ALL LISTINGS ARE COPYRIGHT TO SHOOTS.com PRODUCTION CREW RESOURCE AND CANNOT BE COPIED, DOWNLOADED OR USED IN ANY WAY OTHER THAN VIEWING ON-LINE WITH A WEB BROWSER.
IT IS ALSO NOT PERMITTED TO EMAIL ANY PERSON LISTED ON THE SHOOTS.com WEB SITE OTHER THAN FOR LEGITIMATE REASONS, INCLUDING THE OFFER OF WORK. UNSOLICITED EMAIL (USUALLY REFERRED TO AS SPAM) IS STRICTLY FORBIDDEN.
Production Crew Listing
TERMS AND CONDITIONS
These terms and conditions of this agreement ("Agreement") govern
the parties obligations under which SHOOTS.com Production Crew Resource ("SHOOTS.com")
will provide you with the Production Crew Listing ("Listing")
for the SHOOTS.com Production Crew Resource directory (“Directory”).
SHOOTS.com reserves the right to modify, update, add or remove any or all of the terms and conditions in this Agreement at any
time; except that SHOOTS.com will provide you with advance written notice of any change to the fees.
By creating an account on SHOOTS.com, or submitting a listing or URL to SHOOTS.com, or purchasing advertising or sponsorship on SHOOTS.com, you hereby agree to be bound by the terms and conditions in this Agreement.
- Description of the Service:
The Production Crew Listing and member registration is a free service provided by SHOOTS.com to
serve the needs of freelance crew and small businesses, to provide a free listing on the SHOOTS.com Directory in one category.
Business owners and freelancers that sign up for the Listing can include details about their business or services, including a business description, address, a telephone number, a pager number,
an email link for users to correspond with the business,a link to a company's existing website, if available,
and other information that may be valuable to the user. SHOOTS.com reserves the right to delete or edit all listings. You are required to keep the information in your listing current and correct. To facilitate this, if a listing has not been edited in the previous 365 days, we will send you an email requesting that you review the information in your listing. If you do not verify your listing within seven (7) days of the email request, we reserve the right to delete the listing.
For payment of a fee, business owners and freelancers that sign up for the free Listing in one category, can add to or enhance their existing free listing(s) by adding one or more of the following options: be included in additional categories; add video links and uploads; add company logos or images; select sponsorship of a category, including a link listed under a specific city or geographical region,
linking to their free listing on SHOOTS.com, or to a company's existing website, if available; any other enhancements or promotions that SHOOTS.com may offer from time-to-time.
The fee-based listings are covered by a separate agreement and require that a separate application be made.
- Your Representations and Warranties:
By accepting the terms of this Agreement you represent and warrant that:
You are at least 18 years old;
b. You are legally permitted to represent your company or organization;
c. The information you provided, including your name, Email address, credit card, billing information, and any other information
required to be completed on the registration form is current, complete, accurate and true;
currently own or control all rights in and to the website ("Your Site"), located at the
web address you have provided, to the extent necessary to enter into this Agreement;
e. Your Site does
not violate or infringe upon the rights, including the intellectual property rights, of any third parties
and complies with all applicable international, federal, state and local laws and regulations;
f. Your Site
is for a valid business servicing the film, or video, or communications, or multimedia related industries;
Your Site must have the official business name visible to any visitor to that site;
h. Your Site must not contain any
content, products, services or other information that, in SHOOTS.com’s sole determination, is inflammatory,
defamatory, offensive, or otherwise inconsistent with the spirit of the Directory or SHOOTS.com’s
(including its parent, subsidiary and affiliate’s) websites.
- SHOOTS.com's Rights and Responsibilities:
a. SHOOTS.com reserves the right to decide whether, where, and how a listing appears in the Directory. SHOOTS.com will consider your preferences, but reserves the
right to list your Business in any Craft category or subcategory that SHOOTS.com deems appropriate, in its sole discretion.
SHOOTS.com also reserves the right to change your Listing at any time. SHOOTS.com is not responsible for errors in the listing.
When SHOOTS.com receives your request for a Production Crew Listing, your information will be reviewed by SHOOTS.com
for accuracy and, if your request is accepted, your Production Crew Listing will appear in the Directory index within
seven (7) days of your submission. SHOOTS.com will not be responsible for any delays in posting
your Production Crew Listing. SHOOTS.com also reserves the right to delete multiple listings that it considers to be "slamming" or stacking the search engine index file.
The Listing is supplied free of charge. There is no charge for a basic listing which will include your name, address, city, telephone number, email
address, references and a 2500-character job/services description. You agree that you may be contacted directly by someone wishing to use your services. There is
no discount charged for these direct bookings. You also agree that in the event that SHOOTS.com is contacted directly by a production company to
hire your services, and SHOOTS.com book your services for a paying job, at the discretion of SHOOTS.com, a booking fee
or discount of up to 15% of the job rate may be charged by SHOOTS.com for that job, unless that booking
is for a job covered by a union contract in which case a booking fee may be charged to the production client.
The term of this Agreement will be month to month commencing on the date that you submit your listing for the
Listing (the "Initial Term"). Unless notice of termination is provided in accordance with Section 6 below; provided, however,
that to qualify for each renewal the listing must at the time of renewal be in compliance with the terms and conditions of this Agreement.
Either party, in its sole and absolute discretion, may terminate this Agreement with or without cause by
providing the other party with at least thirty (30) days prior written notice. Notwithstanding the foregoing, SHOOTS.com will not terminate any
Listing for which a Business has pre-paid, prior to the expiration of the pre-paid number of months. Notwithstanding the foregoing, SHOOTS.com
may immediately terminate this Agreement and remove your listing from, if SHOOTS.com, in its sole discretion concludes that you have provided false information
as part of your submission, breached the terms of this Agreement, are engaged in fraudulent or illegal activities or the sale of illegal or harmful goods
or services, are engaged in activities or sales that may damage the rights of SHOOTS.com or others or otherwise breached the terms of this Agreement.
Any termination under this Section 6 shall take effect immediately without any opportunity to cure.
agree to indemnify, defend and hold harmless SHOOTS.com, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from
any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of or listing in the Directory,
the acceptance or rejection of your Production Crew Listing, any alleged violation of this Agreement, or any alleged violation of any rights of others. SHOOTS.com
reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not
excuse your indemnity obligations.
- DISCLAIMER OF WARRANTIES AND LIABILITIES:
AND THE DIRECTORY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER
IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE DIRECTORY OR THE LISTING WILL BE UNINTERRUPTED,
TIMELY OR ERROR-FREE. SHOOTS.COM AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS,
EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER,
FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR
ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF SHOOTS.COM IS
AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE DIRECTORY
OR THE CONTINUATION OF YOUR LISTING IN SHOOTS.com DIRECTORY. SHOOTS.COM'S LIABILITY TO YOU SHALL NOT,
FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO SHOOTS.COM UNDER THIS AGREEMENT. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
- Force Majeure:
Neither party to this Agreement shall be liable to the other
for any delay or failure in performance under the Agreement resulting directly or indirectly from
acts of nature or causes beyond its reasonable control.
Any notices or communications under the Agreement shall
be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom
such communication is directed, at the addresses specified below. If to SHOOTS.com such notices shall
be addressed to email@example.com or SHOOTS.com PO BOX 7986, Shrewsbury, NJ 07702, USA. If to you, such notices
shall be addressed to the electronic or mailing address specified in your registration form, or
such other address as either party may give the other by notice as provided in this Section.
This Agreement constitutes the entire agreement between
the parties with respect to the subject matter contained herein and supersedes all previous proposals, both
oral and written, representations, writings and all other communications between the parties. The
Agreement shall be governed by the laws of the state of New Jersey without regard to its conflict of
law provisions. The parties further consent and submit to the jurisdiction of the Courts of the
State of New Jersey and expressly agree to such forum for the bringing of any suit, action
or other proceeding arising out of their obligations hereunder, and expressly waive any objection to
venue in any such Courts and waive any right to a trial by jury so that trial shall be by and only
to the Court. SHOOTS.com’s failure to exercise or enforce any right or provision of the Agreement
shall not constitute a waiver of such right or provision.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and agree that the other provisions of the Agreement remain in full
force and effect. You agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the Directory, to the Agreement, or to your
Listing must be filed within one (1) year after such claim or cause of action arose or be forever
barred. The section titles in the Agreement are for convenience only and have no legal or contractual
effect. Any and all press releases and other public announcements related to the inclusion of your listing
in the Directory, including the method and timing of such announcements, must be approved in advance
and in writing by SHOOTS.com
- Changes to this Agreement:
Any changes to this Agreement will be posted on this page, located at www.SHOOTS.com.
You are encouraged to check back often.
PO Box 7986
Shrewsbury, NJ 07702
[November, 1st 2002] [Updated August 23rd, 2009]