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Terms and
Conditions
These Membership Terms and Conditions (“Terms”) are entered into by the customer that accepts these Terms electronically (“you” or “your” means you and your agents, as applicable) and StarSearchNetwork.com (“Company”). These Terms govern your membership in the Company’s Program (the “Program”). These Terms may be updated from time to time, without notice to you. Your continued use of the Program constitutes your acceptance to the new Terms. IMPORTANT DISCLAIMER. THE TRADEMARKS UTILIZED BY THE PROGRAM ARE NOT OWNED BY THE COMPANY AND THEY MAY OR MAY NOT ENDORSE THIS PROGRAM. COMPANY CANNOT GUARANTEE THAT YOU WILL RECEIVE EMPLOYMENT OR MAKE MONEY WITH THIS PROGRAM, AS INDIVIDUAL RESULTS WILL VARY GREATLY AND IN ACCORDANCE TO YOUR INPUT AND DETERMINATION. NO PERSON OR COMPANY CAN GUARANTEE PROFITS OR FREEDOM FROM LOSS. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found by clicking here. The Privacy Policy is expressly incorporated into these Terms by this reference. THE PROGRAM. StarSearchNetwork.com (the “Site”) is a membership site. As a member of the Program, you will have full access to the Site and the audition, modeling, singing, dancing and other entertainment job listings, auditions, and casting calls. Upon submitting a request for membership and Company’s approval of same, Company will issue you a member ID and Password. YOU MAY NOT PROVIDE YOUR MEMBER ID AND PASSWORD TO ANOTHER PERSON OR ENTITY FOR THE PURPOSE OF ALLOWING ANOTHER PERSON OR ENTITY TO ACCESS THE PROGRAM VIA THE SITE. PAYMENT. Initially, as a member of the Program, you shall have access to the Program for a five (5) day trial period (the “Trial Period”). The Trial Period costs $1.95. In other words, upon enrolment as a member in the Program, you authorize Company to charge your credit card one dollar and ninety five cents ($1.95). If the Program is not right for you, visit support.starsearchnetwork.com, email support@starsearchnetwork.com, or call1-877-242-1070 during the Trial Period and you owe nothing. Otherwise, at the end of your Trial Period, as a member in the Program, your credit card will be charged sixty eight dollars and twenty one cents ($68.21 USD). Then 30 days from your first payment of sixty eight dollars and twenty one cents ($68.21) and every 30 days thereafter, your credit card will be charged sixty eight dollars and twenty one cents ($68.21) (the “Monthly Membership Fee”). YOU HEREBY AUTHORIZE COMPANY (OR ITS PARTNERS, AFFILIATES AND/OR AGENTS) TO CHARGE YOUR CREDIT CARD THE MONTHLY MEMBERSHIP FEE AND YOU ACKNOWLEDGE AND AGREE THAT COMPANY WILL NOT OBTAIN ADDITIONAL AUTHORIZATION FROM YOU FOR EACH MONTHLY MEMBERSHIP FEE CHARGED TO YOUR CREDIT CARD. CANCELLATION OF MEMBERSHIP. If you wish to cancel your membership, you must visit support.starsearchnetwork.com, email support@starsearchnetwork.com, or call1-877-242-1070. If you cancel prior to the expiration of the Trial Period, you will only be billed $1.95. After the expiration of the trial period, you must cancel your membership at least five (5) calendar days before your next Monthly Membership Fee is due. Each Monthly Membership Fee is due 30 days after the last payment was billed to your credit card. No there are no refunds. GENERAL PAYMENT INFORMATION. All fees are payable in United States currency. Upon prior written notice to you (i.e., email), Company reserves the right to change its pricing and/or billing practices whenever necessary, in its sole discretion. If you do not agree with these changes, you may cancel your membership in the Program, as applicable, at any time, but you will remain responsible for timely payment of any and all fees that you have already incurred (including any applicable late fees). If you fail to make any scheduled Monthly Membership Fee payment, such overdue amounts will be subject to interest charges in the amount of one and one half percent (1.5%) per month, compounded monthly and Company may, in its sole discretion, decide to terminate your membership in the Program for non-payment. If your credit card is declined, Company may at its own option try to authorize your purchase on future dates. LICENSE GRANT. Company grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale of the Site; any collection and use of any listings, descriptions, or events; any derivative use of the website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Company. INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Company and its affiliates, their employees, contractors, agents, representatives, officers, directors, co-branders, content licensors and/or other partners from all liabilities, claims, and expenses, including without limitation attorneys fees that arise from: (a) your use of the Site or the Programs; and/or (b) your breach of the Agreement and the terms of the Program. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Company in asserting any available defenses. COPYRIGHT. All content included on the Site, including but not limited to text, graphics, logos, button icons, images, and audio clips, digital downloads, and data compilations, is the property of Company and is protected by Canadian and international copyright laws. DISCLAIMER OF WARRANTIES. THE SITE AND THE PROGRAM IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). COMPANY MAKES NO WARRANTY THAT THE SITE OR THE PROGRAM: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR AGAINST INFRINGEMENT; (E) WILL PRODUCE ANY LEVEL OF INCOME OR EMPLOYMENT; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE SITE AND THE PROGRAM MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE AND PROGRAM; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY PRODUCT PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR PERSONALLY IDENTIFIABLE DATA; (D) THE FAILURE TO REALIZE ANY LEVEL OF INCOME FROM THE PROGRAM; AND (E) ANY OTHER MATTER RELATING TO THIS SITE OR THE PROGRAM. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIFTY DOLLARS ($50.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE THIS SITE OR THE PROGRAM, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. ACCESS TO THE SITE AND THE PROGRAM NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS COMPANY’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOUR RESPONSIBILITIES. If at any time you are unsatisfied with the Program, it is your responsibility to notify Company to allow Company to rectify any problems. As the Program is provided on a month-to-month basis, it is your responsibility to notify Company of any problems prior to payment of the Monthly Membership Fee. Payment of ongoing Monthly Membership Fee signifies your satisfaction with the Program, acceptance of all previous months’ billing and all products and services provided. CHARGEBACKS .Any chargebacks that result from fraudulent activity will be investigated. The Company uses Credit Card Verification (CVV2) and Address Verification (AVS) to validate your credit card. Your IP address and network host are recorded when your order is placed and when you log into any member’s area. This information will be used to trace the order to the person(s) that ordered the service. All information on fraudulent accounts will be turned over to the authorities to assist in locating and prosecuting any and all guilty parties. You may be subject to significant fines and/or confinement. Chargebacks issued for reasons Company deems invalid and that Company feels you were provided with proper services and/or support will be disputed through your credit card company. In the event that your credit card company declines chargeback reversal, Company reserves the right to refer your account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of these Terms and in collection of any delinquent amounts due, including bank fees, reasonable attorneys' fees and any other costs. MISCELLANEOUS. You represent and warrant that (a) you are at least 18 years of age; (b) you have the full right, power and authority to consent to these Terms; (c) by consenting to these Terms you are not breaching any duty or obligation to any third party; and (d) the person executing these Terms is your duly authorized representative and authorized to bind you to these Terms. You may not assign or delegate any or all of your rights, obligations, and duties under these Terms without the prior written consent of Company, which may be withheld in Company’s sole discretion. If any clause or provision in these Terms are determined to be invalid or unenforceable, it will not affect the validity of any other clause or provision these Terms, which will remain in full force and effect. No waiver of any of the provisions of these Terms is binding unless it is in writing and signed by Company. The failure of Company to insist on the strict enforcement of any provision of these Terms does not constitute a waiver of any provision and all terms shall remain in full force and effect. These Terms supersedes and replaces all prior and contemporaneous agreements, understandings and representations, whether oral or written, between the parties and relating to the subject matter hereof, and together with the other documents referenced herein, constitutes the entire understanding of the parties with respect to the subject matter of these Terms. CONTACT INFORMATION. If you have any questions about these Terms, please feel free to contact the Company at support@starsearchnetwork.com, or visit Support.StarSearchNetwork.com These Terms were last updated on Nov 23 2009.
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