Conditions of Use
www.mystagepro.com
Hereby also known as “mystagepro LLP”
/>Effective Date: 01 – August - 2009
Introduction
Welcome to mystagepro.
www.mystagepro.com is a professional networking, employment information, career profiling and Entertainment Industry information portal.
We specialise in providing professional marketing, video and multi-media assets, CV and messaging service and professional and social networking for the international entertainment community and professional entertainment industry in all of its manifestations.
We cover all aspects of professional interests across related entertainment industries and disciplines.
We provide the facilities for mystagepro Profile and Commercial Partner Members to communicate, interact with, avail themselves of information, audition news and latest trends important to the entire world of international entertainers working in the entertainment industry.
We offer professional consultative services, access to information about employment opportunities and technical aspects about employment opportunities, career management and personal and professional career and life-management tools.
mystagepro does not offer employment, take Agency fees, have any direct links or associations with or represent Employers, Agencies or Production Companies in any form or circumstances.
We provide online community facilities through which mystagepro Members can stay in touch with other members and meet and communicate with other performers and professional entertainers throughout the world online, 24 hours a day, 365 days a year.
By using mystagepro you accept and agree to be bound by the following terms and conditions (Conditions of Use).
Where applicable under law, these Conditions of Use as agreed by YOU the mystagepro member, will constitute a contract, the terms of which you have agreed to, by ticking the Agreement Box IN THE SIGN-UP PROCESS
Changes to mystagepro and its Conditions of Use.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Conditions of Use at any time without PRIOR notice.
If we do this, we will post changes in the mystagepro Conditions of Use on this page and will indicate at the top of this page, the date from which the changes in the mystagepro Conditions of Use become effective.
Your continued use of the mystagepro site after any such changes constitutes your acceptance of the new Conditions of Use.
In any case, your continued use of the mystagepro site after one month following changes or adaptations to the contents of the Conditions of Use shall automatically render you in agreement with said conditions and UNDER THIS SET OF CONDITIONS OF USE, bound by them.
As the mystagepro Member you are entirely responsible to review our Conditions of Use on a regular basis, so that you are aware of any changes to our mystagepro Conditions of Use
Eligibility and Registration
You must be 16 years or older to use mystagepro .
By registering with mystagepro, “mystagepro”, you guarantee that you are 16 years or older and that you are in a legal position to comply with any and all of the mystagepro Conditions of Use.
Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 16 years of age.
mystagepro requires that to become a “mystagepro Member” you must complete the registration process in full as required and set out in all fields of the online registration process.
You will have to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure.
Your password and username are subject to scutiny and you must agree not to attempt to use a username which impersonates someone else, or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by mystagepro at it’s sole discretion.
It is important that you select the appropriate profile and do not attempt to provide false information in order to avail yourself of an inappropriate levels of, or type of mystagepro Profile.
This is so that the the various users of mystagepro can have the most effective and relevant user experience.
Term and Termination
a) This Agreement shall remain in full force and effect while you use the mystagepro Services as a Member.
b) You may terminate your Membership at any time, for any reason, by sending an e mail to
accounts@mystagepro.com
mystagepro may terminate your Membership at any time, without warning.
Even after Membership is terminated, this Agreement will remain in effect, particularly in the areas of copyright infringement and use of proprietary information, Profile names and other member services at mystagepro, to which you may continue to have access.
Fees, fee changes and periods of notice of fee changes
mystagepro reserves the right to alter, to depart from or to cease offering some, any, or all of it’s services free of charge at any time.
mystagepro also reserves the right to decide to levy a fee for services which hithertofore had been free of charge.
mystagepro will inform Members by email if a service which is currently free, is to be offered in the future fo a fee.
As a mystagepro Member, you can decide if you want to continue to use the mystagepro Services. Your continued use of the service after any proposed fee modifications have been posted for at least one month will be considered acceptance of the proposed fee modification.
The same applies if fees or service fees are raised by mystagepro at any point, subject to the same periods of notice, from time to time.
Should your mystagepro Membership be terminated because you have breached the mystagepro Conditions of Use agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
If you choose to terminate your membership, mystagepro will charge you at the premium rate for any months or part of that you use, and reimburse the remaining balance.
Example:IF YOU HAVE a six month (180day) discounted membership.
If you cancel your membership in month three, mystagepro will charge you the full rate for MONTHS 1,2 & 3 INCLUSIVELY and pay you the sum of the remainder of the balance of your intial subscription payment.
Your profile is active for as long as you are up to date with the Pay As You Go subscription.
Your subscription lapse date is constantly displayed and updated automatically on your Admin page.
Your Profile Content
Anytime up to 6 months (180days) after your last subscription payment has lapsed you can renew your Profile membership and caccess your profile and interact with mystagepro as usual
5 months and 28 days after your last subscription payment lapsed we will archive the messages in your Messages Sent and Received folders.
6 months and 1 day after your last subscription payment lapsed we will send your Message Archive as a TEXT FILE to the last e mail address you provided us currently registered on our system.
Following this we will return your Profile name to the available names list.
Commercial considerations
mystagepro may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by mystagepro.
Illegal and/or unauthorized use of the mystagepro Services, including collecting contact information:
e.g. email addresses, capturing usernames by electronic or other means for the purpose of sending spam or unauthorized framing of or linking to the mystagepro site, is strictly prohibited under the Conditions of Use.
PLEASE NOTE:
Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges and even termination of Membership.
Appropriate legal action will be taken for any illegal or unauthorized use of the mystagepro services to upsell unauthorised 3rd Party content or advertising material of any kind.
Legal Rights, Explanations and Considerations concerning the Posting and Hosting of CONTENT on the mystagepro.com site
mystagepro does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Profile Content") that you post to the mystagepro.com site.
Once you have posted your Content, whether it is profile information, professional and commercial information, photographic and/or video to the mystagepro site in any way and in any part of the site, you continue to retain all ownership rights of such, as long as they belong to you or you have authorisation to use them. All other intellectual property is regarded as non-transferrable and belonging to the respective owners
Content.
You are allowed to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through mystagepro, you hereby permit mystagepro to use, modify, publically perform, publically display, reproduce, and distribute such Content on and through the mystagepro site.
This permission shall be called the Profiler License.
The Profiler License you grant mystagepro is non-exclusive (meaning you are free to license your Content to anyone else in addition to mystagepro), fully-paid and royalty-free.
This means that mystagepro has absolutely no requirement whether implicit or explicit to remunerate or pay you for the use on the mystagepro site of the Content that you post.
mystagepro being an online facility is accessible throughout the online world and as such uses and is likely to avail itself of the services and facilities of affiliates and subcontractors such as Internet content delivery networks to provide the mystagepro internet services.
All and every Content posted by YOU at mystagepro is therefore automatically sub-licensed to the affiliates and subcontractors used or involved in providing directly or indirectly any and all internet services through which mystagepro operates, throughout the world, irrespective of territory.
This Profiler License will terminate at the time you remove your Content from the mystagepro site or your subscription lapses for more than 180 days.
The Profiler License does not grant mystagepro the right to sell your Content, nor does this license grant mystagepro the right to distribute your Content outside of the mystagepro services remit.
You represent and warrant that:
(A) you own the Content posted by you on or through mystagepro or otherwise have the right to grant the license set out in the above, and
(B) that the posting of your Content on or through the mystagepro site does not violate the privacy rights, publicity rights, intellectual property rights (including copyrights), contract rights or any other rights of any person, entity, company or third-party.
(C) You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the mystagepro site.
(D) You indemnify mystagepro and any and all of its associates, third party affiliates, agents and/or representatives from any responsibility of any kind whatsoever, in any territory anywhere in the world, from responsibility for ascertaining, securing or remunerating any royalties, rights payments, intellectual property rights or liens of any description for any of the Content you publish anywhere on the mystagepro site under any and all circumstances.
mystagepro does not endorse and has no control over the Content.
Content is not necessarily reviewed by mystagepro prior to posting and does not necessarily reflect the opinions or policies of mystagepro.
mystagepro makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members or post to the mystagepro site.
mystagepro may delete any Content that in the sole judgment of mystagepro violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person.
mystagepro assumes no responsibility for monitoring the mystagepro site for inappropriate Content or conduct.
If at any time mystagepro chooses, in its sole discretion, to monitor the mystagepro site, mystagepro nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
Acceptable use of “mystagepro”
This agreement includes mystagepro’s policy for acceptable use of the services of mystagepro and the content posted on the mystagepro site.
Your rights and respective restrictions regarding any and all use of the mystagepro services and the mystagepro Privacy Policy.
In order to participate in certain mystagepro Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions.
Unless otherwise provided by the additional terms and conditions applicable to the mystagepro Services in which you choose to participate, those additional terms are enshrined within these Conditions of Use.
You may receive a copy of this agreement by emailing us at: privacy@mystagepro.com
Please place in the Subject line: Conditions of Use Agreement
As a combined personal marketing, professional information and commercial marketing resource, mystagepro provides its various services, both current and due to come online in the future, in all good faith.
mystagepro members agree through these Conditions of Use, to conduct themselves in the spirit and intention of the services, respect and obey the various considerations, facilities and restrictions on the mystagepro site.
Profile and Non-Profile Member behaviours shall be subject to scrutiny and moderation by mystagepro at all times.
You further represent and warrant that you are solely responsible for the Content that you post on or through any of the mystagepro site and any material or information that you transmit to other Profilers and Non-Profiler Members.
Excluded and/or prohibited Content and Site activity by mystagepro Members
Herewith is a list of some but not necessarily all of the kinds of Content and Activty that is illegal or prohibited to post or engage in, on or through the mystagepro site.
mystagepro reserves the right to investigate and take appropriate legal action at our discretion against anyone who, in mystagepro‘s sole opinion, violates this provision, including without limitation, removing the offending communication from the mystagepro site and terminating the Membership of such violators.
Prohibited Content includes anything, (but is not limited to) that, in the sole discretion of mystagepro:
1 -is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2 - harasses or advocates harassment of another person;
3 - exploits people in a sexual or violent manner;
4 - Contains pornography, violence, or offensive subject matter or contains a link to a pornographic website;
5 - Solicits personal information from anyone under 18;
6 - provides any telephone numbers, street addresses, last names, URLs or email addresses, unless in the approved manner and within the elements of the mystagepro site in which it is both permitted and appropriate so to do such as online advertising displays, and Commercial and Auditions & Jobs pages or Dance Company or International Dance Centre information pages;
7 - promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or containing libel;
8 - promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music, video, photographs, writings or any other communicable media or links to the same;
9 - involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, spimming, or spamming;
10 - contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page within and exclusive to the mystagepro site);
11 - furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, distributing of controlled or illegal substances of any description, violating someone's privacy, Acts of terrorism, Civil Unrest or providing or creating computer viruses;
12 - solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13 - involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14 - includes a photograph of another person that you have posted without that person's consent; or
15 - for Company, Commercial Profiler or Filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the mystagepro site and through your use of the mystagepro site.
mystagepro reserves the right to investigate and take appropriate legal action against anyone who, in mystagepro’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
Prohibited activity includes, but is not limited to:
criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any Member to buy or sell any products or services through the mystagepro site.
Limits to Internal messaging traffic
You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the mystagepro site in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
In order to protect our Members from such advertising or solicitation, mystagepro reserves the right to restrict the number of emails AND/OR internal messaging communications which a Member may send to other Members in any 24-hour period to a number which mystagepro deems appropriate in its sole discretion.
Liability for damages payments to mystagepro
If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the mystagepro site, you acknowledge that you will have caused substantial harm to mystagepro, but that the amount of such harm would be extremely difficult to ascertain.
As a reasonable estimation of such harm, you agree to pay mystagepro EUROS 1000 PLUS legal expenses & costs to collect this for each such unsolicited email, advertisement, junk emails or chain letters or other unsolicited communication you send, acting culpably, through the mystagepro site, regardless of the number of recipients of such email. mystagepro is entitled to additional compensation of damages beyond EUROS 1000.
You have the right to prove that mystagepro site damages are below EUROS 1000, but you must do so in court at your own expense.
Interference with the proprietary engineering of the mystagepro site
You are not permitted to cover or obscure the banner advertisements on your personal profile page, or any mystagepro page via HTML/CSS/SCRIPTING LANGUAGES of any kind or any other means;
You are prohited from utilising any part of the profile system or any other part of the mystagepro site to implement any Scripting or Tag Lanaguages in any way at all. Such violation will terminate your Membership immediately on discovery.
You are not permitted automated use of the system, such as using scripts to add friends or send comments or messages;
Other damaging behaviour for which redress will be sued
You are not permitted to disrupt, or create an undue burden on the mystagepro site or the networks or services connected to the mystagepro site;
You are not permitted to attempt to impersonate another Member or person;
You are not permitted to copy the code for any mystagepro player or rich-content delivery mechanism;
You are not permitted to embed the mystagepro player or rich-content delivery mechanism into other profiles or ask or solicit in any way, other Members to embed the mystagepro player or rich-content delivery mechanism into their profiles, in any way that is not already built, designed and constructed by the mystagepro engineering processes;
Ancillary restrictions
You are not permitted to use the account, username, or password of another Member at any time or disclose your password to any third party or permit any third party to access your account;
You may not sell or otherwise transfer your profile;
You may not use any information obtained from the mystagepro site in order to harass, abuse, or harm another person or utilise any content whatsoever, wherever found and however presented on the site, in any way other than the purposes for which mystagepro expresses herein as its BUSINESS FUNCTION.
Non-Commercial Profile advertising
You may not display an advertisement on your profile, or accept payment or anything of value from a third person in exchange for your performing any commercial activity on or through the mystagepro site on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your Favourites or Friends or Top Profiles or any other designation chosen or designed as a means of describing your own profile and its immediate network on the mystagepro site, or send private messages with a commercial purpose EXCEPT within the designated profile and commercial services areas of the site and ONLY within the permitted and clearly stated criteria within which you are permitted to do so;
You may not use the mystagepro site or any of its ancillary services, agents, third-party suppliers, affiliates or sub-contractors in a manner inconsistent with any and all applicable laws and regulations.
mystagepro Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.
It is the policy of mystagepro to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to mystagepro through the Abuse button facilities provided by the site or by the copyright owner or the copyright owner's legal agent.
Without limiting the foregoing, if you believe that your work has been copied and posted on the mystagepro site in a way that constitutes copyright infringement, please provide IN WRITING our Copyright Agent with the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) (ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the mystagepro site;
(iv) your address, telephone number, and email address;
(v) a written statement by you that you in good faith, believe that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright infringement notification address
mystagepro’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Copyright Infringement, mystagepro LLP
The Glade Entrance
113 CONINGHAM ROAD
LONDON W12 8BU
Attn: Copyright Agent; and email: copyrights@mystagepro.com
Member Disputes
You are solely responsible for your interactions with other mystagepro Members.
mystagepro reserves the right, but has no obligation, to monitor disputes between you and other Members.
Privacy
Use of the mystagepro site is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Liability Disclaimer
mystagepro will not be responsible for any incorrect or inaccurate Content posted on the mystagepro site or in connection with the mystagepro site , whether caused by Users of the mystagepro or by any of the equipment or programming associated with or utilized in the mystagepro site.
Profiles created and posted by Members on the mystagepro site may contain links to other websites.
mystagepro is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by mystagepro.
Inclusion of any linked website on the mystagepro site does not imply approval or endorsement of the linked website by mystagepro.
When you access these third-party sites, you do so at your own risk.
mystagepro takes no responsibility for third party advertisements which are posted on the mystagepro site or through mystagepro nor does it take any responsibility for the goods or services provided by its advertisers and Commercial and Professional Profilers.
mystagepro is not responsible for the conduct, whether online or offline, of any User, Commercial Marketing service or Advertiser on the mystagepro site
mystagepro service interruptions disclaimer
mystagepro assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User, Profiler or Non-Profiler Member communication.
mystagepro is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the mystagepro site or services or combination thereof.
The mystagepro site and all of its services are provided "AS-IS" and as available.
mystagepro does not, cannot and will not guarantee a timely, secure, error- and interruption-free provision of the mystagepro site.
mystagepro expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
mystagepro cannot guarantee and does not promise any specific results from use of mystagepro site. This lack of guarantee does not affect your right of withdrawal.
Disputes
If there is any dispute about or involving the mystagepro site, your usage or subscription to its services whether paid or free, you agree that the dispute shall be governed by the laws of the United Kingdom.
Indemnity
By agreeing to these CONDITIONS OF USE, You agree to indemnify and hold mystagepro, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable lawyers and other fees, made by any third party due to or arising out of your use of the mystagepro site in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on mystagepro or through the mystagepro site causes mystagepro to be liable to another, provided that this was caused by culpable conduct.
Miscelleneous
This Agreement is accepted upon your use of the mystagepro site or any of the mystagepro site services, facilities and provisions and is further affirmed by you becoming a Member.
This Agreement constitutes the entire agreement between you and mystagepro regarding the use of the mystagepro site and its services.
The failure of mystagepro to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
mystagepro is a wholly owned subsidiary of mystagepro LLP.
Rights under UK Law
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us with any questions regarding this Agreement at
info@mystagepro.com
