Be Advised: Any and all reference to Artist Armor is here-in by definition and purpose also Artist Armor - a wholly owned subsidary of Local 4 Publishing.
Please review carefully the Terms and Conditions set forth below before using the Artist Armor web site. The terms "You", "Your", "User", "Users" "Client" or "Clients" refer to anyone or any entity accessing our services or web site for any reason. The terms "Site" or "Website" refer to Artist Armor or Artist Armor LLC (hereafter "Artist Armor"). The Artist Armor web site is offered to You conditioned on Your acceptance of the terms, conditions, restrictions and notices contained herein. Artist Armor may amend or modify these terms and conditions without notice, effective immediately, by updating this posting. Your use of the Artist Armor web site constitutes Your agreement to all such terms, conditions, restrictions and notices. For purposes of this agreement, Users or Clients are classified as any individual or entity who submits documents and/or materials to Artist Armor, or who uses the services, products and/or resources of this Site as agreed to under these Terms and Conditions of Use.This includes Service Buyers or Service Providers and Employers, and any and all such Users or Clients may hereafter be referred to respectively or jointly as the "Parties" and individually as a "Party". These terms and conditions constitute the entire agreement between You and Artist Armor as to its subject matter. If You do not agree to any of these Terms and Conditions You should immediately cease to use Artist Armor's website.
Eligibility Requirements Artist Armor shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the service. Artist Armor's web site is available only to individuals or entities who can form legally binding contracts under applicable law. The services of this web site are not available to minors except with the consent of a parent or legal guardian, and pursuant to all state and federal laws regarding online usage by minors. If Users do not qualify, they cannot legally use any of Artist Armor's services including, but not limited to, those that require the User's ability to enter into legally binding contracts.
Removal From Website Artist Armor reserves the right to terminate the participation of any member client, website or entity at any time with or without reason, but expressly including any member client, website or entity that Artist Armor deems to be in violation of these Terms and Conditions. Member clients in violation of Artist Armor's Terms and Conditions will be immediately deactivated. Artist Armor may deactivate clients with no prior notification. Member clients found in violation of the Terms and Conditions will not receive any credit or payment from Artist Armor, notwithstanding the fact that clients terminated by Artist Armor on any basis other than violation of these Terms and Conditions may be entitled to receive payments contractually due them from Artist Armor.
Description Of Services Artist Armor offers a variety of content, products, services, benefits, and other resources on its Artist Armor web site of particular interest to individuals and entities pursuing careers in entertainment and related fields.This Site is intended to aid its members in efficiently managing their careers, professions, and businesses. These services are for use only under a non-exclusive, non-transferable, and non-assignable license pursuant to these Terms and Conditions of Use. Clients do not have the right to copy, sell, or otherwise exploit for any commercial purpose the services or content (in whole or in part), or access to this service or use of this service. Some of the services offered at Artist Armor may include responses to questions by Users of this service and/or articles with original content and opinions. Use of this content or links to this content is at the User's own risk. No warranty is made that the information is accurate or reliable and Artist Armor and its related managers, entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage You may suffer relying on anything contained in or omitted from this content.Client understands and agrees to the following: Some of the content provided at Artist Armor may relate to various subjects such as information pertaining to legal matters, financial matters, health matters, and other matters for which the content is provided in an advisory nature. This information is provided solely for informational and general non-advisory purposes. If desired, Users should use their own efforts to confirm such information with a professional(s) in the pertinent field(s). The information that Artist Armor provides should not be considered professional, medical, legal, technical, or any other discipline-specific advice, unless it is expressly represented as such by Artist Armor. Artist Armor is a dynamic, time-sensitive web site. As such, the information on Artist Armor will be changed frequently. It is possible that some information could be considered offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled accidentally or inadvertently by Artist Armor or accidentally or purposefully by a third-party, regardless of whether such third parties possess a legitimate business purpose. Artist Armor provides unmonitored access to third-party content. Artist Armor is expressly acting as a venue and/or portal, and has no liability based on, or related to, the third-party content on this Site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline. This web site may contain links to third-party web sites. Artist Armor does not control nor does it always review the web sites to which we link from Artist Armor. Artist Armor, therefore, cannot endorse the content, products, services, practices, policies, or performance of the web sites linked to from Artist Armor, and Users should not treat any link as an endorsement or acceptance of veracity or value. Artist Armor does not have the resources to nor does it undertake any obligation to, control, research, verify, validate, or approve the content that is received or viewed on its web site. Artist Armor expects that the User will undertake all necessary activities and precautions consistent with generally accepted business practices, and will use caution and common sense when using Artist Armor for User's account.
Advance Payments Artist Armor is not an escrow service.From time to time, Artist Armor may accept an advance payment for a given project. Such funds may be held with the agreement of all Parties concerned until such time as they are retained or distributed in accordance with the express terms of the governing contract.
Taxes Clients are responsible for paying any taxes, guild or union fees including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided by Artist Armor. These taxes will be added to fees billed to You, if applicable.
Dispute Resolution Services Artist Armor offers dispute resolution services only to those registered Users that have paid any and all applicable fees to Artist Armor and that have expressly agreed to the dispute resolution provisions included in these Terms and Conditions. Client agrees and acknowledges that, unless otherwise expressly agreed to in writing (i) Artist Armor is not providing legal services,(ii) Artist Armor will not advise You regarding any legal matters and (iii) if You desire to have legal counsel, You will seek independent legal counsel licensed to practice law in Your jurisdiction and not rely on Artist Armor for any such counsel. You agree to indemnify and hold harmless Artist Armor and any of our affiliates against any damages or liability You may suffer as a result of using these Dispute Resolution Services. In the event of any dispute between Client and third parties, Client agrees to indemnify and hold harmless Artist Armor for any damages arising out of such dispute. The dispute resolution services offered by Artist Armor will adhere to the following procedures: Arbitration. Notwithstanding every other provision of this contract, all questions and disputes with respect to rights and obligations of the Parties arising under this Agreement shall be resolved by arbitration. (a) Demand for Arbitration. A Party may demand arbitration by delivering a written demand to the other Party within 60 days after occurrence of the dispute. (b) Appointment of Arbitrators. The Parties may agree on one arbitrator. If they cannot agree on one arbitrator, there shall be three: one named in writing by each of the Parties within five days after demand for arbitration is given, and a third chosen by the two appointed. Should either Party refuse or neglect to join in the appointment of the arbitrator(s) or to furnish the arbitrator(s) with any papers or information demanded, the arbitrator(s) may proceed ex parte. (c) Hearing. A hearing on the matter to be arbitrated shall take place before the arbitrator(s) in Los Angeles County, California, the time and place to be selected by the arbitrator(s). The arbitrator(s) shall give each Party written notice of the time and place at least 30 days before the date selected. At the hearing, any relevant evidence may be presented by either Party, and the formal rules of evidence applicable to judicial proceedings shall not govern. Evidence may be admitted or excluded in the sole discretion of the arbitrator(s). The arbitrator(s) shall hear and determine the matter and shall execute and acknowledge the award in writing and cause a copy of the writing to be delivered to each of the Parties. (d) Award. If there is only one arbitrator, his or her decision shall be binding and conclusive on the Parties, and if there are three arbitrators, the decision of any two shall be binding and conclusive. The submission of a dispute to the arbitrator(s) and the rendering of a decision by the arbitrator(s) shall be a condition precedent to any right of legal action on the dispute. A judgment confirming the award may be given by any superior court having jurisdiction, or that court may vacate, modify, or correct the award in accordance with the prevailing provision of the California Arbitration Act. (e) New Arbitrators. If three arbitrators are selected, but no two of the three are able to reach a consensus regarding the determination of the dispute, then the matter shall be decided by three new arbitrators who shall be appointed and shall proceed in the same manner, and the process shall be repeated until a decision is agreed on by two of the three arbitrators selected. (f) Costs of Arbitration. The costs of the arbitration shall be borne by the losing Party or shall be borne in such proportions as the arbitrator(s) may determine.
E-Mail Addresses Member clients agree not to post their e-mail address on the site, except in the "e-mail" field of the signup form, or when asked by Artist Armor at any other time. There should be no need for Clients to give anyone their e-mail address.
Copyrights Unless agreed to in writing by all Parties, no copyrighted material may be posted on Artist Armor. This includes scripts which are sold by the author. Only limited sections, or excerpts of these scripts, as examples, will be permitted. A "section" or "excerpt" is defined as no more than 10% of the script's contents. Neither this or any other provision of these Terms and Conditions is intended to limit the protection of the author's intellectual property rights, or the rights of Artist Armor. Artist Armor and its affiliates, subsidiaries and associated entities are protected by United States copyrights, trademarks and international treaties. Any infringements will be vigorously prosecuted.
User Content User is solely responsible for content or any other information User provides to Artist Armor. User understands and agrees to the following: Artist Armor is only acting as a venue for the online distribution and publication of User content. However, no warranties as to the actual distribution or publication of User content are made or implied. Artist Armor has the right (but no obligation) to take any action deemed appropriate with respect to User content if it is believed that such content may create liability for Artist Armor, harm its business operations or reputation, or cause Artist Armor to lose or endanger the services of its suppliers. User represents and warrants that User's content: (a) will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy; (b) will not violate any law or regulation; (c) will not be defamatory or commercially libelous; (d) will not be obscene or contain child pornography; (e) will not include incomplete, false or inaccurate information about User or any other individual; and (f) will not contain any viruses or other computer programming elements that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. By submitting User content to Artist Armor (including, but not limited to creating an account; posting a resume, posting a profile, posting a portfolio, posting a project; sending messages through or to Artist Armor), User hereby grants to Artist Armor a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, display, and perform User content, under all User intellectual property and proprietary rights worldwide, in all present and future media and technology whether known or unknown. Providing links to content hosted on servers other than that of Artist Armor (such as aportfolio of sample works hosted on User's own web site) will not be considered "Submitting" such content for purposes of this license grant.
User Restrictions Users are prohibited from advertising their website on Artist Armor, unless expressly agreed to in writing by the Parties. Any URL posted in a bid, project description, or elsewhere on this Site, must relate to a project on Artist Armor. An example of a permissible URL is User's portfolio or resume page.
General Restrictions Users will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Artist Armor web site or the content contained therein without the prior written permission of Artist Armor. Users will not distribute unsolicited commercial messages ("spam") through User's account. Users will not contact employers or other users through this Site or through information gained from this Site with the intent of subverting the services and resources offered herein. Users will not engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices. Users will not create multiple user accounts to avoid fees, suspension or bad ratings on Artist Armor.
Registration and Processing of Personal Data User's personal information will be processed by Artist Armor in order to fulfill the agreement between and among the contracting Parties.From time to time Artist Armor may process personal information for marketing campaigns, offers or new products and services. Personal information may also be transferred between Artist Armor and any associated entity within the Artist Armor organization. By entering into this Agreement, Client hereby approves of such processing of personal information as set forth above, including processing of User's personal identification number. The consent hereby given can in whole or in part be revoked by giving written notice to Artist Armor. Should User choose to revoke consent, and such revocation prevents or makes difficult contractual performance under the terms of this or any other agreement, Artist Armor reserves the right to immediately terminate any such agreement. Should User require further information regarding the processing of personal information, please contact us at the address set forth below. Artist Armor discloses sensitive personal information only if required to comply with legal obligations, or with Your consent.
Trademarks Artist Armor are pending and submitted trademarks under the authority of the United States Patent and Trademark Office.
LIMITATION OF LIABILITY LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT POSSIBLE UNDER RELEVANT LAWS:Artist Armor EXPRESSLY DISCLAIMS ALL LIABILITIES FOR ANY LOSS, CLAIM, DAMAGE OR PENALTY A USER SUFFERS DIRECTLY OR INDIRECTLY IN CONNECTION WITH THE USE OF THE Artist Armor WEBSITE. Artist Armor MAKES NO GUARANTEE, INDEMNITY OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE Artist Armor WEBSITE.
Applicable Law Any dispute arising out of or in connection with these Terms and Conditions of Use shall be governed by the laws of the State of California and/or the federal laws of the United States of America.User and Artist Armor irrevocably submit to the nonexclusive jurisdiction of the courts of the State of California and of the United States of America. If any of the provisions of these terms and conditions of service are held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. Please contact Artist Armor to report violations of these Terms and Conditions of Use.