Effective Date and Date of Most Recent Revision: July 30, 2020
By way of example only, none of the Talent Submissions and/or the Breakdowns may be copied, shared, and/or posted at any social networking or content-sharing website of any kind whatsoever, including but not limited to Facebook, Myspace, YouTube, Twitter, etc. (See Section 5.5(h) below)
(a) Talent and their authorized talent representatives to upload resumes, photographs, audio and audiovisual clips, artwork, text, and other information and materials (collectively, “Talent Submissions”) to the Website(s), and
(b) Casting directors, advertising agencies, producers, directors and other potential employers of actors to view the Talent Submissions, and
(c) The viewing of breakdowns prepared and owned by Breakdown (“Breakdowns”) by Users who are authorized to do so.
Various terms and conditions for the access or use of these resources and facilities, such as functions, descriptions, instructions and other particulars regarding these resources and facilities, are posted at the Website(s) and are incorporated by reference in the TOU. The following terms and conditions apply to specific categories of Users.
5.1 Talent Representatives. Users who are talent representatives, and who upload Talent Submissions to the Website(s), hereby represent and warrant to Breakdown as follows: (a) they are fully authorized to do so by their clients pursuant to signed written agreements between the talent representative and the client; (b) the Talent Submissions are accurate, correct, and complete as to all particulars stated therein, (c) the contents of Talent Submissions may be used by Breakdown and/or its clients as contemplated in the TOU without the knowledge, consent, or approval of any third party, whether under the Fair Use Doctrine or otherwise, and such use will not expose Breakdown and/or its clients to any liability of any kind whatsoever, including but not limited to claims based on breach, infringement, impairment, and/or interference with rights under contract, copyright, trademark, privacy, publicity, confidentiality, and/or defamation; and (d) they are duly licensed as talent agents or talent representatives, or are otherwise authorized to post Talent Submissions, under the applicable laws of the place where they do business. Breakdown does not make any representations, warranties, indemnities or guarantees that use of the Website(s) or the other products and services of Breakdown will result in bona fide offers of employment or employment. By way of further example, only talent agents and/or talent representatives, and not managers, are eligible to post Talent Submission to the database maintained by Breakdown; however, individuals who are both licensed talent agents or talent representatives and managers may do so. Under no circumstances shall Breakdown be deemed to have encouraged and/or induced any User to post Talent Submissions to the database maintained by Breakdown merely by making such database available for use; rather, any such postings shall be the sole decision of the User alone acting at the User’s own initiative in strict compliance with the TOU and all applicable laws.
5.2 Casting Directors, Producers, Directors, Etc. Users who are casting directors and/or producers, directors, and other Users who make casting decisions hereby represent and warrant to Breakdown that they are bona fide prospective employers of actors in the production of entertainment and/or advertising, and/or they are engaged in the business of, among other things, recommending the employment of actors to others who are engaged in the production of entertainment and/or advertising, and acknowledge and agree that access to Talent Submissions is granted for such purposes only and for no other purpose whatsoever. By way of example only, and without limiting the foregoing, the contents and facilities of Breakdown shall not be used to offer revenue-generating products and services sold by the Users who are casting directors to actors or their talent representatives and/or to extend social or personal contacts and communications to actors or their talent representatives.
5.3 Parental Consent to Provide Information About Minors. Users who are talent representatives hereby acknowledge and agree that it is the sole responsibility of the User to secure all legally necessary and verifiable consents, permissions and “opt-ins” from the parents and/or guardians of the minor actor before providing Breakdown with information about their clients who are under the age of 13 for all of the uses contemplated in the TOU, and hereby expressly represent and warrant to Breakdown that they have done so. Each such User expressly acknowledges and agrees that Breakdown is entitled to and will rely on the foregoing representations, warranties and agreements of the User in accepting and using Talent Submissions about minor actors, and that Breakdown shall have the right to terminate the TOU if the User is in breach or default of the foregoing representations, warranties and agreements.
5.4 All Users. Each User represents, warrants, acknowledges and agrees as follows:
(a) User Is Authorized. The User is 13 years of age or older and is authorized and empowered to enter into and perform his or her obligations under the TOU.
(c) User Assures Accuracy in Providing Information. All aspects and elements of the Talent Submissions, including but not limited to the name(s), age, work experience, educational background, representation and contact information of the actor represented by the User, are current, correct, complete and accurate at the time it is submitted, and the User shall regularly update any and all such information by notice in writing to Breakdown in order to ensure that it remains current, correct, complete and accurate.
(d) User Has Authority or Has Obtained Permission. The Talent Submissions are owned and controlled exclusively by the User who uploaded or otherwise provided them to Breakdown and can be used by Breakdown and/or its clients as contemplated in the TOU without the knowledge, consent, or approval of any third party, and will not expose Breakdown and/or its clients to any liability of any kind whatsoever, including but not limited to claims based on breach, fraud, infringement, misappropriation, impairment, and/or interference with rights under contract, copyright, trademark, false advertising, unfair competition, privacy, publicity, confidentiality, and/or defamation and/or claims based on violation of any law, statute, rule or regulation. By way of example only, and without limiting the foregoing, if the notification and/or permission of any third party is required for any uses of the Talent Submissions by Breakdown and its clients, then User has secured such permission in writing prior to submitting any of the Talent Submissions to Breakdown and will provide correct and complete copies of such written permissions to Breakdown upon its request.
(e) Talent Submissions May Not Contain Offensive Material. No portion of the Talent Submissions is obscene, lewd, lascivious, filthy, violent, harassing, pornographic, abusive, threatening, criminal, offensive, or otherwise inappropriate or objectionable, and Breakdown shall have the ongoing and unfettered right to review the Talent Submissions, monitor the access to and use of the Website(s) by the User, and to refuse or remove any of the Talent Submissions that Breakdown deems to be inappropriate or objectionable in its sole and absolute discretion. However, Breakdown does not undertake to screen the Talent Submissions, and/or materials provided by third parties, and shall have no duty to do so. Breakdown disclaims any affiliation, sponsorship or endorsement of the Talent Submissions and/or any materials submitted by third parties.
(f) User Acquires No Rights. Except as to rights in the Talent Submissions owned by the User who uploaded or otherwise provided them to Breakdown, any User who views the Talent Submissions acquires no rights of any kind whatsoever in and to the information, content and materials made available through the Website(s) with the sole exception of the limited license(s) granted by Breakdown to the User in Section 6 below.
(g) No Use for Any Purpose Not Expressly Authorized. All Users are obliged to receive, hold and use the Talent Submissions and Breakdowns in strict trust and confidence, and shall not use such materials for any purpose not expressly authorized in the TOU (which incorporates by reference various terms and conditions that are posted at the Website(s)), and shall not share, copy, post, transmit, broadcast, exhibit or otherwise use such materials for any other purpose.
(h) No Copying, Sharing or Posting. By way of example only, and without limiting the foregoing, none of the Talent Submissions and/or the Breakdowns may be copied, shared, and/or posted at any social networking or content-sharing website of any kind whatsoever, including but not limited to, by way of example, Facebook, Myspace, YouTube, Twitter, etc.
(i) No Linking by User. The User may not link from his, her or its websites to any portion of the Website(s).
(j) Prohibited Conduct. The User shall not access or use the Website(s) for any purpose except those specifically authorized by Breakdown. The User, whether alone and/or in conjunction with others, shall not engage in any activity or conduct that results, whether directly or indirectly, in the disruption or interruption of the Website(s); the interference with access and/or use of the Website(s) by other users; the addition, deletion and/or modification of the Website(s); the collection, recording, storage, and/or use of personal data about other users of the Website(s); the breach, or attempt to breach, the security and/or authentication features of the Website(s); the modification, reverse engineering, decompilation, decoding, disassembly or otherwise accessing of the source code used by Breakdown in connection with the Website(s); the linking to the Website(s) in any manner that is false or misleading to the user; the use of the Website(s) to send unsolicited communications, whether personal or commercial in nature; the use of the Website(s)’ domain name(s) as a pseudonymous return email address; and/or the registration or use of any domain name that contains or is confusingly similar to the Website(s) domain name(s). Without limiting the foregoing, and by way of example only, the User may not introduce any viruses, Trojan horses, spyware, or other software of any kind whatsoever, or engage in “flooding,” “spamming,” “spoofing,” “mail bombing,” “crashing,” “framing,” “deep-linking,” or the forgery of any information that states or suggests a false affiliation or origin of emails and other electronic matter.
(k) No Endorsements or Guarantees by Breakdown. The User acknowledges and agrees that Breakdown does not endorse or guarantee any of the Talent Submissions and/or Breakdowns that are made available through the Website(s), and/or any of the Users who may access the Website(s), and/or any third-party advertising or links that may be displayed at the Website(s), and that Breakdown shall have no responsibility or liability for such matter or for such persons.
(l) Rights in Talent Submissions. All rights in Talent Submissions as submitted by Users who are talent and/or talent representatives are reserved to the Users, subject to the rights of Breakdown under the TOU. However, the User shall acquire no rights of any kind in any alterations, modifications, revisions or additions to the Talent Submissions developed by Breakdown.
6.1 By the User to Breakdown. The User hereby grants a license to Breakdown to generally use the Talent Submissions, in whole or in part, alone and/or in conjunction with other materials, but only in connection with the services of Breakdown and its affiliates as made available at in connection with the Website(s) pursuant to the TOU. The license granted by the User to Breakdown is non-exclusive, irrevocable, royalty-free, fully transferable and sublicensable, applicable throughout the world, in any and all languages and in any and all media now known or hereafter devised, and shall remain in full force and effect as set forth in Section 10 below. Subject to the rights of Breakdown and its sublicensees under the license granted here and the other terms and conditions of the TOU, the User reserves the copyright and all other intellectual rights in and to the Talent Submissions.
6.2 By Breakdown to the User. Conditioned on the receipt and acceptance of order(s) from the User for the purchase of services from the User as described in Section 7 below, Breakdown hereby grants a limited license to the User to access and use the Website(s) as set forth in the TOU (which incorporate by reference various terms and conditions posted at the Website(s). The User specifically acknowledges and agrees to be bound by special terms, conditions and limitations that are applicable to Talent Submissions, Breakdowns, and other products and services of Breakdown, and the various terms, conditions and limitations that are applicable to various categories of Users. The license is personal, revocable, non-exclusive, non-transferable and non-sublicensable, conditioned on payment in full of amounts owed by the User to Breakdown, and shall remain in effect as set forth in Section 10 below. Subject to the right of the User to access and use the Website(s) and other products and services of Breakdown as set forth in the TOU, and excluding content licensed to Breakdown for use at the Website(s) (such as, by way of example only, the Talent Submissions and third-party advertising), Breakdown reserves ownership of copyright, trademark and all other intellectual property rights in and to the Website(s), their contents, and its other products and services (“Breakdown Materials”).
6.3 No Contact for Purposes of Solicitation, Advertising, Marketing or Promotion. The User is expressly prohibited from using information displayed at the Website(s) for the purpose of contacting any actors or other third parties for purposes of solicitation, advertising, marketing or promotion of goods and services of any kind whatsoever. By way of example only, and without limiting the foregoing, no User who purports to be a casting director may solicit talent to participate in an acting class or to purchase other goods and services from the User outside the project for which a casting opportunity has been posted.
10.1 Access to Breakdowns. As to the use of Breakdowns by the Users who are talent or talent representatives, the term during which Breakdown will make Breakdowns available to such Users, and the term during which such Users may make use of the Breakdowns as permitted under the TOU, shall be equal to the term during which Breakdown is obliged to render services to such Users as contemplated in Section 7 above.
10.2 Access to Talent Submissions by Casting Directors. As to the use of Talent Submissions by Users who are casting directors, the term during which Breakdown will make Talent Submissions available to such Users, and the term during which such Users may make use of Talent Submissions as permitted under the TOU, shall be equal to the term during which Breakdown is obliged to render services to such Users as contemplated in Section 7 above.
10.3 Termination. Breakdown shall have the right, at any time and in its sole and absolute discretion, with or without cause, to terminate the TOU, the User’s access to the Website(s), and the provision of services to the User prior to the expiration of the term described above. Grounds for termination for cause include but are not limited to (a) non-payment by the User of the amounts owed for services provided by Breakdown, and/or (b) any breach or default by the User under the TOU, and/or (c) as otherwise provided in the TOU, and/or (d) any breach or default by talent representatives under contracts to which such talent representatives and Breakdown are also parties such as, by way of example only, Script Analysis Agreements. Upon expiration or termination, the User shall no longer have the right to access and/or use the Website(s), the Talent Submissions, the Breakdowns, the Breakdown Materials, and/or the other products and services of Breakdown.
Internet Service Provider: Internap (firstname.lastname@example.org)
Hosting Company: Nonfat Media (Contact John Cornelius at email@example.com)
Name of Agent Designated to Receive Notification of Claimed Infringement on behalf of Breakdown: Jonathan Kirsch, Esq.
Full Address of Designated Agent to Which Notification to Breakdown Should Be Sent: Law Offices of Jonathan Kirsch, 1880 Century Park East, Suite 515, Los Angeles, CA 90067
Telephone Number of Designated Agent: (310) 785-1200
Facsimile Number of Designated Agent: (310) 286-9573
Email Address of Designated Agent: firstname.lastname@example.org
If to the User: At the address given by the User at the time of registration and/or the purchase of services from Breakdown.
If to Breakdown: 2140 Cotner Avenue, Third Floor
Los Angeles, CA 90025
or to such new and different address as may be posted from time to time in the TOU as posted at the Website(s).
With a copy to: Law Offices of Jonathan Kirsch, Attn.: Jonathan Kirsch, 1880 Century Park East, Suite 515, Los Angeles, CA 90067,
or such new and different address as may be posted from time to time in the TOU as posted at the Website(s).
GDPR AND CCPA COMPLIANCE STATEMENT
Notwithstanding any other term or condition of the TOU, Breakdown complies with the applicable provisions of the General Data Protection Regulation of the European Union and the California Consumer Privacy Act regarding personal data collected from Users, including individuals who reside in the European Union.
Breakdown is the data controller of the personal data collected from Users.
Users have the right, at any time, to: (a) withdraw their consent to the collection and processing of personal data; (b) access the personal data and rectify, erase or block the data, (c) receive the personal data that Breakdown has collected and to transmit the personal data to another data controller, and/or(c) object to the processing of their personal data without express consent. Users may exercise these rights by contacting Gary Marsh, Data Protection Officer, at (310) 276-9166.
By clicking on the I AGREE on the registration page of the Website(s), however, Users are also acknowledging and agreeing that (a) Breakdown is authorized to transfer their personal data outside the European Union, and (b) because Breakdown is explicitly authorized to make the personal data of some Users to third parties, Breakdown will be able to rectify, erase or block the data that remains under its direct control but may not be able to do the same for personal data that has already been made available to third parties with the consent of the User. By way of example only, once the personal data of a User who is an actor is submitting to a User who is a casting director, Breakdown is not able to withdraw or change the personal data that has been submitted to the casting director.
Breakdown collects and processes personal data only for the specified purposes that are explicitly set forth in the TOU and only to the extent that the collection and processing of personal data is adequate, relevant and not excessive in relation to these purposes.
Breakdown uses its best efforts to assure that personal data is accurate when collected and updated when and where necessary to meet that objective.
Breakdown takes every reasonable step to correct or delete personal data that is inaccurate or incomplete.
Personal data collected by Breakdown is kept for no longer than is necessary for the purposes for which the data was collected or for which it is further processed, and is deleted if and when it is no longer necessary for these purposes.
Breakdown utilizes appropriate technical and organizational measures to protect against loss, alteration and/or unauthorized disclosure of, and/or access to, personal data and/or the unauthorized processing of personal data.
(collectively, “the Website(s)”). The site operator is Breakdown Services, Ltd., a California corporation (“Breakdown”), 2140 Cotner Avenue, Third Floor, Los Angeles, CA 90025. The agent for Breakdown is Gary Marsh, Tel.: (310) 276-9166.
User-Provided Information. Breakdown collects information that is provided by the User during the registration process, and/or embodied in Talent Submissions provided by the User to Breakdown. Such information may include, but is not limited to, legal and professional names; address, phone numbers, email addresses, and other contact information; agency and management representation; physical appearance and characteristics; work experience; educational experience, guild and other memberships and affiliations; photographs, audio clips, and audiovisual clips; and so on. All of the User-Provided Information (with the sole exception of financial data, such as credit card numbers, provided by the User in connection with the on-line purchase of goods and services) is intended by the User to be made available by Breakdown to third parties, including casting directors, producers, directors, studios, etc. and is provided by the User to Breakdown for such purposes.
Credit Card Transactions. If you provide credit card and other financial information in connection with the on-line purchase of goods and services from Breakdown, from Users, such information shall be used by Breakdown (and/or third-party services engaged by Breakdown) only for the purpose of processing the payments and will not be maintained on file by Breakdown.
Updating of User-Provided Information. Once the User has registered with Breakdown, Users who are 13 years of age or older will not be able to remove the registration information or the records of his, her or its activity on or usage of the Website(s) from Breakdown’s databases. The User may contact Breakdown to review, update or change any such personal information. To review personal information or make such changes, the User may contact tBrian Shook at (310) 276-9166.
Cookies. The Website(s) may employ "cookie" technology to keep track of a User’s activity and usage of the Website(s) and to collect and store information between a User’s visits to the Website(s). Cookies are small text files stored on the User’s computer that a website can use to recognize repeat users and to facilitate each user's ongoing access to and use of a website. Generally, cookies work by assigning a unique number to the user that has no meaning outside of the assigning site. Breakdown cannot control the use of "cookies" by advertisers or third parties hosting data or facilities for the Website(s). Users who elect to remove or disable the “cookies” on their computers may impair the functionality of the Website(s).
Release of Information Under Other Circumstances. Breakdown reserves the right to disclose information whenever required to do so in order to comply with applicable law and/or legal process, and/or to enforce the terms of the TOU or any other agreement between the User and Breakdown, and/or the protect or enforce the rights, property, safety, or security of Breakdown, its advertisers and affiliates, and its employees, contractors, vendors, agents and representatives.
AND OTHER APPLICABLE LAWS
Children’s Online Privacy. Breakdown does not provide services directed to minors under the age of 13, and does not otherwise target minors under the age of 13, except as set forth below.
Users Under the Age of 13. Some Users represent actors under the age of 13who wish to utilize the products and services of Breakdown in order to seek employment as performers. Breakdown accepts Talent Submissions provided by Users whose clients under the age of 13only under the circumstances and procedures described below.
Online Privacy Protection Policy for California Residents
California Consumer Privacy Act
As may be required under various applicable laws, including the California Consumer Privacy Act (CCPA), and depending on where you live or work, you rights may include: (i) the right to be notified of the personal data collected from Users, and the purpose for collecting each category of information, at or before the point at which the personal data is collected; (ii) the right to request the disclosure of the categories of information that are collected, sold and/or disclosed; (iii) the right to receive copies of specific personal data that has been collected; (iv) the User’s right to withdraw his or her consent to the collection and processing of personal data and/or the use of “cookies”; (v) the right to be notified before personal data is sold to a third party and the opportunity to “opt-out” of the sale of such personal data; (vi) the right to access the personal data and rectify, erase or block the personal data; (v) the right to receive the personal data that we have collected and to transmit the personal data to another data controller; and (vii) the right object to the processing of the User’s personal data without express consent, that is, the right to “opt out.”
“Shine the Light” Law
California’s “Shine the Light” law (Cal. Civ. Code Sections 1798.80, et seq.) provides California residents with the right to receive certain disclosures when personal information that has been collected online is shared with third parties for direct-marketing purposes.
If you are a California resident and you provided personal information to AFAA.com and/or E-AFAA.com in the past, and/or if you do so in the future, you are entitled to submit a request in writing to AFAA for a description of the information we may have provided to third parties. To submit your written request, please send it to us using our contact form (click here for contact form) and put the following words in the subject line of the email: “California Privacy Request.”
Within 30 days after receipt of your request, we will send you a list of the categories of personal information disclosed to third parties during the immediately preceding calendar year, along with the names and addresses of the third parties who actually received such information, if any.
We reserve our right not to respond to requests sent more than once in a calendar year.
Please note that the California “Shine the Light” law does not cover all categories of information that may be collected and disclosed or shared, and our policy relates only to information covered by the law.
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