Terms of Service

Misfits Audio Productions Terms of Service

Introduction

You have reached Misfits Audio Productions, misfitsaudio.com owned and operated by John Tadrzak.  Misfits Audio Productions, misfitsaudio.com provides this site and its features and services subject to certain conditions, described in these Terms of Service (“Terms”). These Terms govern both your viewing of this site as a non-member, and your membership if you choose to sign up, and remain in effect for as long as you are a member or view this site. It is your responsibility to review these Terms of Service when you visit the site, as any changes to the Terms of Service will be posted here. By reading, accessing, or otherwise using this site, or by becoming a member of the Misfits Audio Productions, misfitsaudio.com website, you are signifying your agreement to these Terms, as follows:

Accessing Site

The minimum age to access this site or to become a member is eighteen. If you are under eighteen, you may not sign up or provide us with any personal information unless your use of the site is approved by a parent or guardian. If it is determined that you are under eighteen, your membership will be revoked immediately unless such permission is provided in writing or is confirmed electronically. Membership in this site is limited to residents of those jurisdictions where the services of Misfits Audio Productions, misfitsaudio.com are legal. This paragraph shall apply to any and all methods of accessing our site, be it by computer, smart phone, text messaging, or otherwise.

Conduct

You agree not to use this site, or any information gathered on this site, for any purpose other than the intended use of this site. This site is intended for the private, personal use of its members only. Examples of the prohibited uses of this site include:

” Commercial use: By using this site or becoming a member, you expressly agree that you will not use this site for any commercial purpose. You agree that you are joining for your personal use, and not as an agent of any other person, corporation, partnership, or organization. You will not gather information provided by members for commercial purposes, nor will you distribute or sell it to non-members. You will not “spam” or otherwise send chain letters, unsolicited commercial emails, instant messages, text messages,postal mailings, or telemarketing calls, to any member of this site based on information obtained as a result of your membership.

” Inappropriate materials: You will not post any information on the site which is libelous, threatening, abusive, profane, offensive, obscene, in violation of copyright or trademark laws, illegal, or otherwise unacceptable. You will not use contact information provided on the site to harass, libel, threaten, or abuse any other member, on or off the website. This provision is considered extremely serious, and violators may be reported to the appropriate law enforcement agency.

” Solicitation: You agree not to utilize this site in any way to solicit other members or prospective members to utilize other casting websites or related services.

Actions of users

While Misfits Audio Productions, misfitsaudio.com will attempt to enforce these policies to the best of its ability, Misfits Audio Productions, misfitsaudio.com cannot be responsible for the actions of casting agencies or other persons seeking talent who obtain access to your actor’s profile, outside of the Misfits Audio Productions, misfitsaudio.com website. You acknowledge that misfitsaudio.com cannot control the behavior or actions of any of its users. Therefore, you agree to hold Misfits Audio Productions, misfitsaudio.com harmless for the results if you choose to provide personal information to other users or to contact them directly. You interact with members of the Misfits Audio Productions, misfitsaudio.com website entirely at your own risk. Misfits Audio Productions, misfitsaudio.com makes no representations or warranties as to the background or character of persons who obtain profile information via its website.

Copyright and Intellectual Property Notice

All pages within this site, and the logos, slogans, trademarks, and other content contained herein, are the property of Misfits Audio Productions, misfitsaudio.com. Except as permitted by the fair use doctrine under U.S. copyright laws, or with the express written permission of Misfits Audio Productions, misfitsaudio.com, you may not copy, reproduce, publish, post, upload, modify, or distribute materials contained on this site in any form. Use of this site constitutes an acknowledgment by you that all exclusive casting listings of Misfits Audio Productions, misfitsaudio.com are the exclusive property of Misfits Audio Productions, misfitsaudio.com and that it has sole and exclusive copyright in such listings, as well as in any collection of listings and original copy and other features, graphics and information covered under the Copyright Act.

Indemnity/Liability

When filling out the various requests for information, you represent that you are authorized to provide the information requested, and agree to indemnify Misfits Audio Productions, misfitsaudio.com from any liability which arises from use of the information for its intended purpose. You also agree that Misfits Audio Productions, misfitsaudio.com may edit or delete any information you provide which, in the sole judgment of Misfits Audio Productions, misfitsaudio.com, is illegal, inappropriate, or otherwise in violation of these Terms.

Furthermore, you agree to indemnify and hold harmless Misfits Audio Productions, misfitsaudio.com and John Tadrzak from any liability to, or claim of liability by, third parties arising from any of your activities as a user of Misfits Audio Productions, misfitsaudio.com.

You waive any claims against Misfits Audio Productions, misfitsaudio.com and John Tadrzak arising from your use of the site in any way, including for any damage to hardware or software arising from such use., In no event whatsoever is Misfits Audio Productions, misfitsaudio.com responsible for any consequential damages arising from your use of the site, and in no case will you be entitled, in the event of a legal claim, to damages greater than the amount of your total accrued membership fees paid.

Privacy

You agree that the use of this website is governed by the Privacy Policy posted elsewhere on this site, and which may also be modified from time to time. You agree to periodically check the site for modifications to the Privacy Policy and to do so when notified of any change by Misfits Audio Productions, misfitsaudio.com.

External Links

From time to time, we may choose to post links on this site, either in the form of text links or advertisements. Please be aware that some of these links may be to sites which are not owned, operated, or controlled by Misfits Audio Productions, misfitsaudio.com. We cannot be responsible for the content of any site outside of our control. We make no representations about these sites whatsoever. By clicking on these links, you acknowledge that you understand the above, and that the policies of use of these external sites may be different than those for this site.

Disclaimer

This site, including all content or information contained within, is provided on an “as is” basis. To the fullest extent permissible by applicable law, Misfits Audio Productions, misfitsaudio.com disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. You assume total responsibility and risk for your use of this site.

Without limiting the above, Misfits Audio Productions, misfitsaudio.com makes no representation or warranty of any kind, express or implied, as to the website’s availability or accessibility, or to the reliability, accuracy, or currency of any information or content contained herein. Moreover, Misfits Audio Productions, misfitsaudio.com makes no representation that this website or any emails or text messages sent from or on behalf of us are free of computer viruses or other harmful components.

Under no circumstances shall Misfits Audio Productions, misfitsaudio.com be liable for any direct, indirect, consequential, or incidental damages that result from the use of or inability to use this site, including but not limited to your reliance on any materials contained herein. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you may have additional rights.

Legal Notice

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

In the event of any dispute arising out of the use of this site, the laws of the state of Ohio shall govern, without giving effect to any principles of conflicts of laws. Misfits Audio Productions, misfitsaudio.com and site users agree to submit to the exclusive jurisdiction of courts sitting in the State of Ohio, and agree not to commence any litigation elsewhere, and waive any jurisdictional, venue, or inconvenient forum objections.

Digital Millennium Copyright Act

    1. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
      • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
      • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
      • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Misfits Audio Productions, misfitsaudio.com’s designated Copyright Agent to receive notifications of claimed infringement is John Tadrzak, Misfits Audio Production, 8133 Olde Eight Road, Northfield Center, OHIO 44067, misfitsaudio@aol.com.

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Misfits Audio Productions, misfitsaudio.com customer service through John Tadrzak.

You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

  1. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
    • Your physical or electronic signature;
    • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
    • A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
    • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Ohio, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Misfits Audio Productions, misfitsaudio.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Misfits Audio Productions, misfitsaudio.com’s sole discretion.

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