Effective Date:
This Terms of Use Agreement was last updated on October 6, 2006.
This Terms of Use Agreement ("Terms of Use") sets forth the
operating standards of Get Reel LA and the online usage of www.GetReelLA.com
(our "Site"). Upon committing to Get Reel LA's service and/or visiting www.GetRreelLA.com,
you (hereupon referred to as the "User" or the "Actor") agree to these terms
and conditions. If you do not agree to the terms and conditions of this
agreement, then you are not an authorized user and therefore should cease usage
immediately. This document is
meant to educate and inform the Actor of our process, not to act as a
hindrance. We value our customers
and therefore want you to know exactly what you are getting into when using Get
Reel LA.
We write this document as Actors. These are the things we
would like to know if we were in your shoes.
Get Reel LA reserves the right, at any time, to modify,
alter, or update the terms and conditions of this agreement without notifying
you. Modifications are effective
immediately upon updating the current Agreement, and posting it on our
Site. Your continued use of the
service Get Reel LA provides or the product we offer after amendments are
posted constitutes an acknowledgement and acceptance of the Agreement and its
modifications. Except as stated above, and by the official personnel, this
Agreement may not be amended.
1.
Description of Service
Get Reel LA provides an Actors' Service. We consult, write,
direct, shoot and edit a 2 Minute Movie starring YOU. The Actor walks away with a Product, The 2 Minute Movie,
which can then be applied as a marketing tool to aid in the Actor's career. To
experience a sampling of the Get Reel LA product and learn more about our
service the User can visit our Site at www.GetReelLA.com. For more information, or
to view additional demos, you can call 310-694-8180 or email us at info@GetReelLA.com.
2.
Disclaimer of Warranties
2.1
The Site, Service and Product provided by Get Reel LA is
on an "as is" and on an "as available" basis. To the fullest extent permitted by the law of California,
Get Reel LA makes no representations or warranties of any kind, express or
implied, regarding the use of our Service, our Product or our Site. Get Reel LA
disclaims all warranties with regard to the information provided, including the
implied warranties of merchantability and fitness for a particular purpose, and
non-infringement.
2.2
Disclaimers involving Writing
i.
Get Reel LA is not responsible for the Actor's dissatisfaction
in regards to the original material written by the Get Reel LA screenwriter.
Please see the "Refund Policy" for further details.
ii.
Get Reel LA is not responsible for how the Actor chooses to
"label" their 2 Minute Movie on their resume.
iii.
All scenes provided by Get Reel LA will be deemed as
"original" material meaning it has not been copyrighted/produced elsewhere
other than Get Reel LA.
iv.
Get Reel LA writing is property of Get Reel LA, not Actor, and
therefore can be altered and used in any way deemed fit by Get Reel LA after
the final product is released.
v.
If the Actor is providing their own material the Actor represents
and warrants that he/she owns or has licensed all applicable rights with
respect to any intellectual property that they are providing. Get Reel LA is
shooting the provided material under the impression that the necessary
legalities have been made prior to the shoot date.
2.3
Disclaimers involving Directing
i. If
the actor receives directing from the Get Reel LA Director, Get Reel LA is not
responsible for the "acting" within The 2 Minute Movie.
2.4 Disclaimers involving Shooting
i. Get
Reel LA is not liable for any harm done to the Actor on set.
ii. Get Reel LA is not liable
for any damages done to the scenery/ set.
iii.
In keeping up with contemporary professional standards, Get
Reel LA will uphold their own shooting style and not be governed by the Actor.
2.5
Disclaimers involving Editing
i. Get
Reel LA is not responsible for the Actor not agreeing with the editing of their
2 Minute Movie. The Actor will be provided with their raw footage and can
therefore alter this final product after the fact.
2.6 Disclaimers involving the 2 Minute Movie
i. The
2 Minute Movie may not be exactly two minutes.
ii. The 2
Minute Movie may not get the Actor representation.
iii.
The 2 Minute Movie may not get the Actor meetings with
industry professionals.
iv.
The 2 Minute Movie may not get the Actor work.
v.
The 2 Minute Movie may not create positive "hype" around the
Actor.
vi.
Get Reel LA will hold the Actor's product for one month after
the shoot day, after that time Get Reel LA is not responsible for the final
product.
vii.
Get Reel LA will post the final product online under "Client
Access" for one month, then the demo will be removed and username/password
de-activated.
viii.
If the product is damaged after Actor receives the goods, Get
Reel LA is not responsible for replacing the damaged goods.
2.7
Disclaimers involving the Site
i. Get Reel LA is not
responsible for interruptions in the site.
ii. Get Reel LA
is not responsible for Site not loading properly due to User's
computer or Internet connection.
iii.
Get Reel LA is not responsible for the User's username/password after it
has been assigned to User. User may share this information; however Get
Reel LA is not responsible for the actions resulting from this exchange.
2.8
Disclaimers involving Get Reel LA as a Business
i.
Every 2 Minute Movie produced by Get Reel LA is
property of Get Reel LA and can therefore be used as a promotional tool for the
business, to be displayed on website or otherwise. For promotional use only,
Get Reel LA reserves the right to alter Actor's 2 Minute Movie from the
original product form.
ii.
Get Reel LA will NOT, under any circumstances, sell the
Actors Get Reel LA 2 Minute Movie to outside sources.
iii.
The Actor agrees to not sell or option their 2 Minute
Movie.
3.
Communications/Messages from Users
The User acknowledges and agrees that any public
Communications made to or by means of any portion of the Site is public. The
User acknowledges that
i.
You have no expectation of privacy in any public Communication
ii.
No confidential,
fiduciary, contractually implied or other relationship is created between you
and Get Reel LA by reason of your transmitting a public Communication to any
area of the Site.
iii.
As used in these Terms of Use, "Your Posted
Material" means any information, messages, e-mails, postings, on-line
discussions, literary works, drawings, illustrations or images, films or
digital content, or any other copyrightable work or non-copyrightable idea,
expression, or communication, regardless of whether you authored or created
such work or communication, which you cause to be posted to, submitted to, or
in any way transmitted via, the Site.
iv.
You agree that none of Your Posted Material will contain information
or content that
a.
Infringes on the copyright or any other rights of any person
or entity
b.
Reveals trade secrets or any information which you have
agreed, Expressly or impliedly, to keep confidential
c.
Includes sexually explicit images, depictions, or content
d.
Is obscene, indecent, defamatory, abusive, or otherwise
unlawful
e.
Contains a virus or any other potentially damaging content
f.
Constitutes harassment or stalking
g.
Constitutes invasion of privacy, or misappropriation of
statutory or common law rights to publicity or personality.
v.
Additionally, even if such content is legal, you agree that
none of Your Posted Material will contain information or content that
a.
Contains or constitutes commercial advertising, solicitation,
informational announcements, or political tracts
b.
Constitutes, contains, or encourages "make-money
fast" type messages, "chain letters" or "pyramid
schemes" of any type
c.
Contains false or misleading information
d.
Is purportedly sent from a person other than yourself (e.g.,
impersonation of another person or user)
vi.
GET REEL LA SHALL HAVE THE RIGHT IN ITS SOLE DISCRETION TO
EDIT, REFUSE TO POST OR REMOVE ANY MATERIAL SUBMITTED TO OR POSTED ON THE SITE
FOR ANY REASON WHATSOEVER.
vii.
Get Reel LA reserves the right to expel you from or suspend
your access to any or all parts of the Site for violating the law or these
Terms of Use.
viii.
Notwithstanding the foregoing, you are solely responsible for
all materials you post on or submit to the Site and you acknowledge that Get
Reel LA may not be monitoring the Site and you are not relying upon Get Reel LA
to monitor the Site.
ix.
Get Reel LA takes violations of its customers' rights and its
own rights seriously, and makes efforts to report any potential criminal
violations to appropriate authorities.
4.
PAYMENT POLICY
4.1
Deposits
i.
A $100 Deposit is required to secure the Actor's Shoot Date
ii.
The Actor can reschedule their Shoot Date within 48 hours at
no additional cost to the Actor.
iii.
A $50 rescheduling fee will be applied to the Actor if
rescheduling within 48 hours of Shoot Date.
iv.
If the Actor fails to show up to their Shoot Date, the $100
deposit will not be returned and therefore be applied as a "No Show Fee." At
that time, an additional $100 will be needed to reschedule subsequent dates.
v.
If the Actor wishes to cancel their session entirely, the
deposit will not be returned.
4.2
Payments
i.
The remaining balance will be collected prior to, or on the
Shoot Date, before the Actor has left the Shoot Location.
ii.
Get Reel LA accepts cash, check and all major credit
cards via PayPal
iii.
If the Actor is paying via PayPal they will be invoiced by Get
Reel LA 24 hours before their scheduled Shoot Date. The Actor must make the
payment BEFORE showing up to the shoot.
iv.
A $5 fee is added to all payments received via credit card.
v.
In the case of a returned check, a $30 "Returned Check Fee"
will be applied and full payment must be received BEFORE the Actor may pick up
their final product.
3.3. Refunds
i. GET
REEL LA DOES NOT ISSUE REFUNDS.
ii. In
the rare case that Get Reel LA feels that the project needs to be re-shot for
any reason determined by Get Reel LA, and the Actor agrees, Get Reel LA will
re-shoot the project free of charge to the Actor. This, however, is determined
by Get Reel LA, and not the Actor.
3.4
Refunds
involving Writing
i.
Get Reel LA does NOT issue refunds for original material
written by the Get Reel LA screenwriter.
ii.
If the Actor does not like the material written for them, they
can request ONE revision free of charge.
iii.
After the revision, if the Actor is still not satisfied, they
can choose to work with the screenwriter at an additional hourly rate which is
pre-determined by the screenwriter.
iv.
If, after the Get Reel LA screenwriter has written the scene,
the Actor chooses to use their own material, they are still responsible for any
writing fees that may have occurred through out the process.
4
Limitation of Liability
GET REEL LA SHALL NOT be
liable for any damages whatsoever, and in particular Get reel la shall not be
liable for any special, indirect, consequential, or incidental damages, or damages
for lost profits, loss of revenue, or loss of use, arising out of or related to
this web site or the information contained in it, whether such damages arise in
contract, negligence, tort, under statute, in equity, at law, or otherwise,
even IF GET REEL LA has been advised of the possibility of such damages.
5
Indemnification
User agrees to indemnify and hold Get Reel LA, its parents,
subsidiaries, affiliates, officers and employees, harmless from any claim or
demand, including reasonable attorneys' fees and costs, made by any third party
due to or arising out of Actor's use of the Service, the violation of this
Agreement, or infringement by Actor, or other User of the Service using Actor's
computer, of any intellectual property or any other right of any person or
entity.
6
Modifications, Interruption and Use of Service
Get Reel LA reserves the right to modify or discontinue the
Service with or without notice to the User. Get Reel LA shall not be liable to
User or any third party should Get Reel LA exercise its right to modify or
discontinue the Service. User acknowledges and accepts that Get Reel LA does
not guarantee continuous, uninterrupted or secure access to our website and
operation of our website may be interfered with or adversely affected by
numerous factors or circumstances outside of our control.
The User acknowledges that use of Get Reel LA may require
the use of other hardware and software products, such as Quicktime and a
high-speed Internet connection. Such hardware and software is the user's
responsibility. Get Reel LA is not responsible for any damage done to User's
computer when applying required third-party software or hardware.
7
Third-Party Sites
Our website may include links to other sites on the Internet
that are owned and operated by online merchants and other third parties. You acknowledge that we are not
responsible for the availability of, or the content located on or through, any
third-party site. You should
contact the site administrator or webmaster for those third-party sites if you
have any concerns regarding such links or the content located on such
sites. Your use of those
third-party sites is subject to the terms of use and privacy policies of each
site, and we are not responsible therein. We encourage all User's to review
said privacy policies of third-parties' sites.
8
Disclaimer Regarding Accuracy of Vendor Information
While Get Reel LA makes every effort to ensure that the
information on this website is accurate, we can make no representations or
warranties as to the accuracy or reliability of any information provided on
this website.
Get Reel LA makes no warranties or representations
whatsoever with regard to any third party product or service recommended on the
Site. User acknowledges that following said advice or recommendations shall be
at their own risk.
In reference to the Get Reel LA Blog, User understands that
said information is "of opinion" and not fact.
9
Governing Jurisdiction of the Courts (California)
Our Site is operated and provided in the State of
California. As such, we are
subject to the laws of the State of California and such laws will govern this
Terms of Use, without giving effect to any choice of law rules. We make no representation that our
Site, Service or Product is appropriate, legal or available for use in other
locations. Accordingly, if you
choose to access our Site you agree to do so subject to the internal laws of
the State of California.
10
Compliance with Laws
User assumes all knowledge of applicable law and is
responsible for compliance with any such laws. User may not use the Service in any way that violates
applicable state, federal, or international laws, regulations or other
government requirements. User further agrees not to transmit any material that
encourages conduct that could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state, national, or
international law or regulation.
11
Copyright and Trademark Information
All content included or available on this site, including
site design, text, graphics, interfaces, and the selection and arrangements
thereof is ©2006 www.GetReelLA.com, with all rights reserved, or is the
property of Get Reel LA and/or third parties protected by intellectual property
rights. Any use of materials on
the Site, including reproduction for purposes other than those noted above,
modification, distribution, or replication, any form of data extraction or data
mining, or other commercial exploitation of any kind, without prior written
permission of an authorized officer of Get Reel LA is strictly prohibited.
User's agree that they will not use any robot, spider, or other automatic
device, or manual process to monitor or copy our web pages or the content
contained therein without prior written permission of an authorized officer of
Get Reel LA.
Get Reel LAª, The 2 Minute Movieª and www.GetReelLA.comª are
proprietary marks of www.GetReelLA.com.
Get Reel LA's trademarks may not be used in connection with any product
or service that is not provided by Get Reel LA, in any manner that is likely to
cause confusion among customers, or in any manner that disparages or discredits
Get Reel LA.
All other trademarks displayed on Get Reel LA's website are
the trademarks of their respective owners, and constitute neither an
endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web
sites of Vendors is not intended to imply, directly or indirectly, that those
Vendors endorse or have any affiliation with Get Reel LA.
12
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as
enacted through the Digital Millennium Copyright Act, www.getreelLA.com
designates the following individual as its agent for receipt of notifications
of claimed copyright infringement.
By Mail
Get Reel LA
P.O. Box 67432
Los Angeles, CA 90067
By Telephone: 310-694-8180
By Email: info@GetReelLA.com
13
Botnets
Get Reel LA retains the right, at our sole discretion, to
terminate any accounts involved with botnets and related activities. If any
hostnames are used as command and control points for botnets, Get Reel LA
reserves the right to direct the involved hostnames to a honeypot, loopback
address, logging facility, or any other destination at our discretion.
14
Other Terms
If any provision of this Terms of Use Agreement shall be
unlawful, void or unenforceable for any reason, the other provisions (and any
partially-enforceable provision) shall not be affected thereby and shall remain
valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other
agreements referenced herein may be assigned by Get Reel LA, in our sole
discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply
in addition to, and shall not be superseded by, any other written agreement
between us in relation to your participation as a User. User agrees that by accepting this
Terms of Use Agreement, Member is consenting to the use and disclosure of their
personally identifiable information and other practices described in our Privacy Policy.
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