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Welcome to www.TheShowBizExpo.com and www.TheShowBizFinder.com (collectively, the "Website"), operated by Film, Stage & ShowBiz Expo LLC, a New York limited liability company ("Operator", "we", "our", or "us"). The Website enables anonymous visitors to the Website ("Visitors") to learn more about us and Film, Stage & ShowBiz Expo ("ShowBiz Expo"), and Visitors who are at least eighteen (18) years of age and not a minor in their state of residence, and who affirmatively indicate their agreement to abide by these Terms of Use (the "Agreement'") by means of a click-through consent, to register for ShowBiz Expo as participants ("Participants") or exhibitors ("Exhibitors", and together with Participants, "Registrants"). Registrants and Visitors shall be collectively referred to herein as "you" or "your". The Agreement sets forth the terms and conditions which govern your use of the Website.
Please read the Agreement carefully before accessing the Website. By accessing the Website, Visitors agree to be bound by the terms and conditions set forth in the Agreement. If Visitors do not wish to be bound by the Agreement, they are not authorized to use the Website.
We reserve the right to modify the Agreement at any time. You agree to review the Agreement periodically to be aware of such modifications. You further agree that your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Agreement. We will indicate that changes to the Agreement have been made by updating the date indicated after "Last Modified" at the beginning of the Agreement. If you do not agree to abide by any modified version of the Agreement, you are not authorized to use the Website. A current version of the Agreement is accessible via the footer of the Website's homepage.
1. ShowBiz Expo.
1.1 About ShowBiz Expo. ShowBiz Expo is an entertainment trade show which brings together performers, musicians, directors, producers, production managers, designers, models, stage crew, publicists and other leading entertainment industry leaders. ShowBiz Expo features numerous exciting and insightful entertainment industry related panel discussions, workshops and classes, and provides a forum for agencies and other parties searching for talent to conduct industry job interviews and live casting calls. Registrants will be eligible to participate in most activities offered at ShowBiz Expo on a first-come, first served basis.
1.2 Participants; Exhibitors. Participants may register for ShowBiz Expo by completing the registration process, as more fully described in Section 2 hereof. Exhibitors must fill out the ShowBiz Expo Exhibitor Application located at www.TheShowBizExpo.com (click on BE AN EXHIBITOR and ONLINE APPLICATION), read the corresponding ShowBiz Expo Exhibitor Guide and agree to the ShowBiz Expo terms and conditions attached to the ShowBiz Expo Exhibitor Application (the "Exhibitor T&C"). Exhibitors acknowledge and agree that by returning the ShowBiz Expo Exhibitor Application to us, or by filling out the ShowBiz Expo Exhibitor Application with a ShowBiz Expo staff member on the phone, via email, and or fax, they agree to abide by the terms of the Exhibitor T&C.
1.3 Directory. Upon registering for ShowBiz Expo (either as a Participant or Exhibitor), Registrants may elect to be listed in the ShowBiz Expo's official Entertainment Industry ShowBiz Directory. Such a listing will include each Registrant's name, phone number, email address, address, website, industry job and other information, which will be sent out to each Registrant along with thousands of other industry professionals via email and other means after ShowBiz Expo. This directory will also be available online at www.TheShowBizExpo.com and www.TheShowBizFinder.com.
1.3.1 Directory Refund Policy. Registrants who choose to be listed in TheShowBizFinder.com will pay a fee (the current fee is listed on the check-out page). There are NO REFUNDS on ShowBizFinder Directory Listings once you complete your ShowBizFinder Directory listing transaction. You may, however, cancel your listing at any time and choose not to renew your listing in the ShowBizFinder Directory. You may do this by logging into your account and canceling your listing.
1.4 Scanning PII. Certain of the personally identifiable information ("PII") and other information provided by Participants at registration will be available to Exhibitors during ShowBiz Expo and thereafter; however, a Participant's credit card information shall not be provided to Exhibitors by us. Specifically, Exhibitors who rent bar code scanners during ShowBiz Expo will be able to scan a bar code contained on each Participant's name tag and obtain certain PII and other information about such Participant. Participants agree that by providing us with their information at registration, Exhibitors are free to use such information.
1.5 Auditions; Job Interviews. Participants may register to participate in various auditions and job interviews at ShowBiz Expo. Participants acknowledge and agree ShowBiz Expo merely provides a forum for such activities and Operator has no control over the parties conducting such interviews or auditions. Participants who elect to participate in an audition may purchase a video of such audition from a third party filming such auditions on behalf of Operator. Such videos will be available for purchase by email after ShowBiz Expo, and instructions of how to purchase such videos will be available during ShowBiz Expo.
1.6 Designer's Showcase. Registrants who are designers (e.g., a Lighting Designer, Set Designer, Make-up Artist, Costume Designer, Set Designer, Graphic Artist, Web Designer or any other type of designer) wishing to showcase their work for producers, production managers and other creatives in the entertainment industry, may purchase space at ShowBiz Expo (the "Designer's Showcase") to showcase their portfolio and display photos, pamphlets, video footage, websites, business cards, etc). Registrants who participate in the Designer's Showcase ("Designers") agree to adhere to all of the terms hereof, and specifically to Section 4.3 hereof.
1.7 Filming of ShowBiz Expo; Grant of Rights to Use Name, Image and Likeness. We will be videotaping and otherwise recording ShowBiz Expo and using the resulting footage for promotional purposes. Each Registrants acknowledges and agrees that such Registrant hereby grants Operator the exclusive, perpetual, worldwide, royalty free right and permission to use, distribute, publish, exhibit, digitize, broadcast, display, reproduce, and otherwise use such Registrant's name, image, likeness, voice and biography (or any copyrighted material or trademarks owned and displayed by such Registrant) in any manner or media whatsoever (whether now known or hereafter devised) for the purposes of advertising or trade in promoting and publicizing ShowBiz Expo, Operator and our products and services.
2. Registration.
2.1 Participant Profile; Password. Participants will receive a user ID and password ("Participant Profile") to access their registration account ("Account"). Participants agree not to allow any third party to use their Participant Profile to access the Website using their Participant Profile and to safeguard the information that would allow another person or entity to access the Website by using their Participant Profile. Participants agree to be responsible for their failure to safeguard such information and/or to allow any other person or entity to access or use the Website by using their Participant Profile. No part of a Participant Profile or Account may be transferred or sold to another party. Participants agree to notify Operator immediately of any unauthorized use of their Participant Profile, Account or the Website. Registrants and Visitors agree that Operator shall not be liable for any loss that results from the unauthorized use of any Participant Profile or Account, either with or without such Participant's knowledge
2.2 Capacity. By checking the "Yes" box in the registration, each Participant acknowledges that such Participant is at least eighteen (18) years of age, not a minor in such Participant's state of residence, and has read, agrees with and accepts to be bound by the terms and conditions set forth in the Agreement. Failure to check the "Yes" box in during the registration process will prevent you from registering for ShowBiz Expo.
2.3 Accurate Information. Participants agree to provide us with accurate, complete and current information during registration, and to update information provided to us if and when such information should change.
2.4 Revocation of Registration. Participants agree that we have the right to cancel their registration to ShowBiz Expo for any reason at any time, in our sole discretion.
3. Commercial Transactions.
3.1 Purchases. Certain products or services, including those services geared to Participants and Exhibitors, may be offered for sale through the Website. In the event Registrants wish to purchase any of these products or services, they will be asked by Operator or an authorized third party on Operator's behalf to supply certain PII, including without limitation, their full name, address, telephone number and credit card information. Registrants agree to provide Opearator or such third party with accurate, complete and current information at all times, and to comply with the terms and conditions of any agreement that they may enter into which governs their purchase of such product or service. Registrants shall be responsible for all charges incurred through their account as well as for paying any applicable taxes.
3.2 Payment. Your right to use any service or product that is available for purchase through the Website is conditional on our receipt of payment for such service or product. If payment cannot be charged to a Registrant's credit card or if a charge is refunded for any reason, including chargeback, such Registrant agrees that we reserve the right to either suspend or terminate your account, and/or any of our obligations hereunder.
4. Intellectual Property.
4.1 Copyright. Any content contained on the Website ("Content") is the property of Operator or its licensors or suppliers and is protected by copyright as a collective work or compilation under the copyright laws of the United States and other jurisdictions. You must abide by all copyright notices or restrictions contained on the Website.
4.2 Trademarks. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Website are Operator's trademarks or those of our licensors, sponsors or suppliers (collectively, the "Trademarks") and are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute or modify any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the Website, without our prior written consent. The Trademarks may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits Operator and/or ShowBiz Expo.
4.3 Designer Content. Designers agree that they own or have acquired sufficient rights to any and all Content displayed by them ("Designer Content") at ShowBiz Expo. Designers also warrant and represent that Designer Content provided by them does and will not infringe (i) any patent, trademark, trade secret, copyright, or other proprietary rights of any party, including without limitation the promoting of an illegal or unauthorized copy of another person's copyrighted work or (ii) any party's proprietary, publicity, privacy, or other rights. Designer further represents and warrants that Designer Content is and will not be defamatory or libelous, or offensive to us (as determined by us in our sole discretion).
5. License. You agree not to use, copy, reproduce, distribute, publish, display, perform, modify, create derivative works of, transmit, retransmit, sell, publish, broadcast, circulate, display or in any way exploit any Content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use. Notwithstanding the foregoing, you may download Content as machine readable copies and/or print copies of any web page, provided that such copies will be used for your own personal (non-commercial) use and not for the purposes of competing in any manner with Operator.
6. Links. The Website may provide links to other websites of possible interest to you. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.
7. DISCLAIMER OF WARRANTIES.
7.1 YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND PARTICIPATION IN ShowBiz Expo IS AT YOUR SOLE RISK. OPERATOR DOES NOT ASSUME ANY RESPONSIBILITY FOR HOW YOU USE THE INFORMATION PROVIDED THROUGH THE WEBSITE OR OBTAINED AT ShowBiz Expo, AND MAKES NO PROMISES, GUARANTEES, PREDICTIONS OF SUCCESS OR ANY CLAIMS TO SPECIAL EXPERIENCE, INSIGHT, OR EXPERTISE IN ENABLING YOU TO OBTAIN SUCH INFORMATION. NO INFORMATION OBTAINED FROM OPERATOR, OR ANY THIRD PARTY PARTICIPATING IN ShowBiz Expo, WHETHER PROVIDED ORALLY OR IN WRITING, SHALL CREATE ANY EXPRESS OR IMPLIED WARRANTY. YOU ACKNOWLEDGE AND AGREE THAT THIRD PARTIES AT ShowBiz Expo WHO TEACH CLASSES OR CONDUCT WORKSHOPS, INTERVIEWS, AUDITIONS OR OTHER ACTIVITIES DO SO EXCLUSIVELY ON THEIR OWN BEHALF AND ShowBiz Expo IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF YOUR INTERACTION WITH SUCH THIRD PARTIES. OPERATOR SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED DIRECTLY OR INDIRECTLY THROUGH YOUR USE OF THE WEBSITE OR PARTICIPATION IN ShowBiz Expo. SPECIFICALLY, OPERATOR DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE WEBSITE AND ShowBiz Expo.
7.2 OPERATOR DOES NOT MAKE ANY GUARANTY OF THE ACCURACY, CORRECTNESS, USEFULNESS OR COMPLETENESS OF, AND IS NOT LIABLE FOR LOSSES OR DAMAGES ARISING FROM, ANY CONTENT APPEARING ON THE WEBSITE, MATERIALS APPEARING AT ShowBiz Expo OR ANY PRODUCTS OR SERVICES PROVIDED THROUGH OR IN CONJUNCTION WITH THE WEBSITE OR AT ShowBiz Expo, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ARISING FROM THE USE OF ANY SUCH CONTENT, MATERIALS, PRODUCTS OR SERVICES. ANY SUCH PRODUCTS OR SERVICES PROVIDED AS PART OF THE WEBSITE OR AT ShowBiz Expo ARE ACQUIRED BY YOU "AS IS" AND "WHERE IS". FURTHERMORE, OPERATOR DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR ANY SERVICES PROVIDED OR ACTIVITIES CONDUCTED BY THIRD PARTIES DURING ShowBiz Expo, INCLUDING WITHOUT LIMITATION ANY PANEL DISCUSSIONS, CLASSES, WORKSHOPS, INTERVIEWS OR AUDITIONS.
8. LIMITATION OF LIABILITY.
8.1 IN NO EVENT SHALL OPERATOR BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR ShowBiz Expo, OR ANY GOODS AND/OR SERVICES ACQUIRED THROUGH THE WEBSITE OR DURING ShowBiz Expo, WHETHER OR NOT OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF OPERATOR TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE VALUE PAID BY YOU FOR THE GOODS AND/OR SERVICES WHICH GIVE RISE TO SUCH A CLAIM, OR (B) ONE THOUSAND DOLLARS ($1,000).
8.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 7 OR 8 HEREOF MAY NOT APPLY TO YOU.
9. Indemnity. You agree to indemnify, defend and hold Operator harmless from any claims, demands or damages (actual and consequential, direct and indirect) of every kind and nature, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of the Agreement, or your violation of any law or the rights of a third party.
10. Third Parties. Your participation, correspondence or business dealings with any third party found on or through the Website or resulting from contacts made during ShowBiz Expo, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Operator shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
11. Privacy. Operator views the protection of your privacy as an important responsibility. The terms regulating the handling of PII and other information by you in connection with the Website is described in our Privacy Policy, which can be found at www.TheShowBizExpo.com/privacypolicy.html. By using the Website, you consent to the collection and use of your PII by us as described in the Privacy Policy.
12. No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Operator by the Agreement.
13. Notices. Except as provided in the following sentence, all notices hereunder shall be given by certified mail, postage prepaid and return receipt requested, to: Film, Stage & ShowBiz Expo, 440 Ninth Ave., 8th Floor, New York, NY 10001, and to a Registrant at the address listed in such Registrant's registrant profile. Notice shall be deemed given three (3) days after the date of the mailing.
14. Governing Law. You acknowledge and agree that the Agreement shall be governed by and construed in accordance with the internal laws of the State of New York, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of New York. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
15. Assignment. You agree not to resell or assign your rights or obligations under the Agreement. You agree that the Agreement may be automatically assigned by Operator, in its sole discretion, to a third party.
16. General. If any provision of the Agreement is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. The Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of the Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
17. Contact Us. If you have any questions or concerns regarding the Website, please contact us by e-mail info@TheShowBizExpo.com or write to us at Film, Stage & ShowBiz Expo LLC, 440 Ninth Ave., 8th Floor, New York, NY 10001.
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