ALL LISTINGS ARE COPYRIGHT TO SHOOTS.net PRODUCTION CREW RESOURCE AND CANNOT BE COPIED, DOWNLOADED OR USED IN ANY WAY OTHER THAN VIEWING ON-LINE WITH A WEB BROWSER.
THE DOWNLOADING OF ANY INFORMATION FROM SHOOTS.net WEB SITE IS ILLEGAL AND A BREECH OF THE TERMS OF USE OF THIS SITE.
IT IS ALSO NOT PERMITTED TO EMAIL ANY PERSON LISTED ON THE SHOOTS.net 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.net Production Crew Resource ("SHOOTS.net")
will provide you with the Production Crew Listing ("Listing")
for the SHOOTS.net Production Crew Resource directory (“Directory”).
SHOOTS.net 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.net will provide you with advance
written notice of any change to the fees.
By clicking on the "PREVIEW THIS CREW PAGE" button you hereby agree to be bound
by the terms and conditions in this Agreement.
- Description of the Service:
The Production Crew Listing is a free service provided by SHOOTS.net to
serve the needs of freelance crew and small businesses, to provide a free listing on the SHOOTS.net Directory.
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.net reserves the right to delete or edit all listings.
For a fee, business owners and freelancers that sign up for the free Listing can add to
their existing free listing(s) by including a bold link listed under a specific city or geographical region,
linking to their free listing on SHOOTS.net, or to a company's existing website, if available. The fee-based listings are covered by a seperate agreement and require that a seperate application be made.
- Your Representations and Warranties:
By accepting the terms of
this Agreement you represent and warrant that: a.
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; d. You
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; g.
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.net’s sole determination, is inflammatory,
defamatory, offensive, or otherwise inconsistent
with the spirit of the Directory or SHOOTS.net’s
(including its parent, subsidiary and affiliate’s)
websites.
- SHOOTS.net's Rights and Responsibilities:
a. SHOOTS.net reserves the right to decide whether, where, and
how a listing appears in the Directory. SHOOTS.net
will consider your preferences, but reserves the
right to list your Business in any Craft category or subcategory
that SHOOTS.net deems appropriate, in its sole discretion.
SHOOTS.net also reserves the right to change
your Listing at any time. SHOOTS.net is not responsible for errors in the listing. b.
When SHOOTS.net receives your request for a Production Crew
Listing, your information will be reviewed by SHOOTS.net
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.net
will not be responsible for any delays in posting
your Production Crew Listing. SHOOTS.net also reserves the right to delete multiple listings that it considers to be "slamming" or stacking the search engine index file.
- Payment:
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 50-word 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.net is contacted directly by a production company to
hire your services, and SHOOTS.net book your services for a paying job, at the discretion of SHOOTS.net, a booking fee
or discount of up to 15% of the job rate may be charged by SHOOTS.net 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.
- Term:
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.
- Termination:
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.net 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.net
may immediately terminate this Agreement and remove
your listing from, if SHOOTS.net, 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.net 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.
- Indemnification:
You
agree to indemnify, defend and hold harmless SHOOTS.net,
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.net
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:
THE LISTING
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.net 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.net 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.net
DIRECTORY. SHOOTS.net'S LIABILITY TO YOU SHALL NOT,
FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID
BY YOU TO SHOOTS.net 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.
- Notices:
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.net such notices shall
be addressed to legal@shoots.net or SHOOTS.net, PO Box 4300, Middletown, NJ 07748, 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.
- General:
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.net’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.net
- Changes to this Agreement:
Any changes to this Agreement
will be posted on this page, located at www.SHOOTS.net.
You are encouraged to check back often.
[November, 1st 2002]
July 2016, Name changed from SHOOTS.com to SHOOTS.net
[UPDATED August 2nd, 2018]
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