User Registration Data; Account Security
In order to access some features of the Site, you may need to become a registered user and create an account (“Account”). You may not use any other person’s Account without permission. In consideration of your use of the Site, you agree to (a) provide accurate and complete registration information (“Registration Data”); (b) maintain the security of your username and password; (c) maintain and promptly update the Registration Data, and any other information you provide to Act 4 Entertainment, to keep it accurate, current and complete; and (d) be fully responsible for all use of your Account and for any actions that take place using your Account. You must notify us immediately of any breach of security or unauthorized use of your Account.
Proprietary Rights; Use of Content on the Site; Limited License
Except for User Content (as defined below) and Third-Party Content (as defined below), all content on the Site, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound, video and other files, and their selection and arrangement together with the trademarks, service marks and logos contained therein (the “Act 4 Content”), is owned by or licensed to Act 4 Entertainment, with all rights reserved and subject to and protected by copyright and other intellectual property rights under law. The Act 4 Content is provided to you “AS IS” for your personal and informational use. No Act 4 Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Act 4 Entertainment’s prior written permission. To the extent Act 4 Entertainment has such rights in the Act 4 Content, you are granted a limited, revocable, nontransferable license to (a) access and use the Site and the Act 4 Content; (b) download or print a copy of any portion of the Act 4 Content (excluding any software code) to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact; and (c) share and/or republish the Act 4 Content via your account with a Third Party Site (defined below) by utilizing the share functionality offered on the Site. The aforementioned license does not include the use of any data mining, robots or similar data gathering or extraction methods and is revocable at any time without notice and with or without cause.
User Content Posted on the Site and Upload Policy
As a registered user, you may upload and post photos, profiles, messages, notes, text, information, music, video, and other content (collectively “User Content”) on or through the Site, or transmit to or share with other users. You are solely responsible for all of your User Content. You may not post, transmit, or share any User Content on the Site that would infringe or violate the rights of third-parties. In furtherance of the foregoing, you represent and warrant that by submitting your User Content you will not be infringing on any other person’s copyright, trademark, trade secret or other proprietary or intellectual property rights, including privacy and publicity rights.
You may remove your User Content from the Site at any time. You understand and agree, however, that Act 4 Entertainment may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. The above licenses granted by you in User Content are perpetual and irrevocable.
Act 4 Entertainment does not control the User Content posted to the Site and, as such, does not guarantee the accuracy, integrity or quality of any User Content. Act 4 Entertainment does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Act 4 Entertainment expressly disclaims any and all liability in connection with User Content. You understand that by accessing the Site, you may be exposed to User Content that is offensive, indecent or objectionable.
You may access other user’s User Content solely for your information and non-commercial, personal use and as intended through the normal functionality of the Site, including without limitation the “streaming” of an audiovisual work. All User Content is made available “AS IS” and may not be copied, reproduced, distributed, or otherwise exploited in any manner other than as intended by the normal functionality of the Site.
Act 4 Entertainment may offer services that are available via your mobile device, including without limitation the ability to upload content and messages to the Site, blog posts, and send and receive messages, instant messages, and other types of communications that may be developed for the Site (collectively the “Mobile Services”). Your mobile carrier’s normal messaging, data and other rates and fees may apply when using the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all mobile carriers or devices. When available, by using any Mobile Services, you agree that we may communicate with you regarding Act 4 Entertainment and the Site and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
Third Party Links, Sites and Content; Third-Party Advertising
Some of the content, services and functionality on the Site, such as widgets, software, applications, articles, photographs and videos, may be provided by third parties (collectively, “Third Party Content”). Site users may be able to view, access and interact with Third Party Content without leaving the Site, including viewing, accessing or interacting with Third Party Content that is imported or “framed” within the Site.
The Site may include links to websites that are not owned, controlled or operated by Act 4 Entertainment (collectively, “Third Party Sites”). In some instances, access to Third Party Content may require the user to register or otherwise interact with a Third Party Site. This sometimes will require the user to navigate away from the Site and complete a registration process at the Third Party Site. In other instances, it may be possible for a Site user to register for or interact with a Third Party Site within Third Party Content appearing on the Site. Any registration with respect to a Third Party Site is separate from any registration for the Site, and will be governed solely by the policies, terms and conditions of the Third Party Site, including privacy and data gathering policies. Please familiarize yourself with those policies, terms and conditions when you register with a Third Party Site. In some instances, third-party applications may request to access and publish information about you or your friends that is included in your Act 4 Entertainment Account.
By linking to a Third Party Site or including Third Party Content on the Site, Act 4 Entertainment does not represent or imply that it endorses, or has reviewed, such websites, platforms, or content. While Act 4 Entertainment may display products or services on the Site offered via Third Party Sites, Act 4 Entertainment cannot ensure that you will be satisfied with any products or services that you purchase, access, or otherwise receive from the Third Party Sites. If you decide to leave the Site and access any Third Party Site or to use or install any Third Party Content, you do so at your own risk and we disclaim any responsibility for any harm resulting from your use of Third Party Content or products or services you may purchase or access through Third Party Sites. You should review the applicable terms and policies of any Third Party Site to which you navigate from the Site or relating to any Third Party Content you use or install from the Site, since the policies for those Third Party Sites may differ from ours, and they may use and share information in ways Act 4 Entertainment does not.
From time to time we may post content on the Site at the request of a third-party that is created and/or owned by such third-parties. Sometimes such third-party will pay Act 4 Entertainment or give Act 4 Entertainment other consideration for posting the content on the Site. When that happens, such content will be differentiated and labeled as “Sponsored.”
As a convenience to users, the Site may offer a service to facilitate users’ being able to identify and locate opportunities for volunteer work with third party organizations. In offering this service, however, Act 4 Entertainment does not endorse and makes no representations or warranties regarding any such third party organizations. Act 4 Entertainment does not and has no duty to investigate the nature, safety, quality or integrity of any organization or of any volunteer opportunities that are offered.
If you participate in any such volunteer activities, you, on behalf of yourself and your heirs, next of kin, spouse, guardians, legal representatives, employees, executors, administrators, agents, successors and assigns (collectively, the “Releasing Parties”), release and forever discharge Act 4 Entertainment, its parents, subsidiaries, affiliates, licensees, successors and assigns, and the officers, director, employees, contractors, partners, shareholders, representatives, members and agents of all of them (collectively, the “Released Parties”) from and against any and all claims, demands, liens, agreements, contracts, actions, suits, costs, attorneys’ fees, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden (collectively, the “Released Claims”) in any way directly or indirectly related to or arising directly or indirectly out of such activities. The Released Claims include those based on negligence of any of the Released Parties, products liability, personal injury, property damage or wrongful death.
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Notwithstanding such provisions, this release shall constitute a full release in accordance with its terms. Releasing Parties knowingly and voluntarily waive the provisions of Section 1542, as well as any other statute, law, or rule of similar effect in any jurisdiction.
User Conduct – Community Guidelines
The Site is available for your personal, non-commercial use only and your involvement on the Site including your posting User Content to the Site will affect and shape the overall community created through the Site. As such we ask that you help us keep the Site functioning properly and a safe and respectful place for all users. Accordingly, there is certain user conduct that is not allowed on the Site. You agree to read and follow the Community Guidelines and not to use the Site to:
- harvest or collect email addresses or other contact information of other Users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact with the Site;
- upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, vulgar, obscene, racist, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- register for an Account on behalf of an individual other than yourself, or register for an Account on behalf of any group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content posted to the Site;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- solicit personal information from anyone or solicit passwords or personally identifying information for commercial or unlawful purposes;
- harm minors in any way;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate, “stalk” or harass another;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another person’s Account, without authorization from Act 4 Entertainment, or create a false identity on the Site;
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Act 4 Entertainment, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Act 4 Entertainment or its users to any harm or liability of any type.
You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Act 4 Content or User Content.
You understand that the technical processing and transmission of the Site services, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge that Act 4 Entertainment may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that postings or other uploaded User Content will be retained, the maximum disk space that will be allotted on Act 4 Entertainment’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that Act 4 Entertainment has no responsibility or liability for the deletion or failure to store any communications or other content maintained or transmitted by the Site. You acknowledge that Act 4 Entertainment reserves the right to log off Accounts that are inactive for an extended period of time. You further acknowledge that Act 4 Entertainment reserves the right to modify these general practices and limits from time to time.
Act 4 Entertainment reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Act 4 Entertainment shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
www.act4entertainment.com, Act4ent.com, Act 4 Entertainment, Act 4, and other Act 4 Entertainment graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, service marks or trade dress of Act 4 Entertainment or its affiliates in the U.S. and/or other countries. Act 4 Entertainment’s trademarks, service marks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Act 4 Entertainment.
Copyright and Intellectual Property Policy
Act 4 Entertainment asks our users to respect the intellectual property of others. It is our policy to respond to clear notices of alleged copyright infringement. In Act 4 Entertainment’s sole discretion, Act 4 Entertainment may remove content that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Act 4 Entertainment has adopted a policy of terminating, in appropriate circumstances and at Act 4 Entertainment’s sole discretion, users who are deemed to be repeat infringers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter-notification.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please file a written notice of infringement with Act 4 Entertainment’s copyright agent containing the information specified below. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights.
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Act 4 Entertainment’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o Act 4 Entertainment, LLC
1323 Ocean Avenue
Santa Monica, CA 90401
1.310.458.4399 (fax) / firstname.lastname@example.org (email)
For clarity, only copyright infringement notices should go to this above e-mail address. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.
If you believe the User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the User Content, you may submit a counter-notice to the address listed above containing the following information:
- Your physical or electronic signature;
- Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to User Content that was removed or disabled. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
We care about the privacy of our users. We will take precautions to protect our users information.
Act 4 Entertainment is not responsible or liable in any manner for any User Content, Third Party Content or Third Party Sites to which the Site is linked, whether posted or caused by users of the Site, by Act 4 Entertainment, by third parties or by any of the equipment or programming associated with or utilized in the Site. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. Act 4 Entertainment is not responsible for the conduct, whether online or offline, of any user of the Site.
The Site may be temporarily unavailable from time to time for maintenance or other reasons. Act 4 Entertainment assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Act 4 Entertainment is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at the Site or combination thereof, including injury or damage to user’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site. Under no circumstances will Act 4 Entertainment be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site, any User Content, Third Party Content or links to Third Party Sites posted on or through the Site or transmitted to users, or any interactions between users of the Site, whether online or offline.
THE SITE, (INCLUDING THE MOBILE SERVICES) Act 4 CONTENT AND THIRD PARTY CONTENT ARE PROVIDED “AS-IS” AND Act 4 Entertainment DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Act 4 Entertainment CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. Act 4 Entertainment DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE Act 4 CONTENT, USER CONTENT, THIRD PARTY CONTENT OR ANYTHING CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SOFTWARE, CONTENT, OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE SOFTWARE) FROM OR THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
Act 4 Entertainment reserves the right to change any and all content, software and other items used or contained in the Site offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Act 4 Entertainment.
Limitation on Liability
IN NO EVENT WILL Act 4 Entertainment OR ITS MEMBERS, PARENTS, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE MANAGERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE, OR ANY OF THE Act 4 CONTENT, THIRD PARTY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF Act 4 Entertainment IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Act 4 Entertainment’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $1,000 USD.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Account Termination Policy
Governing Law; Venue and Jurisdiction
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (“Submissions”), provided by you to Act 4 Entertainment are non-confidential and shall become the sole property of Act 4 Entertainment. Act 4 Entertainment shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.