Pin the Tail on the Culture's Terms of Use

ACCEPTANCE OF TERMS THROUGH USE

By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these "Terms of Use," please do not use this site. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

AGREEMENT TO RULES OF USER CONDUCT

You agree to abide by Pin the Tail on the Culture's ("PIN") Rules of User Conduct, including but not limited to, agreeing not to use this site for any unlawful purpose. A link to the Rules of Conduct, which you should review, can also be found at the bottom of this page.

PRIVACY POLICY

This Agreement includes the terms and conditions of PIN's Privacy Policy, which is hereby incorporated by reference. A link to the Privacy Policy is also located at the bottom of this page.

PARTIES

PIN and you agree that by clicking "I Agree" to this Agreement you purchased a membership or services and agree to all the terms in this Agreement. You also agree to follow PINís Rules of Conduct, which are incorporated herein by reference.

MEMBERSHIP RATES

You must be 18 or older to be in either of PINís Directories. The rate must be paid prior to your inclusion in the directory; and you will not be rebilled automatically. The 3-day Pass is for three (3) days and will not renew automatically. Directory members will be notified prior to their membership expiration date and will be given an opportunity to renew. PIN reserves the right to change its rates from time to time. At the time of renewal you may decide if you wish to pay the new rate.

If paying by Electronic Check, you authorize PINís payment processor to electronically debit your account for the amount of the check, plus at PINís discretion, any state allowed recovery fee if the check is dishonored or returned for any reason. If paying by Credit Card, you authorize PINís payment processor to charge your credit card.

BILLING TERMINATION

If you have purchased Services from PIN, the term of this Agreement shall continue in full force and effect as long as you take advantage of and use the Services. In the event you terminate your usage, PIN will not refund any amounts you have paid. You agree that PIN shall not be bound by any representations made by third parties who you may use to purchase Services from PIN and that any statement of a general nature, which may be posted on PINís Web site or contained in PINís promotional materials, will not bind PIN. PIN may, at times, offer certain promotions with different charges and features. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term

RIGHT TO MODIFY DUES

PIN retains the right to offer "specials" from time to time and to change fees when it deems necessary. PIN will not refund a portion of your fee or the "difference" between your fee and the current fee or "special" offer.

MEMBERSHIP

Your membership permits you to have use of PIN website. This includes posting your personal profile, resume, photos, biography, etc. Some optional services may become available for an additional charge. Your membership is nontransferable by you and it does not give you any rights in PIN, its management, property or operation. PIN reserves the right to reject enrollments, information, resumes, photos and any other submissions at its sole discretion.

You understand that PIN is an online database. PIN is not an employment agency, casting agent, production company, agency, or manager and does not employ or procure bookings or castings for its clients or represent clients. PIN cannot and does not guarantee any amount of income or employment from the use of its site. Information contained within this site is not a substitute for the advice of a casting director or licensed agent. PIN is engaged in the business of providing electronic media services through the internet. We do not charge any fees or commissions for anyone who finds employment through our website.

The information in the database and forums is provided by PINĎs members. PIN does not warrant the accuracy and validity of any information provided, nor does it guarantee the quality of our membersí work. Members may include talent agencies, casting-directors, acting schools, photographers, producers, promoters, actors, models, and all others relating to the entertainment industry. The purpose of this website is to help members make appropriate connections in the entertainment industry. Anyone who chooses to view and or make use of the Site for any reason accepts full responsibility for any negative experiences that may occur. You also agree to indemnify and hold harmless PIN, affiliated companies and all of their respective officers, directors, agents, and employees from and against any and all actions, claims, demands, losses, damages, or causes of action by any third party arising from any claims to or against PIN.

USERNAME AND PASSWORD

You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (1) immediately notify PIN of any unauthorized use of your password or account or any other breach of security, and (2) ensure that you exit from your account at the end of each session. PIN cannot and will not be liable for any loss or damage arising from unauthorized use of your username and/or password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at PIN's sole discretion, and PIN may refer you to appropriate law enforcement agencies.

INFORMATION, PICTURES, RESUMES, ETC.

Any information, pictures, resumes, etc. submitted to PIN, become property of PIN, and will not be returned. Some information contained on the site is intended for entertainment purposes and the views and opinions expressed therein are not necessarily those of PIN.

Browsing the site is at the user's risk: PIN makes no warranties or representation as to the accuracy of the information contained in this site and assumes no liability or responsibility for any errors or omissions in its contents or for any claims that the use of the materials displayed infringes upon the rights of third parties. Neither PIN, nor any other party involved in creating, producing, or delivering the site is liable for any costs, losses, damages, including direct, incidental, consequential, indirect, or punitive damages arising out of the user's access to, or use of, the site.

COMMUNICATIONS AND TRANSMISSIONS

Any communications or transmissions to the site by electronic mail or otherwise, including any data, questions, comments, suggestions, reviews, articles, or similar type of information is, and will be treated as, non-confidential and non-proprietary. Anything transmitted or posted may be used by PIN, its subsidiaries, agents, employees, and affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, representation, publication, broadcast, and posting. Trademarks, service marks, logos and/or any other text, marks, pictures, information, coding, or any thing else you may find on PIN are the exclusive property of PIN, and others, as may be applicable. PIN may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the site. However, PIN does not have an obligation to do so and assumes no responsibility or liability arising from their contents.

Periodically this web site may be temporarily inaccessible due to maintenance work on our web server or high Internet traffic to the web site. PIN cannot be held responsible for any inconveniences (loss of work, loss of promotion, etc.) this may cause you.

THIRD PARTY SITES

PIN does not endorse, nor is it affiliated with any third party entity, which may have provided a link to this Web site. Similarly, PIN does not endorse, nor is it necessarily affiliated with, any entity to which you may link from this Web site. These other sites are not under the control of PIN, and you acknowledge that PIN is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by PIN or any association with its operators.

PROPRIETARY RIGHTS

You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by PIN, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from PIN is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of PIN.

USER'S GRANT OF LIMITED LICENSE

By posting or submitting content to this site, you:

  1. grant PIN and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and 2. warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by PIN will not infringe or violate the rights of any third party.

INFORMATION SURETY

We work hard to ensure the information provided to you is accurate and complete. However, PIN does not control and cannot guaranty the legality or accuracy of the materials. PIN is not responsible for any copyrighted materials posted on our web site.

Please use the information on this web site based on your evaluation and analysis of any risks. It is your responsibility to ensure that the information you use (including software, images, jobs listings, auditions/casting calls and documents) are free of any violations of intellectual property rights.

Because we do not know how you are using information found on our web site, we do not make any express or implied warranties about the information contained in this web site for your particular use. We disclaim these warranties to the full extent provided by state and Federal law, including, but not limited to the warranties for merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. All indirect, consequential, implied, punitive and special damages are deemed waived if you use the information on this web site in any manner.

DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PIN DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL PIN BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES PIN'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

Upon a request by PIN, you agree to defend, indemnify, and hold harmless PIN and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of this site. PIN reserves the right; at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with PIN in asserting any available defenses.

INTERNATIONAL USE

PIN makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

CHOICE OF LAW AND FORUM

These Terms of Use shall be governed by and construed in accordance with the laws of the state of Oregon. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in Oregon, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and PIN with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and PIN with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

TERMINATION

PIN reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice. You agree You will not be entitled to a refund of any fees paid to PIN if, for any reason, PIN takes corrective action with respect to your improper or illegal use of its Services.

PIN may use a Chargeback Bureau to pre-check for fraudulent charges and chargeback oriented purchasers. Customers having one or more chargebacks for any reason may be denied use of PINís services.

I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND UNDERSTAND THAT USE OF THIS SITE SIGNIFIES MY AGREEMENT TO BE BOUND BY ALL OF ITS TERMS AS WELL AS THE TERMS OF THE PRIVACY POLICY AND RULES OF CONDUCT.