Site User Agreement Terms

     

  Audition Base.com's User Agreement



GENERAL RULES
The Site is an Internet service of audition base.com (“Audition Base.com”) and you agree to abide by all of the provisions of these Conditions between you and Audition Base.com in respect of the Site. Audition Base.com may vary, add or remove sections of these Conditions at any time and any such variations or changes shall be posted on the Site as notification.

Audition Base.com may change, suspend or discontinue any aspect of the Site or Service at any time, including the availability of any Service, subscriber, production company, database, feature, aspect or content of the Site or Service. Audition Base.com may also at any time impose certain restrictions or restrict your access to parts or all of the Site or the Service without notice or liability.

 

1. THE SERVICE
Audition Base.com's service is an online global audition list Internet website which provides models, actors, extras, etc., opportunities to find suitable auditions.

2. SERVICE TERMS

Please refer to our Service Terms incorporating the specific terms relating to the provision of relevant Services to you. The following terms shall apply where we provide you with work finding service.

We will always seek to notify you of any changes and terms of offer applicable to any Service to be provided to you before such Services are provided.

The information we provide relate to:

• details of the applicable fee;
• whether we are prohibited from charging a fee for such service by legislation;
• description of the relevant service;
• our details and administration or contact information;
• whether any rebates or refunds are applicable to the fees;
• the foregoing information in the event that we vary the relevant services or fees;
• the specific length of notice required for termination of the relevant Service.

Prior to provision of any services, you are required to indicate your acceptance of terms. Such acceptance of these Conditions and the terms of any Service can be through the application form, clicking on the acceptance button or by usage of the relevant Service. You will be required to agree the variations to those terms from time to time in respect of the continued provision of the Services.





3. REGISTRATION AND SECURITY
As part of the registration process, you may be required to complete an application form, select a password and a user ID. You may also have to give us certain requested registration information and confirm that all such information provided shall be true, accurate and updated when changed.

You acknowledge that you shall not be entitled to select or use a user ID of any other user or person without the prior express consent of that person and shall only use a user ID that Audition Base.com in its sole discretion, does not consider inappropriate or offensive.

Failure to comply with the foregoing shall constitute a breach of these terms, which may result in immediate termination of your registration, access or use in respect of this Site or any Service. Each user shall be responsible for maintaining the confidentiality of their password and security details of their registration.

You are responsible for all usage or activity on your computer, including use by any third party authorised by you to use your user ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your use of the Site or any Service at Audition Base.com's sole discretion, and Audition Base.com may refer you to appropriate law enforcement agencies.

You shall forthwith notify Audition Base.com of any known or suspected unauthorized use(s) of your registration or user ID, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or information.

Please review our Data Security Policy , for details of our policy and to understand our practices and your obligations.

4. FEES AND PAYMENTS
In no event will you be charged for access to the Site or any Service unless we obtain your prior agreement to pay such charges. Subject to applicable legislation, Audition Base.com reserves the right at any time to charge fees for access to any part of the Site or in respect of any part of the Service or the Service as a whole.

Audition Base.com will display notice of such fees and provide an opportunity for you to accept such charges before they are imposed. All fees and charges shall be invoiced to and paid for by you. Non-payment of fees promptly on the due date will be grounds for termination by us of your use of the relevant Service.

You shall pay all applicable taxes relating to use of the Service through your account.


 

5. MEMBER CONDUCT
The Audition Base.com.com service is provided to individuals only. Any unauthorized commercial use of the Service, or the resale of its services, is prohibited. You must not use the Service to solicit business for any competitive service. You agree to abide by all applicable local, state, national and international laws, regulations, ordinances, by-laws and rules and are solely responsible for all acts or omissions that occur under your account name or password, including, without limitation, the content of your transmissions through the Service. You agree not to:

a. create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of a message;

b. transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs;
c. interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;

d. use the Service to violate any applicable law restricting the export or import of data, software or any other content:

e. use the Service in any unethical manner or contrary to accepted community standards.

f. harvest or otherwise collect information about others, including email addresses, without their consent;

g. use the Service in connection with chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise);

h. interfere with another member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.

i. gain or attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or by any other means;

j. transmit any material that may infringe the intellectual property rights or other rights of third parties, including without limitation, trade marks or copyright;

k. transmit through the Service unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, offensive or otherwise objectionable material;

6. MEMBER PRIVACY
Audition Base.com's policy is to respect the privacy of its members. Audition Base.com will not monitor, edit, or disclose any personal information about you or your account, including its contents, without your prior permission unless Audition Base.com believes that such action is necessary or if it is required to do so to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Audition Base.com; (3) enforce this agreement; or (4) act to protect the interests of other members or third parties.

7. TERMS OF MEMBERSHIP
Your Special Offer and any subsequent subscriptions are governed by all of the terms and conditions on the Audition Base.com site, including but not limited to the Audition Base.com Terms of Use. The Terms of Use can be found by going to Audition Base.com and clicking on the "User agreement" link on the help page.

8. PRIVACY POLICY
Please review our Privacy Policy and Data Protection Policy, which also governs your visit to the Site and use of or access to any Service on the Site, to understand our practices and your obligations.

9. COPYRIGHT
Please review our Copyright Notice which also governs your visit to the Site and use of or access to any Service on the Site, to understand our practices and your obligations.

Audition Base.com grants you a non-exclusive limited license to access and make personal use of this Site only as set out in the policy. All content included on the Site (such as text, graphics, logos, button icons, images, audio clips, digital downloads, databases, data compilations, and software), is and remains the exclusive property of Audition Base.com or its content suppliers and is protected by law.

All software used on this Site is the exclusive property of Audition Base.com and/or its software suppliers and is protected by copyright and other laws. No part of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose without express prior written consent of Audition Base.com.

The limited license granted to you does not include any resale or commercial use of this Site or any of its contents or any derivative use of this Site or its contents, or any downloading or copying of information for the benefit of any other person or entity or any use of data gathering and extraction tools save as expressly permitted in advance by Audition Base.com in writing.

10. CONFIDENTIALITY
If you use this Site, you are responsible for maintaining the confidentiality of your use and any password provided and for restricting access to your computer. Please put any relevant safeguards in place as you agree to accept responsibility for all activities that occur under your use or password.

11. FRAMING AND LINKING
Please review our Linking and Framing Terms which also governs your visit to this Site and use of or access to any Service on the Site, to understand our practices and your obligations.

Under no circumstances shall you use any meta-tags or any other "hidden text" utilizing the Site or Audition Base.com's name or trademarks without the express prior written consent of Audition Base.com. You also agree not use any of the Site or Audition Base.com's logo or other proprietary graphic or trademark as part of the link without express written permission.

Any unauthorized use terminates the permission or license granted by Audition Base.com to you in relation to this Site.

Any permitted link to this Site is always subject to the condition that such link shall not under any circumstances portray the Site, Audition Base.com or its affiliates, or their products or services in a prejudicial, false, misleading, derogatory, or otherwise offensive manner.

12. LIMITATION ON LIABILITY
Audition Base.com is 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 e-mail or redemption to be received by Audition Base.com on account of technical problems or traffic congestion online or on the Internet or at any web site, or any combination thereof including any injury or damage to entrant's or any other person's computer related to or resulting from downloading any materials consistent with this Special Offer or subsequent use of Audition Base.com. If, for any reason, the Special offer is not capable of running online as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Audition Base.com which threatens or corrupts or adversely affects the administration, security, fairness, integrity or proper conduct of this Special offer, Audition Base.com, reserves the right, in its sole discretion, to cancel, terminate or suspend the Special offer and/or any Special Offer.

13. COMMUNICATIONS / INFORMATION
Unless you indicate on your registration form or otherwise at any time to Audition Base.com that you do not want to receive such information, Audition Base.com, its owners and assigns, reserve the right to provide you with information about its related services and products.

You agree and acknowledge that Audition Base.com reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Site or Service. You may cancel these rights at any time upon notification to Audition Base.com in writing or by e-mail to admin@Audition Base.com.com 

Audition Base.com reserves the right to disclose information about your usage and demographics, provided that it will not be entitled to reveal your personal identity in connection with the disclosure of such information.

For more information about our practice relating to your data and information please read the Audition Base.com Privacy and Data Protection Policy.

14. REPRESENTATIONS AND WARRANTIES
Audition Base.com (and its operators or affiliates) do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed on this Site or 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 Site, the Service and all downloadable software are distributed on an "as is" basis without warranties of any kind, either express or implied (to the fullest extent permissible by law) including, without limitation, express warranties or implied warranties of satisfactory quality or fitness for a particular purpose.

You represent, warrant and covenant that no communications or materials of any kind submitted through you will violate or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights. In addition, you will not make or submit any defamatory or unlawful material to the Site or to any Service. You agree to indemnify, defend and hold harmless Audition Base.com (and all its officers, directors, owners, agents, information providers, affiliates, licensors and licensees) from and against any and all liability and costs, including, without limitation, reasonable legal fees, incurred by them in connection with any claim arising out of any breach by you or any user of your account (if applicable) or of these terms or the foregoing representations, warranties and covenants.

15. PROPRIETARY RIGHTS TO CONTENT
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material accessible to you by virtue of membership is protected by copyrights, trademarks, service marks, patents or other intellectual property rights and laws. Unless you are expressly authorized to do so, you must not sell, lease, modify, copy, republish, upload, download, post, broadcast, transmit, or distribute in any way content available through the Service, including code and software. You further acknowledge and agree that any information provided by or through Audition Base.com is for information purposes only and is not intended to constitute professional advice.

16. CHARGES AND USE OF SERVICE
The cost of the Service you use will be charged to the credit card, checking account debiting or PayPal account designated by you. You acknowledge that you are solely responsible for ensuring that no unauthorized use of your account occurs and that any risk associated with the transmission of information over the Internet or through the Service is your responsibility. You further acknowledge and agree to pay the charges for use of the Service in accordance with the agreed upon price you authorized.

17. APPLICATION AND VARIATION OF TERMS AND PRICING
This Agreement, which includes the registration form, sets out the terms on which Audition Base.com provides the Service. The current applicable charge is $24.95 per month.

Also currently available are discounted prepaid packages as follows: US $24.95 per month, US$50.00 per 3 months, US $80.00 per 6 months and US $150.00 per 12 months.

Discounted term packages (3,6,12 month) will be charged as recurring charges for the whole term and are non refundable (requests for refunds will be reviewed on a case by case basis with the possibility of only a rated refund). The initial contracted term of this Agreement is twelve (12) months, and automatically renews unless terminated by either party with 30 days written notice. By accessing the Service you are committed to the above terms.

18. SUSPENSION OF SERVICE
Audition Base.com may, with notice of why and when, suspend the Service or disconnect, deny or restrict your access to the Service: (a) during any technical failure of, modification or maintenance to the Service, but Audition Base.com will use reasonable endeavors to procure the resumption of the Service as soon as reasonably practicable; or (b) if you use the Service in breach of this Agreement until the breach (if capable of remedy) is remedied, or if you do or fail to do anything which in Audition Base.com's opinion may have the affect of jeopardizing the operation or integrity of the Service or any other service. Despite suspension, disconnection, denial or restriction of the Service under this clause you remain liable for all charges due throughout the period of suspension, disconnection, denial or restriction.

19. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
To the extent permitted by law all terms, warranties, undertakings, inducements and representations relating to the Service are excluded and Audition Base.com will not be liable for any loss or damage (including without limitation indirect, special or consequential loss or damage) arising from the Service whether or not caused by any negligent act or omission. If any legislation implies any term or warranty that cannot be excluded, Audition Base.com's sole liability will be, in the case of goods or services, to re-supply of the goods or services, or to pay for the cost of having the goods or services re-supplied. To the extent permitted by law, Audition Base.com is not liable for the unavailability of the Service at any time or for any reason, or for any failure of the Service to submit, receive or accept any calls or messages. To the extent permitted by law, Audition Base.com disclaims any warranty in relation to the performance, operation, reliability or availability of the Service. Without limiting the preceding provisions of this clause, Audition Base.com expressly disclaims liability for any loss, damage, costs, expenses and liabilities of whatever nature arising (directly or indirectly) from the use of products proprietary to, or provided by, third parties, or from any recommendation by Audition Base.com that you use or accept such products.

20. STORAGE AND OTHER LIMITATIONS
The amount of storage space per member is limited to 10MB, You agree that Audition Base.com is not responsible or liable for the deletion of, failure to store.

21. INDEMNITY
You indemnify and will keep indemnified Audition Base.com and its employees, subcontractors and consultants from and against all actions, claims, demands, costs or expenses made, sustained, brought or prosecuted or in any manner based upon, occasioned by or attributable to the Service which may arise from or as a result of any breach of the terms of this Agreement by Audition Base.com, its employees, subcontractors or consultants or any unlawful or negligent act or omission of Audition Base.com, its employees, subcontractors or consultants.

22. ENDORSEMENTS
All product and service marks that appear on the Audition Base.com web site that are not Audition Base.com marks are the trademarks of their owners. References to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply endorsement, sponsorship or recommendation of the third party information, product or service.

23. APPLICABLE LAW  
By visiting the Site, you agree that the laws of Canada, will govern this Agreement and the interpretation of these terms and conditions (and your use of the Site or Service). You submit to the exclusive jurisdiction of the Canadian  courts.

24. INVALIDITY
If a provision of this Agreement or a right or remedy under it is invalid or unenforceable in a particular jurisdiction: (a) it is to be read down or severed in that jurisdiction only to the extent of the invalidity or unenforceability; and (b) it does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions in any jurisdiction.

25. TERMINATION
You may terminate your usage or access to the Site at any time. In the event of registration or subscription to any Service, you may terminate such subscription or registration at any time in accordance with or subject to agreed terms by sending e-mail to
admin@Audition Base.com.com. Upon termination, you may receive an automated confirmation via e-mail that the request was received, and your subscription or registration will be suspended as soon as reasonably practicable. You will remain responsible for all charges (if applicable) incurred up to the time the subscription or registration is deactivated.

Audition Base.com may, in its sole discretion at any time terminate or suspend your access to all or part of the Site or Service without reason
if it considers that: (a) you have breached any term of this agreement; (b) you are or may be or likely to become insolvent or bankrupt; (c) an unauthorized person is, or may be using, your account; (d) you do not have any prepaid credit. All outstanding charges will become immediately due and payable to Audition Base.com on giving of notice of termination and in no circumstances shall the member be entitled to any refund of payments made except as set forth in the Sections below.

26. WAIVER
A single or partial exercise of a right does not preclude a further exercise of that right or the exercise of another right. Failure by a party to exercise a right or delay in exercising that right does not prevent its exercise or operate as a waiver. A waiver is only effective in the specific instance and for the specific purpose for which it is given.

27. YOUR RIGHT TO CANCEL
You may cancel this contract, without any penalty or obligation, if notice of cancellation is given, within 7 days from the date of your signup. To cancel this contract, please clcick here: http://Audition Base.com.com/cancel_membership.php  and follow the instructions as provided. When you cancel, your billing stops immediately, and no new charges will be billed to you unless you decide to restart your subscription.

28. RIGHT TO REFUND
If you pay a fee and you fail to receive the services promised (fully functional site and Audition Listings), then Audition Base.com shall, upon your written or e-mailed request, return the amount paid by you within 30 days of your request for a refund.

29. PHOTO RELEASE
I hearby assign and grant to Audition Base.com the right and permission to use and/or publish photographs or likeness of me for advertising purposes, promotion or display, in all forms of media. I hereby release and discharge Audition Base.com, it's owners, and employees, and any persons acting on behalf of Audition Base.com from any liability stemming from the publishing of said photos, including, but not limited to, copyright infringement or piracy. I further discharge Audition Base.com from any and all liability for damages caused by any blurring, distortion, alteration, optical illusion, or use in composite form of said picture which may occur during the taking, processing, or production of said picture or the finished product. I understand that Audition Base.com shall have the right to terminate my portfolio for any reason whatsoever. I hereby certify that I am over eighteen years of age, or, in the alternative, that my parent or guardian hereby gives their express consent to my entering into this release.

30. CREDIT CARD DESCRIPTOR
Charges will appear on your credit card statement as: "Audition Base.com phone # goes here".

31. HOW TO REDEEM YOUR FREE MONTH OR FREE CREDIT INFORMATION
To receive your free month or free credit to Audition Base.com you must go to Audition Base.com Special offer page. After that, you will need to complete the online registration forms. You will be required to submit a valid credit card, checking account or PayPal information and pick an Audition Base.com membership package. Your membership allows access to all of Audition Base.com's site features and begins immediately upon approval by Audition Base.com of the above information. Audition Base.com reserves the right to refuse any Special offer or membership for any reason. This offer expires on May 1, 2008. Limit one Special Offer per person. Any attempt by a member or person to redeem more than one Special Offer shall be subject to disqualification of there special offer.
Audition Base.com may discontinue this offer at any time.

32. ELIGIBILITY
Eligibility is limited to non-subscribers of Audition Base.com. Current subscribers are not eligible.

33. BILLING
Upon the completion of your membership you will be automatically billed for an Audition Base.com membership for the rate and term you select when you sign up. Thereafter, your subscription will be automatically renewed accordingly.

34. HOW TO CANCEL
In case you require to cancel your membership and avoid further payments to Audition Base.com you must cancel your membership. To cancel your Gold membership contract, please visit http://www.Audition Base.com.com/cancel_membership.php  and follow the instructions as provided. You may also cancel at anytime via online When you cancel, your billing stops immediately, and no new charges will be billed to you unless you re-instate your subscription.

35. REVIEWS AND COMMENTS
Users of the Site may (where requested or provided) post reviews, comments, and other communications relating to various matters in addition to submitting suggestions, ideas, comments, questions, or other information, Provided Always that such content is genuine, not illegal, obscene, racist, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, deliberately disruptive or otherwise objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, repetitive or meaningless messages, mass mailings, or any form of "spam."

Each user is solely responsible for the content of their messages, reviews, comments or communications. Audition Base.com does not and cannot review every message posted by users or visitors on the Site (whether in respect of the Actor Feedback Forums, web pages, any Service or otherwise) and is not responsible for the content of any messages, reviews, comments or communications. In addition, Audition Base.com reserves the right in its sole discretion to delete or move messages that it, in its sole discretion, deems long winded, abusive, defamatory, obscene, in violation of copyright, trademark or other intellectual property laws, or otherwise unacceptable.

Notwithstanding the foregoing, you accept and acknowledge that any reviews, comments or other submissions you make to the Site or any Service may be published, transmitted, and displayed by the Site without liability for Audition Base.com, the Site or its operators. Accordingly, you will indemnify Audition Base.com and its operators in respect of any liability it suffers or incurs as a result of such content, and hereby waive any legal, moral or other rights you may have in respect of the material.

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a review, comments, postings, submissions, communications or other content. Although Audition Base.com reserves the right (but not the obligation) to remove or edit such content, it does not review posted content and does not intend to change negative comments or reviews into positive comments or reviews or vice versa.

36. WEB CONTENT
The contents of the Site and the Service are intended for your personal non-commercial use. You agree to comply with and abide by all additional copyright notices, policies information, or restrictions contained in relation to the Site or any Service or any content accessed through the Service.

Third parties (including vendors and merchants) provide or may provide certain content in relation to the Service or this Site which Audition Base.com will not be liable for. In addition, no liability shall attach to Audition Base.com or any of its operators or their affiliates for any delays, inaccuracies, errors or omissions in any such content, or in the transmission or delivery of all or any part thereof, or for any damages arising there from.

37. OTHER CONTENT
If you do post communications, content, comments, reviews or submit material, and unless we indicate otherwise, you grant Audition Base.com and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You will indemnify Audition Base.com or its affiliates for all claims resulting from any content, communications, review or comments you post or you supply. Audition Base.com takes no responsibility and assumes no liability for any activity or content posted by you or any third party.

38. DESCRIPTIONS
Audition Base.com and its affiliates attempt to be as accurate as possible. However, Audition Base.com does not warrant that any descriptions or other content on this Site is accurate, complete, current, or error-free. If a product or service is offered by any third party, your sole remedy relates to such party and you acknowledge that Audition Base.com shall not be a party to such contract.

39. OTHER BUSINESSES
Links to the sites operated by any third parties are or may be provided without examining or evaluating any third party, and accordingly Audition Base.com does not warrant the offerings of, any of these businesses or individuals or the content of their Web sites.

You should carefully review the terms, statements and other conditions of engagement, use or trading of any third parties prior to contracting or accepting any contracts, roles or positions.
 

40. MISCELLANEOUS
If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

No third party will have any rights to enforce any provision of these terms and conditions. All other terms (whether implied, express or pursuant to statute) not set out in these Conditions shall be excluded to the fullest extent permitted by law.

The document together with the provisions and policies referred to in the links shall constitute one document and the terms between you and us.

41. ENTIRE AGREEMENT
This Agreement is the entire agreement between you and Audition Base.com. An understanding, arrangement, representation or provision not expressly set out in it is not binding. All correspondence, negotiations and other communications in relation to its subject matter that precede it are suspended by it and merged in it.
 

42. SITE POLICIES
Please review our other policies, posted on this Site as they also govern your visit to the Site. We reserve the right to make changes to the Site, policies, and these terms and conditions at any time.

43. DISCLAIMER
Please review our Disclaimer Notice which also governs your visit to the Site, to understand our practices and your obligations.

This Site and the Service is provided on an "as available" basis and Audition Base.com makes no representations or warranties of any kind, express or implied, as to the operation of the Site, the Service or the information, content, materials, or products included on this Site. You expressly agree that your use of this Site is at your sole risk and Audition Base.com do not guarantee the accuracy of the content on the Site.

Audition Base.com does not warrant that this Site, its servers, or e-mails sent from the Site are free of viruses or other harmful components. Audition Base.com will not be liable for any losses or damages of any kind arising from the use of this Site, including, but not limited to direct, indirect, incidental and/or consequential damages whether or not such loss or damage occurs in the normal course of business.

You acknowledge that the Internet or our systems, servers, and equipment may from time to time be inoperative in full or in part as a consequence of but not limited to mechanical breakdown, power failure, maintenance, hardware or software upgrades, telecommunication connectivity problems or other factors beyond our control. We will not be liable for any failure or inability to provide continuous, error free, uninterrupted services under these or any other circumstances.