Terms of Service
I. ACCEPTANCE OF TERMS
Greetings from I Wanna Be On, Inc. (hereinafter, the “Company”). The Company provides its service to you, subject to the following Terms of Service (“TOS”) which may be updated by us from time to time without notice to you. You can review the most current version of the TOS by checking this web page. In addition, when engaging the Company’s talent management, production and/or consulting services, you will be subject to guidelines or rules applicable to such services. All guidelines and rules will be incorporated by reference into this TOS.
II. WEB SITE SERVICES
A. All information provided on our web pages is provided by the Company as a service to its site visitors on an “as is” basis and may be used by the general public for information and entertainment purposes only. The Company currently provides this information free of charge at this time and reserves the right to apply a subscription fee at any time with or without notice. The Company assumes no responsibility for error or omissions in these materials. The Company makes no commitment to update the information contained therein. The Company makes no, and expressly disclaims any, representations or warranties, expressed or implied, regarding the Company’s Web Site including without limitation the accuracy, completeness, or reliability of text, graphics, opinions (direct or indirect implications thereof) and other items accessed from or via this Web Site. No advice or information given by the Company, its representatives, officers or agents shall create any warranty or liability.
B. The Company does not warrant that the functions contained in the Company’s services, including all aspects of the Company’s Web Site, will be uninterrupted or error free, that defects will be corrected, or that the Company’s web pages or ISP or server operations that host or transmit any web page or content contained thereon is free of viruses or other harmful defects.
C. The Company does not warrant or make any representations regarding the use or the result of the use of materials on this site, or those of sites referenced on this site, in terms of their correctness, accuracy, effectiveness, reliability or otherwise.
D. You expressly and unconditionally warrant that you are using the Company’s Web Site and creative consulting services for lawful purposes that do not intentionally or unintentionally violate any Federal and state laws, code or regulation.
E. You further agree and assent to be solely responsible for providing true, accurate, current and complete information and representations about you as prompted by any communications, direct or indirect, between you and the Company. All information and representations will be governed by our Privacy Statement.
F. You understand and expressly agree that submitting a request form and paying a non-refundable application fee does not create any formal, binding agreement between you and the Company for the provision of the Company’s services. You further understand and agree that the Company utilizes qualitative measurements in our Trend Analysis and Reports and Rating Methodologies and client applicants should not rely upon any such Reports, as well as opinions expressed therein or on the Company’s web pages, for making business, financial, personal, career or other decisions.
G. You understand and expressly agree that use of the Company’s creative production and consulting services are at your sole risk, that any advice, suggestion, counseling or related material and/or datum downloaded or otherwise obtained through the use of the Company’s services is at your own discretion and risk and that you will be solely responsible for any damages arising therefrom.
H. You acknowledge and agree that “consultant” for creative consulting services possess general knowledge with respect to such services and is not acting in the capacity of a “Talent Agent”, “Booking Agent”, “Talent Scout”, “Employment Agent”, “Business Manager”, “Financial Analyst”, “Investment Advisor”, “Tax Consultant”, “Accountant”, “Psychotherapist”, “Attorney” or similarly situated professional that would be subject to Federal and/or state regulatory authorities.
I. You further acknowledge and agree that “consultant” and/or “producer” has not promised, shall not be obligated to, or will not procure, attempt to procure, perform, provide or attempt to provide services related to the foregoing.
J. I WANNA BE ON, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
K. I WANNA BE ON, INC. MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF I WANNA BE ON, INC’S SERVICES, REGARDING THE ACCURACY, EFFECTIVENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH I WANNA BE ON, INC., REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH I WANNA BE ON, INC.’S SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH I WANNA BE ON, INC.’S SERVICES OR THAT I WANNA BE ON, INC.’S SERVICES WILL ADEQUATELY MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
l. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, I WANNA BE ON, INC. WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE I WANNA BE ON’S SERVICES, RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH SERVICES, RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF I WANNA BE ON, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
M. You agree to indemnify, defend and hold harmless I WANNA BE ON, INC., its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of I WANNA BE ON, INC’S services, productions and other related activities, your violation of the Terms of Service or your infringement, or any intellectual property or other right of any person or entity.
O. The TOS will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. Disputes arising from these TOS shall be exclusively subject to the Federal Courts of the United States and/or the State Courts of California and jurisdiction for such disputes shall rest solely in Santa Clara County, USA.
p. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the TOS will continue in full force and effect.
Q. The TOS will inure to the benefit of the Company’s successors, assigns and licensees.
R. Any waiver of any provision of the TOS will be effective only if in writing and signed by an authorized agent of I WANNA BE, INC.
S. The TOS constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
III. I WANNA BE ON’S CREATIVE CONSULTING/PRODUCER SERVICES
A. Artists will be visiting the Company’s Website and submitting their written, art & design, music & sound, production, post-production, acting, directing and/or other creative expressions and required supporting materials, as well as fan stories and any and all related content related to creative subject matter (the “Creative Concepts”) to the Company pursuant to the any email links. You are solely responsible for Your Creative Concept or any other information You provide, distribute, post, include, link to, or otherwise upload to any Company web page or transmit to Us, and You agree that the Company is only acting in the capacity of reviewing and analyzing your work and, if applicable, as a passive conduit for the online distribution and publication of your Creative Concept.
B. You understand that contacting I WANNA BE ON, INC., receiving our input and/or publishing your Creative Concept on the Company’s web pages are not substitutes for registering it with the U.S. Copyright Office and/or the Writer’s Guild of America. You represent and warrant that Your Content shall: (i) be Your original work, (ii) not infringe any copyright, patent, trademark, trade secret, or other proprietary right or right of publicity or privacy; (iii) not violate any law or regulation; (iv) not be defamatory or trade libelous; (v) not be obscene or contain child pornography; (vi) not include incomplete, false or inaccurate information about Yourself or any information about any other individual; and (vii) shall not contain any viruses, trojan horses, worms, time bombs, cancel-bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. We reserve the right (but not the obligation) to take any action with respect to the Creative Concept if we believe that it may create liability for the Company or may cause the Company to lose the services of its ISPs or other suppliers.
C. By submitting Your Creative Concept to the Company, you are granting the Company the right to and only to distribute all or part to our staff for the review of Your Creative Concept by the Company, our employees, agents or principals, and/or its affiliates, and for the publicity of the Company, and Our affiliates on a worldwide, irrevocable, royalty-free basis for the life of the copyright of the Creative Concept (or portion thereof) for display, use, modification and duplication. In the case of publicity, we are limited to reproducing no more than two hundred (200) words of Your Creative Concept unless we have received written permission from You to do so.
D. You acknowledge that the Company, its employees and its affiliates have wide access to ideas, stories and other literary materials, and that new ideas are constantly being submitted to it or being developed by those assisting in the creation, maintenance, and publication of the Company and its web pages. You also acknowledge that many ideas or stories are similar and often different ideas and stories relate to one or more underlying themes. You further agree that the Company, its Site and its affiliates do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of a copyright or any other identifying marks for the Creative Concept. You understand and agree that if your Creative Concept is considered for publication, development and/or production outside of the Company’s Site by one of its affiliates, the Company and/or one of its affiliates will require that You enter into a publication agreement with such entity before such entity will develop the Creative Concept for intended purpose(s).
E. You may, however, include insubstantial portions of information about I WANNA BE ON, INC. and its creative input, and/or the Company’s Artists on an occasional and irregular basis in memoranda, reports and presentations, provided that such memoranda, reports and presentations are distributed or otherwise made available only in non-electronic form, for a noncommercial purpose, to fewer than ten individuals. You must also include a description of the information used, attributions of the original sources of the information, and the phrase “Reprinted with permission of I WANNA BE ON, INC., Copyright 2009, I WANNA BE ON, Inc., New York, NY.” Except as stated herein, you acknowledge that you have no right, title or interest in or to the Company’s materials, such as our productions, regardless of any consideration, on any legal basis, without the Company’s advance written authorization.
F. Any use of the Company’s services or website (a) to distribute or post false information; (b) to post or distribute information that in our sole discretion is inappropriate to our audience (including, but not limited to, (i) copyright, trade secret or trademark infringing materials; (ii) plagiarized materials, whether or not copyright protected, or (iii) obscene, libelous, slanderous, offensive, vulgar, threatening or similarly inappropriate or objectionable postings) is grounds for immediate termination of our Services.
G. We will treat any and all forms of communications provided to the Company as non-confidential and non-proprietary UNLESS an advanced written Confidentiality Agreement is entered between You and the Company, signed by You and an authorized representative of the Company, setting forth explicit terms and conditions outside the general course of our business operations. Please do not submit confidential or proprietary information to the Company unless the Company and You have mutually agreed in writing otherwise, and please do not submit unsolicited ideas or proposals to the Company under any circumstance.
IV. GENERAL RULES GOVERNING RESEARCH COMMUNITIES (REALITY BLOGS)
A. Site Visitors alone are responsible for the contents of their REALITY BLOG postings and the consequences of any such REALITY BLOG postings.
B. You agree that you will not use REALITY BLOGS for chain letters, junk mail, “spamming,” solicitations (commercial or non-commercial) or any use of distribution lists to any person who has not given specific permission to be included in such a distribution. You further agree not to use REALITY BLOGS to post any message or material that is inappropriate, unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable in any manner or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
C. I WANNA BE ON, INC. assumes no responsibility for the timeliness, misdelivery, deletion or failure to store REALITY BLOG postings.
D. You agree to use REALITY BLOGS only to send and receive messages and material that are proper and related to the particular Research Community topic. By way of example, and not as a limitation, you agree that when using a Message Board, you will not do any of the following:
1) Defame, abuse, harass, stalk, embarrass, threaten, cause distress or discomfort upon another Company REALITY BLOG participant or other individual or group or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
2) Publish, post, distribute or disseminate any defamatory, infringing, vulgar, obscene, indecent, racially or ethnically hateful, including that pertaining to sexual orientation, or unlawful material or information;
3) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
4) Upload files that contain viruses, worms, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
5) Advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters;
6) Download any file posted by another user of a REALITY BLOG that you know, or reasonably should know, cannot be legally distributed in such manner;
7) Impersonate a celebrity figure, I WANNA BE ON, INC. representative, or similar misrepresentation of identity, whether intentionally or unintentionally, in any manner to post any communications.
8) Do not post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Company’sREALITY BLOGS, except in those areas that are designated for such a purpose. Do not intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing I WANNA BE ON, INC.’S REALITY BLOGS or in connection with your use of Company Blogs in any manner.
E. You acknowledge that all REALITY BLOG postings are public and not private communications.
F. I WANNA BE ON, INC. reserves the right for any reason to remove without notice any REALITY BLOG posting, but has no obligation to delete content that you may find objectionable or offensive.
G. This site may contain links to other Web Sites which are completely independent of this Web Site. We make no representation or warranty as to the accuracy, completeness or authenticity of the information or opinions contained in any such linked Web Site, and any link to another Web Site shall not in any manner be construed as an endorsement by us of that Web Site, or of the products or services described therein
H. Users of this Web Site should not rely upon opinions expressed at this Web Site when making business, financial, personal, career, or other decisions. Additionally, we do not endorse, either explicitly or implicitly, the opinions of third parties expressed our Web pages or linked Web Sites.
I. By posting to a REALITY BLOG you agree that I WANNA BE ON, INC. can display, modify, transmit, distribute or delete your posting without needing further permission from You. I WANNA BE ON, INC. does not edit postings and are not responsible for the content of posted comments or images. Postings may be removed by I WANNA BE ON, INC. at any time at our sole discretion.
J. I WANNA BE ON, INC. reserves the right to monitor some, all, or no areas of our REALITY BLOGS for adherence to the TOS, general propriety or other rules that may be published from time to time. You acknowledge that by providing you with the ability to distribute your content, I WANNA BE ON, INC. is acting as a passive conduit for such distribution and I WANNA BE ON, INC. is not undertaking any obligation or liability relating to any content or activities in a topic area.
YOUR CONFIDENTIAL USE OF THIS SITE CANNOT BE GUARANTEED BY US. WE SHALL NOT BE RESPONSIBLE FOR ANY HARM THAT YOU OR ANY PERSON MAY SUFFER AS A RESULT OF A BREACH OF CONFIDENTIALITY IN RESPECT TO YOUR USE OF THIS SITE.
V. Limitation of Damages
Under no circumstances, without limitation, will we, our officers, employees, contractors, subcontractors, suppliers, agents, affiliates, subsidiaries, successors or assigns be liable to any party for any direct, indirect, special or other consequential damages for any use of this Web Site or the Company’s services, or use of any other linked Web Site, even if we are expressly advised of the possibility of such damages. The term “damages” includes, without limitation, attorney fees, any lost profits, business interruption and loss of programs or other data on your information handling system.
I WANNA BE ON, INC. holds all right, title and interest (including all copyrights, trademarks and other intellectual property rights) in our Web Site and related materials. In addition, the names, images and other indicia identifying our products and services are our proprietary marks. All other copyrights, trademarks and other intellectual property rights referred to in this Web Site belong to their respective owners.
VII. Linking to this Web Site.
Please feel free to link to this Web Site. You may provide links to this Web Site provided (i) you do not remove or obscure the copyright notice, or other notices on this Web Site, (ii) you discontinue providing a link to this Site if instructed to do so by us. You may not frame this Web site or deep link to any Web page on this Web site without our express written permission.
We have included the following information in compliance with the Digital Millennium Copyright Act of 1998, (see the U.S. Government Copyright Office Web page at www.loc.gov/copyright/legislation/dmca.pdf.) .
If you believe that your copyrighted work has been copied in a manner that constitutes infringement, please provide our copyright agent with the following information:
1) An electronic signature of the person that is authorized to act on behalf of the owner of the copyright interest;
2) A description of the location on the Web site of the material you claim is infringing;
3) A description of the infringing material;
4) A description of the copyrighted work you claim is being infringed;
5) Your name, address, telephone number, and email address;
6) A statement by you that you have a good faith belief that the work that you claim is being infringed is protected by copyright and that its use is not licensed or authorized by the copyright owner, its agent, or the law; and
7) A statement by you, made under penalty of perjury, that the above information in your notification to us is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please note that any misrepresentation of material facts will subject the offending party to claims for damages and attorneys fees.
Our Copyright Agent:
Please contact:Copyright@IWannaBeOn.com and Add COPYRIGHT INFRINGEMENT IN THE Subject LINE.
The TOS incorporates by reference any notices contained on the Web Site and constitute the entire agreement with respect to access to and use of the Web Site, as well as producing and consulting services. If any provision of the TOS is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
The section titles contained in the TOS are for convenience only and have no legal or contractual effect.
Any violations of the TOS should be reported to: TOS@IWannaBeOn.com and Add TOS VIOLATION in the Subject Line.