Terms of Service: Privacy and Use Policies
TERMS OF SERVICE The Actor's Guide to Everything, Inc. owns and operates the website located at www.theactorsguidetoeverything.com (the Website). By accessing the Website, you agree to be bound by the following terms and conditions (the "Terms of Service"). The Website is currently free to all users, however, we reserve the right to charge for access to the Website in the future. In such event, we will notify you in advance, and give you an opportunity to subscribe to the Website. We reserve the right to change the Terms of Service or to modify any features of the Website at any time. By registering for the Website and/or continuing to use the Website after the posting of notices regarding such changes, you agree to be bound by such changes. Personal Use Only The Actor's Guide to Everything (sm) Website is made available for your personal use. You may not use the Website to sell a product or any other service. If you want to sell any product or service on the Website, or make any other commercial use of it, you must enter into an agreement with The Actor's Guide to Everything, Inc. to do so in advance. Please contact us for more information. Intellectual Property Policies The Website (including, but not limited to, text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content and other elements comprising the Website, including the appearance and layout of the home page, are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in the Website. You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Website, except that you may download material from the Website for your own personal use as follows: you may make one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of the Website over any network, including a local area network, nor sell or offer it for sale. In addition, the files on the Website may not be used to construct any kind of database. It is our policy not to violate the intellectual property or other rights of others. If you believe that any content on the Website violates your rights, please contact us immediately to provide as much detail as you can regarding the basis for your belief, and we will investigate your claim. We reserve the right to take whatever action we see fit, in our sole discretion, to resolve any complaint of intellectual property infringement. If you believe that your copyright rights are being violated by any content on the Website, please send us a notice that complies with the Digital Millennium Copyright Act. Disclaimer of Warranties The Actor's Guide to Everything, Inc. disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Website. The Actor's Guide to Everything, Inc. disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. The Actor's Guide to Everything, Inc. disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Website. The Website may include opportunities to ask questions of employees, agents, or affiliates of The Actor's Guide to Everything, Inc. regarding various topics and to receive answers. Such communications do not create any contractual, fiduciary, therapeutic, or agency relationship between you and The Actor's Guide to Everything or the persons providing answers. By submitting a question, you agree that The Actor's Guide to Everything may edit the questions for clarity and publish the question and answer in its editorial discretion without any obligation to you, so long as it does not publish any personally identifiable information you may have provided as part of your question. THE ACTOR'S GUIDE TO EVERYTHING, INC. AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE WEBSITE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. THE ACTOR'S GUIDE TO EVERYTHING, INC. AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE ACTOR'S GUIDE TO EVERYTHING, INC. AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE WEBSITE. THE ACTOR'S GUIDE TO EVERYTHING, INC. AND ITS LICENSORS AND AFFILIATES DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE ACTOR'S GUIDE TO EVERYTHING, INC. OR THE WEBSITE. THE ACTOR'S GUIDE TO EVERYTHING, INC. AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE WEBSITE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL THE ACTOR'S GUIDE TO EVERYTHING, INC. OR ITS LICENSORS OR AFFILIATES BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE WEBSITE OR ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF THE ACTOR'S GUIDE TO EVERYTHING, INC. OR ITS LICENSORS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO THE WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. The Actor's Guide To Everything Miscellaneous Provisions These Terms of Service will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by The Actor's Guide to Everything, Inc. PRIVACY STATEMENT The Actor's Guide to Everything, Inc. is committed to fair information practices. This commitment extends both to ensuring that we use data from our customers in an appropriate and expected manner and to educating our customers and the public generally about the appropriate use of information provided by The Actor's Guide to Everything, Inc.. This Privacy Statement describes our general principles for the collection and use of information from customers and visitors to our Website, www.theactorsguidetoeverything.com. We pledge to use information about our Website visitors responsibly, and we will not disclose this information for commercial purposes to any person or organization outside The Actor's Guide to Everything, Inc., other than as described herein. Please read on for more details about The Actor's Guide to Everything, Inc. Online privacy practices. General Information Collection and Use Practices Following is an overview of general information collection and use practices, as well as specific policies of particular products and services that may differ from the general policy: 1. IP Addresses. The Website may collect technical information about your session (such as browser type, ISP, referring/exit pages, platform type, date/time stamp, number of clicks, domain name and country/state). This information is used to analyze trends, administer the site and track site usage. 2. Personal Information Collected From Site Visitors. The Website requires visitors to register in order to access the information content displayed by the Website. Registration requires that a new visitor provide at least a working email address. Visitors can also sign up for newsletters and may be able to purchase products and services online. In order to complete the registration, membership or order processes, you may be asked to provide additional contact information (such as name, address and telephone numbers), and other demographic data, as well as financial information for product orders (such as account or credit card numbers). If you are a minor, you may be asked to provide an authorization from a parent or guardian in order to complete the registration or order process. Finally, you may be asked to disclose personal information to us so that we can provide assistance and information to you. The information collected from you is used by The Actor's Guide to Everything, Inc. and our agents to deliver the requested information content, process your orders and facilitate your relationship with us. For example, the information provided by a user may be used for editorial purposes such as to contact you as part of an online survey. Additionally, we may also use the information provided by you to: 1) contact you with legal notices, 2) to advise you of any material changes or additions to our Service or terms and conditions, and 3) account status (including confirmation of registrations). Financial information collected from you is used only to bill you for the products and services that you have purchased. We may also use your contact information to send you information about other products and services offered by The Actor's Guide to Everything, Inc. as well as promotional material that may be of interest to you from some of our marketing partners. If you do not want to receive these promotional announcements, you may opt-out when you provide us with contact information or at any time after you register by updating your preferences or by emailing us at info@theactorsguidetoeverything.com 3. Cookies. Cookies are small bits of text that can be placed by our Web servers into a file on your computer's hard drive. When you register with our Website, we may use cookies to save your preference and login information so that you don't have to re-enter it each time. Our Website may also use cookies to provide you with sophisticated shopping functionality, such as keeping track of your shopping cart and its contents as you move throughout our Website. We may also use cookies to help deliver content and promotional materials tailored to your specific interests. 4. Data Sharing. The Actor's Guide to Everything, Inc. shares the personal data collected from you with agents and contractors who use the data only on our behalf or in connection with their content relationship with The Actor's Guide to Everything, Inc. The Actor's Guide to Everything, Inc. may also share information with affiliated businesses. Finally, The Actor's Guide to Everything, Inc. will share data as required by law, when required as a matter of public safety or policy, or as needed in connection with the transfer of other business assets. In compliance with U.S. law, The Actor's Guide to Everything, Inc. does not share information with any unaffiliated third parties for marketing purposes unless you expressly ask us to. 5. Accessing and Updating Your Personal Information. The Actor's Guide to Everything, Inc. provides all of its customers with reasonable opportunity to access and update their customer profile information. If you have disclosed information to us via an online order form or application, you may access and update this information. Our customer support department can by reached at info@theactorsguidetoeverything.com and can also reasonably assist you with other requests related to data maintained by us. 6. Information About Subscribers. Subscribers can access the Website content via theactorsguidetoeverything.com. Information about subscribers and their usage of the Website is maintained in a secure environment and not shared with third parties for targeted marketing purposes. The Actor's Guide to Everything, Inc. does not disclose any information about any subscriber's usage of theactorsguidetoeverything.com other than to enforce the terms of our subscriber agreements or as required by law. The Actor's Guide to Everything, Inc. Website may make chat rooms, forums, message boards or news groups available to you. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when disclosing personal information in these areas. Similarly, you should not disclose any information in our public forums, that you might consider confidential. SPECIAL MESSAGE FOR KIDS UNDER 13: Do not send any information about yourself to us - including information like your name, address or e-mail address. In general, we do not knowingly collect personally identifiable information from children under 13. If, in limited circumstances, we do knowingly collect personally identifiable information from a child under the age of 13, we will do so only with verified parental consent prior to collection. In the event that we learn that we have collected any personal information from a child under the age of 13 without verification of parental consent, we will delete that information from our database as quickly as possible. 7. Security. The Actor's Guide to Everything, Inc. has security measures in place to help prevent the loss, misuse and alteration of the information under our control. 8. Links to Other Companies' Sites. Our Web site contains links to other Web sites, sites that may be maintained by companies that are not affiliates of ours. We are not responsible for the privacy practices or the content of such Web sites, and we encourage you to use caution when visiting these sites. In particular, we recommend that you view the privacy policy posted on each site to confirm that the site's policies are acceptable to you. 9. Changes to Our Policies. From time to time, we may use customer information for new, unanticipated uses not previously disclosed in this privacy statement. If our information practices change, we will post and highlight the policy changes, and we will provide customers with the opportunity to opt out of the new data uses. 10. Contacting the Web Site. If you have any questions about The Actor's Guide to Everything, Inc. Privacy Statement or our policies with respect to personal information, please e-mail us at info@theactorsguidetoeverything.com.
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