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Last Updated 01/30/02
Ownership
Welcome to the KidActors Web site at kidactors.com (Site) which is owned by KidActors.
This Site
is operated by KidActors and materials on the Site are owned, for the most part,
by KidActors. The
Site may also include materials owned by third parties and posted on the
Site by virtue of a license,
grant or some other form of agreement between the third party
and KidActors.
KidActors has created this Site for your personal enjoyment, entertainment and
education. However,
you are only authorized to access this Site or to use the materials
contained in the Site (regardless
of whether your access or use is intended) if you agree
to abide by all applicable laws, and to these
Terms of Use which constitute an Agreement
between you and KidActors. Please read these Terms
of Use carefully and save them. If you
do not agree with them, you should leave this Site
immediately. Any questions or comments
regarding, or problems with, this Site should be sent to
the Site Administrator at
admin@kidactors.com.
KidActors reserves the right to modify or amend this Agreement without notice at any
time. It is
therefore important that you read this page regularly to ensure you are
updated as to any changes.
If you become aware of misuse of this Site by any person, please contact the Site
Administrator with
your concerns. Access and Use
All materials contained in this Site are protected by international trademark and
copyright laws and
must only be used for personal, non-commercial purposes. This means
that you may only view or
download material from this Site for your own use and you must
keep all copyright and other
proprietary notices attached to the downloaded material.
The reproduction, duplication, distribution (including by way of email, facsimile or
other electronic
means), publication, modification, copying or transmission of material
from this Site is strictly
prohibited unless you have obtained the prior written consent
of KidActors or unless it is expressly
permitted by this Site. The material covered by
this prohibition includes, without limitation, any text,
graphics, logos, photographs,
audio or video material or stills from audiovisual material available on
this Site. The
use of materials from this Site on any other Web site or networked computer
environment is
similarly prohibited. Requests for permission to reproduce or distribute materials
found
on this Site can be made by contacting KidActors in writing at
admin@kidactors.com.
You are also strictly prohibited from creating works or materials that derive from or
are based on the
materials contained in this Site including, without limitation, fonts,
icons, link buttons, wallpaper,
desktop themes, online postcards and greeting cards and
unlicensed merchandise. This prohibition
applies regardless of whether the derivative
materials are sold, bartered or given away.
Bulletin Boards and Chat Rooms
You are welcome to post, transmit or submit messages and other materials (which include
uploading
files, inputting data or any other materials or engaging in any form of
communication in connection
with this Site) (collectively Messages) to bulletin boards,
chat rooms or other public areas within, or
in connection with, this Site (collectively
Forums). However, KidActors accepts no responsibility
whatsoever in connection with or
arising from such Messages.
KidActors does not endorse and has no control over the content of Messages submitted by
others to
Forums. Messages submitted to Forums are not necessarily reviewed by KidActors
prior to posting
and do not necessarily reflect the opinions or policies of KidActors.
KidActors makes no warranties,
express or implied, as to the content of the Messages in
the Forums or the accuracy and reliability
of any Messages and other materials in the
Forums. Nonetheless, KidActors reserves the right to
prevent you from submitting Materials
to Forums and to edit, restrict or remove such Messages for
any reason at any time.
KidActors assumes no responsibility for actively monitoring Forums for inappropriate
Messages. If at
any time KidActors chooses, in its sole discretion, to monitor the Forums,
KidActors nonetheless
assumes no responsibility for the content of the Messages, no
obligation to modify or remove any
inappropriate Messages, and no responsibility for the
conduct of the user submitting any Message.
In submitting Messages to Forums, you agree to
strictly limit yourself to discussions about the
subject matter for which the Forums are
intended. You agree that KidActors accepts no liability
whatsoever if it determines to
prevent your Messages from being submitted or if it edits, restricts or
removes your
Messages. You also agree to permit any other user of this Site to access, view, store
or
reproduce the material for that other user's personal use and not to restrict or inhibit
the use of the
Site by any other person.
You agree that you will not submit Messages to Forums that:
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are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including
any communication that constitutes (or encourages conduct that would constitute) a
criminal offense, gives rise to civil liability or otherwise violates any local, state,
national or international law;
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violate the copyright, trademark or other intellectual property rights of any other
person. By submitting Messages to Forums, you represent to KidActors that you are the
rightful owner of such material or that you have first obtained permission to submit the
material from the rightful owner;
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improperly assume or claim the identity, characteristics or qualifications of another
person;
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are for purposes of spamming;
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contain any virus or other harmful component;
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are libelous, or an invasion of privacy or publicity rights or any other third party
rights; or
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are for commercial purposes or contain advertising or are intended to solicit a person
to buy or sell services or to make donations.
You agree that any Message whatsoever submitted by you becomes the property of
KidActors and
may be used, copied, sublicensed, adapted, transmitted, distributed,
publicly performed and
published, displayed or deleted as KidActors sees fit.
You agree to release KidActors, its parents, affiliates or clients together with their
respective
employees, agents, officers, directors and shareholders, from any and all
liability and obligations
whatsoever in connection with or arising from your use of Forums. If at
any time you are not happy
with the Forums or object to any material within Forums, your sole remedy
is to cease using them.
Unsolicited Submissions
KidActors does not knowingly accept unsolicited submissions including, without
limitation,
submissions of scripts, story lines, articles, fan fiction, characters,
drawings, information,
suggestions, ideas or concepts. KidActors' policy is to simply
delete any such submission without
reading it or forwarding it to other KidActors staff.
Therefore, any similarity between an unsolicited
submission and any elements in any
KidActors creative work including, without limitation, a film,
series, story, title or
concept would be purely coincidental.
If unsolicited submissions are sent to KidActors via this Site, however, these
submissions become
the property of KidActors and may be used, copied, sublicensed,
adapted, transmitted, distributed,
publicly performed, published, displayed or deleted as
KidActors sees fit. You agree that you are not
entitled to any compensation, credit or
notice whatsoever and that by sending an unsolicited
submission you waive the right to
make any claim against KidActors, its parents, affiliates or clients
relating to
unsolicited submissions, including, without limitation, unfair competition, breach of
implied
contract or breach of confidentiality.
Employment Opportunities
KidActors may, from time to time, post KidActors employment opportunities on the Site
and/or invite
users to submit resumes to it. If you choose to submit your name, contact
information, resume
and/or other personal information to KidActors in response to
employment listings, you are
authorizing KidActors to utilize this information for all
lawful and legitimate hiring and employment
purposes. KidActors also reserves the right,
at its sole discretion, to forward the information you
submit to its parents, subsidiaries and affiliates for legitimate
business purposes. Nothing in these
Terms of Use or contained in the Site shall constitute a promise by
KidActors to interview, hire or
employ any individual who submits information to it, nor shall anything
in these Terms of Use or
contained in the Site constitute a promise that KidActors will review any
or all of the information
submitted to it by users.
Linked Sites and Advertising
If you are interested in creating hypertext links to this Site, you must contact
KidActors at
admin@kidactors.com before
doing so. In establishing hypertext links, you must not represent in
any way, expressly or
by implication, that you have received the endorsement, sponsorship or
support of this
Site or KidActors, including its respective clients, employees, agents, directors,
officers and shareholders.
If KidActors has provided links or pointers to other Web sites, no inference or
assumption should be
made and no representation should be implied that KidActors is
connected with, operates or controls
these Web sites.
KidActors is not responsible for the content or practices of third party Web sites that
may be linked
to this Site. This Site may also be linked to other Web sites operated by
companies affiliated or
connected with KidActors. When visiting other Web sites, however,
you should refer to each such
Web site's individual Terms of Use and not rely on this
Agreement.
KidActors takes no responsibility for third party advertisements which are posted on
this Site, nor
does it take any responsibility for the goods or services provided by its
advertisers.
Disclaimer of Liability and Warranties
While KidActors does its best to ensure the optimal performance of the Site, you agree
that you use
this Site and rely on material contained in this Site at your own risk.
The Site, and all materials in this Site, are provided "as is" and, to the
fullest extent permitted by
law, are provided without warranties of any kind either
express or implied. This means, without
limitation, that KidActors DOES NOT WARRANT that
the Site is fit for any particular purpose; that
the functions contained in the materials
in the Site will be uninterrupted; that defects will be
corrected; that the Site is free
of viruses and other harmful components or that the Site is accurate,
error free or
reliable.
You acknowledge that KidActors, its parents and affiliates together with their
respective employees,
agents, directors, officers and shareholders, IS NOT LIABLE for any
delays, inaccuracies, failures,
errors, omissions, interruptions, deletions, defects,
viruses, communication line failures or for the
theft, destruction, damage or unauthorized
access to your computer system or network.
You acknowledge that KidActors is not liable for any defamatory, offensive or illegal
conduct or
material found in connection with this Site, including such conduct or
material transmitted by any
means by any other person.
You acknowledge that KidActors is not liable for any damages, including, without
limitation, direct,
incidental, special, consequential or punitive damages, in connection
with or arising from your use or
from your inability to use the Site.
Indemnity
You agree to defend, indemnify and hold harmless KidActors, its parents, affiliates or
clients
together with their respective employees, agents, directors, officers and
shareholders, from and
against all the liabilities, claims, damages and expenses
(including reasonable attorney's fees and
costs) arising out of your use of this Site;
your failure to use the Site; your breach or alleged breach
of this Agreement or your
breach or alleged breach of the copyright, trademark, proprietary or other
rights of third
parties.
Termination
KidActors reserves the right to immediately terminate your use of, or access to, this
Site at any time
if KidActors decides at its sole discretion for any reason or for no
reason, including, without
limitation, for lack of use, breach of this Agreement or any relevant
law, rule or regulation or you have
engaged in conduct that KidActors considers to be inappropriate or
unacceptable. You agree that
any termination of your access to the Site may be immediate and without
prior notice.
Other
This Agreement operates to the fullest extent permissible by law. If any provision of
this Agreement
is unlawful, void or unenforceable, that provision is deemed severable from
this Agreement and does
not affect the validity and enforceability of any remaining
provisions.
This Agreement is governed by, and construed in accordance with, the laws of the State
of Texas
without giving effect to any principles of conflicts of law. You agree to submit
to the exclusive
jurisdiction of the courts of the State of Texas for resolution of any
dispute, action or proceeding
arising in connection with this Agreement or your use or
non-use of the Site, and you further
irrevocably waive any right you may have to trial by
jury in any such dispute, action or proceeding.
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