Stagelighter LLC Terms of Use



1. General.
Stagelighter and its affiliates ("Stagelighter", "we" or "us") have created and maintain this website for your benefit, information, education and communication. By accessing and/or using this website, you accept, without limitation or qualification, these terms and conditions of use. We reserve the right to change the terms and conditions from time to time at our sole discretion without notice. Such changes will be effective immediately upon posting to the website. In the event of any violation of these terms and conditions, we and our business partners reserve the right to seek all remedies available by law and in equity for such violations. These terms and conditions of use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications. Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. Stagelighter reserves all legal rights and remedies available to it and these terms and conditions shall in no way be deemed a limitation or waiver of any other rights Stagelighter may have. Specific areas or pages of this website may include additional or different terms relating to the use of this website. In the event of a conflict between such terms and these terms of use such specific terms shall control. Unless otherwise indicated, all material on this site © 2012 Stagelighter LLC.


2. Services
Users of Stagelighter shall be able to upload a profile (or “Package”) consisting of a headshot, resume, a short introduction video and a video of the user performing a song or monologue. Users may then pick a coach to review the Package and give feedback on the performance and other attributes.  The coaches’ fees are listed on their profile pages on Stagelighter’s site.  Ordinarily, coaches provide their feedback within 2 weeks, and if a coach does not provide his or her review within 30 days, the user may request a refund.


3. Intellectual Property.
By uploading content to your Package on Stagelighter (including photographs, audio and visual recordings, and any other forms of intellectual property that may be incorporated into your use of Stagelighter (“User IP”), you are a) providing a non-revocable license to Stagelighter to use the User IP for any and all purposes, which includes the providing of Stagelighter’s services to you, b) promising that you will not post content or take any action on Stagelighter that infringes or violates others’ intellectual property rights or otherwise violates the law.
 
The materials contained in this website are copyrighted and may not be reproduced in any form, or by any means, without the express written permission of Stagelighter, except as expressly provided in these terms and conditions or in the text on the website.  You may not reproduce, republish, display, perform, distribute, modify, transmit, reuse, re-post, or use the content of this website for public or commercial purposes, including, without limitation, the text, images, audio and video, without the express written permission of Stagelighter. Stagelighter neither warrants nor represents that your use of materials displayed on the website will not infringe rights of third parties not owned by or affiliated with Stagelighter. Images of people or places displayed on the website are either the property of, or used with permission by, Stagelighter.  The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms and conditions or specific permission provided elsewhere on the website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the website are registered and unregistered Trademarks of Stagelighter and other third parties that have authorized the use of such Trademarks on the website. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of Stagelighter or the appropriate third party. Your use of the Trademarks displayed on the website, or any other content on the website, except as provided in these terms and conditions, is strictly prohibited. You are also advised that Stagelighter will aggressively enforce its intellectual property rights to the fullest extent of the law.

4. Disclaimer.
Stagelighter makes no representations or warranties that this website is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Stagelighter’s computer systems. You have the sole responsibility for adequate protection and backup of data and/or equipment used in connection with this website and you agree to hold Stagelighter harmless from, and you covenant not to sue us for, any claims for lost data, work delays or lost profits resulting from use of materials or content from this website. The pages on this website may contain technical inaccuracies, outdated information and typographical errors. Use of the website is at the risk of the user. To the extent permitted by applicable law, this website is provided "as is". Neither Stagelighter nor any other party involved in creating, producing, or delivering the website is liable for any direct, special, incidental, consequential, indirect or punitive damages arising out of access to, or use of, the website including, without limitation, lost profits or revenues, costs of replacement goods, loss of damage to data arising out of the use or inability to use this site, or damages resulting from use of or reliance on the information present, even if Stagelighter, or it’s suppliers have been advised of the possibility of such damages. Without limiting the foregoing, everything on the website is provided without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement or arising from a course of dealing, usage or trade practice. Stagelighter does not in any way guarantee the quality, data content, artistic worth, or legality of information, content, goods or services that are transferred, received, purchased, or otherwise made available or obtained by way of this website. We do not warrant that this website will be error-free or that defects will be corrected. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We also assume no responsibility, and will not be liable for, any damages to, or viruses that may infect, computer equipment or other property on account of your access to, use of, or browsing in this website or your downloading of any materials, data, text, images, video, or audio from the website.

5. Privacy of User Information.
Please see our Privacy Policy for information regarding the collection of personal information from this website. Despite any representations concerning privacy, Stagelighter reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.

6. Availability of Products and Services
The information provided at this website is published throughout the world. Stagelighter manages this website from its facilities in the United States of America and Canada. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in the United States of America. Information published on this website may contain references to products, programs and services that are not announced or available in your country or region.

7. Links to Third Party Sites.
This website may contain links to third party sites.  In particular, Stagelighter uses YouTube for hosting of video content that is part of the user’s Packages and PayPal for payment.  Such linked sites are not under the control of Stagelighter, and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements contained on any such linked sites. Access to any other Internet site linked to this website is at the user’s own risk. We have not reviewed the sites linked to the website. We provide these links merely as a convenience and the inclusion of such links does not imply an endorsement by Stagelighter of such third party sites or any goods or services offered by such third parties.

8. Interactive Areas and Code of Acceptable Conduct.
Stagelighter does not ordinarily filter, censor, edit or regulate information and content provided by third parties on this website, including any such information provided in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content. When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct: You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content. You will not upload viruses or harmful components. You will not use the website to further any illegal purpose or to violate the rights of any party. You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services. Stagelighter will assist law-enforcement officials investigating illegal activity or violations of these terms of use.

9.  Indemnification.
You agree to defend, indemnify and hold harmless Stagelighter and its affiliates and subsidiaries (collectively, the "Indemnified Parties"), and the Indemnified Parties' independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including reasonable attorneys' fees) arising out of or related to any content you post or otherwise transmit on or through the website, your use of or inability to use the website, or the licensing of your media to third parties through the site, including any actual or threatened suit, demand or claim made against any of the Indemnified Parties and/or their independent contractors, service providers, employees, directors or consultants, arising out of or relating to your user content, your conduct, your violation of these Terms of Use or your violation of the rights of any third party.


10. Jurisdiction and Choice of Law.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York and the United States of America, without giving effect to any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction of the courts located in New York in connection with any action arising out of or related to these terms of use or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non convenience in any such action.

11. Severability.
If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.



Updated September 25, 2013