TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
Welcome to Hollywood Sourcing. Hollywood Sourcing provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time on our site www.HollywoodSourcing.com. In addition, when using particular Hollywood Sourcing services, you and Hollywood Sourcing shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
Hollywood Sourcing currently provides users with access to its various services (referred to as the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Hollywood Sourcing to provide the Service. You also understand and agree that the service may include certain communications from Hollywood Sourcing, such as service announcements, administrative messages and the Hollywood Sourcing Newsletter, and that these communications are considered part of Hollywood Sourcing membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Hollywood Sourcing properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Hollywood Sourcing assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Hollywood Sourcing has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hollywood Sourcing has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You may receive a password and account designation upon completing the Service's 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 (a) immediately notify Hollywood Sourcing of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Hollywood Sourcing cannot and will not be liable for any loss or damage arising from your failure to comply with rule.
6. MEMBER CONDUCT
You understand that all information, data, text, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Hollywood Sourcing, are entirely responsible for all information that you upload, post, email, transmit or otherwise make available via the Service. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Hollywood Sourcing be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to: a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; b. harm minors in any way; c. impersonate any person or entity, including, but not limited to, a Hollywood Sourcing official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any 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); f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; l. "stalk" or otherwise harass another; or m. collect or store personal data about other users.
You acknowledge that Hollywood Sourcing and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Hollywood Sourcing and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Hollywood Sourcing or submitted to Hollywood Sourcing, including without limitation information in Hollywood Sourcing Message Boards, Hollywood Sourcing Clubs, and in all other parts of the Service which may be offered in the future.
You acknowledge and agree that Hollywood Sourcing may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Hollywood Sourcing, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Hollywood Sourcing does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Hollywood Sourcing the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of Hollywood Sourcing Clubs and Hollywood Sourcing Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Hollywood Sourcing Club or Hollywood Sourcing Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Hollywood Sourcing removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than Hollywood Sourcing Clubs or Hollywood Sourcing Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Hollywood Sourcing removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Hollywood Sourcing Clubs or Hollywood Sourcing Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the Hollywood Sourcing network of properties that are intended by Hollywood Sourcing to be available to the general public. By way of example, publicly accessible areas of the Service would include Hollywood Sourcing Message Boards and portions of Hollywood Sourcing Clubs and Hollywood Sourcing Groups that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of Hollywood Sourcing Clubs and Hollywood Sourcing Groups that are limited to members, Hollywood Sourcing services intended for private communication such as Hollywood Sourcing Mail or Hollywood Sourcing Messenger, or areas off of the Hollywood Sourcing network of properties such as portions of World Wide Web sites that are accessible through Hollywood Sourcing Webring but are not hosted or served by Hollywood Sourcing.
You agree to indemnify and hold Hollywood Sourcing, and its subsidiaries, affiliates, officers, agents, celebrities, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by you or any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. You also agree to indemnify Hollywood Sourcing, its subsidiaries, affiliates, officers, agents, celebrities, co-branders, partners, and employees from any liability, claim, or demand made by the individual you purchase the call or email video greeting card for.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Hollywood Sourcing may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Hollywood Sourcing's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Hollywood Sourcing has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Hollywood Sourcing reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Hollywood Sourcing reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Hollywood Sourcing reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Hollywood Sourcing shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Hollywood Sourcing, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Hollywood Sourcing believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Hollywood Sourcing may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Hollywood Sourcing may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Hollywood Sourcing shall not be liable to you or any third-party for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Hollywood Sourcing shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Hollywood Sourcing has no control over such sites and resources, you acknowledge and agree that Hollywood Sourcing is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Hollywood Sourcing shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. HOLLYWOOD SOURCING'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Hollywood Sourcing or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
You agree not to modify our Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Hollywood Sourcing for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Hollywood Sourcing EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. Hollywood Sourcing MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Hollywood Sourcing OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOLLYWOOD SOURCING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HOLLYWOOD SOURCING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
21. TRADEMARK INFORMATION
Hollywood Sourcing and other Hollywood Sourcing logos and product and service names are trademarks of Hollywood Sourcing Inc. (the "Hollywood Sourcing Marks"). Without Hollywood Sourcing's prior permission, you agree not to display or use in any manner, the Hollywood Sourcing Marks.
22. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Hollywood Sourcing and govern your use of the Service, superseding any prior agreements between you and Hollywood Sourcing. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Hollywood Is Calling shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions. You and Hollywood Sourcing agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Oakland, Michigan. The failure of Hollywood Sourcing to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
23. APPROPRIATE BEHAVIOR
If a client behaves rudely or inappropriately or submits a customized message that the celebrity or Hollywood Sourcing deems to be impolite, offensive, rude, or inappropriate in any way then the celebrity and/or Hollywood Sourcing reserves the right to hang up the call or replace the message with one in which the celebrity simply wishes the client well. No refunds will be made under such circumstances.
24. CELEBRITY VIDEO PRESS RELEASES
A Celebrity Video Press Release is an affordable way for you to call attention to your press release by having it hosted and read on camera by a HollywoodIsCalling.com celebrity
25. CELEBRITY VIDEO PRESS RELEASE PRICES
A 3 Minute Celebrity Video Press Release is $300. A 5 Minute Celebrity Video Press Release is $500. A 10 Minute Celebrity Video Press Release is $1000. HollywoodIsCalling.com reserves the right to alter our pricing structure in the future.
26. CELEBRITY VIDEO PRESS RELEASE TEXT / COPY LENGTH LIMITS
A 3 Minute Celebrity Video Press Release can be up to 2000 characters in length (including the white spaces in between words). A 5 Minute Celebrity Video Press Release can be up to 3000 characters in length (including the white spaces in between words). A 10 Minute Celebrity Video Press Release can be up to 6000 characters in length (including the white spaces in between words)
27. CELEBRITY VIDEO PRESS RELEASE RULES AND GUIDELINES
Do not ask or imply in your press release that the celebrity is endorsing your product, service or policy statement as this will cause your Video Press Release order to be immediately cancelled. 2) Do not say or imply anything in your press release copy / text that is illegal, rude, disrespectful, racist or inappropriate. HollywoodIsCalling.com and our Celebrities reserve the right to decline any Video Press Release order for any reason at any time. 3) Do not request changes to a Video Press Release after the order has been submitted to us. All orders are final and no changes are permitted.
28. CELEBRITY VIDEO PRESS RELEASE REFUND POLICY
No refunds are granted by HollywoodIsCalling.com on Celebrity Video Press Releases unless the order is CANCELLED or DECLINED by HollywoodIsCalling.com at which point the PURCHASER will receive a full refund.
29. CELEBRITY VIDEO PRESS RELEASE AESTHETIC / VISUAL APPEARANCE
Celebrity Video Press Release will be recorded by the celebrity on a webcam from whatever location in the world they happen to be at when your order comes in. It will be a very casual, continuous shot of your chosen celebrity reading your press release copy directly into their webcam. Its visual appearance will be very simple and very straightforward.
30. CELEBRITY VIDEO PRESS RELEASE DELIVERY
Once its completed our system will email you a link that you can use to download your Celebrity Video Press Release.
31. CELEBRITY VIDEO PRESS RELEASE DELIVERY TIME
Most Celebrity Video Press Release orders are fulfilled within seven business days. Some orders may take several weeks longer to fulfill during peak demand periods.
32. CELEBRITY VIDEO PRESS RELEASE DISTRIBUTION
You can post your Celebrity Video Press Release on your website, upload it to YouTube or incorporate it into your project's promotional efforts.
33. CELEBRITY VIDEO PRESS RELEASE DECLINATION OR CANCELLATION
HollywoodSourcing.com and HollywoodIsCalling.com and our celebrities reserve the right to DECLINE or CANCEL any Celebrity Video Press Release order for any reason at any time.
34. CELEBRITY VIDEO PRESS RELEASE TECHNICAL SPECIFICATIONS
Celebrity Video Press Releases are recorded by celebrities on their webcams
35. CELEBRITY SELF IDENTIFICATION ON THE CVPR
Each celebrity will self identify themselves and HollywoodIsCalling.com at the beginning of your Video Press Release
36. CELEBRITY VIDEO PRESS RELEASE TEXT / COPY MODIFICATION
All our CVPR's will begin with the celebrity identifying themselves and indicating that they are with HollywoodIsCalling.com. Both Hollywood Sourcing and HollywoodIsCalling.com and our celebrities reserve the right to make changes to the CVPR text / copy that is submitted by the client if HIC or the celebrity deem it necessary. While this is not done very often we reserve the right to do it if we deem necessary.
37. FACEBOOK AND TWITTER
You agree to allow Hollywood Sourcing and HollywoodIsCalling.com to post announcements on your Facebook page or Twitter page whenever Hollywood Sourcing deems necessary. These announcements may include, but not be limited to, information about new celebrities we're adding, upcoming VIP events and parties, future discounts and other special messages related to Hollywood Sourcing and our other companies and initiatives. These announcements, advertisements and postings may be made about a wide rage of topics. Hollywood Sourcing will be the sole determiner of what can be posted on your Facebook or Twitter page and how often we make such postings.
38. HOLLYWOOD SOURCING WARRANTIES
All services provided by Hollywood Sourcing are provided 'as is', without warranties as to performance, fitness, merchantability, and any other warranty (whether expressed or implied).
39. THE SITE
The site itself is also provided without warranty of any kind. There are no guarantees that it will be available at any given time, and no guarantees that use of the site will not be subject to interruptions. All direct or indirect risk related to use of the site is borne entirely by you, the user.
The possibility exists that the site and its contents may contain inaccuracies or errors. Hollywood Sourcing makes no guarantees regarding the accuracy of the site or its contents.
The site contains links to other sites operated by third parties. Hollywood Sourcing does not endorse and is not affiliated with these linked sites, and is not responsible for any content that appears on these linked sites.
40. GENERAL USER OBLIGATIONS.
The Hollywood Sourcing Terms Of Service is entered into by, and between the company or individual specified during the Hollywood Sourcing registration process. The policy, terms and conditions of the Terms Of Service limits Hollywood Sourcing's liability and obligations to users. It also allows Hollywood Sourcing to change, suspend or terminate access to, and use of, the Hollywood Sourcing Platform. We urge users to read the Terms Of Service carefully. Hollywood Sourcing may modify the Terms Of Service at any time without prior notice to or the consent of their users. Terms Of Service (the "Agreement") is a contract
A particular job or set of ongoing tasks for which a client has hired services to be performed by a contractor. This contract is between you (the "User") and Hollywood Sourcing. You must read, agree with and accept all of the terms and conditions contained in this Agreement in order to use our website located at www.HollywoodSourcing.com (the "Site") and related software and services (collectively, the "Hollywood Sourcing Platform").
Hollywood Sourcing may amend this Agreement at any time by posting a revised version on the Site. Each revised version will state its effective date, which will be on or after the date we post it. If the revised version materially reduces your rights or increases your responsibilities, we may post it in advance of the effective date in order to give you notice. Your continued use of the Hollywood Sourcing Platform after the effective date of a revised version of this Agreement constitutes your acceptance of its terms.
Your access to and use of the Hollywood Sourcing Platform is also governed by information, guidelines and policies made available on the Site. To the extent that there are any conflicts between the terms and conditions of this Agreement and the Site, the terms and conditions of this Agreement will govern.
YOU UNDERSTAND THAT BY CHECKING THE BOX AND CLICKING THE "SUBMIT" BUTTON, OR BY USING THE HOLLYWOOD SOURCING PLATFORM, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE HOLLYWOOD SOURCING PLATFORM. IF YOU AGREE TO THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT. IN THAT EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT ENTITY.
THE HOLLYWOOD SOURCING PLATFORM.
Purpose of the Hollywood Sourcing Platform.
The Hollywood Sourcing Platform enables Users to buy and sell Services online. Clients post jobs and invite Contractors to apply. Contractors post profiles and bid on jobs. If a Client accepts a Contractor's bid for a job, a Service Contract is formed directly between such Client and Contractor
A company or individual that uses Hollywood Sourcing to offer services to clients and/or enters into a contract is subject to the terms specified in this contract (Service Contract Terms Between Client and Contractor). Hollywood Sourcing collects payment from the Client on behalf of the Contractor.
41. HOLLYWOOD SOURCING FEE.
Hollywood Sourcing charges employers a fee for services and technology including but not limited to maintaining the Hollywood Sourcing Platform, providing online tracking resources, or collecting amounts owed by Clients and remitting them to Contractors. Typically, this fee is equal to $5 or 10% of Client's payments, whichever is greater. This fee is NOT REFUNDABLE under any circumstances.You can post a job for free on Hollywood Sourcing and you can also apply for a job for free on Hollywood Sourcing. If an employer hires someone to perform a virtual job then the employer pays HollywoodSourcing.com either $5 ( five dollars ) or 10% (ten percent) of the jobs cost, which ever is greater. The Hollywood Sourcing fee is non refundable (to prevent fraud) and is paid by the employer and goes into escrow. When the employer confirms that the job is satisfactorily completed for him by the worker then the escrow system releases the payment to the worker. For example lets compare two jobs. Job A has a budget of $30 so the system will then compare $5 to ten percent of the jobs budget / cost which is $3 and it will charge the employer the greater amount which will be $5. Job B has a budget $25,000. Here the system will compare a possible $5 Hollywood Sourcing fee with a ten percent Hollywood Sourcing fee which will be $2,500 and it will determine that $2,500 is greater than $5 so it will charge the employer $2,500. This means that the employer will have to place $27,500 ( $25,000 job cost plus $2,500 Hollywood Sourcing fee ) into escrow to start the work.
42. GENERAL USER OBLIGATIONS.
Hollywood Sourcing has created a marketplace to connect Clients and Contractors using the Hollywood Sourcing Platform. Hollywood Sourcing is not a service company and does not provide Services or manage individual Contractors or their work, in any manner. Hollywood Sourcing expects a consistent and high level of courtesy, respect and professionalism from all of its Users toward each other. Users agree to use good judgment when posting information, comments, feedback
At Hollywood Sourcing, your feedback is your reputation. The feedback system allows users to rate each other when a contract ends. This allows all active Hollywood Sourcing users to earn and display a reputation within the Hollywood Sourcing community, Hollywood Sourcing or any third party anywhere within the Hollywood Sourcing Platform.
Users may be held legally responsible for damages suffered by other Users, Hollywood Sourcing or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to the Hollywood Sourcing Platform. All Clients and Contractors are to comply with all laws applicable to them or to their activities, and with all posted Hollywood Sourcing Policies, which are hereby incorporated into this Agreement by reference. These policies may be modified from time to time at Hollywood Sourcing's discretion, and the currently effective policies will be deemed to be part of this Agreement.
You will not access (or attempt to access) the Site by any means other than the interface provided, and you will not use information from the Site for any purpose other than the purpose for which it was made available. You will not engage in any activity that interferes with or disrupts the functioning of the Site. You will not upload or attach an invalid or malicious or unknown file. You will not insert any external links that may be malicious or unknown to you, or used for offering any goods or services other than Services.
Under federal law, Hollywood Sourcing is not legally responsible for any remarks, information or other content posted or made available on the Hollywood Sourcing Platform by any User or third party, even if such information or content is defamatory or otherwise legally actionable. Hollywood Sourcing is not responsible for and does not monitor or censor content for accuracy or reliability. However, Hollywood Sourcing reserves the right to remove or restrict access to any information or content posted or made available on the Hollywood Sourcing Platform if ordered to do so by a government authority or if Hollywood Sourcing considers such information or content to be in violation of this Agreement.
Pursuant to the Digital Millennium Copyright Act, Hollywood Sourcing has implemented procedures for receiving written notification of claimed infringements and for processing such claims. If you believe your copyrights are being infringed by a User of the Hollywood Sourcing Platform, please fax to Hollywood Sourcing at 313 841-3945 a Notice of Infringement that includes substantially the following: (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; (3) identification of the material that is claimed to be infringing that is to be removed, and information reasonably sufficient to enable Hollywood Sourcing to locate it; (4) information reasonably sufficient to enable Hollywood Sourcing to contact the complaining party; (5) 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; 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 the owner of an exclusive right that is allegedly infringed.
43. JOB POSTINGS AND APPLICATIONS.
All jobs posted to Hollywood Sourcing must be in English and not contain any information enabling or requesting contact or payment outside of the Hollywood Sourcing Platform. Job postings must be of a professional nature and accurately describe the Services requested. They should be free of offensive language or advertisements for other products or services. Job postings may not request any service that is illegal or violates intellectual property rights, copyrights or the terms of service of another service, product or website. Job postings related to the creation of adult or explicit content or those that involve modeling or acting are prohibited. Job postings that involve exposure to content of an adult or potentially offensive nature should notify potential readers in the title of the job posting.
44. APPLYING TO A JOB.
All information provided in a job application must be true, accurate and complete. Hollywood Sourcing reserves the right to verify any and all information provided on a User's profile or job application. By applying to a job, the User is attesting that he/she/it has the skills and ability to perform the requested Services by the deadline stated in the job posting.
45. FIXED-PRICE CONTRACTS.
Contractors agree that there is no guarantee of payment for Fixed-Price Contracts. Clients have complete and sole discretion to determine whether a Contractor has completed a Fixed-Price Contract and whether to pay the Contractor.
If Client fails to pay amounts due under this Agreement, whether by cancelling Client's credit card, initiating an improper chargeback, or any other means, Client's Hollywood Sourcing account will be suspended, no additional payments will be processed, and any work-in-progress will be stopped. Without limiting other available remedies, Client must reimburse Hollywood Sourcing for amounts due upon demand, plus any applicable processing fees, charges or penalties, plus interest at the lesser of one and one-half percent (1.5%) per month or the maximum allowed by law, plus attorneys' fees and other costs of collection as allowed by law. In its discretion, Hollywood Sourcing may setoff amounts due against other amounts received from or held for Client, make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
47. HOLD ON FUNDS.
Hollywood Sourcing reserves the right, in its sole discretion, to place a hold on funds for Client payments to clear or if Hollywood Sourcing suspects monies may be subject to charge back or if fraud is suspected. Hollywood Sourcing will release a hold as soon as deemed appropriate. In cases of fraud, abuse or violation of this Agreement, the Hollywood Sourcing payment guarantee
48. DISPUTE RESOLUTION.
Disputes are a way to enforce the Hollywood Sourcing Payment Guarantee. Once the dispute period has passed, the charges are accepted by the Client and can no longer be disputed and can only be refunded by the Contractor. Disputes can only address the hours billed, not the quality of the work performed or deliverables.
49. RATINGS AND FEEDBACK.
Hollywood Sourcing provides its feedback and rating system as a means through which Users can express their opinions publicly. Hollywood Sourcing does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability. You acknowledge and agree that the Hollywood Sourcing Platform will contain public feedback from Users with whom you have transacted. You acknowledge that feedback results for you may consist of comments and ratings left by other Users and that Hollywood Sourcing may calculate a composite feedback number based on these individual ratings. You may be held legally responsible for damages suffered by other Hollywood Sourcing Users or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory. Hollywood Sourcing is not responsible for any feedback or comments posted or made available on the Hollywood Sourcing Platform by any Users or third parties, even if that information is defamatory or otherwise legally actionable. Any effort to falsify feedback, manipulate or coerce another User by threatening negative feedback or offering to sell or buy Services in exchange for feedback is in violation of this Agreement. Hollywood Sourcing reserves the right to delete ratings and feedback as it deems appropriate.
50. HOLLYWOOD SOURCING SKILL TESTS.
Hollywood Sourcing may provide skills tests through its own means or third parties. These tests are optional for the Contractors. They are meant as a data point in evaluating Contractors and are in no way a certification by Hollywood Sourcing of the User's ability to perform Services associated with a test. Manipulating test scores by providing or receiving answers to the test, allowing others to take the tests or any other attempt at falsifying credentials is a violation of this Agreement.
Hollywood Sourcing treats personally identifiable information differently from general information. Personally identifiable information can be used to identify, locate or contact you. General information is information that is not personally identifiable information and is not associated with personally identifiable information. Hollywood Sourcing may convert personally identifiable information into general information by excluding information that is personally identifiable. You acknowledge that general information belongs to Hollywood Sourcing and that Hollywood Sourcing has the right to use such general information as it determines in its sole discretion. Hollywood Sourcing may process information in the country where it was collected, as well as other countries (including the United States) where laws regarding processing of personal information may be less stringent than the laws in your country.
52. INFORMATION GATHERED
If you register to buy or sell Services using Hollywood Sourcing, we collect and store personally identifiable information, including your name, address, email address and password. Hollywood Sourcing may request additional information from you or third parties to validate or supplement this information. Clients are also required to enter information regarding a payment method
A payment method is how employers pay for their Hollywood Sourcing contracts. You agree to provide us with information reasonably requested by us, even if the request is made after conclusion of your work on a particular Contract.
53. PERSONALLY IDENTIFIABLE INFORMATION.
"Contractor profile associated with that person's Agency on Hollywood Sourcing. If an Agency Contractor is no longer working for an Agency, the Agency may not use the Contractor's profile in any way. Contractors leaving an Agency must contact the Agency manager to remove their association. Agencies may not refuse to release an Agency Contractor. When leaving the Agency, Agency Contractors keep their profiles, including their work and feedback histories. Their histories are meant to reflect work done by them. The Agency's work and feedback history will retain the Contracts of Contractors who have since left the Agency. An Agency that requests the immediate suspension of a Contractor must provide the documents and supporting legal authority that prove, to Hollywood Sourcing's satisfaction, that the Contractor has breached a non-compete agreement or an Hollywood Sourcing policy.
Hollywood Sourcing has the right, but not the obligation, to suspend or cancel your access to the Hollywood Sourcing Platform if it believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or violated our rights or those of another party. Without limiting Hollywood Sourcing's other remedies, we may suspend or terminate your account, use self-help in connection with our rights to reclaim any available funds, and refuse to provide any further access to the Hollywood Sourcing Platform to you if (a) you breach any terms and conditions of this Agreement or other written policies and procedures posted on the Site; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our Users or for Hollywood Sourcing. Once suspended or terminated, you MAY NOT continue to use the Hollywood Sourcing Platform under a different account or reregister under a new account. If you attempt to use the Hollywood Sourcing Platform under a different account, we reserve the right to reclaim available funds in that account and/or use an available payment method to pay for any amounts outstanding. In addition, violations of this Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. When your User account is canceled, you may no longer have access to any parts of the Hollywood Sourcing Platform, including data, messages, files and other material you keep on Hollywood Sourcing. All intellectual property provided by Clients for the purposes of completing Contracts will be returned by Contractors immediately upon termination.
55. SERVICE CONTRACT TERMS .
User agrees that all Service Contracts between any Client or Contractor shall: (i) include the terms and conditions provided herein; (ii) name Hollywood Sourcing as an express third party beneficiary under the Service Contract; and (iii) make no representations or warranties or enter into any contracts on behalf of Hollywood Sourcing, except as may be otherwise provided for herein. Client and Contractor may agree to terms in their Service Contract materially different than the Standard Terms; however, nothing in such Service Contract will in any way limit or modify Hollywood Sourcing's rights.
Contractor shall perform Services in a professional and workmanlike manner. Under Fixed-Price Contracts, Contractor shall deliver the agreed-upon Work Product. Under Hourly-Rate Contracts, Contractor shall use reasonable efforts to create the desired Work Product.
Client shall pay Contractor the agreed-upon fees for time spent (under Hourly-Rate Contracts) or delivery and acceptance of the Work Product (under Fixed-Price Contracts). All amounts paid by Client shall be paid through the Hollywood Sourcing Platform to Hollywood Sourcing as the Contractor's agent, and Client's obligation of payment to Contractor is met when payment is made to Hollywood Sourcing.
58. UNDER HOURLY RATE CONTRACTS, EITHER PARTY MAY TERMINATE THE SERVICE CONTRACT AT ANY TIME FOR ANY OR NO REASON. HOWEVER, THE CLIENT REMAINS OBLIGATED TO PAY FOR ANY TIME THE CONTRACTOR WORKED PRIOR TO TERMINATION.
For Fixed-Price Contracts, the Client may terminate at any time but may not recover any payments made to the Contractor unless mutually agreeable. The Contractor may terminate a Fixed-Price Contract at any time if no payment has been made. If a payment has been made on a Fixed Price Contract, the Contractor may terminate only with written agreement from the Client or after the payment has been refunded.
59. INTELLECTUAL PROPERTY IN WORK PRODUCT.
Contractor shall ensure that no Work Product created or delivered by Contractor includes any pre-existing software, technology or other intellectual property, whether such pre-existing intellectual property is owned by Contractor or a third party including, without limitation, code written by proprietary software companies or developers in the open source community (collectively "Pre-existing IP") without obtaining the prior written consent of the Client to the inclusion of such Pre-existing IP in the Work Product. Contractor acknowledges that, without limiting any other remedies, Contractor shall not be entitled to payment for, and shall refund any payments to Contractor for, any Services performed on a Contract if the Work Product contains any Pre-existing IP that was not approved.
60. ENTIRE AGREEMENT.
The terms and conditions set forth in this Section 3 and any additional or different terms expressly agreed by Client and Contractor shall constitute the entire agreement and understanding of Client and Contractor with respect to each Service Contract and shall cancel and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between them.
61. ACKNOWLEDGMENTS BY USER OF HOLLYWOOD SOURCING'S ROLE.
User expressly acknowledges, agrees and understands that: (i) the Hollywood Sourcing Platform is merely a venue where Users may act as Clients or Contractors; (ii) Hollywood Sourcing is not a party to any Service Contracts between Clients and Contractors; (iii) User recognizes, acknowledges and agrees that User is not an employee of Hollywood Sourcing and that Hollywood Sourcing does not, in any way, supervise, direct, or control User's work or Services; (iv) Hollywood Sourcing shall not have any liability or obligations under or related to Service Contracts or any acts or omissions by Users; (v) Hollywood Sourcing has no control over Contractors or over the Services promised or rendered by Contractors; and, (vi) Hollywood Sourcing makes no representations as to the reliability, capability, or qualifications of any Contractor or the quality, security or legality of any Services, and Hollywood Sourcing disclaims any and all liability relating thereto.
62. PROPRIETARY RIGHTS.
Hollywood Sourcing and its licensors reserve all Proprietary Rights in and to the Hollywood Sourcing Platform. User may not use the Hollywood Sourcing Platform except as necessary for the purposes of discharging its obligations under this Agreement and any Service Contract entered into pursuant to this Agreement and on the terms set out in the License Agreement. Hollywood Sourcing reserves the right to withdraw, expand and otherwise change the Hollywood Sourcing Platform at any time in Hollywood Sourcing's sole discretion. User shall not be entitled to create any "links" to the Hollywood Sourcing Platform, or "frame" or "mirror" any content contained on, or accessible through, the Hollywood Sourcing Platform, on any other server or internet-based device.
63. HOLLYWOOD SOURCING'S COMPENSATION.
All Hollywood Sourcing Fees are non-refundable, whether or not Service Contracts were satisfactorily completed.
Client hereby authorizes Hollywood Sourcing to run credit card authorizations on all credit cards provided by Client, to store credit card details as Client's method of payment for Services, and to charge Client's credit card (or any other form of payment authorized by Hollywood Sourcing or mutually agreed to between Client and Hollywood Sourcing).
65. PAYMENT GUARANTEE.
Hollywood Sourcing will guarantee performance of the Client's payment to you as a Service Contractor working on Hourly-Rate Contracts where the Client has a verified payment method
A verified payment method is the way employers pay their outstanding balance automatically after having undergone a security verification process. Verified payment methods are an integral component of the Hollywood Sourcing Payment Guarantee. Determination of whether these criteria have been met is at the sole discretion of Hollywood Sourcing. The Payment Guarantee will not apply to Contractors or Contracts in violation of this Agreement, where the Contractor is aware of or complicit in another User's violation of this Agreement, or where there is any other involvement in fraudulent activities or abuse of this Payment Guarantee.
66. CONFIDENTIAL INFORMATION.
To the extent a Client or Contractor provides Confidential Information to the other and/or to Hollywood Sourcing, the recipient shall protect the secrecy of the Confidential Information with the same degree of care as it uses to protect its own confidential information, but in no event with less than due care, and shall not: (i) disclose Confidential Information to anyone except, in the case of Hollywood Sourcing, to any Client or Contractor engaged in a Contract; and (ii) use the Confidential Information, except as necessary for the performance of Services for the relevant Contract (including, without limitation, the storage or transmission of Confidential Information on or through Hollywood Sourcing Platform for use by Contractor).
67. WARRANTY DISCLAIMER.
HOLLYWOOD SOURCING MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SERVICES, WORK PRODUCT, HOLLYWOOD SOURCING PLATFORM OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOLLYWOOD SOURCING DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SECTION 10.2 (TERMINATION) STATES USER'S SOLE AND EXCLUSIVE REMEDY AGAINST HOLLYWOOD SOURCING WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES OR DISSATISFACTION.
68. LIMITATION OF LIABILITY.
IN NO EVENT WILL HOLLYWOOD SOURCING BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR INDIRECT COSTS OR DAMAGES, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION OR PROFIT. THE LIABILITY OF HOLLYWOOD SOURCING TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) U.S. $2,500; AND (B) ANY HOLLYWOOD SOURCING FEES RETAINED BY HOLLYWOOD SOURCING WITH RESPECT TO CONTRACTS ON WHICH USER WAS INVOLVED AS CLIENT OR CONTRACTOR DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS SHALL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
Each User and visitor to this site shall indemnify, defend and hold harmless Hollywood Sourcing and its subsidiaries, affiliates, celebrities, officers, agents, employees, representatives and agents (each an "Indemnified Party" for purposes of this Section 9) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) arising from or relating to any claim, judgment, or adjudication that any Work Product, Services or action or omission by such User infringes Proprietary Rights or other rights of any third party.
70. INDEMNIFICATION BY CLIENT.
Each Client shall indemnify, defend and hold harmless the Indemnified Parties from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) arising from or relating to (i) such Client's use of Services, including without limitation claims by or on behalf of any Contractor for Worker's Compensation or unemployment benefits, or (ii) any Service Contract entered into between such Client and a Contractor.
71. INDEMNIFICATION BY CONTRACTOR.
Each Contractor shall indemnify, defend and hold harmless the Indemnified Parties from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) arising from or relating to (i) such Contractor's provision of Services, or (ii) any Service Contract entered into between such Contractor and a Client.
You consent to the use of (a) electronic means to complete this Agreement and to deliver any notices pursuant to this Agreement; and (b) electronic records to store information related to this Agreement or your use of the Hollywood Sourcing Platform. Notices hereunder shall be invalid unless made in writing and given (a) by Hollywood Sourcing via email (in each case to the address that you provide), (b) a posting on the Hollywood Sourcing Site or (c) by you via email to HollywoodSourcing.com or to such other addresses as Hollywood Sourcing may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
No modification or amendment to this Agreement shall be binding upon Hollywood Sourcing unless in a written instrument signed by a duly authorized representative of Hollywood Sourcing. For the purposes of this Section 11.5, a written instrument shall expressly exclude electronic communications such as email and electronic notices but shall include facsimiles.
73. NO WAIVER.
The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party's right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative of each party.
User may not assign this Agreement, or any of its rights or obligations hereunder, without Hollywood Sourcing's prior written consent in the form of a written instrument signed by a duly authorized representative of Hollywood Sourcing (and, for the purposes of this Section 11.7, a written instrument shall expressly exclude electronic communications such as email and electronic notices but shall include facsimiles). Hollywood Sourcing may freely assign this Agreement without consent of User. Any attempted assignment or transfer in violation of this Section will be null and void. Subject to the foregoing restrictions, this Agreement will inure to the benefit of the successors and permitted assigns of the parties.
If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability, and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction shall not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
76. CHOICE OF LAW.
This Agreement and any controversy, dispute or claim arising out of or relating to this Agreement ("Claims") shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Hollywood Sourcing and User hereby agree that any claims shall be settled through the Hollywood Sourcing arbitration system. Hollywood Sourcing shall resolve arbitration claims within 60 days of their being filed on our system. All decisions and verdicts rendered by the Hollywood Sourcing Arbitration System are FINAL, NON REVERSIBLE and NON APPEAL-ABLE. The only money that you can win back in an arbitration case is the money that still resides in the Hollywood Sourcing escrow account. Funds that have already been sent to the worker like 1) upfront payments and 2) milestone payments cannot be retrieved by arbitration from the worker once they are sent so we strongly recommend that you keep your upfront payments and milestone payments as modest as possible. We also strongly encourage you to work out your disagreements before resorting to arbitration because filing an arbitration case is a lengthy process and can result in a decision which may be less favorable to you then if you agreed on a solution with the other individual yourself.
78. JOB POSTING RULES
Job postings in the Hollywood Sourcing marketplace are subject to review by Hollywood Sourcing. They must be posted in English. If a posting is deemed to be inappropriate for any reason, it may be edited or removed immediately and may result in the suspension or even termination of the posting user's account and/or company. The company owner may be held responsible for the job postings of all their hiring managers and recruiters.
Violations include but are not limited to:
- Offering payment using any method (Western Union, PayPal, etc.) outside the Hollywood Sourcing billing and payment system
- Accepting any solicitation to pay for work using any method (Western Union, PayPal, etc.) outside the Hollywood Sourcing billing and payment system.
- In addition, job postings which are clearly discriminatory in nature are not permitted and will be removed.
- Disclosing direct contact information (email address, phone number or chat ID) in your job posting or attachments. Direct contact is only permitted with active candidates and team members, NOT other contractors or applicants.
- Requesting applicants submit their direct contact information (email address, phone number or chat ID) in their cover letters.
- Requesting fees from contractors for applying, bidding, or winning a contract
- Including offensive language or content
- An organization that seeks to make money at Hollywood Sourcing by selling the services of their Agency Contractors
- Posting work related to school projects
- Intending any illegal activity or violation of other websites' Terms of Service
- Involving the use of spyware, spam-bots, viruses or any other products with malicious intent
79. NON REFUNDABLE FEE
The ten percent fee which Hollywood Sourcing charges the employer who posts jobs that have 1) found a worker and 2) been funded with money placed in our escrow system is NON REFUNDABLE. If you cancel a job that you've placed funds in escrow for then the price of the job may, under some unique circumstances be refunded, but the ten percent Hollywood Sourcing Fee is never refundable
80. FUNDS TRANSFERRED TO WORKERS AND EMPLOYEES
Once Hollywood Sourcing is notified by the employer that a job has been completed it can take up to ten days for Hollywood Sourcing to release the funds from escrow and place them in the employees account.
81. HOLLYWOOD SOURCING MAY CONTACT YOU VIA EMAIL, PHONE AND PHYSICAL MAIL
Hollywood Sourcing reserves the right to contact users via email, phone and physical mail with regards to business related matters. It may be something as simple as sending you a confirmation email or it may involve contacting you by phone or physical mail to address other business related matters.
82. PAYMENTS ( UPFRONT PAYMENTS - MILESTONE PAYMENTS - FINAL PAYMENTS )
Whenever two individuals ( an employer and a worker ) enter into an agreement on a job there are several components to the payment process.
1) The first is the budget for the job which is the price that the employer agrees to pay the worker for the completed work. This is held in escrow by Hollywood Sourcing and is only distributed to the worker as both parties agree.
2) The second component is the upfront payment that the worker usually requests be paid immediately ( at the beginning of the job ) so that the worker can begin working on the job. Whenever the employer hires the worker and funds the contract by placing the budget / price for the job into the Hollywood Sourcing escrow account our system then sends the agreed upon upfront payment to the worker. Unlike the funds that are still remaining in Hollywood Sourcing escrow account once the upfront payment funds are taken from the escrow account and sent to the workers account they CANNOT be retrieved by arbitration or any other means. This is why we strongly recommend that your upfront payments be as low as possible. How much of an upfront payment you agree upon or even if you agree to make an upfront payment is entirely negotiable in the beginning but once an agreement is made and a deal is funded we cannot retrieve your upfront payment if there is a dispute submitted to arbitration later.
3) The third component of the payment system are the milestone payments which both parties can negotiate and decide amongst themselves. Milestone payments are paid out by the employer to the worker as the worker completes certain agreed upon stages of the work. Whether you decide to make milestone payments and how much you make is entirely up to both parties as they negotiate their deal in the beginning of the process.
4) The fourth component of the payment system is the final payment. This is only made when both parties agree that all the work has been completed.