By Accepting the following Terms & Conditions (User Agreement) you are confirming the following:
I am over the age of 13 or I am a parent/guardian of a minor under the age of 13 and have fully read the User Agreement.
For Child Actors: [Additional Information]
This User Agreement ("Agreement") is a contract between you and frootful Talent and applies to your use of the frootful Talent services and any related products available through frootful Internet Servers (collectively the "Service"). If you do not agree to be bound, by the terms and conditions of this Agreement, please do not use or access our Services.
By accessing this web site, you are agreeing to be bound by this Agreement, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
1.1 Amendment of the Terms and Conditions or the Agreement:
These terms and conditions along with our privacy policy and/or other key terms and conditions may be amended in whole or in part by frootful Talent from time to time, and without prior notice. Amendments will be effective immediately upon posting on the web site. You are responsible for ensuring you are familiar with the latest terms and conditions as well as those of our parent company frootful Limited when and where appropriate. Your continued use of the services represents your agreement to be bound by the terms and conditions as may be amended from time to time. Errors and Omissions Excepted (E&OE)
In Brief, you are NOT allowed to:
If you do your account may be suspended and any account credits could be lost. We will not refund you any monies lost and may attempt to recover any that have not been paid.
The materials on frootful Talent are provided "as is". frootful Talent makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, frootful Talent does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall frootful Talent or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on frootful Talent's Internet site, even if frootful Talent or a frootful Talent authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on the frootful Talent web site could include technical, typographical, or photographic errors. frootful Talent does not warrant that any of the materials on its web site are accurate, complete, or current. frootful Talent may make changes to the materials contained on its web site at any time without notice. frootful Talent does not, however, make any commitment to update the materials.
frootful Talent has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by frootful Talent of the site. Use of any such linked web site is at the user's own risk.
frootful Talent may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of the Terms and Conditions (User Agreement) of Use.
Any claim relating to the frootful Talent web site shall be governed by the laws of the Country of the United Kingdom without regard to its conflict of law provisions.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
frootful Talent is a service provided to you "as is" and without guarantee. Any credits free or purchased are non refundable. frootful Talent cannot be held responsible for credits incorrectly used or for items that are denied for service due to there content or failure to meet our terms of use.
8.1 Terminology
In these terms and conditions, the following expressions have the meanings set out:
'photo', 'photos', 'image' or 'images' means photographic images that may be uploaded by you through the entry creation process;
'member' means a registered member of the frootful Talent web site, operated by Frootful Limited ("frootful") a UK registered company;
'services' means any one or more of the services offered by frootful from time to time, including online auctions, classifieds and any other service that frootful may offer;
'we', 'us' and 'our' are a reference to frootful Talent and/or Frootful Ltd ("frootful") and this web site www.frootfultalent.com;
'you' and 'your' are a reference to you;
'website' and 'frootful website' means the frootful Talent web site through which the services are offered;
and
'Entry' means a listing on the web site through which you create a profile for frootful Talent to promote you; either as a managed artist non managed artist or as an industry professional promoting a job i.e. Castings, Auditions or other Vacancies in the entertainment industry or a closely related field of the entertainment industry.
9.1 The services:
The frootful Talent web site provides a venue to introduce members who want to promote themselves. We only act as booking agents for managed talent with subscribed and active member profiles. frootful Talent does not act as an agent for any other advertised service or talent without an entry on the site.
9.2 At your own risk:
Transactions and all other contact between you and other registered members are conducted entirely at your own risk. You agree that frootful Talent takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. frootful gives no undertakings, representations, or warranties in relation to any entry or entries created on the web site, including:
about ownership of any entry;
as to the content, safety, description, worthiness, quality, or legality of and entry or entries that are posted on the web site;
as to the accuracy or truth of any entry/entries; that any entry will meet your requirements or expectations; or about the ability of members to complete a transaction or commitment.
9.3 Disclaimer: You expressly understand and agree that:
your use of the services is at your sole risk. The web site and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 9.2, frootful disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of skills, fitness for a particular purpose, and non-infringement;
frootful does not warrant that (i) the services provided will be uninterrupted, timely, secure, or error free, or (ii) that any information (including feedback) provided on the web site is error-free or reliable;
no advice or information that is obtained by you from frootful or anyone else shall create any warranty by frootful that is not expressly stated in the sites main terms and conditions; and
responsibility for the content of advertisements appearing on the Talent pages (including hyperlinks to advertisers' own web sites) rests solely with the advertisers. The placement of such advertisements on the web site does not constitute frootful's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
9.4 Liability:
You agree that, to the maximum extent permitted by law, any and all liability and responsibility of frootful to you or any other person under or in connection with these terms and conditions, or in connection with the services, this web site, another Member's acts or omissions, or your use of or inability to use, the services or this web site is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. frootful liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
9.5 Indemnity:
You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to completed a transaction, your use of frootful Talent messaging, your sale or attempted sale of an item prohibited under clause 4.2, or arising out of any content or item you submit, post, transmit, or make available through the services.
9.6 Breach:
Without limiting any other rights and remedies available to frootful, frootful may limit your activities on the Talent web site, remove your entries, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our services to you if you breach these terms and conditions or where frootful considers it appropriate.
10.1 Becoming a Member:
Becoming a member is free. You may only register as a member if you can form a legally binding contract that is enforceable against you. For example, you must be 18 years old. By registering as a member, you warrant that you can form a legally binding contract or are the guardian of a minor or have the consent of a parent whom has read these terms and conditions and agrees to be bound by them on your behalf.
10.2 Accurate Information:
You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by frootful Talent to ensure it is kept current at all times. You must not register as a member under multiple identities or personas (whether false or not). frootful Talent may phone, mail or email you to verify these details. You warrant that you will maintain your account details, keeping them up to date and accurate whilst registered to use the service. You also warrant to ensure we are able to contact you for a reasonable period after any transactions between us or until such times that contact is no longer required.
10.3 Termination of membership:
frootful Talent reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, frootful Talent may terminate your membership if a serious complaint or multiple complaints are received about you from other members, you breach these terms and conditions, you impersonate another member, or we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled.
10.4 Security of your login information:
You are responsible for keeping your login information, including your email address and password, secret, secure and up to date. Without limiting the foregoing, you agree: not to permit any other person to use your user name or membership; and not to disclose, or provide to any other person, your password, non public email address, or any information that may allow them to gain access to your membership.
10.5 Your obligations as a Member:
You will only enter entries (profiles) that are accurate, current, complete, and include all relevant information.
As a Talent member you must create an entry in one category only which must be the most appropriate category for your talents. If you have multiple talent that warrants and entry in another category please contact us for written confirmation to create another entry. Any fees associated with the second category entry will need to be paid. A discount voucher may be provided.
Agents and Industry Professionals should only place entries for opportunities that exist and are current. You will not list entries that you are not legally entitled to control, manage or that are not in your powers to complete.
You must not promote anything offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe items, items which infringe copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export. You are responsible for ensuring that any entry listed by you does not breach this clause 10.5 You agree that frootful Talent may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 10.5 at any time. All parties in any transaction are responsible for informing authorities where that transaction or series of transactions would fall under the money laundering regulations or taxation laws.
frootful Talent may be used by individuals to promote themselves or by industry professionals and closely related businesses or to promote casting calls, auditions and opportunities or vacancies only and must not be used for multiple or generic item listings.
You may post an additional entry under the "Announcements" category or "Sub Category" if your membership permits at not cost so long as it is related to or directly associated with the industry. i.e. An Amateur Production such as a play, Band Tour dates, Fund raising events such as Comic Relief etc.
Your entry may contain a URL for a website that contains further information on the entry you have created, such as a link to your own personal web pages, IM Db, Star Now, Spotlight, Twitter or other relevant and related industry site. This website can offer any other items for sale, or contain additional contact details.
You must not use the services or the web site to sell items that are of a speculative nature including, but not limited to pyramid, surf-for-free, or similar schemes.
Entries are not pre-screened for content, although the service does have some automation against banned words. frootful Talent reserves the right to remove any entry that it deems unsuitable or in breach of this agreement.
You must not link an entry to any page outside the web site unless the page directly promotes the entry it is related to.
10.6 Member Feedback
Feedback you provide on other members must not contain offensive, defamatory or inappropriate language. frootful Talent reserves the sole right to determine what is considered offensive, defamatory or inappropriate language.
You must not post feedback about yourself or include any contact details or personal information in your feedback. Feedback is provided for the sole purpose of facilitating trading between members on the frootful Talent web site. You must not market or export any feedback to any venue other than the frootful Talent web site.
10.7 Member Ownership
frootful Talent memberships are not transferable and therefore can not be sold or traded.
11.1 General
All entries or communications made through frootful Talent shall be made in good faith. You must not attempt to damage, interfere or harm the web site or services, or any network, or system underlying or connected to them, including by using a robot, spider, scraper or other automated means to access the web site or information feature on it for any purpose.
You shall not list your email address, phone number or any other contact detail within the description of entries, entry comments and/or questions, in your entries, or in the frootful message boards. These facilities are clearly available during registration with frootful Talent and can be amended at any time after registration.
You must not use the services or the web site to promote items for sale or any other entry outside the services.
12.1 frootful Talent Fees
frootful Talent charges a small fee to Talent for the use of the frootful Talent web site and its associated services as a venue. No fees are levied to industry professionals for posting casting, auditions or other related vacancies or for posting relevant entries in the 'Announcements' category of the site.
Current fees are listed on the fees page of the site and within the 'my account information' page of the 'My Account' area after login. frootful Talent will only issue refunds in the form of credit to the frootful Talent account of the member. Cash refunds will not be issued. Credits on accounts with frootful Talent are not transferable between members.
frootful Talent reserves the right to change the fees charged for any of our services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.
If you are a United Kingdom resident, then all fees are inclusive and in United States Dollars unless otherwise stated. Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied to frootful Talent account balances.
Before subscribing or creating an entry, you should review our pricing to ensure you are aware of the fees that you may / will incur.
You must pay the fees immediately upon demand by frootful Talent.
12.2 frootful Accounts
frootful may maintain credit accounts for some members and from which members must pay fees including payment of advance entry options.
Any payment to your frootful Talent account of an amount less than £10 may incur a handling fee that is payable to frootful Talent. You must settle any negative account balance immediately. frootful Talent reserves the right to take action against you to recover outstanding debts. You are liable for all expenses (including legal fees) that frootful Talent incurs when collecting that debt.
If your membership is terminated frootful Talent may refund the balance of your credit account, less a £10 manual processing fee that is payable to frootful Talent. Consequently, no refund will be made if the account balance is below £10. If your membership is removed due to breach of our terms and conditions it is at our discretion whether you are eligible for a refund. Promotional giveaways of frootful Talent credits, bonus credits, or any free credits gifted to the member on registration will not be refunded. If you have not logged on to the web site for a period of 24 months (two years), any unused balance on your account is forfeited and your membership will be suspended.
13.1 System Integrity: frootful Talent will use its reasonable endeavours to ensure the availability of the web site and services, subject to any downtime required for maintenance and system enhancements or updates. However, frootful Talent takes no responsibility for any system unavailability, or for any loss that is incurred as a result of web site or services being unavailable. Further, frootful Talent assumes no responsibility for the corruption of any data or information held by the frootful Talent servers.
13.2 Resolution of disputes:
As frootful Talent is not a party to any agreement or transaction between you and another member, you agree not to involve, or attempt to involve, frootful Talent in any dispute or in the resolution of disputes that arise between you and another member as a result of the services provided.
13.3 Partial Invalidity:
If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
We reserve the right to amend the terms of use for frootful Talent at anytime and will give reasonable notice when such changes take effect within the "My Account" area of the member pages.
These terms and conditions were last updated at 09:35 GMT +1 on the 16 February 2011.