TERMS OF SERVICE

The Terms are an agreement between you and WhosListed, LLC. WhosListed, LLC, along with its parents, subsidiaries and affiliates, and their respective officers, directors, members, representatives, managers, partners, shareholders, joint venturers, third-party contractors, employees, licensees, licensors, and agents (collectively “WhosListed” or “we” or “us” or “our”), provide the Website to you subject to the following Terms, which you acknowledge, agree to and consent to by using the Website and Services. These Terms include the Website Privacy Policy [www.showbizy.com/privacy], which is hereby incorporated by reference.

These Terms may be amended by WhosListed from time to time at its sole discretion. Upon amendment, we will Post a notice on our homepage and/or, where applicable, emailing such material revisions to the email address you provide upon registration. Please periodically review the controlling version of these Terms. By continuing to use the Website subsequent to WhosListed making available an amended version of these Terms, you thereby acknowledge, agree and consent to such amendment.

YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.

When using the Website, you shall be subject to any Posted rules or policies. Such rules and policies are hereby incorporated by reference into these Terms. We may also offer other Websites that are governed by different terms.

You represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You also represent that you are 13 years of age or older. If you are under 13, please do not submit personal information to us or conduct transactions through the Website.

Definitions

Some terms used herein are defined in the last paragraph of the Terms. Please refer below for definitions.

About ShowBizy

ShowBizy combines more than 650,000 contacts in music, film, TV, theater and advertising acquired from top entertainment industry sources -- as well as relevant job listings, classifieds and news -- to create an open resource for people who work, or want to work, in the industry. For more information, please visit our About ShowBizy page at www.showbizy.com/about.

Accessing the Website

You may browse the Website without registering. However, in order to access some portions and features of the Website, you will be required to register with and/or sign into the Website. If you do so, you are responsible for maintaining the confidentiality of your password and username, and are fully responsible for all activities that occur under your username or password. Please immediately notify us of any unauthorized use of your password or username or any other breach of security by contacting us at privacy@showbizy.com.

Users may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. WhosListed reserves the right (but not the obligation) to remove or edit any such content.

Our Intellectual Property

WhosListed and its associated logos are our trademarks and/or service marks. Other trademarks, service marks, and logos used on or through the Website are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.

Certain materials available on or through the Website are our Works. Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works and the Website. We hereby grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of WhosListed. This license does not include any resale or commercial use of this site or its contents or any derivative use of this site or its contents.
The above described license is conditioned on your compliance with these Terms, and shall terminate upon termination of these Terms. If you breach any provision of these Terms, any license you have obtained will be automatically rescinded and terminated. In order to protect WhosListed’s rights, photographs and videos made available on the Website may contain watermarks and/or be controlled by other digital rights management technologies, which will restrict how users may use the videos and photographs. You must not remove, delete, or alter any watermark or other digital rights management technology or other information, including where it is attached to a copy of a photograph or video, related to the photograph or video’s identification number, transactional terms, copyright owner, licensee, licensor, author, or date of creation or publication. Such conduct is prohibited by law.

Payments

In order to access certain portions of the Website or utilize certain Services, you may be required to make a payment. If you wish to make a payment as described on the Website, you will be directed to a third-party payment processor, and may be asked to supply certain information, including account or credit card or other payment information. You agree that all information that you provide will be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases, as described in more detail below. Please refer to the terms of service and privacy policy located on the website of any such third-party payment processor before completing any transaction.

Taxes

All fees payable under these Terms are exclusive of VAT, duties or sales tax where appropriate, which is made payable at the standard rate applicable at the time. You are responsible for the payment of all sales and usage taxes when applicable and WhosListed or our third-party payment processor shall be entitled to charge such taxes to you in addition to the payment for any License.

Procedure for Making Claims of Copyright Infringement

WhosListed has adopted the following policy, in compliance with the Digital Millennium Copyright Act (“DMCA”), to enable, at our sole discretion, the expeditious removal of infringing material and the termination of repeat infringers’ access to portions of the Website.

If you have a good faith belief that your copyright is being infringed by any material on the website, please send a notice of claimed infringement, including the information listed below, to WhosListed’s Designated Copyright Agent:

WhosListed, LLC.
P.O. Box 515381 #93703
Los Angeles, CA 90051-6681
To ensure compliance with DMCA guidelines, the notice of claimed infringement must include the following required contents:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (providing URLs in the body of an email is the best way to help us locate the content quickly)
  4. Information reasonably sufficient to permit us to contact the complaining party, such as the address, telephone, fax, and/or an email address at which the complaining party may be contacted
  5. A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We have also instituted a counter notification policy designed to enable, at our sole discretion, the prompt replacement of material that is removed in response to a notice of claimed infringement as a result of a mistake or misidentification. To ensure compliance with DMCA guidelines, the notice of counter notification must include the following required contents:

  1. Your physical or electronic signature;
  2. An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material that was removed or disabled; and
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which WhosListed may be found, and that you will accept service of process from the person who provided the notice of claimed infringement or an agent of such person.

Please note that information provided in these legal notices may be forwarded to the person who provided the allegedly infringing content.

Procedure for Making Non-Copyright Complaints

If you believe that your rights, or the rights of a third party, are being violated in any way by any material on the Website, please contact us at privacy@showbizy.com.
We will work to prevent unlawful activity from taking place on or through the Website.

Prohibited Conduct/Representations and Warranties

You represent and warrant that you will not use the Website to:

  1. Violate any law (including without limitation laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, pornography, rights of publicity or other rights) or encourage or provide instructions to another to do so;
  2. Post any content which you are not authorized to Post;
  3. Post any content that infringes upon or violates any patent, copyright, trade secret or other property right of any third party;
  4. Act in a manner that negatively affects other users’ ability to use the Website, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, harassing, vulgar, invasive of another's privacy, or racially, ethnically, or otherwise objectionable;
  5. Post anything 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, including by engaging in any denial of service attack;
  6. Exceed your authorized access to any portion of the Website;
  7. Remove, delete, alter, circumvent, avoid or bypass any watermark or digital rights management technology;
  8. Use data mining, robots, screen scraping, or similar data gathering and extraction tools;
  9. Collect or store personal data about anyone; or
  10. Reproduce (other than as necessary to lawfully access the Website or pursuant to a license), adapt, distribute, make available, communicate to the public, publicly display or publicly perform any portion of the Website or the Works, in whole or in part.

Our Conduct

To the extent allowed by law, WhosListed shall not be responsible or liable to you for any loss or damage of any sort incurred as the result of the following:

  1. WhosListed delaying, rejecting or removing any or all Content at any time for any or no reason whatsoever with or without notice to you;
  2. WhosListed modifying or discontinuing temporarily or permanently, the Website (or any part thereof) with or without notice to you for any or no reason whatsoever;
  3. WhosListed immediately terminating your access to the Website for any or no reason whatsoever and with or without notice to you;
  4. The accuracy, usefulness or availability of any information Posted to or through the Website, including but not limited to any securities trading or investment related information; or
  5. Any loss or damage of any sort incurred by you as a result of interactions you have with third-party advertisements, or with links to third-party websites, found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings.

Indemnification

You will indemnify and hold WhosListed harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising under or out of the Terms, including any breach of the representations and warranties contained herein. You hereby agree that WhosListed shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of its choice and to compromise or settle any such claims, demands, or litigation.

Disclaimers

  1. YOU USE THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE “AS IS” AND “AS AVAILABLE”. WE EXPRESSLY DISCLAIM TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE AND GOODS PURCHASED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE.
  2. WE MAKE NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE WEBSITE RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES OR MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (5) THE WEBSITE, ITS SERVERS, OR COMMUNICATIONS SENT FROM WHOSLISTED WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  3. NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
  4. HE INFORMATION ON THIS WEBSITE IS USER-GENERATED. THE CONTENT AND/OR VIEWS EXPRESSED ON THE WEB SITE ARE NOT NECESSARILY THOSE OF WHOSLISTED. WHOSLISTED MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OF ANY SUCH USER-GENERATED CONTENT AND ACCEPTS NO RESPONSIBILITY FOR THE VIEWS EXPRESSED. ALL OF THE USER-GENERATED CONTENT OR VIEWS IN ANY AREA OF THE WEBSITE HAVE BEEN PREPARED BY AND ARE THOSE OF THE INDIVIDUAL(S) WHO HAVE DEVELOPED THE USER-GENERATED CONTENT OR VIEWS.

Limitation of Liability

IN NO EVENT SHALL WHOSLISTED BE LIABLE TO YOU FOR (A) ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY INDIVIDUAL OR CLASS-ACTION CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THE TERMS, EVEN IF WHOSLISTED HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS; OR (B) BE RESPONSIBLE FOR ANY LIABILITIES ARISING FROM MISFEASANCE, MALFEASANCE, NEGLIGENCE, ACTS OF GOD, OR ANY OTHER ACT OR OMISSION IN CONNECTION WITH THE SERVICES, FACILITIES OR EQUIPMENT PROVIDED BY A THIRD PARTY VENDOR (INCLUDING ANY AGENTS, SUBCONTRACTORS, INDEPENDENT CONTRACTORS OR END USERS OF THE SAME). IN NO EVENT SHALL WHOSLISTED BE LIABLE TO YOU FOR ANY AMOUNT GREATER THAN THE GREATER OF $50 (U.S.) OR TEN TIMES THE AMOUNT YOU PAID TO WHOSLISTED FOR SERVICES. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.

Jurisdictional Restrictions

SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS. IF ANY COURT OR ARBITRATOR DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, THE LIABILITY OF THE WHOSLISTED PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Release

IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE WEBSITE, OR WITH ANY PARTY WHO PROVIDES ADVERTISING ON OR THROUGH THE WEBSITE, OR WITH ANY PARTY WHO PROVIDES A WEBSITE LINKED TO ON THE WEBSITE, YOU RELEASE US FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU ALSO WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU ALSO WAIVE ANY AND ALL BENEFITS AND RIGHTS THAT WOULD OTHERWISE ACCRUE TO YOU BY REASON OF THE PROVISIONS OF ANY FEDERAL OR STATE STATUTE OR PRINCIPLE OF COMMON LAW OF ANY STATE OF THE UNITED STATES, OR ANY POLITICAL ENTITY OR NATION, PROVINCE OR LOCAL LAW OR REGULATION THAT MAY GOVERN THIS RELEASE, WHICH STATUTE, REGULATION, LAW OR PRINCIPLE PROVIDES IN SUBSTANCE SOMETHING SIMILAR TO CALIFORNIA CIVIL CODE § 1542. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING RELEASE.

Governing Law

These Terms and the relationship between you and us shall be governed by the laws of the State of California, as an agreement wholly performed therein without regard to its conflict of law rules, as well as applicable federal law of the United States. These Terms are not governed by the United Nations Convention On Contracts For the Sale of Goods, which is expressly disclaimed.

Any dispute relating in any way to your use of the Website shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the representations and warranties contained herein, we may seek injunctive or other appropriate relief in any state or Federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted by a single arbitrator who shall be a retired judge and selected by agreement of the parties, which shall not be unreasonably withheld, under the rules then prevailing of the American Arbitration Association and consistent with the California Code of Civil Procedure §§1280 et. seq. unless otherwise stated herein. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall assess the cost of the arbitration against the losing party. In addition, the prevailing party in any arbitration or legal proceeding relating to these Terms shall be entitled to all reasonable expenses (including, without limitation, reasonable attorney’s fees). To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.

Miscellaneous

These Terms constitute the entire agreement between you and WhosListed, LLC, and govern your use of the Website. These Terms supersede any prior agreements between you and us with respect to the Website. You also may be subject to additional terms and conditions that may apply when you use other WhosListed websites or third-party Websites.

These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.

No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.

Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms must be in writing.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

The headings in these Terms are for convenience only and have no legal or contractual effect.

WhosListed may terminate these Terms for any or no reason at any time by notifying you through a notice on the Website, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination, the following paragraphs will survive:

  1. OUR INTELLECTUAL PROPERTY;
  2. CONTENT SUBMITTED BY USERS;
  3. OUR CONDUCT;
  4. INDEMNIFICATION;
  5. DISCLAIMERS;
  6. LIMITATION OF LIABILITY;
  7. JURISDICTIONAL RESTRICTIONS;
  8. RELEASE;
  9. GOVERNING LAW;
  10. MISCELLANEOUS;
  11. ACCESSING THE WEBSITE;
  12. DEFINITIONS;
  13. PROHIBITED CONDUCT;
  14. TAXES; and
  15. PAYMENTS.

Definitions

“Including” or “including” mean including without limitation.

“Post” means to upload, post, make available, send, share, communicate or transmit.

“Terms” refers to these terms and conditions, available at www.showbizy.com/terms, including the Privacy Policy, available at www.showbizy.com/privacy.

“Website and Services” refer to content, features and functionality (“Services”) made available to users at the Internet website located at the URL www.showbizy.com and its accompanying pages, as well as via email communications, mobile applications and other media now existing or hereafter devised (“Website”).

“Works” refers to content we own, authored, created, purchased, or licensed.

“Your Information” refers to information submitted to us by you including your name, address, email address, phone number and fax number.

“Your Data” refers to data we collect about you including your IP address or other non-personally identifiable information.