss or damage of any sort incurred as the result of any such dealings. Film Jobs makes no warranty concerning, is not responsible for and does not endorse any third party provided jobs, hirings, auditions, opportunities, goods, services or other materials, and you agree that any recourse for dissatisfaction or problems with those opportunities, goods, services or other materials will be sought from the third party provider and not from Film Jobs.

Descriptions of, or references to opportunities, products, services, materials or publications within the Website do not imply endorsement by Film Jobs of that opportunity, product, service, material or publication. The Website may include links to other sites that are not maintained by Film Jobs. Websites of those third parties are subject to terms and conditions different from those found here and it is your responsibility to ensure that you have read and understood them. Film Jobs is not responsible for the content of those sites, does not endorse those sites, and makes no representations whatsoever concerning the content or accuracy of such other sites. If you decide to access any third party site linked to the Websites, you do so entirely at your own risk, and you may be exposed to offensive, indecent or objectionable content. Film Jobs shall have no liability for any loss or damage arising from your use of any such sites.

6. Limited License.

Subject to your compliance with these Terms of Use, Film Jobs grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to:

View and listen to the Content contained on the Website;
Participate in the Websites' community areas and communicate with other Users; and
Download the Content contained on the Websites onto a computer or other personal electronic device for your personal, non-commercial home or archival use only, provided you do not delete or change any copyright, trademark, or other proprietary notices contained therein.

In addition to the foregoing, you may not use the Content for development of data-related products or services, the creation of any database product, or for data provision services. Unless separately and specifically licensed to do so in writing by Film Jobs, you agree not to re-transmit, disclose or distribute any Content to any other person, organization or entity. You expressly agree that the Services and Content shall be used solely for your own benefit and that the Content (including print publications, if applicable) shall not be redistributed or republished by you. You understand and agree that the features of the Services are subject to change without notice to you.

You may not take any action to jeopardize, limit or interfere with Film Jobs’ ownership of and rights with respect to the Websites or any Content. The use, copying, sale, leasing, renting, lending, distribution, modification, downloading, creating of derivative works, posting or publication by you, directly or indirectly, of any Content, or any other use of such Content, except pursuant to the foregoing express limited grant of rights, is strictly prohibited. Bots, crawlers, spiders, data miners, scraping and any other automatic access tool are expressly prohibited. You acknowledge that any unauthorized copying or unauthorized use of the Websites or of any Content is a violation of these Terms of Use and is strictly prohibited. Violation of this limited use license may result in immediate termination of your access and use of the Websites and may result in legal action against you..

7. Restrictions on Use.

This Website is provided for lawful purposes only. By accessing or using this Website, you agree and warrant that in connection with your use of the Websites you will not:

alter any trademark, copyright and other proprietary or legal notices contained in the Website; or
manipulate the Website in any way not intended and directed by Film Jobs; or
copy or seek to copy or "rip" any audio, video or audiovisual content from the Website; or
exploit any part of the Website for commercial gain or undertake any commercial activity utilizing the contents of the Websites without the prior written consent of Film Jobs, including, for example, inserting your own or a third party's advertising, branding or promotional content into the Website’s contents, materials or services; or
upload, post, e-mail, transmit, display, copy, distribute, promote, or otherwise communicate to the public:

any material that is false, unlawful, threatening, tortious, disparaging, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, harassing, or that promotes violence, racial hatred, terrorism, or illegal acts, or anything that in Film Jobs’ sole discretion is otherwise objectionable; or
information, software, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark, patent, trade secret, rights of privacy or publicity, confidential information or any other proprietary right; or
material of any kind that restricts or inhibits any other user's uninhibited use and enjoyment of the Websites or interferes with, overburdens, impairs or disrupts the Website, including material that contains a virus, Trojan horse, time bomb, worm, spyware, adware, malware, bot, any automated system, such as scripts, or any other harmful component; or
any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of solicitation; or
use or attempt to use another person's information, account, password, service or system except as expressly permitted; or
impersonate another person or entity; or
engage in any conduct that in Film Jobs’ sole discretion restricts the ability of any other person to enjoy the use of the Websites; or
solicit or collect personal data including telephone numbers, addresses, last names, email addresses, or any other kind of information about users.

8. Copyright Notices and Celebrity Material Infringement.

Film Jobs takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Websites infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices by email is legal@filmjobs.la

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:

Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Websites may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

Completed Counter-Notices should be sent to legal@filmjobs.la

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Right of Publicity.

Please be aware that celebrities, and sometimes others, may have a "right of publicity," which means that they may have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. Although you may be a fan, you risk infringing celebrity rights if you use a celebrity name or likeness on the Websites and you don't have the celebrity's permission. Film Jobs reserves the right to remove any Content contained in or posted to the Website that Film Jobs determines in its sole discretion does or may allegedly infringe another person's copyright, trademark, celebrity material or other rights.

Notices to Film Jobs regarding any alleged infringement on the Website should be directed to the Film Jobs’ General Counsel's Office at legal@filmjobs.la

9. Entire Agreement.

You acknowledge and agree that these Terms of Use, the Privacy Policy, any applicable end user license or similar agreements contain the entire agreement between the parties relating to the Website; provided, however these Terms of Use do not alter in any way the terms or conditions of any other agreement User may have with Film Jobs or its affiliates. If any provision in these Terms of Use is invalid or unenforceable under applicable law, that part will be deemed severable and the remaining provisions will continue in full force and effect. Each Affiliate expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

10. No Oral Agreements or Modifications.

There shall be no amendment or modification of these Terms of Use unless the same is in writing and signed by an authorized representative of Film Jobs. Oral agreements shall expressly be non-binding and unenforceable.

11. Dispute Resolution.

Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this agreement.

If a dispute arises between you and Film Jobs (or any of our affiliates), our goal is to provide you a neutral and cost effective means of resolving the dispute quickly.

Negotiations.

Before initiating any arbitration or court proceeding, you and Film Jobs agree to first attempt to negotiate any dispute, controversy or claim related to the Website, these Terms of Use or the Privacy Policy, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (each, a “Claim”) (except those Claims expressly provided in Section 11.7 below) informally for at least thirty (30) days. Negotiations will begin upon written notice. Film Jobs will send its notice via Certified Mail to your billing or other physical address (if on file with Film Jobs) and email you a copy to the email address you have provided. You agree to send your notice via email to Film Jobs General Counsel at the email address of legal@filmjobs.la

Binding Arbitration.

This Section 11 is referred to in these Terms of Use as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Film Jobs or a Film Jobs affiliate, whether relating to these Terms of Use (including any alleged breach thereof), or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Arbitration Procedures.

The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) as modified by this agreement. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online at adr.org. You and Film Jobs agree that the Terms of Use evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law.

An arbitrator may not award relief in excess of or contrary to what the Terms of Use provides, including Section 18 Limitation of Liability, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party’s actual economic damages, except that the arbitrator may award on an individual basis damages expressly required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the AAA Rules applicable to large/complex cases, the arbitrator(s) must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.

As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms of Use, (i) you and Film Jobs may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law. BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND FILM JOBS ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

Arbitration Fees.

All administrative fees and expenses of arbitration will be divided equally between you and us, except that for claims of less than $500, you will be obligated to pay $25 and we will pay all other administrative costs and fees. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.

Location.

The arbitration will take place in your hometown area if you so notify Film Jobs in your notice of arbitration or within five (5) days following receipt of Film Jobs’ arbitration notice. In the absence of a notice to conduct the arbitration in your hometown area, the arbitration will be conducted in Los Angeles, California, unless the parties agree to video, phone or Internet connection appearances.

Prohibition of Class and Representative Actions and Non-Individualized Relief.

YOU AND FILM JOBS AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE CLAIM BETWEEN FILM JOBS AND YOU INDIVIDUALLY. YOU AND FILM JOBS AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER.

Exceptions to Negotiations and Arbitration.

You and Film Jobs agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claims seeking to enforce or protect, or concerning the validity of, any of your or Film Jobs’ intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such courts’ jurisdiction in lieu of arbitration, provided that any such action or proceeding must be commenced no later than one year after the accrual of the Claim giving rise thereto.

Severability.

You and Film Jobs agree that if any portion of the Arbitration Agreement is found illegal or unenforceable, that portion will be severed and the remainder of this section will be given full force and effect. If for any reason the Arbitration Agreement is deemed inapplicable or invalid, you and Film Jobs both agree (i) that all Claims will be exclusively decided either the courts of the State of California situated in the County of Los Angeles, and you and Film Jobs agree to submit to the personal jurisdiction of those courts, and (ii) that you and Film Jobs both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity. By using this Website, you accept generally and unconditionally the jurisdiction of the aforesaid courts and irrevocably waives any objection to such jurisdiction.

12. Governing Law, Jurisdiction and Venue.

All matters related to the Website and these Terms of Use (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with California law; provided, that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 13. Unless Film Jobs and you agree otherwise, in the event that the Arbitration Agreement is deemed inapplicable or invalid, you and Film Jobs both agree that all Claims will be exclusively decided by either the courts of the State of California situated in the County of Los Angeles, and you and Film Jobs agree to submit to the personal jurisdiction of those courts. By using this Website, you accept generally and unconditionally the jurisdiction of the aforesaid courts and irrevocably waives any objection to such jurisdiction.

13. Recovery of Fees.

You agree that if Film Jobs takes action (by itself or through its representatives) to enforce any of the provisions of these Terms of Use against you, including collection of any amounts due to Film Jobs, Film Jobs shall be entitled to recover from you (and you agree to pay), Film Jobs’ reasonable and necessary attorney’s fees and any costs of any litigation, in addition to all sums to which Film Jobs is entitled or any other relief, at law or in equity, except as otherwise limited herein.

14. Limitation of Liability.

Incidental Damages and Aggregate Liability.

In no event will Film Jobs or any of ITS AFFILIATES be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Website, including without limitation damages related to any information received from the Websites, removal of content from the Websites, including profile information, any email distributed to any User or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Websites, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Film Jobs, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL FILM JOBS’ AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE WEBSITES, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, OR, IF YOU HAVE NOT PAID FILM JOBS FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 OR ITS EQUIVALENT.

No Liability for non-Film Jobs Actions.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FILM JOBS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF COMPANIES OR USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

In addition to the preceding paragraphs of this section and other provisions of these Terms of Use, any advice that may be posted on the Website is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Film Jobs makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Websites. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified specialist.

15. Indemnity.

You agree to and shall defend, indemnify and hold harmless Film Jobs, its affiliates and its and its affiliates’ directors, officers, employees, agents, representatives, members, joint venturers, licensors, suppliers, vendors, distributors, advertisers and other contracting parties (hereinafter “Affiliates”) from and against any and all claims, losses, expenses, including reasonable legal fees or demands of liability, including reasonable attorneys’ fees and costs incurred by Film Jobs and its affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Website, or (ii) use of the Website by you in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims. Film Jobs and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of Film Jobs. Users further agree to hold harmless Film Jobs and its Affiliates from any claim arising from a third party’s use of information or materials of any kind that Users post to the Websites.

16. Disclaimers of Warranty.

THE WEBSITES (INCLUDING THE PREMIUM SERVICES) AND ALL CONTENT PROVIDED THROUGH THE SAME ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FILM JOBS, AND EACH OF ITS AFFILIATES, SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, NO WARRANTIES WILL BE IMPLIED BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE.

YOU ACKNOWLEDGE THAT ALL INFORMATION AND SERVICES PROVIDED IN CONNECTION WITH THIS WEBSITE ARE COMPILED FROM AND DISTRIBUTED BY SOURCES THAT ARE OFTEN BEYOND THE CONTROL OF FILM JOBS. FILM JOBS MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (II) THE WEBSITE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, (III) ANY RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, TIMELY, COMPLETE OR RELIABLE, (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (V) THE WEBSITE, NETWORKS OR SERVERS THAT MAKE THE WEBSITES AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, TROJAN HORSES, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. OPERATION OF THE WEBSITES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF FILM JOBS’S CONTROL INCLUDING, BUT NOT LIMITED TO, TELECOMMUNICATIONS NETWORK DISRUPTIONS. FILM JOBS IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR ANY FAILURES OF THE INTERNET OR ANY DATA OR TELECOMMUNICATIONS EQUIPMENT, SYSTEM OR NETWORK USED IN CONNECTION WITH THE WEBSITES. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE WEBSITES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITES (INCLUDING THE PREMIUM SERVICES) IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE WEBSITES.

17. Contact Information.

If you have any questions about these Terms of Use or your rights or Film Jobs’ obligations relating to the Websites or the Paid Services, please email us at legal@filmjobs.la

18. Electronic Communications

You consent to receive communications from Film Jobs electronically. We will communicate with you by email or by posting notices on the Websites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in “writing.” Notice will be deemed given 24 hours after it is posted on any of the Websites or sent via email. Alternatively, Film Jobs may still decide to provide notice by certified mail to the address provided in a User’s payment information.