Terms and Conditions of Use

Welcome to The Agency!

Please take a moment to familiarize yourself with this page, we're excited to start working with you! 

("The Site" refers to www.theagencyonline.com) 

This Site is provided to you for your personal entertainment, information, education and communication through our featured content and interactive forums on the World Wide Web.

Please read these Terms and Conditions carefully. These Terms and Conditions include our policy for acceptable use of the Site and content posted on the Site, your rights, obligations and restrictions regarding your use of the Site and the Site's Privacy Policy found here.

By accessing this Site, you accept, without limitation or qualification, the following Terms and Conditions. You are only authorized to use the Site and its services if you agree to abide by all applicable laws and to these Terms and Conditions. If you do NOT accept the Terms and Conditions, then please discontinue your use of the Site.

We may modify these Terms and Conditions from time to time and such modification shall be effective upon posting on the Site. You agree to be bound to any changes to these Terms and Conditions when you use the Site after any such modification is posted. It is important that you review these Terms and conditions regularly to ensure you are updated as to any changes made. These Terms and Conditions constitute the entire agreement regarding your use of the Site and the services it offers and supercede any such prior terms.

Without limiting any other provisions of this Agreement, you may not use this Site for any purpose that is unlawful or prohibited by this Agreement and/or any applicable additional terms. Your access to this Site may be terminated immediately in our sole discretion, with or without notice, if you fail to comply with any provision of this agreement and/or additional terms, including the site's rules, or for any other reason, or no reason. You expressly agree not to:

*     Act as an agent, affiliate or representative of the site and utilize this Site or its contents for any commercial purpose other than for which the site is intended without express written permission from the Site;

*   "frame," "mirror" or otherwise incorporate any part of this Site into any other website without our prior written permission.

*    Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure; and

*    Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

Use of Site - Members' Accounts

Only members of the Agency with an active Client account may contact talent on the site for castings, photo-shoots, productions, open calls, go-sees, etc. If you have a talent account you may not use the Agency to cast projects or contact other talent for projects you are involved with, unless you have our prior written consent. Anyone with casting needs or interest in using the agency to find talent may email us at clients@theagencyonline.com. It's 100% free to set up a client account and we're happy to help.

Cancellation - Any member of the agency may cancel their profile and stop payment anytime, via the last option in the 'Settings' menu on the left of your profile. Just click Settings -> Payment Details (last option), then click 'deactivate my profile' on that page. Deactivation must be done by you directly, and takes immediate effect. There is no cancellation fee, no contract, and no cost to re-start your profile or resume your use of the Agency at a later time. You are always welcome to re-activate anytime!

Change of Payment Information - If you need to change your payment details, or that card you are using to make payments, simply access the 'Payment Details' option in the 'Settings' menu on the left of your profile. Payment information, and your subscription preferences, can be changed at any time. 

Use of Promotional codes - The Agency occasionally releases promotional codes to allow new users to try our site for a free trial period. Any talent or member using the Agency may only use a promotional code one single time per person. Repeated use of the same promotional code/ discount by any member is not allowed.

All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities, which occur under their account whether authorized or not authorized. Member agrees to notify THE AGENCY ONLINE of any unauthorized use of Member's account or any other breach of security known or should be known to the Member. Member's right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of THE AGENCY ONLINE.

Refund Policy

THE AGENCY ONLINE charges membership fees for each paid membership account. Paid membership fees are renewed according to the User's selected renewal options, unless deactivated by the subscribing User. THE AGENCY ONLINE will automatically charge the membership fee to the User's designated payment method and you authorize us to charge such payment method for the appropriate membership fees and amounts stated. THE AGENCY ONLINE reserves the right to increase membership fees or to institute new fees at any time, upon reasonable notice posted in advance on this Website. The act of paying fees does not exclude the member from these terms or the site's rules, which must be obeyed by all members.

THE AGENCY ONLINE does not provide refunds for any membership fees. Downgrades to a less expensive membership or cancellation of any membership will not result in any refund or credit of fees already paid. Membership fees are charged up-front and no refunds or credits will be given upon cancellation or downgrades. The downgrade of a membership will go into effect at the end of your current billing cycle.

The material on this Site is protected by copyright, trademark, and other applicable laws. Much of the content of this site is owned by individual members of the community and therefore you may NOT modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material belonging to the Site or its members, including but not limited to text, photos, audio, video, code and software. During your visit and in the course of your normal use of the site, you may download or utilize material displayed on the Site for non-commercial, personal use only (provided that you also retain all copyright and other proprietary notices contained on the materials). We neither warrant nor represent that your use of materials displayed on the Site will not infringe rights of third parties not owned by us or affiliated with this Site. Neither our staff nor we will be responsible for any misleading, false or otherwise injurious information and advice communicated on the Site or for any results obtained from the use of such information or advice. We will not be liable for any loss or damage suffered by a user through the user's reliance on information and advice gained on the Site.

The Site may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or others ("Post" or "Postings"). Postings do not reflect our views; and we do not have any obligation to monitor, edit, or review any Postings on the Site. We assume NO responsibility or liability arising from the content neither of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on the Site. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

Without limiting the foregoing, the following behaviors are strictly prohibited:

* Actions that are hurtful to minors,

* Harassing, intimidating, stalking or threatening other community members,

* Libelous, defamatory or otherwise tortuous language,

* Online vandalism,

* Strong, vulgar, obscene or otherwise harmful language,

* Invasion of another's privacy,

* Impersonation of another person,

* Racially, ethnically or otherwise, objectionable language,

* Posting, distributing, transmitting or promoting illegal content,

* Posting, providing, transmitting or otherwise making available any materials or information infringing on the rights of a third party,

* Posting, uploading, emailing or otherwise transmitting any material that contains any malicious computer code, or reverse engineering or hacking any materials on the Site.

* Posting, providing, transmitting or otherwise making available any junk mail or spam, and

We will fully cooperate with any law enforcement authorities or court order requesting or directing the Site to disclose the identity of anyone posting any such information or materials.

PLEASE NOTE: If you produce visual depictions of human beings engaged in sexually-explicit conduct, you may be subject to the name- and age-verification, recordkeeping, and labeling requirements of 18 U.S.C. §2257. You can find more information on 18 

U.S.C. §2257 and compliance here.

http://en.wikipedia.org/wiki/Child_Protection_and_Obscenity_Enforcement_Act

http://www.law.cornell.edu/uscode/18/usc_sec_18_00002257----000-.html

Intellectual Property

When you post content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the content on the Site. Through the action of posting such content (images, text, video, etc) you are also granting the Site a non-exclusive worldwide license to use, copy, publicly display, publicly perform, reformat, translate such User content (in whole or in part) and distribute such content in connection with operation of the Site. This limited license does not grant THE AGENCY ONLINE the right to sell or otherwise distribute your Content outside of THE AGENCY ONLINE Services without the express permission of the rights holder(s).

You represent and warrant that: (i) you own the content posted by you on or through the Site or otherwise have the right to grant the license set forth below, and (ii) the Posting of your content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. If at any point you feel that others may be infringing on these rights, please contact us. You may find our contact information in the section on Infringement Policy below.

You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. This Site does not assert any ownership over your User Content; rather, as between you, subject to the rights granted to us in these Terms, and us you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

Copyright and Trademarks

Any use of materials on the website, including reproduction, 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 THE AGENCY ONLINE is strictly prohibited. Users 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 THE AGENCY ONLINE

THE AGENCY ONLINE ‘s trademarks may not be used in connection with any product or service that is not provided by THE AGENCY ONLINE, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits THE AGENCY ONLINE.

All other trademarks displayed on THE AGENCY ONLINE ‘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 THE AGENCY ONLINE ‘s.

Links

The Site may provide links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites and resources, and do not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such site or resource.

Children Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the American Links Up web site, http://www.netparents.org.

Infringement Policy
Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), we reserve the right, but not the obligation, to terminate your license to use the Site if we determine in its sole and absolute discretion that you are involved in infringing activity, including allege acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512 (c), we have implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted in a written complaint that complies with the requirements below and delivered to our designated agent to receive notification of claimed infringement by mail:

Legal Department: 

The Agency Online

247 W. 38^th St, 10^th Fl

New York, NY 10018

info@theagencyonline.com

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:

A. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.

B. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.

C. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/ or e-mail address.

D. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

Indemnity

E. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

F. A statement that you have a good faith belief that use of the material, in the manner complained, of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

You agree to indemnify and hold us, and our subsidiaries, affiliates, directors, officers, agents, vendors or other partners, employees and moderators harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of any material or information posted, provided, transmitted or otherwise made available by you on the Site or through the Site's services, or by your violation of these Terms and Conditions, or by your violation of the rights of another.

Disclaimers and Limitation of Liability

You understand and agree that the Site is provided "As-Is" and that we assume no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Site. Nor do we assume any liability for the failure to store or maintain any user communications or personal settings.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH OR FROM ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

IN NO EVENT SHALL THE SITE OR ITS OWNER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE OR ITS SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law (if any) apply unless they are required to apply by statute, notwithstanding their exclusion by contract.

If there is any dispute about or involving the Site or its Services, you agree that the dispute shall be governed by the laws of the State of New York, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New York. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the federal district and state courts of New York with respect to such matters. We make no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. Those who choose to use or access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.

The section titles and other headings in these Terms and Conditions are for convenience only and have no legal or contractual effect. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. If any provision of these Terms and Conditions is unlawful, void or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.