SportsCine | Terms and Conditions

This Agreement (the “Agreement”) is a legal Agreement between you (the “User”) and SportsCine, a division of SPORTSBRANDEDMEDIA INC. (“SBM”). By registering and or using the service or services provided by SportsCine, a division of SPORTSBRANDEDMEDIA INC. you agree to the following terms and conditions.

1) GENERAL
This Agreement constitutes the entire understanding and Agreement between you and SBM with respect to the subject matter hereof. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby. SBM shall not be liable for any delay or failure in performance under this Agreement or interruption of service resulting from acts of God, civil or military authority, war, labor disputes, materials provided by third parties, or any cause beyond the reasonable control of SBM. Except as described herein, you may not assign this Agreement without our consent.

2) DISCLAIMER OF WARRANTY
USE OF SBM’S SERVICES, SBM’S WEB SITE, OR ANY CONTENT IS AT YOUR OWN RISK. SBM AND ITS BUSINESS ASSOCIATES PROVIDE SBM SERVICES AND WEBSITE ON AN “AS IS,” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR THAT SBM SERVICES OR WEBSITE IS FREE FROM DEFECTS, MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

SBM makes no warranty that the services will meet User’s requirements, or that the services will be uninterrupted, timely, secure, or error free; nor does SBM make any warranty as to the results that may be obtained from the use of the services or as to the accuracy or reliability of any information obtained through the services or that defects in the services will be corrected.

If and only if the above clause does not apply to you, the maximum liability of SBM to you shall be limited to the subscription paid by you to SBM.

3) LIMITATION OF LIABILITY
IN NO EVENT WILL SBM NOR ITS EMPLOYEES, DISTRIBUTORS, DISTRIBUTEES, SUPPLIERS, BUSINESS ASSOCIATES, ADVERTISERS, DIRECTORS OR AGENTS (COLLECTIVELY “AFFILIATES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INSTALLATION OR THE INABILITY TO USE SBM, INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOST OPPORTUNITY OR OTHER PECUNIARY LOSS, EVEN IF SBM OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, SBM’S ENTIRE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE REVENUE RECEIVED BY SBM (IF ANY) ATTRIBUTABLE TO YOUR USE OF SBM'S SERVICES OR WEBSITE. Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, SBM’s liability shall be limited to the extent permitted by law.

4) TERMINATION.
SBM may terminate this Agreement at any time for any reason, with or without prior notice. SBM shall have no further liability to the User whatsoever. The User may terminate this Agreement at any time by notifying SBM in writing.

Should the User object to any terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with SBM’s services in any way, the User’s only recourse is to immediately discontinue use of the services provided by SBM.

Without restricting SBM’s ability to rely on other remedies that may be available to SBM, SBM will suspend or terminate the User's account at SBM’s absolute discretion if: (i) we suspect that the User is engaging in illegal or fraudulent activity while using SBM’s site; (ii) we suspect the User is breaching any term of this Agreement; (iii) we suspect the User is acting in a manner that is detrimental to the conduct of our business; or (iv) we are required to do so by law.

5) MODIFICATIONS AND DISCONTINUANCE OF THE SERVICES
SBM reserves the right of sole discretion to modify or discontinue the services offered by SBM, or any portion thereof, at any time, with or without notice to the User. SBM shall not be liable to the User or any third party should SBM exercise its right to modify or discontinue the services offered by SBM.

6) ACCESS TO SERVICES PROVIDED BY SBM
Access to the members casting section is only available to authorized Users. The User agrees not to disclose the login details (username and password) to any third party whether within the company that they work for, or to an agent or anyone else.

7) VETTING OF REGISTRATIONS
On completion and submission of the registration form, the User grants SBM the right to investigate and verify that the details supplied by the User are accurate. SBM may use information from third parties to establish the accuracy of the information and to ensure that the User will only access SBM’s services for the purpose of the recruitment of personnel for productions. If access to the services provided by SBM is denied, SBM will not enter into any communication as to why access is denied.

8) PROVISION OF ACCESS
It is at SBM’s sole discretion to provide access to the services provided by SBM. There shall be no obligation of the provision of access to any services provided by SBM, even if the User will only use the services in accordance with the terms and conditions laid out in this Agreement.

9) USERNAME & PASSWORD
Users will choose their own confidential password. The User should keep their details confidential. The User agree to inform SBM at once by electronic mail or telephone if the User believes that the Users account information is being misused by a third party.

10) LOGGING OF ACCESS TO THE DIRECTORS SECTION
SBM reserves the right to log all access to the services provided by SBM by the User and to hold such records for a reasonable length of time.

11) SENDING EMAILS / SMS / TEXT MESSBMGING
SBM reserves the right to vet all emails / SMS / Text Messages and to impede the sending of such, if SBM is of the opinion that the message is offensive, rude, illegal or contrary to the spirit of the provision of the service by SBM to the User.

12) PROMOTION
The User grants SBM the permission to advertise, promote or mention the involvement of the User with SBM. Such usage may include, but is not limited, to advertising on the website, leaflets, posters and other promotional material. SBM may cite the User as being a registered user of the database and may use the User’s logo or the Production title on SBM’s website, or any other place deemed suitable.

13) DATA PROTECTION ACT 1988
The User undertakes to adhere to the relevant clauses of the Data Protection Act 1988 pertinent to the use and storing of information obtained from the services provided by SBM.

The User indemnifies SBM from any third party action or other liability that may arise should the User not comply with the obligations contained within the Data Protection Act 1988 even if non-compliance is caused by actions which were accidental, non intentional or beyond the control of the User.

Should the User be unaware of the obligations contained within the Data Protection Act 1988, the User will acquaint themselves with these obligations prior to agreeing to the terms and conditions of this Agreement.

14) MISUSE / INCORRECT INFORMATION
SBM does not warrant that the information available from any of the services provided by SBM is accurate, complete or current. SBM will have no liability whatsoever in respect of any use which you make of such information.

SBM accepts no responsibility and shall not be liable for any consequences that are alleged to have occurred through your use, or misuse, of our services.

SBM will not be liable for any loss that you may incur as a result of misuse of Usernames or Passwords and SBM accepts no liability resulting from any unauthorized use, whether fraudulent or otherwise.

15) DOWNLOADING INFORMATION
A registered User may download information from the services provided by SBM and record or save onto other medium or may print the information, subject to the following:

The User agrees to treat all data with care;
The User will take all reasonable steps to ensure that the information downloaded will not be accessed by third parties;
The User will destroy all information once the immediate purpose for which the information was downloaded has expired, for example, all information will be destroyed once the production is complete;
The User will destroy all information within six months of obtaining that information from the services provided by SBM.

16) VIRUSES
While we make all reasonable attempts to exclude viruses from the website, we cannot ensure such exclusion and no liability is accepted for viruses. Thus, the User is recommended to take all appropriate safeguards before downloading information or images from this website.

17) USE OF DATA
The User will not sell, hire, license or sub-license any information obtained from the services provided by SBM to third parties.

The User will only use data obtained from the services provided by SBM for the progression of casting and for no other purposes.

The User is strictly prohibited from using the data obtained from the services provided by SBM to recruit subscribers to other agencies or services offering similar services to SBM.

The User is strictly prohibited from using the data obtained from the services provided by SBM for any financial gain to the User with the exception of using the data to progress casting.

18) EXPIRATION OF LOGIN DETAILS
SBM reserves the right to place an expiration date on login details provided to Users. It will be at SBM’s sole discretion to extend login access or to provide new login details.

19) SHARING OF INFORMATION WITH THIRD PARTIES
The User may not disclose or share information obtained from the services provided by SBM to any third parties with the exception of where the third party is employed by the User as an agent with the intent of progressing casting or if prior permission has been granted by SBM to share such information.

The User undertakes to ensure that information which is shared with a third party in accordance with the above, that the third party will undertake to adhere to the terms and conditions in this Agreement.

The User undertakes to be liable for any breach of this Agreement by the aforementioned third party.

20) CHARGES
With the exception of the Text Messaging / SMS function, there is no charge for the services provided by SBM with respect to access to the Members section save access costs or other charges such as telephone call charges which SBM has no financial interest in.

SBM reserves the right to introduce charges for any of the services provided by SBM. Should charges be introduced, the User has the right to terminate this Agreement. The User will be provided with 7 days notice prior to the introduction of such charges. This notice may be served by email or through the post. The method of serving this notice will be at the sole discretion of SBM.

21) USE OF THE TEXT MESSBMGING / SMS FUNCTION
The use of the text messaging / SMS function is optional for all users. Should the User choose to use this option, the User will undertakes to pay the costs associated with the use of this service to the third party providing the facility to send text messages. The User agrees to indemnify SBM for any liability in connection with this service.

22) ADVERTISING
SBM may serve advertisements to the site or work with a third party to serve the advertisements. Advertisements placed on SBM’s site/s may include but are not limited to banner ads, paid SBMs, pop-up windows, buttons, and sponsorships.

The User agrees that SBM has the right to run such advertisements and promotions. The Users correspondence or business dealing with, or participation in promotions of, advertisers found on or through the services offered by SBM, including payment and delivery of related goods or services, and any other representations associated with such dealings, are solely between you and such advertiser. You agree that SBM 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 services provided by SBM.

23) ACT OF GOD
SBM are not liable for any loss or damage that you may suffer because of any act of God; power failure; trade or labor dispute; act, failure or omission of any government or authority; obstruction or failure of telecommunication services or networks; or any other delay or failure caused by a third party. In such an event, SBM reserves the right to cancel or suspend our services without incurring any liability. SBM are not liable for the failure of any equipment or software, wherever located or administered, or whether under our direct control or not, that may prevent the operation of our services or prevent you from being able to contact us.

24) INTELLECTUAL PROPERTY
SBM is the owner or authorized user or licensee of all the intellectual property rights in the SBM website and its content including, without limitation, any copyright, patent, registered design, trade marks, service marks, source codes, specifications, templates, graphics, logos or any right subsisting anywhere in respect of content, databases, formats, interfaces, programming, the offering of services to other customers, software or any application for any of the foregoing and any modification, improvements, developments and enhancements thereof. Except as expressly provided herein, SBM does not grant any express or implied right to you in any intellectual property rights or secret information held on our servers.

25) LINKS TO THIRD PARTIES
The SBM site may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by SBM of the contents on such third party web sites. SBM is not responsible for the content of SBM third party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access SBM third-party web sites, you do so at your own risk.

26) NO AGENCY / PARTNERSHIP
SBM and the User acknowledge that no partnership has been created by the arrangements set up by SBM in respect of the Database and that SBM may assign the benefits of and obligations under this Agreement to a third party.

27) ASSIGNMENT
No right may be assigned, and no duty may be delegated, by the User under this Agreement except upon the written consent of SBM and any attempted assignment and delegation without such consent shall be void and without effect. SBM shall be entitled to assign this Agreement. This Agreement shall be binding upon and shall ensure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.

28) NOTICE
All notices to a party shall be in writing and shall be made either via online announcements, e-mail, or conventional mail. The medium to communicate all notices will be at SBM’s discretion. SBM may broadcast notices or messages through the website, and such broadcasts shall constitute notice to User.

29) AMENDMENTS TO TERMS & CONDITIONS
SBM reserves the right to amend these Terms and Conditions at any time and at its sole discretion and without notice to you. Any such revision will be binding and effective immediately on posting of notification of such changes on the web site.

30) GOVERNANCE
These standard terms and conditions shall be governed and construed in accordance with the laws of the Republic of Ireland. These terms & conditions supersede all previous revisions.

If any provision(s) of this Agreement is/are held by a court of competent jurisdiction to be contrary to law, or otherwise invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

31) SEVERABILITY
SBM retains the right, at its sole discretion, to determine whether or not the User’s conduct is consistent with the letter and spirit of the Terms and Conditions of registration and may terminate the Services if SBM determines in its sole discretion that the User’s conduct is inconsistent with the Terms and Conditions of registration.

32) MISCELLANEOUS
The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significances.

IF YOU DO NOT AGREE WITH SUCH TERMS AND CONDITIONS, DO NOT REGISTER TO THE SERVICE
OR SERVICES PROVIDED BY SportsCine, a division of SPORTSBRANDEDMEDIA INC.