LATITUDE TALENT STUDIOS – TERMS OF SERVICE
Welcome to Latitude Talent Studios (“LatitudeTalent.com”). These are the terms and conditions that constitute the official Terms of Service (“Terms of Service”) between you (“you”, “your” and “yours”) and Latitude East, LLC d/b/a Latitude Talent Studios (“we”, “our” or “us” "LatitudeTalent.com") that apply to your use of our Website and services. We will use the term “Website” or “Websites” to mean and include the primary Latitude Talent Studios website on the World Wide Web at www.LatitudeTalent.com
The words "use" or "using" means any time you, or any other individual, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Website or the Services, transmit, receive or exchange data or communicate with the Website or the Services, or in any way utilizes, benefits, takes advantage of or interacts with any function or feature of the Website or the Services, for any purpose whatsoever. Anyone using our Website or Services, including you, may also be referred to as a “user.”
Latitude is not a talent agency, employer or a talent scout; the site is only a venue. Latitude does not promise or facilitate employment. The number of casting calls available varies by location, roles available and the level of experience required. As with any business, results may vary, and will be based on individual capacity, experience, expertise, and level of desire. There are no guarantees concerning the level of income the user may experience.
Latitude Talent Studios policy regarding usage of the site for minors under 13 (0-12 years old)
Submissions from children under 13 years old must be created ONLY by a parent or guardian. We will not accept any transaction from anyone other than the parent or guardian.
Parents/guardian can review their child's personal information, direct us to delete it, and refuse to allow any further collection or use of the child's information.
1. DESCRIPTION OF SERVICES
Latitude Talent Studios provides a paid online services including, but not limited to, home pages and digital composite cards, but not limited to, the Website. These Services are limited to paying members only. Your photos, likenesses or characterizations, or other materials showcasing you may (but we shall be under no obligation to do so nor shall any of the payments hereunder be in consideration of any such submission(s)) be submitted to any of the many industry professionals worldwide (hereinafter “Professional Members”), if your information fits the criteria they have requested. Typical enrollment cost start at $US495, with a reoccurring monthly subscription that may be deactivated at any time. Any photography related services may be provided complimentary to new talent.
Latitude Talent Studios is not a Talent or Employment Agency and Latitude Talent Studios does not represent you as an agent, manager or otherwise. Members are not charged any commission or fee related to any requests from Professional Members through LatitudeTalent.com.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING ANY LIKELIHOOD OF PROFESSIONAL REQUESTS RESULTING FROM THE SERVICES PROVIDED HEREUNDER. YOU ACKNOWLEDGE AND AGREE THAT THE LIKELIHOOD OF BEING CONTACTED ON ACCOUNT OF YOUR ONLINE COMPOSITE CARD IS LIMITED IN LIGHT OF THE HIGHLY COMPETITIVE NATURE OF THE ENTERTAINMENT INDUSTRY. YOU ARE RESPONSIBLE FOR THE APPLICABLE MEMBERSHIP FEE REGARDLESS OF WHETHER OR NOT YOU ARE CONTACTED BY A PROFESSIONAL MEMBER AND UNDERSTAND AND AGREE ALL PAYMENTS AND SERVICES ARE FINAL AND NON-REFUNDABLE.
Latitude Talent Studios WILL NOT (1) PROCURE OR OBTAIN, OR OFFER, PROMISE OR ATTEMPT TO PROCURE, OBTAIN, OR ASSIST IN PROCURING OR OBTAINING, EMPLOYMENT FOR YOU, (2) MAKE YOU AVAILABLE TO EMPLOYERS SEEKING EMPLOYEES ON A PART-TIME OR TEMPORARY ASSIGNMENT BASIS, (3) PROCURE, OBTAIN, OFFER, PROMISE, OR ATTEMPT TO PROCURE OR OBTAIN, EMPLOYMENT OR ENGAGEMENTS FOR YOU AS AN ACTOR, ACTRESS, PERFORMING ARTIST, VOCALIST, MUSICIAN OR MODEL, OR (4) ACT AS A PLACEMENT FIRM, CAREER COUNSELING SERVICE, OR RESUME SERVICE.
Latitude Talent Studios WILL NOT ADVERTISE TO YOU IN ANY MANNER THE FOLLOWING SERVICES FOR A FEE: CAREER COUNSELING; VOCATIONAL GUIDANCE; APTITUDE, ACHIEVEMENT OR VOCATIONAL TESTING; EXECUTIVE CONSULTING; PERSONNEL CONSULTING; CAREER MANAGEMENT, EVALUATION, OR PLANNING; THE DEVELOPMENT OF RESUMES AND OTHER PROMOTIONAL MATERIALS RELATING TO THE PREPARATION FOR EMPLOYMENT; OR REFERRAL SERVICES RELATING TO EMPLOYMENT OR EMPLOYMENT QUALIFICATIONS.
2. PROPRIETARY RIGHTS; CONTENT AND SUBMISSIONS
(B) You are solely responsible for any materials you submit to us or through our Website including, without limitation, tear sheets, home pages, images, online composite cards, head shots, portfolios, MP3 playback voice recordings, videos, video files and bulletin boards, may provide members with an opportunity to create a profile, transmit, submit, and/or exchange Personal Information, images, photographs, recordings, messages, chat, ideas, opinions or other information, transmissions or material ("Submissions") to us, other users (including Subscribers) and sometimes, other third parties. You acknowledge and agree that Submissions are the sole responsibility of the person from which such Submissions originated and to be specific, you, (not us or any other party) are entirely responsible for the consequences of your Submissions. Submissions do not reflect our views and we have no obligation to monitor, endorse, edit or screen any Submissions, although we reserve the right to do so. Even if we do, we have no obligation to continue to do so or do so continuously and we may do so randomly, sporadically, continuously or not at all and in some or no portions of our Website or Services. In no event shall we have or be construed to have any responsibility or liability for or in connection with any Submission whatsoever, even Submissions in violation of this Agreement. If we determine that any Submission does or may violate any of the terms or conditions that apply to you or any law or regulation, we reserve the right, at any time and without limiting any and all other rights we may have, to: (a) refuse to allow you to submit Submissions; (b) remove and delete your Submissions; (c) revoke your registration, status as a member and your right to use the Website or Services; and/or (d) use any technical, legal, operational or other means to enforce your compliance, including, without limitation, blocking specific IP addresses or deactivating your registration, your status as a member and/or your use of our Website or Services. We assume no responsibility for deletion of Submissions or any failure to store, receive or deliver Submissions in a timely manner or any other matter relating to Submissions.
(c) If a Submission originates from your member ID, you agree: (a) you are placing the Submission in the public domain without reservation of any rights or further control over the Submission or its use and you specifically authorize us, at our option, to use such Submission in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, discovered or developed, whether alone or together, in combination or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant (i) the Submission is original to you or fully cleared for use as described above, (ii) the Submission does and will not, in any way, violate or breach any of the terms or conditions that apply to you or any other agreement you may be bound by, (iii) the Submission does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right of any other party or contain any matter the publication or sale of which will violate any federal, state or local statute, regulation, ordinance or court order, (iv) the Submission is not obscene or in any other manner unlawful, (v) the Submission shall not be injurious to the health of any person, including any user or member, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of any Submission; (c) if your Submission incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant you have the right to place such Submission in the public domain and grant us the right to use such Submission as described above; and (d) we have the right to delete, re-format and change your Submission in any manner we determine. If you believe any Submission on the Website or any Services violates any of the terms of the Agreement, please notify us about it at info@LatitudeTalent.com. We cannot guarantee we will respond to your notice and we reserve the right to take or refrain from taking any or all steps available to us once we receive any notice.
(D) You hereby expressly authorize Latitude Talent Studios to use your Submissions including, without limitation, your photographs, images, audio and video recordings and tear sheets, for LatitudeTalent.com’s advertising and/or for publicity purposes in all media now known or hereafter developed, with no compensation, royalty, acknowledgment or credit, in any form, due to you.
4. MEMBER CONDUCT
Your use of our Website and Services is subject to all applicable local, provincial, state, national and international laws and regulations and international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your email address, account or user ID. The following is a non-exclusive list of prohibited uses and content:
(a) any use of copyrighted, trademarked, patented, or other material protected by the intellectual property rights of a third party without the express permission of the author or owner, the commission of any acts of copyright, trademark or any other intellectual property infringement, or contributing to, inducing, or facilitating such infringement; this prohibition includes all forms of software piracy;
(b) any and all Professional Members utilizing this service are prohibited from using, copying, recording and contacting any Model/Actor/Talent, composite cards, profiles, headshots, video recordings, MP3 Recordings, or any other material posted and protected by the rights of a third party without the prior written consent of said third party;
(c) uploading, posting or otherwise transmitting any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, sexually explicit, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable; or which may or may appear to impersonate anyone else. This also includes content that promotes illegal activity in any way. Despite this prohibition, information provided by Professional Members or other LatitudeTalent.com members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and LatitudeTalent.com assumes no responsibility or liability for this material. If you become aware of misuse of the LatitudeTalent.com services by any person, please contact LatitudeTalent.com. LatitudeTalent.com reserves the right to report violations of this provision to, and will cooperate with, law enforcement authorities;
(d) violating any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise;
(e) the manipulation of identifiers in any way in order to disguise the origin of any content transmitted through LatitudeTalent.com’s Services or develops restricted or password-only access pages, or hidden pages or images, including, without limitation, forging any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
(f) the uploading, posting or transmission of any malicious code, such as viruses, time bombs, cancel bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
(g) the collection, storage, compilation, gathering, transmission, reproduction, deletion, revision, viewing or displaying of any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of our Website or Services unless you have obtained the express, prior permission of such other person, firm or enterprise to do so;
(h) impersonating any person or entity, including, but not limited to, a LatitudeTalent.com official, forum leader, guide or host, or misrepresentation of your affiliation with a person or entity;
(i) uploading, posting or otherwise transmitting any content that you do not have the right to transmit under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(j) uploading, posting or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail", "SPAM", "chain letters", pyramid schemes", or any other form of solicitation;
(k) disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users of the service are able to type, or otherwise acting in a manner that negatively affects other users' ability to engage in real time exchanges;
(l) using your web page (or directory) as storage for remote loading or as a door or signpost to another web page, whether inside or beyond LatitudeTalent.com and its affiliates;
(m) having multiple LatitudeTalent.com online composite cards with different names or inaccurate or inconsistent information; posting any incomplete, false or inaccurate portfolio information or information which is not your own accurate portfolio;
(n) using the LatitudeTalent.com forums, email or any other means, except if explicitly authorized in writing by LatitudeTalent.com, to contact LatitudeTalent.com members for talent placement services, model scouting or booking or any other form of recruitment, agent services or job placement offer; offering any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents;
(o) taking any action, which imposes an unreasonable or disproportionately large load on the Website's infrastructure;
(p) if you have a password allowing access to a non-public area of the Website, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;
(q) notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available from LatitudeTalent.com on this Website and other than generally available third party web browsers (e.g., Microsoft Explorer);
(r) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website; or
(s) reproducing, duplicating, copying, selling, renting, reselling or otherwise exploiting any portion of the Website or Services, use of the Website or Services or access to the Website or Services.
7. NO GUARANTEE OF SERVICE
Latitude Talent Studios provides its services on a commercially reasonable basis and does not guarantee that users and/or users will be able to access or use the services at times or locations of their choosing. Specifically LatitudeTalent.com reserves the right at any time to modify or discontinue temporarily the service (or any part of the service) with or without notice. You agree that LatitudeTalent.com should not be liable to you or to any third party for any modification; suspension or discontinuance of the service and no refund shall be given in any event.
8. ADVERTISEMENTS AND PROMOTIONS
(a) Latitude Talent Studios runs advertisements and promotions on LatitudeTalent.com sites, including, but not limited to, social media. By creating your LatitudeTalent.com site, you agree that LatitudeTalent.com has the right to run such advertisements and promotions in a manner and with such frequency that is subject to change. Your dealings with the advertisers and their promotions found on or through the service, including payment and delivery of related goods or services are solely between you and the advertiser. You agree that LatitudeTalent.com should 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.
9. THIRD PARTIES; LINKS
LATITUDE TALENT STUDIOS IS NOT RESPONSIBLE FOR ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY OTHER PERSON, INCLUDING, BUT NOT LIMITED TO, PROFESSIONAL MEMBERS OR AFFILIATES OF LATITUDE TALENT STUDIOS .
10. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
OUR WEBSITE AND SERVICES ARE MADE AVAILABLE "AS IS" AND "AS AVAILABLE", WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE WEBSITE OR SERVICES WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WE ARE ALSO NOT LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF OUR WEBSITE OR SERVICES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF OUR WEBSITE AND/OR SERVICES.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE NOR OUR PARENT, SUBSIDIARIES, AFFILIATES, SUCCESSORS, MEMBERS, OR ASSIGNS NOR OUR OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ADVERTISERS, SPONSORS, BUSINESS OR PROMOTIONAL PARTNERS, OPERATIONAL SERVICE PROVIDERS OR SUPPLIERS, SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER AND IF APPLICABLE, YOUR REGISTRATION, YOUR ACCOUNT, MEMBERSHIP, ANY PROMOTIONS, PRODUCTS OR OTHER FEATURES, FUNCTIONS, TRANSACTIONS OR ACTIVITIES ASSOCIATED WITH OR ARISING FROM OR THROUGH OUR WEBSITE OR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, THE LEGAL THEORY OR THE BASIS OF THE CLAIM AND WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS ON REMEDIES, DAMAGES AND LIABILITY AVAILABLE AT LAW AND IN EQUITY. IN SUCH SITUATION, HOWEVER, IN NO EVENT SHALL OUR LIABILITY TO YOU FOR DAMAGES OR OTHERWISE EXCEED ONE HUNDRED DOLLARS (US$100), NOTWITHSTANDING ANY CLAIM THAT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Our Website has a finite, and therefore limited, capacity and so some downloads, messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become inoperable. You acknowledge and agree we assume no liability, responsibility or obligation to transmit, process, store, receive or deliver downloads, transactions, messages, transmissions, postings or any of your information or communications or for any failure or delay. Do not rely on the timeliness or performance of our Website for any transactions, transmissions, messages, information or other communications.
LATITUDE TALENT STUDIOS MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, OR ACCESSIBILITY OF THE MEMBER PAGES OR THE ASSOCIATED STORAGE FACILITIES. LatitudeTalent.com IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES; INDIVIDUAL MEMBERS ARE RESPONSIBLE FOR MONITORING AND CREATING BACKUPS OF THEIR PAGES.
12. TERM, TERMINATION AND CANCELLATION
These Terms of Service constitutes the entire agreement between you and Latitude East, LLC d/b/a Latitude Talent Studios with respect to the subject matter hereof and governs your use of the service, superseding any prior agreements between you and LatitudeTalent.com (including, but not limited to any prior versions of the Terms of Service). You may also be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. The Terms of Service and the relationship between you and Latitude East, LLC d/b/a Latitude Talent Studios shall be governed by the laws of the State of New York without regard to its conflict of law provisions.