thebookr: direct to talent booking

Legal


TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SITE

We are The Bookr, Inc. and we own and operate this website at www.thebookr.com (the "Site") to provide an online platform to allow direct-to-talent communication and booking.

1. Your Acceptance

By using the Site you agree to: (1) these terms and conditions; (2) our Privacy Policy, which is incorporated herein by reference; and (3) any other legal notices that may be posted on the Site from time to time. The legally binding terms of these documents set out your rights, obligations and restrictions regarding your use of our Site. In order to participate in certain Site  services you may be required to download content, install or download software, or agree to additional terms and conditions. Unless otherwise expressly set forth in any such additional terms and conditions applicable to the specific Site services in which you choose to participate, those additional terms are hereby incorporated into these terms and conditions. If you do not agree to these terms and conditions please do not use the Site. You are only authorized to use the Site if you agree to abide by all applicable laws and these terms and conditions. Please be sure to review our Privacy Policy.

2. Modification of Agreement

We may change or update these terms and conditions from time to time, and any such modifications shall be effective upon posting on the Site. Your use of our Site after a change has been posted constitutes your agreement to any such changes. Please review these terms and conditions periodically to make sure you are up to date on any changes.

3. Eligibility for Use and Membership

Models, photographers, makeup artists, stylists, ("Talent") and clients ("Client") may become members of our Site by registering an account ("Members"). A "Visitor" is someone who is simply browsing through the Site, and is not a Member. Visitors and Members are, at times, referred to herein collectively as "Users".

During the Membership registration process, you will be prompted to provide personal information that allows us to know who you are, such as your name, business name, birth date, address, city, state, country, telephone number, facsimile number, and email address ("Registration Information"). By using our Site, you represent and warrant that: (a) all Registration Information you submit is truthful, accurate, current and complete; (b) you will maintain the accuracy of such Registration Information by updating and revising it promptly; (c) your use of the Site does not violate any applicable law or regulation; and (d) your use of use of the Site does not violate any contract you have with any other third party.

You authorize us to make any inquiries, either directly or through third parties, that we consider necessary to validate your Registration Information. We reserve all rights to take legal action against anyone who misrepresents personal information or is otherwise untruthful about their identity, and to suspend or cancel Memberships established using inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that we cannot guarantee the accuracy of any information submitted by any User.

You affirm that you are 18 years of age or older, or an emancipated minor. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms and conditions, and to abide by and comply with these terms and conditions.

The Site is not intended for access or use anyone under the age of 18. If you are under 18 years of age, or if you are considered a minor by your local jurisdiction, you are not authorized to use our Site. We cannot absolutely control whether minors gain unauthorized access to our Site, but your Membership may be terminated without warning, if we discover that you are less than 18 years of age.

If you are the parent or legal guardian of a child under the age of 18, you may set up, administer, and manage an account for that child. You are solely responsible for the account and for managing any transactions through the Site. Children may not access or manage the account or any transactions. You may be required to show proof of your status as a parent or guardian. You agree, on behalf of yourself and your child, to abide by these Terms of Use and the Privacy Policy, as applicable, in addition to any other policies or guidelines established by us pertaining to children. Newborns and infants must wear at least a diaper in all pictures. All pictures of children must be in good taste and age appropriate. Sexually suggestive pictures or poses of children are prohibited.     

4. Registration Information and Membership Security; Fees; Access to the Site.

During the Member registration process, you will be asked to select a user name ("User Name"). Each Member is required to have a unique User Name. You may not select as your User Name, in whole or in part, the name of another Member to the extent that it causes deception or confusion; a name which violates any trademark right, copyright, or other proprietary right; or a name which we deems in our sole discretion to be vulgar or otherwise offensive. You are fully responsible for all activities conducted through your Membership or under your User Name.

During the registration process you will also be asked to choose a password. You are entirely responsible for maintaining the security of your password. You agree not to use another Member's account or password at any time, or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your Membership or access to your password. You should never respond to an online request for a password other than in connection with the log-on process for the Site. Your disclosure of your password to any other person is entirely at your own risk. Although we will not be liable for your losses caused by any unauthorized use of your Membership, you may be liable for our losses or the losses of others as a result of such unauthorized use.

We do not provide Internet access. You are solely responsible for any fees associated with your Internet connection. You acknowledge that we reserve the right to charge for some or all aspects of the Site or the Site services. You may cancel your Membership at any time through the Site.

We have the right at any time for any reason or no reason to suspend or terminate your Membership, terminate these terms and conditions, or refuse any and all current or future use of the Site without notice to you or liability to us. In the event that we suspend or terminate your Membership or these terms and conditions, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees, any content or data associated with your Membership, or for anything else.

We reserve the right to interrupt the Site with or without prior notice for any reason or no reason. You agree that we will not be liable for any interruption of the Site, delay or failure to perform, and you understand that except as may be otherwise specifically provided for in these terms and conditions you shall not be entitled to any refunds of fees for interruption of service or failure to perform. We have the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Site as it sees fit in its sole discretion.

4.1 Talent Registration

In order to use the Talent membership features of the Site, Talent is required to register an account at the Site. Talent must be at least 18 years of age, or the age of majority in the applicable jurisdiction, whichever is higher. You may be required to produce notarized copies of any legal form of identification to prove your age. We, in our sole discretion, may determine any other applicable criteria for Talent registration.

4.2 Client Registration

In order to use the Client membership features of the Site, Client is required to register an account at the Site. We, in its sole discretion, may determine any applicable criteria for Client registration. Your Client registration with the Site is not transferable to any other party for sale or for lease.

4.3 Payment Information

Client and Talent are required to make payments to us using our payment system through the Site.

Commercial Use

You acknowledge that you and other Members may make use of the Site in connection with commercial uses so long as such use is consistent with the terms of these terms and conditions. The Site and its services are for the commercial use of Members and may only be used in connection with commercial endeavors that are specifically allowed by us. Illegal or unauthorized use of the Site, including collecting User Names or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site is prohibited. Unapproved commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership. Appropriate legal action may be taken for any illegal or unauthorized use of the Site.

6. Content

6.1 Access to Content

You acknowledge that: (i) by using the Site, your membership may entitle you to access to pictures, digital images, graphics, music, video, audio, text and other creative output (collectively, "Content"), and (ii) this Content may be provided under license by independent content providers, including contributions from other Member and Users (all such independent content providers are "Content Providers"). We do not pre-screen any content posted by Content Providers.

You acknowledge that we, Members, Users and other Content Providers have rights in their respective Content under copyright and other applicable laws and treaty provisions, and that except as described in these terms and conditions, such rights are not licensed or otherwise transferred by mere use of the Site or a given Service. You accept full responsibility and liability for your use of any Content in violation of any such rights.

6.2 Ownership of Content; License

You retain copyright and other intellectual property rights with respect to your Content, to the extent that you have such rights under applicable law. However, you must make certain representations and warranties, and provide certain license rights, forbearances and indemnification, to us and to other Users of the Site.

Notwithstanding the foregoing, you understand and agree that by submitting your Content to any area of the Site, you automatically grant (and you represent and warrant that you have the right to grant) to us: (a) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to (i) use, reproduce and distribute your Content within the Site as permitted by you through your interactions on and through the Site, and (ii) use and reproduce (and to authorize third parties to use and reproduce) any of your Content in any or all media for marketing or promotional purposes in connection with the Site, provided that in the event that your Content appears publicly in material under our control, and you provide written notice to us of your desire to discontinue the distribution of such Content in such material (with sufficient specificity to allow us, in our sole discretion, to identify the relevant Content and materials), we will make commercially reasonable efforts to cease our further distribution of such Content following the receipt of such notice (and you understand that we cannot provide any assurances regarding materials produced or distributed prior to the receipt of such notice); (b) the perpetual and irrevocable right to delete any or all of your Content from our servers and from the Site, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party; and (c) a royalty- free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to copy, analyze and use any of your Content as we may deem necessary or desirable for purposes of debugging, testing and/or providing support services in connection with the Site. Further, you agree to grant to us a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive, sub-licensable right and license to exercise the copyright, publicity, and database rights you have in your Membership information, including any data or other information generated by your Membership activity, in any media now known or not currently known, in accordance with our Privacy Policy.

6.3 Your Use of Content

Content available through the Site is provided to you AS IS for your information and professional use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners or as expressly provided in these terms and conditions. We reserve all rights not expressly granted in and to the Site and Content. You may access User Content solely for your professional use, as intended through the normal functionality of the Site.

Members have the opportunity to provide comments about Content, Talent profiles and any number of topics on the Site ("Comments"), and these Comments are made available to Members for informational and professional use solely as intended through the normal functionality of the Site. Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Site or otherwise as prohibited under these terms and conditions.

You may access the Site Content, Member Content and other Content only as permitted under these terms and conditions. We reserve all rights not expressly granted in and to the Site and any Content.

You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution for any commercial purposes of third party User Content obtained through the Site. You agree not to circumvent, disable or otherwise interfere with security-related features of the the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the the Site or the Content therein. You understand that when using the Site, you will be exposed to Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and agree to indemnify and hold us and our shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

6.4 Membership Termination Policy

We may terminate your Member account or prohibit your access to the Site if we determine in our sole discretion that you have violated these terms and conditions. We reserve the right to decide whether Content is appropriate and complies with these terms and conditions for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such Content and/or terminate a Member's access for uploading such material in violation of these terms and conditions at any time, without prior notice and at our sole discretion.

Digital Millennium Copyright Act

Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found on the Site can be identified and removed via our DMCA compliance process listed below and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

If you believe in good faith that a Member or User has infringed your copyright(s), you can request that we take down the infringing material(s) by following the steps in this DMCA compliance process. Please note that we do not make any legal decisions about the validity of your claim.

When a clear and valid Notice is received pursuant to the guidelines set forth below, we may respond by either taking down the allegedly infringing content ("Allegedly Infringing Content") or blocking access to it. We may contact the Notice provider to request additional information.

Under the DMCA, we are required to take reasonable steps to notify the entity who posted the Allegedly Infringing Content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send us a counter-notification as instructed below ("Counter-Notice"). On receiving a Counter-Notice, we may restore the Allegedly Infringing Content. If we receive notice from the original Notice provider that a legal action has been filed seeking a court order to restrain the Alleged Infringer from engaging in the allegedly infringing activity, we may take down or block the Allegedly Infringing Content.

Notices and Counter-Notices are legal notices distinct from regular Site activities or communications. As such, they are not subject to our Privacy Policy. This means we may publish or share them with third parties at our discretion, and we may produce them pursuant to a legal discovery request.

Anyone making a false or fraudulent Notice or Counter-Notice may be liable for damages under the DMCA, including costs and attorney's fees. If you are unsure of whether certain material infringes your copyright, contact an attorney.

7.1 Filing a DMCA Notice

To file a DMCA Notice with us, you must send us a written letter by fax or regular mail. We reserve the right to ignore a Notice that is not in compliance with the DMCA. Your Notice must:

1. Identify specifically the copyrighted work(s) you believe has/have been infringed (for example, "My copyrighted work is an image that appears at [list profile where material is located]".);

2. Identify the Content that you claim is infringing on your copyrighted work. You must provide information reasonably sufficient to enable us to locate the item on the Site. You should provide clear screenshots of the Allegedly Infringing Materials (this is for identification purposes only, not to "prove" your claims). The information provided should be as detailed as possible;

3. Provide information sufficient to permit us to contact you directly: your name, street address, telephone number, and email (if available);

4. If possible, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);

5. Include the following true statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.";

6. Include the following true statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.";

7. Be signed by you, indicating your confirmation of all of the above.

7.2 Filing a Counter-Notice

If your material has been removed or blocked by us as a result of a DMCA Notice, you may send us a Counter-Notice pursuant to Sections 512(g)(2) and (3) of the DMCA asking for the Allegedly Infringing Material to be restored. To file a DMCA Counter-Notice with us, you must send us a written letter by fax or regular mail only (not by email, except by prior agreement).

When we receive the Counter-Notice, we will send a copy of the Counter-Notice to the party who originally requested the removal of the Allegedly Infringing Material and we will reinstate the Allegedly Infringing Material, unless that party obtains a court order supporting removal of the Allegedly Infringing Material. We reserve the right to ignore a Counter-Notice that is not in compliance with the DMCA. Your Counter-Notice must:

1. Describe and list all material(s) that were removed by us and the location at which the material(s) appeared before it/they was/were removed. Please provide the specific profile or other unique identifying information so that we may have reasonably sufficient information to identify the item(s). The information provided should be as detailed as possible;

2. Provide your name, address, telephone number and email address (if available);

3. State that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located (or Los Angeles County, CA if your address is outside of the United States);

4. State that you will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to us.

5. Include the following true statement: "I swear under penalty of perjury, that I 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."

6. Be signed by you, indicating your confirmation of all of the above.

8. General Use of the Site

You have a nonexclusive, limited, revocable license to use the Site while you are in compliance with these terms and conditions. You agree to abide by certain rules of conduct and other rules prohibiting illegal and other practices that thebokr deems harmful. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates any of these terms, including without limitation, removing the offending communication from the Site and terminating the Membership of such violators.

You agree that you shall not:

* Take any action or upload, post, e-mail or otherwise transmit Content that infringes or violates any third party rights;

* Impersonate any person or entity without their consent, including, but not limited to, an employee of The Bookr, Inc., or falsely state or otherwise misrepresent your affiliation with a person or entity;

* Make unauthorized use of any our trademarks or service marks;

* Take any action or upload, post, e-mail or otherwise transmit Content that violates any law or regulation;

* Take any action or upload, post, e-mail or otherwise transmit Content as determined by us, in its sole discretion, that causes tort, is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

* Take any actions or upload, post, e-mail or otherwise transmit Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

* Take any action or upload, post, email or otherwise transmit any Content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

* Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation that we considers in our sole discretion to be of such nature;

* Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

* Attempt to gain access to any other Member's Membership account or password; or

* "Stalk", abuse or attempt to abuse, or otherwise harass another User.

You agree that we may take whatever steps we deems necessary to abridge, or prevent behavior of any sort on the Site in our sole discretion, without notice to you.

9. Dealing With Other Members; Limitation of Liability

We are a service provider, which means, among other things, that we do not control each and every aspect of the Site. You acknowledge that we are a service provider that may offer Members opportunities to interact online regarding topics and content chosen by other Members. Generally, we do not regulate Member's interactions with the Site or communications with each other. As a result, we have limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Site. You are solely responsible for your interactions with other Members.

As a condition of access to our Site, you release us (and our shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Members or Users of the Site.

You further understand and agree that: (a) we will have the right but not the obligation to resolve disputes between Members and Users relating to the Site, and our resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent we elect to resolve such disputes, we will do so in good faith based solely on the general rules and standards of the Site and will not make judgments regarding legal issues or claims; (c) our resolution of such disputes will be final with respect to the Site but will have no bearing on any real-world legal disputes in which Members or Users of the Site may become involved; and (d) you hereby release us (and our shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with our resolution of disputes relating to the Site.

10. Membership Termination

This Agreement shall remain in full force and effect while you use the Site or are a Member. You may terminate your Membership at any time, for any reason, by contacting us at admin@thebookr.com. We may terminate your Membership at any time for any reason without warning. Even after Membership is terminated, these terms and conditions will remain in effect.

11. Releases, Disclaimer of Warranty, Further Limitations of Liability, Indemnity

11.1 No Liability for Accumulated Content

When using the Site, you may accumulate Content that resides as data on the Site’s servers. THESE DATA, AND ANY OTHER DATA, MEMBERSHIP HISTORY AND USER NAMES RESIDING ON OUR SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN OUR SOLE DISCRETION.

YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER RIGHTS YOU MAY HAVE WITH RESPECT TO CONTENT YOU UPLOAD OR CREATE USING THE SITE, AND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, WE DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON OUR SERVERS.

YOU UNDERSTAND AND AGREE THAT WE HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY CONTENT (INCLUDING YOUR CONTENT) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND.

11.2 The Site is Provided "As Is"

WE PROVIDES THE SITE, YOUR MEMBERSHIP AND ALL OTHER SERVICES STRICTLY ON AN "AS IS" BASIS, PROVIDED AT YOUR OWN RISK, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THE TALENT AND OTHER SUPPLIERS PROVIDING SERVICES THROUGH THE SITE ARE NOT AGENTS OR EMPLOYEES OR INDEPENDENT CONTRACTORS OF OURS. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND OUR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-SCHEDULING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

Without limiting the foregoing, we do not ensure continuous, error-free, secure or virus-free operation of the Site or your Membership, and you understand that you shall not be entitled to refunds for fees paid or moneys owed (if any) based on our failure to provide any of the foregoing other than as explicitly provided in these terms and conditions. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.

11.3 Further Limitations of Liability

IN NO EVENT SHALL WE OR ANY OF OUR SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES OR DISTRIBUTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SITE (INCLUDING ITS MODIFICATION OR TERMINATION), YOUR MEMBERSHIP (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT WE MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION, IN NO EVENT WILL OUR CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED FIFTY DOLLARS (U.S. $50.00). Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you. You agree that we cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Site.

11.4 Your Indemnification of Us

You agree to defend, indemnify and hold us harmless and our shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, from all damages, liabilities, claims and expenses, including without limitation attorney's fees and costs, arising from any breach of these terms and conditions by you, or from your use of the Site. You agree to defend, indemnify and hold harmless us and our shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, from all damages, liabilities, claims and expenses, including without limitation attorney's fees and costs, arising from: (a) any action or inaction by you in connection with the deletion, alteration, transfer or other loss of Content, status or other data held in connection with your Membership, and (b) any claims by third parties that your activity or Content in the Site infringes upon, violates or misappropriates any of their intellectual property or proprietary rights.

12. Taxes

Talent and Clients are each responsible for paying any applicable taxes resulting from any transaction made through the Site. We do not collect any taxes on behalf of any party and therefore we do not withhold any taxes for any party and we do not submit any taxes to any governmental agency on behalf of any party.

13. General Provisions

The section titles in these terms and conditions are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If a court of competent jurisdiction deems any provision of these terms and conditions unlawful, void or unenforceable, that provision is deemed severable from these terms and conditions and does not affect the validity and enforceability of any remaining provisions.

The Site is controlled and operated from our offices within the State of California, United States of America. We make no representation that any aspect of the Sites is appropriate or available for use in jurisdictions outside of the United States. Those who choose to access the Sites from other locations are responsible for compliance with applicable local laws.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches.

No consent or waiver by us under these terms and conditions shall be deemed effective unless delivered in a writing signed by a duly appointed officer of ours. Notwithstanding anything else in these terms and conditions, no default, delay or failure to perform on our part shall be considered a breach of these terms and conditions if such default, delay or failure to perform is shown to be due to causes beyond our reasonable control.

We may give notice to you by means of a general notice on our Sites, at or after log-in to your Membership account, by electronic mail to your e-mail address in our records for your Membership.

PRIVACY POLICY

We have a firm commitment to informing you, the member (talent and clients), about how we handle and protect your personal information. This Privacy Policy applies to transactions and activities in which you engage and data gathered only on our website at www.thebookr.com (the "Site").

Modifications

Please review this Privacy Policy periodically because we modify it from time to time. This Privacy Policy was last modified as of the date shown below. Each time you visit this Site or provide us with information through the Site, by doing so you are accepting practices described in the Privacy Policy in effect at that time. You are also accepting our terms of use.

Special Notice to Talent

There are practical considerations relating to the need for clients to review certain personal information, and considerations relating to the need to contact talent in order to cast them. By submitting your information on this Site you understand that you are affirmatively choosing to post personally identifiable information about yourself, including contact information such as your phone number and e-mail address, as well as identifying information such as your height, weight, hair and eye color. You also have the option to post photographs, video and other information that may allow third parties to personally identify and locate you. Others will be able to view this information. By registering to be on this Site you are agreeing to have personally identifiable information revealed to third party members who use this Site, and you are acknowledging the risks inherent in so doing. Please see our tips on privacy section for ways to protect yourself and your personal information.

Information We Collect

Like most interactive websites, each time you visit the Site, we automatically collect your IP address and the web page from which you came. In order to administer and optimize the Site for you and to diagnose problems with the Site we use your IP address, which helps us identify you and gather broad demographic information about you and where you logged in from. Our server logs may also capture and collect additional information such as your web request, browser type, browser language, the date and time of your request, and/or the date and time of your visit, all of which helps us track user's movements around our site and understand trends.

The Site uses cookies to keep track of your activity on the Site and to enhance your experience on the Site. We also use cookies to deliver content specific to your interests, to save your password, and if you so choose, to save other personal and financial information so you do not have to reenter it each time you visit the Site. Third party advertisers on the Site may also place or read cookies on your browser should you click through to their website. If you wish to disable these cookies, the help portion of the tool bar on most browsers will tell you how do that. If you set your browser to disable cookies, however, you may not be able to access certain parts of this Site.

Information You Provide

In order to operate the Site and to provide agents, talent and casting directors with information that facilitates the casting process, we also collect the information that you provide when you sign up for the Site account, including personal contact information, financial information, and demographic information. Personal contact information is information that you provide which can be used to contact you directly without going through the Site and may include your full name, postal address, phone number, or e-mail address. Financial information that you provide and that we collect may include your credit card number or password. Demographic information is information that you submit or we collect that is neither personal nor financial; this may include but is not limited to your zip code, postal code, hometown, gender, user name, your age, height and weight. We also collect your account password, browsing history information and searching history information, registration history information, and the content of communications between you and other members over this Site, subject to the rest of this paragraph. Demographic information is divided into two categories: (1) non-public information, which consists of purchase history information and your exact address; and (2) public information which consists of all other demographic information. We ask that you do not enter personal information or financial information into your public profile. If you choose to include personally identifiable information in your profile, it may be publicly posted on the Site, and we cannot control who may access such information or what they do with the information you provide. Publicly posted information will be treated as demographic information by us. In addition, other members will be able to view this information.

Please note that nowhere on this Site do we knowingly collect personal information from children under the age of 18

Third Party Sites

On this Site we may place links to other websites operated by third parties. We strive to limit those links only to websites that provide goods and services to you about products that you may be interested in. Some of these other websites contain our brand name and trademarks and other intellectual property that we own. Others do not. When you click on these links and visit these other websites you should be aware that you are leaving the the Site and that we do not control these third party websites nor can we make any claims regarding those website's terms of use or privacy policies. This Privacy Policy does not apply to any third party websites. Operators of these other websites may collect different kinds of information about you and may use and disclose that information in different ways than we would if it were collected on this Site. These websites may use tracking tools, such as cookies, to collect information about you and/or the computers used to view or interact with their advertisements. We encourage you to review those third party privacy policies and remind you that we will not be responsible for their actions.

How We Use Your Personal Information

We use your e-mail address and your other personal information to help us efficiently operate the Site. We also use this information to contact you in connection with your transactions and other activities on the Site (including but not limited to confirmation e-mails for important news that could affect your relationship with us), and to forward messages to you from other registrants. These types of communications are known as maintenance communications. In some cases maintenance communications may also contain commercial messages such as banner ads and special offers.

We also use personal information to send you newsletters, information, offers and other promotional materials for our or third parties' goods and services. We attempt to send you offers that are of value to you such as information relating to photographers or agents, exclusive offers or others special event information. The Site provides you with options to decline to receive communications from us other than those contained in our maintenance communications. Some of these options may only be for a certain category of communications, others may be more general. By posting a profile on the Site you are opting in to receive maintenance communication information from us as well as our newsletters and other communications. To stop receiving our newsletter, go to your account on the Site and change your notification settings accordingly.

Additionally, we may process your personal information for the following purposes:

* Providing our services to you, including display of customized content and advertising

* Fulfilling your requests for services

* Facilitating the use of the Site

* Managing your account preferences

* Auditing, research and analysis in order to maintain, protect and improve our services

* Ensuring the technical functioning of our network

* Developing new services

* Identify and protecting against misuse or unauthorized use of our Site; and Enforcing our Terms of Use

To operate the Site, including processing any transactions and supporting any activities you do on the Site, we may share your personal information with our agents, representatives, contractors and service providers so they can provide us with support services such as authorization of credit card transactions, e-mail originations, receipt of support services, customer relationship management services, order fulfillment and sweepstakes promotion fulfillment. We require these entities not to use your information for any other purpose. Moreover, registrants on this Site, including agents and casting directors, are not authorized to use your information for any other purpose.

If you are visiting the Sites from outside of the United States, please be advised that your information will be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws the United States and other countries, might not be as comprehensive as those in your country. Please be assured that we seek to take reasonable steps to ensure that your privacy is protected. By using our services, you consent to the transfer of your information to our facilities and those third parties with whom we share it as described in this Policy.

Promotional Relationships and Co-Branded Pages

In some cases we may enter into a promotional relationship with another company in which we prominently display their brand name or trademark on pages of the Site. These pages are known as co-branded pages and these companies are known as co-branded companies. If the page on which you submit information is a co-branded page, or was accessed by clicking on a link on a co-branded page, then we may share your personal information with the associated co-branded company. Co-branded companies may use your personal information in accordance with their own privacy policies. You will need to contact co-branded companies to instruct them directly regarding your preferences for use of your personal information by them. Additionally, you agree that we may use and disclose all such information so submitted to such co-branded companies in the same manner than which we are entitled to use and disclose any information you submit to us.

Some co-branded pages may contain an action pack that a third party such as an advertising company may use to read cookies that it or its clients may have placed on your browser. This technology is used to measure the effectiveness of advertisements on such other websites that promote co-branded pages. These third parties may use the information collected through this technology to learn more about your visits to the Site and other websites in order to provide advertisements about goods and services of interest to you. We have been informed by these third parties that unless you are otherwise notified, they do not use your name, address, e-mail address or telephone number and do not link your on-line actions to any information that can be used to identify or contact you. However, because we may not verify that this is the case, you should seek their assurances yourself as we are not accountable for the accuracy of the above statement.

We strive to create relationships with advertising and fulfillment partners that believe in and respect your privacy, too. While we do not control the third-party websites of our partners, we do strongly encourage our partners to post privacy policies clearly and conspicuously and to protect the information of their users.

Any third party with whom we are allowed to share your personal information is authorized to use your personal information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Those who contact you will need to be instructed directly by you regarding your preferences for the use of your personal information by them.

California has passed legislation requiring certain specific disclosures be made available to California residents who use the Internet and provide information that may be used for marketing purposes. That legislation requires any business that discloses a customer's personal information to any third party for direct marketing purposes to provide the customer a method for obtaining the names, addresses and certain other specified details of anyone who might have received that personal information.

Additional Ways That We May Share Your Personal Information

Members may be asked to provide financial information to use and access this Site. We use your financial information to check your qualifications and to bill you for any services provided on this Site for which we charge. You consent to our providing your financial information to our service providers and to such third parties as we determine are necessary to support and process your activities and transactions as well as your credit card issuer for their purposes. These third parties may include the credit card companies and banking institutions used to process and support the transaction or activity. By registering or taking advantage of services offered on this Site or by participating in programs offered on this Site that are administered by third parties and that require you to submit financial information in order to use them, you also consent to our providing your financial information to those third parties. Additionally if the page on which you submit information is a co-branded page as defined in an earlier section, or was accessed by clicking on a link on a co-branded page then we may share your financial information with the associated co-branded company. Any of these various third parties including co-branded companies may be authorized to use your financial information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies over which we have no control. You agree that we are not responsible or liable for any of their actions or omissions. Additionally you agree that we may use and disclose all such information so submitted to such third parties in the same manner in which we are entitled to use and disclose any other information that you submit to us.

Your personal information or financial information may be passed on to a third party in the event of a transfer of ownership of assets or a bankruptcy. We may also use and/or disclose personal information or financial information without your prior consent when we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process, court order, subpoena or enforceable government request; (b) enforce our Terms of Service, including investigation of potential violations thereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; or (d) protect against the imminent harm to the rights, property or safety of The Bookr, Inc., our registered members, or the public as required or permitted by law. We also may disclose your personal information or financial information to our subsidiary and parent companies and businesses and other affiliated legal entities in businesses with whom we are under common corporate control. Whenever personal information or financial information is disclosed under this paragraph we may also disclose your demographic information along with it. All of our parent subsidiary and affiliated legal entities are businesses that receive your personal information, financial information or non-anonymous demographic information from us and will comply with the terms of this Privacy Policy with respect to their use and disclosure.

We review all demographic information. We may also use public information to enable other users to find your profile to determine whether they are seeking information about you for a specific casting role and to communicate with you. We may use this demographic information to help you navigate the Site to best find matches for you. We may also share information on an anonymous aggregate basis and to the extent that we have advertisers we share the information to help them determine if their products and services will appeal to our users. We do not identify specific Site users by name in these cases. If you respond directly to an advertiser any information you provide them directly will not be subject to this Privacy Policy.

We will not share your personal information except as in the manner set forth in the Privacy Policy in effect at the time and/or as specifically authorized by you. Certain personal information however, including contact information, contained within a member's portfolio is always available to professionals within the industry ("Industry Professionals") who are entitled to share such information for project-specific professional purposes. Although we request that Industry Professionals submit certain credentials and make certain representations to us, we cannot guarantee the truth or accuracy of these credentials or representations.

When you provide information in connection with open casting notices, such information is available to the persons posting such open casting notices (who may or may not be Industry Professionals) and, we has no control over the manner in which this information is used.

Information Security

We takes commercially appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data that you share and we store. These security measures include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.

We make commercially reasonable efforts to restrict access to personal information to our employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. Unfortunately, no security system can be 100% secured; accordingly, we cannot guarantee the security of any information provided to us in connection with the information that we collect through our website.

Changes To This Policy

Please note that we will continue to have the right to change our Privacy Policy and practices and how we use your personally identifiable information, without notice, as described in the first paragraph of this Privacy Policy. We will post a notice of any Policy changes on this page.

If we become involved in a merger, acquisition, or any form of sale or transfer of some or all of our assets, ownership and control of your personal information may be transferred accordingly and may become subject to a different Privacy Policy.

Questions and Contacts

If you have any questions about this Privacy Policy, your personal information, or the practices of this Site, you may contact us at admin@thebookr.com.