Legal
Terms of Use
On this page
- Acceptance of the Terms of Use
- Changes to the Terms of Use
- Pricing, Payments, Subscriptions, and Fees
- Accessing the Services and Account Security
- Intellectual Property Rights
- Feedback
- User Content and License to Company
- Likeness, Publicity, and Profile Materials
- Artificial Intelligence Features
- No Agency, Employment, Casting, or Representation Relationship
- Coaching, Educational, and Informational Materials
- Prohibited Uses
- User Interactions and Community Conduct
- Monitoring and Enforcement; Termination
- Content Standards
- Copyright Infringement
- Reliance on Information Posted
- Changes to the Services
- Information About You and Your Use of the Services
- Links from the Services
- Geographic Restrictions
- Disclaimer of Warranties
- Limitation on Liability
- Indemnification
- Governing Law and Jurisdiction
- Electronic Communications and Consent
- Waiver of Jury Trial and Class Actions
- Limitation on Time to File Claims
- Waiver and Severability
- Entire Agreement
- Your Comments and Concerns
01
Acceptance of the Terms of Use
These terms of use are entered into by and between you and ActorOS Inc. ("Company," "ActorOS," "we," "our," or "us"). The following terms and conditions, together with any documents and policies they expressly incorporate by reference (collectively, "Terms of Use" and "Terms"), govern your access to and use of the ActorOS platform, including any websites, applications, software, artificial intelligence-enabled tools, profile functionality, networking functionality, messaging functionality, educational resources, coaching functionality, collaboration tools, subscription services, and related products and services offered or made available by Company (collectively, the "Services"), whether as a guest, visitor, customer, subscriber, registered user, coach, educator, industry professional, or other user.
Please read the Terms of Use carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, do not access or use the Services.
The Services are intended for adults who participate in or provide services to the entertainment industry, including performers, coaches, educators, casting professionals, and related eligible users. The Services are not directed to children under the age of thirteen (13). If you are under eighteen (18) years of age, you may only access or use the Services with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms of Use on your behalf. By permitting a minor to access or use the Services, the parent or legal guardian represents and warrants that they have the authority to consent to these Terms on behalf of the minor and agrees to be fully responsible for the minor’s use of the Services, interactions through the Services, and compliance with these Terms. Company reserves the right to request proof of parental or guardian consent at any time and may suspend or terminate any account if Company believes a user is underage and such consent has not been properly obtained.
Company does not guarantee employment, auditions, representation, bookings, introductions, networking opportunities, career advancement, paid engagements, or any specific results through use of the Services. Company is not a talent agency, casting agency, employment agency, manager, agent, attorney, financial advisor, or representative.
02
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you.
From time to time, Company may offer beta, pilot, evaluation, early access, experimental, or pre-release features, functionality, or services (“Beta Features”). Beta Features may be incomplete, contain bugs or errors, experience interruptions or failures, or operate differently from final versions. Company makes no representations or warranties regarding Beta Features and may modify, suspend, or discontinue Beta Features at any time in its sole discretion without liability or notice.
03
Pricing, Payments, Subscriptions, and Fees
Pricing may change at any time and current pricing may be displayed separately on checkout pages, subscription pages, invoices, payment processor pages, order forms, or other pages and is not incorporated into these Terms. Certain portions of the Services may require payment of subscription fees, membership fees, coaching fees, premium feature fees, marketplace fees, usage fees, or other charges.
Unless otherwise expressly agreed by Company in writing, all fees are payable in advance and are non-refundable. No refunds or credits will be provided for partially used subscription periods, unused features, unused services, account downgrades, account suspensions, or account terminations. You authorize Company and its third-party payment processors to charge your payment method for all fees, taxes, and other amounts incurred in connection with your account.
Company may modify pricing, billing methods, subscription tiers, feature availability, or payment requirements at any time in its sole discretion. Any billing dispute must be raised in writing within thirty (30) days after the applicable charge, otherwise the dispute will be deemed waived. You are solely responsible for all taxes associated with your use of the Services.
04
Accessing the Services and Account Security
We reserve the right to withdraw or amend the Services, and any service or material we provide in connection with the Services, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.
To access the Services or some of the resources offered through the Services, you may be asked to provide registration details or other information. It is a condition of your use of the Services that all information you provide is correct, current, and complete. You agree that all information you provide to register with or otherwise use the Services is governed by our Privacy Policy.
If you choose, or are provided with, a username, password, or any other security information, you must treat such information as confidential and must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Services using your credentials. We have the right to disable any username, password, account, or other identifier at any time in our sole discretion, including if, in our opinion, you have violated any provision of these Terms of Use.
05
Intellectual Property Rights
The Services and their entire contents, features, and functionality are owned by Company, its licensors, or other providers of such material and are protected by applicable intellectual property and proprietary rights laws. This includes, without limitation, the technology, software, code, algorithms, models, interfaces, databases, text, displays, images, video, audio, graphics, design, selection, arrangement, branding, trademarks, service marks, and logos made available by Company.
Subject to your full and ongoing compliance with these Terms of Use, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal or internal business use and solely as permitted by these Terms. No right, title, or interest in or to the Services is transferred to you, and all rights not expressly granted are reserved by Company.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell, license, reverse engineer, decompile, disassemble, or otherwise exploit any portion of the Services except as expressly permitted by Company in writing. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
06
Feedback
If you provide Company with any suggestions, comments, ideas, enhancement requests, recommendations, or other feedback regarding the Services, you hereby grant Company a royalty-free, fully paid-up, worldwide, transferable, sublicensable, irrevocable, perpetual license to implement, use, modify, commercially exploit, and incorporate such feedback into the Services or any other Company products or services without restriction or compensation.
07
User Content and License to Company
The Services may allow users to upload, submit, post, publish, display, transmit, or otherwise make available content or materials, including profile information, photographs, headshots, resumes, biographies, reels, videos, audio recordings, messages, comments, scripts, documents, educational materials, coaching materials, and other information or materials (collectively, "User Content"). You retain ownership of your User Content as between you and Company.
By providing User Content through the Services, you grant Company and its affiliates and service providers a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to host, store, reproduce, copy, process, transmit, display, perform, distribute, modify, reformat, create derivative works from, and otherwise use your User Content for the purpose of operating, providing, maintaining, securing, promoting, developing, and improving the Services and performing Company's obligations under these Terms.
You represent and warrant that you own or control all rights in and to your User Content and have the right to grant the license granted above. You further represent and warrant that your User Content complies with these Terms, does not violate applicable law, does not infringe or misappropriate any third-party intellectual property, privacy, publicity, contractual, or other rights, and does not contain any material that is unlawful, defamatory, obscene, harassing, abusive, fraudulent, misleading, or otherwise objectionable.
You understand and acknowledge that you are solely responsible for any User Content you submit or contribute, and you, not Company, have full responsibility for such content, including its legality, reliability, accuracy, appropriateness, and compliance with applicable law. We are not responsible or liable to you or any third party for the content or accuracy of any User Content posted by you or any other user of the Services.
08
Likeness, Publicity, and Profile Materials
To the extent your User Content includes your name, image, likeness, voice, performance, biography, profile information, or other identifying materials, you grant Company the right to use such materials solely in connection with operating, displaying, promoting, and providing the Services, including displaying your profile or submitted materials to other users or persons you choose to interact with through the Services or to whom your content is made available through your account settings or Platform functionality.
Nothing in these Terms grants Company ownership of your name, image, likeness, voice, or underlying creative works. However, you acknowledge that the Services are designed to enable the display, transmission, and use of certain profile and performance-related materials, and you are solely responsible for determining what materials you make available through the Services.
09
Artificial Intelligence Features
The Services may include tools, workflows, recommendations, summaries, prompts, outputs, or other functionality generated or assisted by artificial intelligence, machine learning, automated systems, or similar technologies (collectively, "AI Features"). AI Features are provided for informational, convenience, productivity, educational, or workflow-support purposes only.
You acknowledge that AI Features may produce inaccurate, incomplete, biased, offensive, or unreliable results. You are solely responsible for evaluating, verifying, and determining the suitability of any output, recommendation, analysis, or other information generated through the Services before relying on it or sharing it with any third party. Company does not represent or warrant that any AI-generated output is accurate, complete, original, non-infringing, reliable, or suitable for any particular purpose.
Unless otherwise expressly stated by Company in writing, Company will not use your confidential User Content to train public, generalized AI models unrelated to providing, maintaining, securing, developing, or improving the Services. Company may use aggregated, de-identified, or anonymized usage information and technical data to operate, analyze, improve, and develop the Services and related products and services.
10
No Agency, Employment, Casting, or Representation Relationship
Company provides technology, tools, resources, and functionality that may assist users in connection with professional development, networking, education, communication, and related industry activities. Company does not act as a talent agency, casting agency, employment agency, manager, booking agent, representative, fiduciary, union, guild, attorney, or professional advisor.
Company does not guarantee that use of the Services will result in employment, auditions, bookings, representation, engagements, revenue, career advancement, professional opportunities, or any other outcome. Any arrangements, communications, engagements, meetings, opportunities, services, or transactions between users or between a user and a third party are solely between those parties, and Company is not responsible for any such relationship, transaction, conduct, representation, or outcome.
11
Coaching, Educational, and Informational Materials
The Services may include educational resources, coaching functionality, professional development materials, templates, guidance, or other informational materials. Such materials are provided for general informational purposes only and do not constitute legal, financial, tax, accounting, medical, psychological, union, guild, employment, professional, or career advice. You are solely responsible for your decisions and actions based on any information obtained through the Services.
12
Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services in any way that violates any applicable federal, state, local, or international law or regulation, including laws regarding intellectual property, privacy, publicity, employment, consumer protection, data protection, export control, or communications.
You agree not to use the Services to upload, post, transmit, or otherwise make available any material that is unlawful, infringing, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, discriminatory, threatening, fraudulent, misleading, invasive of privacy or publicity rights, or otherwise objectionable. You further agree not to impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
You agree not to use any robot, spider, scraper, crawler, or other automatic device, process, or means to access the Services for any purpose, including monitoring, scraping, harvesting, copying, or extracting any material from the Services. You agree not to use any manual process to monitor or copy any material on the Services, or for any other purpose not expressly authorized in these Terms, without Company's prior written consent.
You agree not to introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, attack the Services through a denial-of-service attack or distributed denial-of-service attack, attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, or otherwise attempt to interfere with the proper working of the Services.
13
User Interactions and Community Conduct
You are solely responsible for your interactions with other users and third parties through or in connection with the Services. Company does not control and is not responsible for the conduct, representations, statements, omissions, services, materials, or activities of any user or third party. Company makes no representations or warranties regarding the identity, qualifications, background, credentials, suitability, or conduct of any user.
Company reserves the right, but has no obligation, to monitor disputes between users or take action regarding user conduct. You agree to exercise caution and independent judgment when communicating with, meeting, engaging, hiring, paying, working with, or otherwise interacting with any person or entity through or in connection with the Services.
Company reserves the right, but not the obligation, to verify user identities, credentials, qualifications, affiliations, ages, or background information in connection with the Services. Company does not guarantee the accuracy of any user profile, biography, credentials, representations, or other information provided by users. Any verification conducted by Company does not constitute an endorsement, certification, guarantee, or representation regarding any user.
To the fullest extent permitted by applicable law, you release Company and its affiliates, officers, directors, employees, contractors, agents, licensors, successors, and assigns from any and all claims, demands, damages, liabilities, disputes, losses, costs, and expenses of every kind and nature, known and unknown, arising out of or relating to your interactions, communications, relationships, transactions, meetings, engagements, disputes, or arrangements with other users or third parties through or in connection with the Services.
14
Monitoring and Enforcement; Termination
We have the right, but not the obligation, to remove or refuse to post any User Content for any or no reason in our sole discretion. We may take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the safety of users or the public, or could create liability for Company.
We may disclose your identity or other information about you to any third party who claims that material posted or submitted by you violates their rights, including intellectual property rights, privacy rights, or publicity rights. We may take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Services.
We may terminate or suspend your access to all or part of the Services for any or no reason, including any violation of these Terms. Upon termination, your right to use the Services will cease immediately, and all provisions that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, limitation of liability, indemnification, dispute provisions, and payment obligations.
Company reserves the right, but does not undertake any obligation, to monitor the Services, User Content, communications, profiles, interactions, or other activity occurring through the Services. Company does not guarantee that the Services will be monitored for accuracy, legality, appropriateness, safety, or compliance with these Terms. Users remain solely responsible for their conduct, interactions, and User Content. Company shall have no liability arising from or relating to any failure to monitor the Services or any delay in removing content or enforcing these Terms.
Company may remove, restrict, limit, demonetize, disable, edit, or refuse to publish any User Content, profile, communication, account, or activity that Company determines in its sole discretion may violate these Terms, create risk or liability for Company or users, harm the integrity of the Services, or otherwise be objectionable, inappropriate, unlawful, misleading, abusive, infringing, unsafe, or inconsistent with the intended purpose of the Services.
You agree to cooperate with Company in connection with any investigation relating to your use of the Services, your account, your User Content, or your conduct in connection with the Services. Company reserves the right to disclose information where required by law, subpoena, court order, governmental request, or where Company believes disclosure is reasonably necessary to protect the rights, property, safety, or security of Company, users, or third parties.
15
Content Standards
All User Content must comply with all applicable federal, state, local, and international laws and regulations. User Content must not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, discriminatory, fraudulent, misleading, or otherwise objectionable.
User Content must not infringe any patent, trademark, trade secret, copyright, right of publicity, right of privacy, contractual right, or other intellectual property or proprietary right of any other person. User Content must not promote illegal activity, advocate or assist any unlawful act, misrepresent your identity or affiliation with any person or organization, or give the impression that it emanates from or is endorsed by Company or any other person or entity if this is not the case.
16
Copyright Infringement
If you believe that any User Content or other material available through the Services infringes your copyright or other intellectual property rights, please send a notice to Company at the contact information listed below. Company reserves the right to remove or disable access to allegedly infringing materials and may terminate the accounts of repeat infringers where appropriate. Company may also remove allegedly infringing content without prior notice and in its sole discretion.
17
Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. Company does not warrant the accuracy, completeness, usefulness, reliability, or availability of any information, materials, recommendations, outputs, opportunities, profiles, communications, or content made available through the Services. Any reliance you place on such information is strictly at your own risk.
The Services may include content provided by third parties, including materials provided by other users, coaches, educators, industry professionals, licensors, service providers, and other third parties. All statements, opinions, materials, and other content provided by third parties are solely the responsibility of the person or entity providing those materials and do not necessarily reflect the opinion of Company. Company is not responsible or liable to you or any third party for the content, accuracy, or conduct of any third party.
18
Changes to the Services
We may update the Services and any content included in the Services from time to time, but such content is not necessarily complete or up to date. Any material on the Services may be out of date at any given time, and Company is under no obligation to update such material. Company may add, modify, suspend, discontinue, or remove any feature, function, content, or service at any time in its sole discretion.
19
Information About You and Your Use of the Services
All information we collect through or in connection with the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by Company with respect to your information in compliance with the Privacy Policy.
Company may collect, process, store, transfer, and use information relating to your use of the Services in accordance with applicable law and the Privacy Policy. You acknowledge that internet transmissions and electronic storage are not completely secure and Company cannot guarantee absolute security of information transmitted to or through the Services.
20
Links from the Services
If the Services contain links to other sites or resources provided by third parties, these links are provided for your convenience only. This may include links to third-party platforms, payment processors, social media services, content providers, educational providers, professional service providers, or other resources. Company has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
21
Geographic Restrictions
Company is based in the United States. Company makes no claims that the Services or any content available through the Services are accessible or appropriate outside of the United States. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You represent and warrant that you are not located in, organized under the laws of, ordinarily resident in, or otherwise subject to the jurisdiction of any country or territory subject to comprehensive U.S. embargoes or sanctions, and that you are not identified on any U.S. government restricted party list. You agree not to access or use the Services in violation of any applicable export control, sanctions, or trade compliance laws or regulations.
22
Disclaimer of Warranties
You understand that Company cannot and does not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of lost data.
YOUR USE OF THE SERVICES, THEIR CONTENT, USER CONTENT, AI FEATURES, OUTPUTS, INFORMATION, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, USER CONTENT, AI FEATURES, OUTPUTS, INFORMATION, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, ORIGINALITY, LEGALITY, AVAILABILITY, OR SUITABILITY OF THE SERVICES OR ANY CONTENT, USER CONTENT, AI FEATURES, OUTPUTS, INFORMATION, OPPORTUNITIES, COMMUNICATIONS, OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES.
TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND COURSE OF DEALING. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
23
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, CONTRACTORS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES, ANY CONTENT, USER CONTENT, AI FEATURES, OUTPUTS, INFORMATION, THIRD-PARTY CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES.
WITHOUT LIMITING THE FOREGOING, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF OPPORTUNITY, BUSINESS INTERRUPTION, EMOTIONAL DISTRESS, PERSONAL INJURY, OR OTHER SIMILAR DAMAGES, WHETHER CAUSED BY TORT, NEGLIGENCE, BREACH OF CONTRACT, STRICT LIABILITY, OR OTHERWISE, EVEN IF FORESEEABLE.
TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO COMPANY FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
24
Indemnification
You agree to defend, indemnify, and hold harmless Company, its affiliates, licensors, service providers, successors, and assigns, and each of their respective officers, directors, employees, contractors, agents, suppliers, and representatives, from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses, including reasonable attorneys' fees.
The indemnity applies to claims arising out of or relating to your violation of these Terms of Use, your use of the Services, your User Content, your interactions with other users or third parties, your violation of applicable law, or your infringement or violation of any rights of any person or entity.
25
Governing Law and Jurisdiction
All matters relating to the Services and these Terms of Use, and any dispute or claim arising from or relating to them, including non-contractual disputes or claims, shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Services shall be instituted exclusively in the state or federal courts located in the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
26
Electronic Communications and Consent
By using the Services, you consent to receiving communications from Company electronically, including via email, platform notifications, text messages, or other electronic means. You agree that all agreements, notices, disclosures, consents, records, and other communications provided electronically satisfy any legal requirement that such communications be in writing. You further agree that electronic signatures, click-through agreements, and electronic records shall be legally binding to the fullest extent permitted by applicable law.
27
Waiver of Jury Trial and Class Actions
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND COMPANY EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND COMPANY AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY THEM, WOULD HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
28
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
29
Waiver and Severability
No waiver by Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of these Terms of Use will continue in full force and effect.
30
Entire Agreement
The Terms of Use, our Privacy Policy, and any additional terms, policies, or documents expressly incorporated by reference constitute the sole and entire agreement between you and Company regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. Company may assign these Terms without restriction.
31
Your Comments and Concerns
The Services are operated by ActorOS Inc. All feedback, comments, requests for technical support, notices, and other communications relating to the Services should be directed to Company at: 838 Walker Road, Suite 21-2, Dover, Delaware 19904.