(This document is included in the registration portion of the My Actor Life Online Application and Service for your reference.)

 

PLEASE READ THIS AGREEMENT CAREFULLY

TERMS OF USE AGREEMENT
My Actor Life License,
Application and Service Agreement

MYACTORLIFE.COM TERMS OF USE:
BY CLICKING THE “I ACCEPT” BUTTON DISPLAYED AS PART OF THE ORDERING PROCESS, YOU AGREE TO THE FOLLOWING TERMS OF USE AGREEMENT (THE “AGREEMENT”) GOVERNING YOUR USE OF MYACTORLIFE.COM’S ONLINE APPLICATION AND SERVICE, INCLUDING OFFLINE COMPONENTS (COLLECTIVELY, THE “APPLICATION AND SERVICE”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST SELECT THE “I DECLINE” BUTTON AND MAY NOT USE THE APPLICATION AND SERVICE.

Welcome to My Actor Life! This and the other services at myactorlife.com are provided by My Actor Life. Before you register for any service provided at myactorlife.com, you must read and agree to these Terms of Use and the following terms and conditions and policies, including any future amendments (collectively, the “Agreement”):

  • Please see the My Actor Life Privacy Policy, which is incorporated into this Agreement by reference by going here: https://www.myactorlife.com/privacy-policy

This agreement (the “Agreement”) is a legal agreement between you, either an individual or a single legal entity (“You” or “you”), and My Actor Life (“My Actor Life”). This Agreement governs your use of the Application and Service made available with this Agreement, including any updates that may be provided to you and any accompanying written documentation and the Application and Service.

Definitions

Services means job and opportunity logging, calendarisation, reporting and analytics

the Website means the website https://www.myactorlife.com

We / Us etc means My Actor Life, Before Dawn Entertainment and any subsidiaries, affiliates, employees, officers, agents or assigns.

Accuracy of content

We have taken proper care and precautions to ensure that the information we provide on this Website is accurate.  However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.

The information contained on this Website should not take the place of professional advice. 

Use

The Website is made available for your use on your acceptance and compliance with these terms and conditions.  By using this Website, you are agreeing to these terms and conditions.

You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.

You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.  

If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.

We reserve the right to refuse or terminate service to anyone at any time without notice or reason.

Passwords and logins

You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.

Indemnification for loss or damage

You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

Intellectual property and copyrights

We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law.  Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement. 

If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address:

Admin@myactorlife.com

Trademarks

The trademarks and logos contained on this Website are trademarks of My Actor Life, Before Dawn Entertainment.  Use of these trademarks is strictly prohibited except with Our express, written consent.

Links to external websites

This Website may contain links that direct you outside of this Website.  These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, it’s contents or any associated website, product or service.  We accept no liability for loss or damage arising out of or in connection to your use of these sites. 

You may link to our articles or home page.  However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing.  We may withdraw our consent to you linking to our site at any time by notice to you.

Limitation of Liability

We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services.  Statements made are by way of general comment only and you should satisfy yourself as to their accuracy.  Further, all of our Services are provided without a warranty with the exception of any warranties provided by law.  We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.

Information Collection

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy.  By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy.  To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.

Confidentiality

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy.  However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of New South Wales, Australia.  Any disputes concerning this website are to be resolved by the courts having jurisdiction in New South Wales.

We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.

Other terms

Charges And Payment Of Fees

You shall pay all fees to your account in accordance with the fees, charges, and billing terms (as posted on the “Pricing” section of the myactorlife.com Web site) in effect at the time a fee or charge is due and payable. Payments must be made either monthly, bi-annually or annually in advance unless otherwise mutually agreed upon in an Order Form or through the Web Store. All payment obligations are non-cancelable and all amounts paid are non-refundable. You are responsible for paying for the User license ordered for the entire License Term, whether or not the User license is actively used. You must provide My Actor Life and/or its payment processor with a valid credit card or approved purchase order information as a condition to signing up for the Application and Service. My Actor Life reserves the right to modify its fees and charges and to introduce new charges at any time, which notice may be provided by e-mail and/or posted on the myactorlife.com Web site. All pricing terms are confidential, and you agree not to disclose them to any third party.

Billing And Renewal

My Actor Life charges and collects in advance for use of the Application and Service. My Actor Life will automatically renew and bill your credit card, bank account or issue an invoice to you (a) every month for a monthly license, (b) every 6 months for a bi-annual license, (c) each year on the subsequent anniversary for an annual license, or (d) as otherwise mutually agreed upon. The renewal charge will be equal to the then-current license fee in effect during the prior term, unless My Actor Life has given you at least 30 days prior notice to you of a fee increase, which notice may be provided by e-mail, which shall be effective upon renewal and thereafter. Fees for other services will be charged on an as-quoted basis. My Actor Life’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on My Actor Life’s income.

You agree to provide My Actor Life with complete and accurate billing and contact information. This information includes your legal name, street address, e-mail address, and telephone number of an authorized billing contact and License Administrator. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, My Actor Life reserves the right to terminate your access to the Application and Service in addition to any other legal remedies.

Unless My Actor Life in its discretion determines otherwise entities will be billed in U.S. dollars.

If you believe your bill is incorrect, you must contact us in writing within 30 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.

Non-Payment And Suspension

In addition to any other rights granted to My Actor Life herein, My Actor Life reserves the right to suspend or terminate this Agreement and your access to the Application and Service if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 2.0% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for your subscription during any period of suspension. If you or My Actor Life initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that My Actor Life may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. 

Not only does My Actor Life reserve the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Application and Service, but also reserves the right to terminate your account at its sole discretion if your account is 30 days or more delinquent. You agree and acknowledge that My Actor Life has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days or more delinquent. 

Termination Upon Expiration

This Agreement commences on the Start Date you agree to use the Application Service by creating a My Actor Life account on the Application and Service, or as designated on any applicable My Actor Life Order Form, or otherwise. Use of the Application and Service may be terminated at any time in My Actor Life’s sole discretion.

Upon the expiration of the Initial Term, this Agreement will automatically renew for successive renewal terms equal in duration to the Initial Term (or one year, if the Initial Term is greater than one year) at My Actor Life’s then current fees (as posted on the “Pricing” section of the myactorlife.com Web site). Either party may terminate this Agreement, effective only upon the expiration of the then current License Term, by notifying the other party in writing at least five (5) business days prior to the date of the invoice for the following term. You understand and acknowledge My Actor Life does not re-upload Customer Data. If you terminate your account with the Application and Service your account will not and cannot be re-established with your previous Customer Data. You agree and acknowledge that My Actor Life has no obligation to retain the Customer Data, and may delete such Customer Data, more than 30 days after termination. 

Termination For Cause

Any breach of your payment obligations or unauthorized use of the Application and Service Technology or Application and Service will be deemed a material breach of this Agreement. My Actor Life, in its sole discretion, may terminate your password, account or use of the Application and Service if you breach or otherwise fail to comply with this Agreement. In addition, My Actor Life may terminate a free account at any time in its sole discretion. You agree and acknowledge that My Actor Life has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.

General Disclaimer

Every performer’s career experience and situation is unique and therefore any and all information derived from the My Actor Life application and service (including ‘the breakdowns’ section), the contents of the user manual, and/or the combination of the two are to be used as an informational tools only. They, together, or separately, are in no way to be construed as advice, counselling, or any form of career guidance. The charts and breakdown explanations in the ‘the breakdowns’ section are not intended to substitute for informed professional career, medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. The information derived from My Actor Life is only as good and valid as the accuracy of the information entered into the application and service and ultimately how you, the user perceives it. You, the user, assumes all risk of use. My Actor Life and its parent company, My Actor Life assume no responsibility for any inaccuracy, damage or loss resulting from such use. Nor does My Actor Life or My Actor Life endorse, and expressly disclaims liability for any product, manufacturer, distributor, service, service provider, or third party mentioned (or any opinion expressed in the charts and breakdown explanation in ‘the breakdowns’). The information in the manual, including url and other internet site references, are subject to change without notice. 

Internet delays

My Actor Life’s application and service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. My Actor Life is not responsible for any delays, delivery failures, or other damage resulting from such problems.

Limitation of liability

In no event shall either party’s aggregate liability exceed the amounts actually paid by and/or due from you in the twelve (12) month period immediately preceding the event giving rise to such claim. In no event shall either party and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with this application and service, including but not limited to the use or inability to use the application and service, or for any content obtained from or through the application and service, any interruption, inaccuracy, error or omission, regardless of cause in the content, even if the party from which damages are being sought or such party’s licensors have been previously advised of the possibility of such damages.

Account Information And Data

My Actor Life does not own any data, information or material that you submit to the Application and Service in the course of using the Application and Service (“Customer Data”). You, not My Actor Life, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and My Actor Life shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. You understand and acknowledge My Actor Life does not re-upload Customer Data. If you terminate your account with the Application and Service your account will not and cannot be re-established with your previous Customer Data. My Actor Life reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and My Actor Life shall have no obligation to maintain or forward any Customer Data.

Consent To Collect Non-Personal Information; Use Of Data

The Application and Service may collect certain non-personally identifiable information that resides on your My Actor Life Online Application’s Database, including, without limitation, Submission/Audition/Callback/Booking Details & Breakdown Statistics. This information collected will be sent to My Actor Life and may be used by My Actor Life without restriction.

When you enter and upload data via the Application and Service, you agree that we and our service providers may copy and store such data as part of the Application and Service.