I. About YouMe&Co
YouMe&Co provides a range of content, hosting, communication and networking services, including content, features, functionalities and other services to allow Talent, Locations, Sets & Props, Accommodation and Crew (as defined below) to connect with agents of those elements, casting directors, producers, and other professionals rendering professional services in motion picture, theatrical, radio, television and other entertainment enterprises (collectively the "Services") that may be offered on our websites, mobile websites, apps, or from other services, products, tools, offers or communications provided by YouMe&Co.
YouMe&Co is a platform for industry collaboration.
YouMe&Co is not an Agency, Producer, Casting Director or Advertising Agency, nor is it a policing entity for the industry via its platform. YouMe&Co is a platform of 'software as a service' to facilitate automation and collaboration in the process of managing day to day work processes and production processes. YouMe&Co does not procure, offer, promise, or attempt to procure employment for you. It may only provide you with listing information where applicable as part of the platform service. Any dispute arising out of a job processed through our system or the management of an element should be referred to a local consumer affairs department or local law enforcement, as appropriate.
Special Note About the Registration of Minors
Minors are not eligible to create accounts, maintain profiles or utilize our Services. Only Talent Representatives or parents or legal guardians of Talent who are under the age of majority in the state or country in which they reside ("Minors") may register for Membership, create and maintain profiles and resumes, and utilize the Services on behalf of Minors (collectively referred to as "Authorized Representatives").
II. ACCEPTANCE OF TERMS
Legally Binding Agreement
Updates to Terms
The Terms may change at any time. YouMe&Co will post the most current version on or via a link on the applicable Service with a new Effective Date. Changes are effective from the Effective Date. Your continued access or use of the Services after we post changes to the Terms signifies your agreement to those changes. If you do not agree to the current Terms, you must discontinue using the Services.
Contact and Electronic Communications
By accessing or using the Services, you consent to having these Terms provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you provide us with contact information in connection with a particular activity, such as an email address or telephone number ("Contact Information"), you agree that this establishes a business relationship with us and that we may communicate with you using the Contact Information you provided to us. You acknowledge the legal authority over any Contact Information. This means we may contact you in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving through the Contact Information you have provided to us.
You must be an Industry Professional to participate in the Services. An "Industry Professional" is:
• An actor, model, dancer, voice over talent, musician, a musical or performance group or other artist ("Talent");
• A casting director;
• A production company;
• An advertising agency;
• A filmmaker;
• Other entertainment industry professional; or
• A professional talent representative (e.g. talent agency or management company), or an employee or authorized representative thereof ("Talent Representative").
Authorization to Act on Behalf of Talent
Each Authorized Representative represents that it is legally authorized to represent its respective Talent in connection with the Services and utilize all aspects of the applicable Services on behalf of the Talent in accordance these Terms. An Authorized Representative agrees to stop using the Services immediately when such authority from Talent is no longer in effect. We are not obligated, but we reserve the right at any time, to require evidence of an Authorized Representative's authority to enter into these Terms and act on behalf of Talent in connection with the Services.
Each Authorized Representative is solely responsible for their acts or omissions in connection with the Services. Each Authorized Representative indemnifies and holds harmless YouMe&Co and its affiliates, employees, officers, directors, and representatives from any losses, costs, expenses, damages, fines and/or penalties including reasonable attorneys' fees, arising out of or in connection with a breach of this representation.
If you are an individual acting on behalf of a Talent Representative, corporate or other legal entity (which may have also agreed to these Terms or have a separate agreement with YouMe&Co), you are individually bound by these Terms as an individual User.
Responsibility to Update Talent Representative Information
Talent or the Talent's Authorized Representative is responsible for promptly notifying YouMe&Co when a Talent Representative has been terminated or changed. If Talent has no representation, YouMe&Co will turn control of the Membership over to the Talent or Talent's Authorized Representative subject to their direct acceptance of these Terms. If changed, YouMe&Co will transfer the membership to the new Talent Representative as directed by the Talent or Talent's Authorized Representative. Any changes should be sent to email@example.com.
During the Membership registration process, you will be prompted to provide personal information that allows us to know who you are, such as your full name, age, street address, email address and phone number, as well as additional optional information such as height, weight, appearing ethnicity, and pictures (collectively, "Registration Information"). By using the Services, you represent and warrant that all Registration Information you submit is truthful, accurate, current and complete and you will maintain the accuracy of such Registration Information by updating and revising it promptly.
If you are a Talent Representative providing Registration Information on behalf of Talent, you warrant and represent that you have full authority to provide us with the Registration Information and any other personally identifying information of such Talent. If you are an Authorized Representative of Talent under the age of majority, a valid parent/guardian authorization may be required by law.
Validation of Registration Information
You authorize YouMe&Co to make any inquiries, either directly or through third parties, to validate your Registration Information. YouMe&Co reserves all rights to take legal action against anyone who provides inaccurate, false or incomplete personal information or is otherwise untruthful about their identity, and to suspend or cancel a Membership established using such information. Notwithstanding the foregoing, you acknowledge that YouMe&Co cannot guarantee the accuracy of any information submitted by any User of the Services, including any identity information about any User.
IV. USER CODE OF CONDUCT
You agree to use the Services in a professional manner, provide complete and accurate Registration Information to us, and update it as necessary. You further agree to comply with all applicable laws, rules, and regulations.
You agree not to:
• use the Services or any personal information of any User for purposes other than in connection with utilizing the Services;
• collect, use, share or transfer any information available on the Services except as expressly permitted by these Terms, or by the owner of such information;
• use the Service in connection with any commercial endeavors except those that are specifically endorsed or approved by us;
• include information in a profile or resume (or elsewhere on the Services) that reveals sensitive personal information, such as government identifiers like Social Security numbers, Tax ID numbers, except in the designated fields where collection is required by law;
• use the Services or any information obtained through the Services to stalk, abuse or attempt to abuse, or otherwise harass another individual;
• act dishonestly or unprofessionally, such as by posting inappropriate, inaccurate or objectionable content;
• take any action or upload, post, email or otherwise transmit any content that would violate any right or duty under any applicable law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, including without limitation, promotional materials that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation of similar nature;
• use manual or automated software, devices, scripts robots, or other means or processes to access, "scrape," "crawl" or "spider" any content or other services contained in or through the Services;
• utilize information, content or any data you view on and/or obtain from the Services to provide any service that is competitive with the Services including the use of YouMe&Co trademarks or copyrighted material or confusingly similar marks;
• attempt to or actually transmit or post a link to another service within your profile or resume or anywhere else on the Services other than as expressly permitted;
• engage in or plan to engage in any illegal activity;
• post, disseminate or transmit statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
• disclose information that that you do not have the right to disclose, such as confidential information;
• use an image that is not your likeness or headshot on your profile or resume or otherwise misrepresent your identity, your affiliation with a person or entity, or the source of any communication;
• create, disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property or property rights of any person;
• export, re-export or permit the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the Republic of South Africa and its agencies or authorities;
• interfere, disrupt or attempt to gain unauthorized access to other accounts on the Services or any other computer network;
• disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
• damage, disable, overburden, or impair any YOUME&CO server, or the network(s) connected to any YOUME&CO server, or interfere with any other party's use and enjoyment of any of the Services;
• gain unauthorized access to any Services, accounts, computer systems or networks connected to any YOUME&CO server or to any of the Services through hacking, cracking, distribution of counterfeit software, password mining or any other means;
• reverse engineer, decompile or disassemble any software accessed through the Services;
• transmit, post, or e-mail any misleading or false professional opportunities in your profile, resume or elsewhere on the Services;
• engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Services;
• access the Services except through the interfaces expressly provided by YOUME&CO;
• override any security feature of the Services; or
• engage in any other activity deemed by YOUME&CO in its sole discretion to be in competition with or in conflict with the spirit or intent of Services.
V. USER RIGHTS AND OBLIGATIONS
Preventing and Reporting Abuse
You agree that YouMe&Co may take whatever steps it deems necessary to abridge, or prevent behavior of any kind on the Services that violates this Agreement in its sole discretion, without notice. For example, YouMe&Co has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any User who publishes or distributes child pornography. You can report any violations of the User Code of Conduct or other abuse on the Services by emailing firstname.lastname@example.org.
YouMe&Co may restrict, suspend or terminate the Membership of any User who violates these Terms or otherwise abuses or misuses the Services without warning. Such restriction, suspension, or termination, shall be effective immediately or as specified in any notice. In the event that YouMe&Co restricts, suspends or terminates your Membership, no refund or credit of any Membership or other fees or exchange of Services will be offered. If a User whose account has been restricted, suspended or terminated has re-registered or attempts to have re-registered with YouMe&Co (including under a new name) that User may be permanently barred from the Services without recourse.
YouMe&Co has adopted a policy of terminating accounts of Users (or blocking any associated IP address) and permanently barring without recourse any User who, in YouMe&Co's sole discretion, falsely represents that it is an Authorized Representative, casting director, producer, advertising agency or other Industry Professional, or any User who provides information that is false or misleading.
Membership Security and Unauthorized Use
You are fully responsible for all activities conducted through your Membership (including following these Terms). During the registration process you will also be asked to choose a password. You are entirely responsible for maintaining the security of your password. You must try to choose a strong and secure password and keep your password confidential.
You may not use another Member's account or password at any time, let an unauthorized third party access your account or use your Membership, or disclose your password information to any unauthorized third party. You agree to notify us immediately if you suspect any unauthorized use of your Membership or access to your account or password. You will be liable for our losses or the losses of others as a result of such unauthorized use until such time as you terminate your Membership or prove that your account security was compromised due to no fault of your own.
Fees and Billing Information
If you purchase any of our paid Services, either on a recurring monthly or annual billing subscription basis, you agree that YouMe&Co (and its authorized service providers) may store your payment card information. YouMe&Co will bill you the appropriate fee, applicable taxes and any other disclosed charges for the Services ("Fees") using the billing information provided by you ("Billing Information"). You agree to pay YouMe&Co all Fees at the prices then in effect for your use of the Services using your Billing Information, and you authorize YouMe&Co to charge your Payment Provider ("Payment Method") for the Fees associated with the Services selected. The terms of your Payment Method may be determined by agreements between you and the financial institution, debit/credit card issuer or other provider of your chosen Payment Method (the "Payment Provider"). If YouMe&Co does not receive payment from your Payment Provider, you agree to pay all amounts due on your account upon demand. In the event we have to collect unpaid Fees owed, you will be liable for any collection costs and fees (including reasonable attorneys' fees). Note that for Services purchased by another party for your account (e.g. by your Talent Representative), the party paying for the Services is responsible for making prompt payment and failure to do so may result in termination of your Membership. All Fees are in the domestic currency from where you are physically representing your services and or day to day operations, unless otherwise indicated, and do not include Internet service provider, telephone, or other connection charges, if any, that are billed by third parties. Depending upon your credit/debit card's currency and the country in which your card was issued, your credit card provider may impose foreign exchange fees and other fees in accordance with your arrangements with that credit card provider.
YOU HAVE THE RIGHT TO CANCEL YOUR MONTH-TO-MONTH OR PREPAID MEMBERSHIP AND OBTAIN A FULL REFUND WITHIN 10 BUSINESS DAYS OF INITIAL PURCHASE.
After the 10-day cancellation period, you may also cancel your account at any time for any of the Services. If you cancel a monthly recurring subscription, you will avoid future charges but partial months are not refunded. If you cancel a prepaid subscription (e.g twelve-month pre-paid subscription), you will not be refunded for those unused months left.
You can cancel your Membership at any point during your subscription term by contacting us by phone at +27 813 64 94 or by e-mailing us at the addresses listed below, or via the cancellation button within the billing section of your account. We will cancel your account as soon as possible after resolving any outstanding account issues and in accordance with applicable law. All content and user data will be permanently deleted from the system after 30 days or reactivation of your account within those 30 days. However, some basic information will be held on YouMe&Co where reference to historical information for those you have collaborated with in good faith in the past is needed.
• For all paid for accounts, email email@example.com
Interruption of Services
YouMe&Co may at any time for any or no reason interrupt availability of some or all aspects of the Services, or modify, replace, refuse access to, or discontinue any Services, or change or modify our Fees in our sole discretion. Any changes to the Services or Fees are effective when posted on the Services or when communicated to you directly. YouMe&Co is not liable for any interruption of Services, or delay or failure to perform, and you understand that in such cases you shall not be entitled to any refunds of Fees.
Content in Your Account
We may remove and or discard any content available as part of your Membership account, including your profile, or resume with or without notice, for any reason. YouMe&Co has no obligation to store, maintain or provide you with a copy of any content that you or other Users provide when using the Services.
The Services are for the personal use of Users and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Please see Section IV. "User Code of Conduct" for details on the permitted and prohibited uses of the Services. Illegal and/or unauthorized use of the Services, including collecting names and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or commercial solicitations, or unauthorized framing of or linking to the Services is prohibited. Commercial advertisements, affiliate and third party links, and other forms of solicitations may be removed from Member profiles or resumes without notice and may result in termination of Membership, in our sole discretion. Appropriate legal action may be taken for any illegal or unauthorized use of the Services.
Links to Third Party Services
VI. INTELLECTUAL PROPERTY RIGHTS
Access to Content on the Services
You acknowledge that: (i) by using the Services you may have access to pictures, digital images, graphics, music, video, audio, text, computer code and other creative output (collectively, "Content"); and (ii) this Content includes Content owned or licensed by YouMe&Co ("YouMe&Co Content"), or owned or licensed by Users ("User Content"). You acknowledge that YouMe&Co, YouMe&Co licensors, and Users have rights in their respective Content under copyright and other applicable laws and treaty provisions. You accept full responsibility and liability for your use of any Content in violation of any such rights.
YouMe&Co may choose, but has no obligation, to pre-screen or monitor the Services for inappropriate User Content or conduct at any time, and it may delete any User Content that violates these Terms, as determined by YouMe&Co in its sole discretion. However, if YouMe&Co chooses to pre-screen or monitor User Content, YouMe&Co nonetheless assumes no responsibility for such User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.
View Content at Your Risk
You understand that when using the Services, you will be exposed to Content from a variety of sources, and that YouMe&Co is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, objectionable, or that contains errors or omissions.
Ownership of User Content Posted by Other Users of our Services
All User Content, including all project information posted on the Services by any user, including by casting directors, producers, advertising agents is either owned or licensed by the user that posted it. Therefore, other users of our Services may not distribute, modify, transmit, reuse, download, repost, copy, or use the User Content of others, including project information, for any reason without express prior written permission from the user that posted it. A violation of this Section is cause for immediate and permanent termination of your right to use our Services.
Our Ownership Rights
All right, title and interest in and to the Services is the exclusive property of YouMe&Co and its licensors. We hereby grant you a limited, revocable, non-sublicenseable license to reproduce and display the YouMe&Co Content (excluding any software code) solely for your personal use and to the extent necessary to access or use the Services. YouMe&Co reserves all rights not expressly granted in and to the YouMe&Co Content and the Services.
Software Use Restrictions
You acknowledge that any software and related documentation that may be available to download from the Services (the "Software") is a copyrighted work owned or licensed by YouMe&Co and that you do not acquire any ownership rights by downloading the Software. You agree that your use of the Software is governed by these Terms and is also governed by the terms of the license agreement, if any, that accompanies or is included with the Software (the "License Agreement"). Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, THE SOFTWARE IS PROVIDED TO YOU ON AN "AS-IS" AND "WHERE-IS" BASIS, AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED.
All comments, feedback or materials submitted by you to us, including feedback, testimonials, images, reviews, questions, comments, suggestions or ideas (collectively, "Feedback"), is received and treated by us on a non-confidential and unrestricted basis. YouMe&Co is free to use, display, perform, distribute, copy, adapt, and promote the Feedback in any way, without compensation to you. You agree that in submitting Feedback, it will not violate any right of any third party, including any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain viruses, commercial solicitations, or any form of "spam".
Ownership and License of User Content
You represent that you have all rights necessary to grant us the License set forth in this section, that your User Content is accurate and not confidential, and the submission, transmission, posting and use of your User Content on the Services is not in violation of any applicable laws or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights of persons or property appearing therein). You are solely responsible for your User Content or any other User Content you access through the Services.
Digital Millennium Copyright Act
YouMe&Co reserve the right to remove any User Content on the Services which allegedly infringes another person's copyright and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringes another person's copyright. It is our policy to terminate the access of repeat infringers. However, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party's copyright to remain on the YouMe&Co Services.
Filing a Complaint
If you believe any material on the Services infringes a copyright, you should provide us with a written request to takedown the allegedly infringing material in the form of a written letter, sent by regular or electronic mail only, that at a minimum includes:
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity 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;
• Your name, address, telephone number and email address (if available);
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• 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; and
• The signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notwithstanding the foregoing, we reserve the right to ignore a Takedown Notice that is not in compliance with the ownership and license of user content.
Filing a Counter-Notice
If your material has been removed or blocked by us as a result of our receipt of a Takedown Notice, you may send us a request asking for the allegedly infringing material to be restored in the form of a written letter, sent by regular or electronic mail only, that at a minimum includes:
• Identification of the copyrighted work or works that were removed by YouMe&Co and the location at which the works appeared before they were removed. The information must be reasonably sufficient to permit us to identify the copyrighted work;
• Your name, address, telephone number and email address (if available);
• A statement that you will accept service of process from the person (or an agent of such person) who provided the Takedown Notice to us;
• A statement that you have a good faith belief that the allegedly infringing material identified above as the copyrighted work was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• A signature of a person authorized to act on behalf of the owner of the copyrighted work that was taken down.
When we receive the Counter-Notice, we will send a copy of the Counter-Notice to the party who originally sent us the Takedown Notice requesting the removal of the allegedly infringing material and we will reinstate the allegedly infringing material, unless that party obtains a court order supporting removal of the allegedly infringing material. Notwithstanding the foregoing, we reserve the right to ignore a Counter-Notice that is not in compliance with the ownership and license of user content.
Both the Takedown Notice and the Counter-Notice must be sent to our designated agent addressed as follows:
2 Avenue Protea, Fresnaye
Cape Town 8005
VII. INTERACTING WITH OTHER USERS
YouMe&Co is a service provider so we don't control each and every aspect of the Services. For example, we do not regularly monitor Users' interactions with the Services or communications with each other on the Services. However, YouMe&Co may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. YouMe&Co reserves the right to terminate your Membership if we determine, in our sole discretion, that doing so is necessary to enforce these Terms or to protect its business reputation or Users.
Communications with Users
You are solely responsible for your interactions with other Users.
As a condition of access to and use of the YouMe&Co Services, you release YouMe&Co, including its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of the Services, including any claim against any individual or entity who creates an unauthorized account for you on your behalf.
You understand and agree that: (i) YouMe&Co will have the right but not the obligation to assist Users in resolving disputes among Users relating to Users' use of the Services; (ii) YouMe&Co's resolution of any particular dispute does not create an obligation to resolve any other dispute; (iii) to the extent YouMe&Co assists in resolving such disputes, it will do so in good faith based solely on the general rules and standards of the Services; (iv) YouMe&Co's resolution of such disputes will be final with respect to the respective Users' use of the Services; and (v) you release YouMe&Co from claims, demands and damages of every kind and nature in any way connected with YouMe&Co's resolution of User disputes relating to the Services.
VIII. DISCLAIMERS OF WARRANTY AND LIABILITY
The Services are provided "As Is"
YouMe&Co provides the Services strictly on an "AS IS" basis and does not guarantee that the Services will function without interruption or errors in functioning, or be virus-free. The operation of the Services may be interrupted due to maintenance, updates, or system or network failures. YouMe&Co disclaims all liability for damages caused by any interruption, malfunction, impossibility of access, or poor use conditions of the Services for any reason. Use of the Services is at your own risk, to the fullest extent permissible under applicable law. YOUME&CO EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YouMe&Co makes no warranty as to the quality, accuracy, completeness or validity of any information or Content you access or receive in connection with the Services, or that your use of the Services will meet your requirements. If you are dissatisfied or harmed by the Services, you may terminate your account in accordance with these Terms and such termination shall be your sole and exclusive remedy.
YouMe&Co is not responsible, and makes no representations or warranties for the delivery of any messages sent through the Services to anyone. In addition, we neither warrant nor represent that your use of the Services will not infringe the rights of third parties. Any material, service, or technology described or used on the Services may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us.
YouMe&Co does not have any obligation to verify the identity of the persons accessing the Services or subscribing to the Services. YouMe&Co disclaims all liability for identity theft or any other access to or misuse of your identity or information.
No Liability for Accumulated Content
When using the Services, you may accumulate Content that resides as data on YouMe&Co's servers. This data, and any other data, Membership account information or history, User personal information or names residing on YouMe&Co servers may be deleted, altered, moved or transferred at any time for any reason in YouMe&Co's sole discretion. You acknowledge that, notwithstanding any copyright or other rights you may have with respect to User Content you upload, transmit, display and/or create using the Services, and notwithstanding any value attributed to such Content, you understand and agree that YouMe&Co has the right, but not the obligation, to remove any Content (including your User Content) at any time, for any reason or no reason, with or without notice, and with no liability of any kind. YOUME&CO EXPRESSLY DISCLAIMS ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON YOUME&CO'S SERVERS.
Limitation of liability
IN NO EVENT IS YOUME&CO OR ITS RESPECTIVE SUPPLIERS, LICENSORS OR DISTRIBUTORS IN HOSTING, OPERATING OR DELIVERING THE SERVICES LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST PROFITS, EXCLUDING CLAIMS BASED ON GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICES (INCLUDING ITS MODIFICATION OR TERMINATION), YOUR MEMBERSHIP (INCLUDING ITS TERMINATION OR SUSPENSION) OR THESE TERMS, WHETHER OR NOT YOUME&CO MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
IN ADDITION, EXCLUDING CLAIMS BASED ON GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, YOU AGREE THAT IN NO EVENT WILL YOUME&CO'S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED THE LESSOR OF THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR THE SERVICE, IF ANY, OR SOUTH AFRICAN FIVE HUNDRED RANDS (R500.00).
You agree to defend, indemnify and hold harmless the YouMe&Co and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors from and against all damages, losses, liabilities, claims, and costs (including, but not limited to, reasonable attorneys' fees and costs including costs to respond to regulatory inquiries, actions or subpoenas) related to all third party claims, charges, and investigations, arising from, relating to, or caused by (a) your use of the Services, (b) your failure to comply with these Terms, including, without limitation, your submission or use of Content in violation of third party rights or applicable laws, rules or regulations or (c) your Membership.
IX. DISPUTE RESOLUTION
These Terms shall be governed, construed, and enforced in accordance with the laws of the Republic of South Africa.
Notice of Claims
In the event a dispute arises between you and YouMe&Co we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute through arbitration. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim (as defined below) and setting forth the specific relief sought. All Notices of Dispute to YouMe&Co shall be sent to the following address: 2 Avenue Protea, Fresnaye, Cape Town, 8005, South Africa.
All notices to Users will be sent to the email or street address provided in the User's account. Upon receipt of such Notice of Dispute, the other party shall have a 60-day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the Notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such 60-day cure period, you or YouMe&Co may commence an arbitration proceeding in accordance with the following procedure.
LIMITATION OF LEGAL REMEDIES
YOU AND YOUME&CO AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, CONNECTED WITH OR RELATING TO THESE TERMS, ANY CONTRACT, TORT, MISREPRESENTATION, FRAUD OR OTHER LEGAL THEORY OR CAUSE OF ACTION, STATUTE, OR OTHERWISE RELATING TO THE SERVICES ("CLAIMS") WHICH CANNOT BE SETTLED BY MUTUAL AGREEMENT OF THE PARTIES, SHALL BE RESOLVED BY ONE ARBITRATOR THROUGH BINDING ARBITRATION. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE BROADLY INTERPRETED. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, JUST AS A COURT WOULD, THE ARBITRATOR MUST HONOR THESE TERMS. THE ARBITRATOR'S DECISION AND AWARD IS FINAL AND BINDING.
Class Action Waiver
Any Claim must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding ("Class Action"). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, BY AGREEING TO THESE TERMS AND USING THE SERVICES YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION. IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH ABOVE CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY. If for any reason a claim proceeds in court rather than through arbitration, you and YouMe&Co agree that there will not be a jury trial. You and YouMe&Co unconditionally waive any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Terms in any way. In the event of litigation, this paragraph may be filed to show a written consent to a trial by the court.
Any claim or action for (i) indemnification, (ii) any violation of YouMe&Co intellectual property rights, (iii) contribution, (iv) interpleader, or (v) injunctive relief arising out of a Claim, shall not be subject to arbitration.
This arbitration provision shall survive termination of these Terms.
If any provision of this Section is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable except that should the provision on class action waiver for any Claim be found to be unenforceable by a court of law, then the provision to arbitrate will not apply.
X. GENERAL PROVISIONS
The Services are controlled and operated by YouMe&Co from its offices within the Republic of South Africa. YouMe&Co makes no representation that any Content, Software or other products in the Services are appropriate or available for use in other locations without their consent, and access to such materials or use of the Services from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If you use the Services from other locations, you are responsible for compliance with applicable local laws including, but not limited to, the export and import regulations of other countries. Your use of the Services, including our Software, is subject to export and re-export control laws and regulations. You shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any Software or Service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving South African origin products, including Services or Software.
YouMe&Co may give notice to you by means of a general notice on the Services, at or after log-in to your Membership account, by electronic mail to your e-mail address in our records for your Membership, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your Membership.
All notices given by you, whether or not required under these Terms, shall be emailed to YouMe&Co, Attn: Dispute Resolution, at firstname.lastname@example.org
Any notices that you provide without compliance with this section shall have no legal effect.
The failure of YouMe&Co to partially or fully exercise any rights of these Terms, or the waiver of YouMe&Co of any breach of these Terms by you, shall not prevent a subsequent exercise of such rights by YouMe&Co or be deemed a waiver by YouMe&Co of any subsequent breach by you of the same or any other condition of these Terms. The rights and remedies of YouMe&Co under these Terms, its policies, and any other applicable agreement between you and YouMe&Co shall be cumulative, and the exercise of any such right or remedy shall not limit YouMe&Co's right to exercise any other right or remedy.
If any part of these Terms, other than class action waiver as set forth above, is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect.
Headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms.
Third Party Beneficiaries
These Terms do not create third party beneficiary rights enforceable by third parties.
These Terms, and the policies incorporated herein, are the entire agreement between you and YouMe&Co. They supersede any and all prior or contemporaneous agreements between you and YouMe&Co relating to your use of the YouMe&Co Services.
Effective Date: January 1, 2017
These highlights detail important information regarding the collection, use, and sharing of information when you use the Services of YouMe&Co.
Personal & Company Information Collected
Our Services include networking and database services. You understand that by using our Services you are choosing to provide personal and/or sensitive information about either yourself, your company and your work experience, and that personal information you provide may be included in your posted Resume. We may also collect information about you from third-party service providers and the social networks you connect to.
Tracking Technologies (Cookies, etc.)
We use tracking technologies to automatically collect information from you on our Services relating to your use of our Services. If you access our Services through a mobile device, we might also collect additional information such as a unique device identifier and location information. When you use our Services, other parties such as third-party advertising partners and analytics providers may also collect information about your online activity. We do not track members in order to serve targeted advertising and therefore do not respond to "do-not-track" technology.
Use and Sharing of Information
We may use and share information we collect from you or your company to operate, improve, and personalize our Services. Your personal/company information may also be shared with marketing partners, affiliated companies, our service providers, mobile carriers, social networks, legal and law enforcement. Certain personal or company information entered in your Account Profile is automatically pulled from and displayed publically through the services YouMe&Co provide.
Your Choices and Opt-Out
Due to the nature of our Services, you have limited choices for restricting access to your personal/company information posted publically through the services YouMe&Co provide. You may decline to provide us with such information but this may limit or prevent you from setting up an account and participating in the Services. If you want to update your personal/company information or no longer want our Services, you may access your account and make the changes desired or you may contact us at email@example.com. You may opt-out of receiving promotional communications from us.
Effective Date: January 1, 2017
1. ACCEPTANCE OF POLICY
2. SPECIAL NOTICES
YOU UNDERSTAND THAT BY USING OUR SERVICES YOU ARE AFFIRMATIVELY AND VOLUNTARILY CHOOSING TO PROVIDE PERSONAL AND/OR SENSITIVE INFORMATION ABOUT YOURSELF AND OR COMPANY, YOUR WORK EXPERIENCE. AND THAT CERTAIN PERSONAL TALENT INFORMATION MAY BE INCLUDED IN A RESUME (AS DEFINED IN SECTION 3 BELOW). A RESUME IS SEARCHABLE ON THE SERVICES BY REGISTERED CASTING DIRECTORS, PRODUCERS AND ADVERTISING AGENTS, OTHER AUTHORIZED REPRESENTATIVES AND REGISTERED TALENT AGENTS AND MANAGERS (COLLECTIVELY, "INDUSTRY PROFESSIONALS"). A RESUME MAY BE MADE AVAILABLE OUTSIDE THE SERVICE BY AN INDUSTRY PROFESSIONAL ELECTRONICALLY BY EMAIL OR BY SHARING THE URL OF THE PAGE ON WHICH YOUR RESUME IS POSTED, OR FOUND BY WEB SEARCH ENGINES, WHICH ARE OUTSIDE OF OUR CONTROL. ONCE A RESUME IS SHARED OR ACCESSIBLE VIA A SEARCH ENGINE, IT IS SUBJECT TO REDISTRIBUTION BY ANY THIRD PARTY THAT HAS ACCESS TO THE INFORMATION AND WE HAVE NO CONTROL OVER HOW OTHERS MAY USE THAT RESUME OR THE INFORMATION CONTAINED IN IT. YOU ACKNOWLEDGE THAT YOU ARE AWARE OF ANY AND ALL RISKS INHERENT IN POSTING AND SHARING A RESUME AS DESCRIBED AND BY DOING SO YOU ARE WILLING TO ASSUME THESE RISKS.
Authorized Representatives' Access to Our Services
IF YOU HAVE AN AUTHORIZED REPRESENTATIVE (DEFINED BELOW), YOU UNDERSTAND THAT YOUR AUTHORIZED REPRESENTATIVE HAS THE ABILITY TO CREATE AN ACCOUNT FOR YOU AND FULL ACCESS TO VIEW AND EDIT YOUR ACCOUNT PROFILE (AS DEFINED IN SECTION 3 BELOW) INFORMATION, SOME OF WHICHWILL BE UPLOADED INTO YOUR RESUME. IF AN AUTHORIZED REPRESENTATIVE NO LONGER HAS THE AUTHORITY TO ACT ON YOUR BEHALF, IT IS YOUR RESPONSIBILITY TO NOTIFY US TO UNLINK YOUR ACCOUNT AND/OR LINK YOUR ACCOUNT TO ANOTHER AUTHORIZED REPRESENTATIVE. PLEASE NOTE THAT WE DO NOT TAKE STEPS TO CONFIRM IN ANY WAY THAT AN AUTHORIZED REPRESENTATIVE HAS OBTAINED YOUR PERMISSION PRIOR TO USING OUR SERVICES. YOUME&CO HAS NO LIABILITY OR RESPONSIBILITY FOR THE ACTS OR OMISSIONS OF TALENT'S AUTHORIZED REPRESENTATIVE OR PURPORTED AUTHORIZED REPRESENTATIVE.
Notice About Minors
The Services are directed to a general audience. We restrict registration for all our Services to individuals age 18 and above (or the age of majority, as determined by the laws of the country/state in which you reside, whichever is older). If you are under 18 years old ("Minor"), you must have an Authorized Representative register on your behalf. Only Authorized Representatives may create accounts, maintain Account Profiles, and utilize the Services on behalf of Minors. If we obtain actual knowledge that we have received information from someone under 18, we will take steps to block that child from accessing our Services and remove that user's personal information from our systems.
Notice to Authorized Representatives
3. INFORMATION COLLECTED THROUGH TRACKING TECHNOLOGIES
Third-Party Tracking and Usage Data
Interacting with or Viewing Third-Party Content or Advertisements
4. HOW WE USE AND SHARE YOUR INFORMATION
How We Process Database Information About You
We have the right, but not the obligation, to monitor any activity and content associated with the database or other Services. We reserve the right to take action in connection with any content or action we deem to be inappropriate. Please review our Terms for more information regarding your appropriate use of the Services.
Information Posted Through the Services
The Services offer you or your company the opportunity to communicate with Industry Professionals and share Resumes and other content. For example, if an Industry Professional posts an audition video in which you or your Talent appear on the Services, it may be viewed by users of the Services and forwarded to others outside the Services. We have no control over what others may post or how those users may use the information. Therefore, you should exercise caution and discretion when using our.
Authorized Service Providers
Sharing with Affiliates and Marketing Partners
We may share your personal information and other information we collect from you with our affiliated companies and marketing partners to send you messages about new products, enhancements, special offers and other promotional messages. You may opt-out of receiving any promotional messages from our marketing partners or us by following the instructions in Section 5, Choice and Opt-Outs.
Connecting with Social Networks
Aggregate and Analyze Information
Transactional Communications with You and Permitted Third Parties
Our application Services may include a function that allows us to use push notifications to send you updates, communications, and other messages about the Services. We do not send promotional messages about other products or services through these push notifications.
Legal Matters; Safety
Sale or Transfer of Business or Assets
Our users' personal information may be one of the assets sold, transferred, or merged if YouMe&Co or an affiliated company, brand or business is sold or disposed of as a going concern whether by merger, sale of assets or otherwise, or in the event of an insolvency, bankruptcy or receivership. We may also disclose information about our users in connection with a commercial transaction where we, or any one of our businesses, is seeking financing, investment, support or funding.
5. CHOICE AND OPT-OUTS
Information Sharing with Others
As outlined in Section 4, How We Use and Share Your Information, Resumes are subject to redistribution by Industry Professionals that have access to the information. We have no control over how Industry Professionals may use the Resume or any of the information contained in it. If you do not want your information to be subject to public distribution prospectively, you must cancel your account. Please be aware that any information posted prior to deactivation or cancelation may become public information and we cannot guarantee its removal from our and third-party computer systems. We do not control or assume any responsibility for the information you provide in connection with the Services.
6. IMPORTANT DISCLOSURES
YouMe&Co uses a third party to process its credit/debit card payment transactions. When you place an order for a paid service at YouMe&Co, your credit/debit card information is protected through the use of encryption, such as the Secure Socket Layer ("SSL") protocol. We also implement security measures to protect against the loss, misuse and alteration of the information under our control. However, no security system is 100% secure. Accordingly, we cannot guarantee the security of any information provided to us in connection with the information that we collect.
Storage and Retention
Jurisdiction and Cross-Border Issues
Account holders intend our Services for use globally. We do not represent or warrant that our Services are appropriate or in accordance for use in any particular jurisdiction other than the Republic of South Africa though. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit access to our Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. By using our Services and submitting any personal information, you consent to the transfer of personal information to other countries, which may provide a level of data security different from your country of residence. You are also consenting to the application of Republic of South Africa law in all matters concerning the Services.
No Rights of Third Parties
7. CONTACTING US
As of January 1, 2017
THIRD PARTY PROVIDERS OF ANALYTICS TOOLS
The following is a non-exclusive list of third parties we have chosen to provide us information, reports, and analysis on the usage and browsing patterns of users of the Services. Included are links to their privacy policies and, if applicable, opt-out options to enable you to opt-out of their respective programs.
EXAMPLES OF TRACKING TOOLS
Small graphic images or other web programming code called web beacons (also known as "1×1 GIFs" or "clear GIFs") may be included in our web pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes including, without limitation, to count visitors to our Services, to monitor how users navigate the Services, to count how many sent e-mails were actually opened, or to count how many particular articles or links were actually viewed.
An embedded script is programming code that is designed to collect information about your interactions with the Services, such as the links you click on. The code downloads temporarily onto the device you use to access Services from our web server or third-party service provider. It is active only while you are connected to the Services, and is deactivated or deleted after that.
We may use HTML5 in some of our Services, including in our mobile website. HTML5 has browser web storage that does not rely on traditional browser cookies. Like Flash cookies, HTML5 cookies are not stored in a browser "cookies" file and, like Flash cookies, can be used to track users across websites. To our knowledge, there is currently no known way for a user of a mobile device to remove HTML5 tracking and storage.
E-tags, Cache Browsers, and Web Logs
Like most standard website servers, we log IP addresses (a unique number assigned to every computer on the Internet) and device identifier to improve security, analyze trends, and administer the Services. We may track your movement within the Services, the pages from which you were referred, access times, and browser types. This information may include the browser you are using, the Internet address from which you linked to our Services, the operating system of your computer, the unique IP address of the computer or device identifier of the mobile device that you used to access our Services, and usage and browsing habits. We use this information in the aggregate to gauge the effectiveness, usage, and popularity of our Services, track information for statistical purposes, help diagnose and troubleshoot server malfunctions, analyze trends, track user movement in the aggregate, and gather broad demographic information. We may also use individual information we collect through web logs to send you targeted offers and other communications.