SECTION 1: INTRODUCTION & ACCEPTANCE OF TERMS
By using the Website, you agree to be bound by these Terms. If you do not accept these Terms and all the policies and documents incorporated herein by reference in their entirety, you may not use any part of the Website.
To the extent permitted by applicable law, we may, at any time, amend these Terms, including any features or functionality of the Website, without prior notice to you, by posting a revised version of the Terms and/or a notification about changes made to features or functionality of the Website. Any revisions to these Terms or changes to the Website will take effect when a revised version or a notification is posted on the Website unless otherwise stated. Your continued use of the Website after the revision date constitutes (a) your acceptance of revised Terms and/or changes in Website and (b) agreement to be bound by any such revised terms and conditions.
SECTION 2: HOW WEBSITE WORKS
The Website is an online database that allows producers, studio executives, casting directors, advertising agencies, and hiring managers (collectively, “Hiring Managers and Executives”) to discover both established and emerging Middle Eastern, North African and South Asian actors, writers, directors, producers and film and TV crew members (“MENASA talent”). The Organization’s goal is to make sure that MENASA talent is no longer excluded from entertainment industry initiatives and projects.
The Website does not provide messaging or communication options. Hiring Managers and Executives are free to contact MENASA talent directly by finding their contact information on their respective profile pages.
MENASA talent and Hiring Managers and Executives are solely responsible for all interactions, conversations, and any form of communication and behavior between one another. We do not endorse, hire or employ any MENASA talent, Hiring Manager, or Executive.
We reserve the right to terminate any user’s Account (as defined below) if we believe that any such user violated these Terms or any policy incorporated herein by reference.
SECTION 3: WHO MAY USE & REGISTER ON WEBSITE
MENASA Talent. Any talent of Middle Eastern, North African or South Asian descent may obtain his/her own Account (as defined below) on the Website, provided that the talent has reached the age of majority in his/her state of residence. Should the MENASA talent be a minor, a parent or legal guardian may open an Account on his/her behalf.
To be added to our database, you must have:
Having a verifiable credit (a credit with a legitimate production available on IMDB) on projects including animation, film, television, commercial, industrial, gaming, music video or the web, can increase your visibility, however, it is not a requirement to join our talent database.
Hiring Managers and Executives Hiring Managers and Executives may access the MENASA talent database as a partner or patron to MENA Arts Advocacy Coalition, or connect with us by filing out all forms in profile creation for administrative approval. You must be approved as a partner or patron of site to gain access to our talent. Any Hiring Manager or Executive (including producers, studio executives, casting directors, and advertising agencies) may sign up for a subscription (as detailed below) if they are not a partners to MENA Arts Advocacy Coalition. The Organization may offer, from time to time, and at its own discretion, a 24-hour free trial solely for the benefit of Hiring Managers and Executives. The MENASA talent may not take advantage of any such 24-hour free trial.
SECTION 4: YOUR ACCOUNT
Registering for Account. You may get access to all features of the Website by signing up for an account (“Account”). When you register for an Account, you will be asked to provide certain information about yourself. By registering for an Account, you represent and warrant that: (a) all required information you submit is truthful and accurate, (b) you will maintain the accuracy of such information, (c) you do not impersonate any person or entity, including any Organization’s employees or representatives, (d) you will not use multiple emails to open up multiple Accounts for a single individual or entity, and (d) you have reached the age of majority in your state of residence.
Registering as Entity. If you register for an Account on behalf of an entity, you represent and warrant that you have the authority to bind that entity to this Agreement. In that event, “you,” “your,” or “user” will refer and apply to that entity.
Confidentiality and Security of Your Login Information. You shall be responsible for (i) maintaining and ensuring the confidentiality and security of your Account’s login information, and (ii) all activities that are conducted under your Account. By using your Account, you acknowledge and agree that our account security procedures are commercially reasonable. You agree to immediately notify us in the event of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to keep your login information in confidence.
Free Accounts for Talent. Opening a Talent Account is free of charge. Updating photos is also free of charge. When you register for an Account, it is your responsibility to create a profile page and complete all the required fields so you are easily searchable in the system. Leave no box empty. You will also have an option to upload a resume with credits and links to your website(s) or reel(s).
Subscription for Hiring Managers and Executives. Hiring Managers and Executives may access the MENASA talent database as a partner or patron to MENA Arts Advocacy Coalition, or connect with us by filing out all forms in profile creation for administrative approval. You must be approved as a partner or patron of site to gain access to our talent. The option to join on a subscription basis, is optional, if your team or project is not on-boarded with MAAC is available. Hiring Managers and Executives may access the whole MENASA talent database by purchasing a subscription billed on a monthly basis via PayPal. The monthly subscription is equal to $99/month and can be cancelled at any time. However, the subscription fees are non-refundable and any cancellation of the subscription will terminate access to the MENASA database at the end of then current billing cycle.
SECTION 5: RIGHT AND RESTRICTIONS TO USE WEBSITE
License. Subject to the terms and conditions of these Terms, the Organization grants you a worldwide, non-transferable and non-exclusive license of the right to use the Website.
Restricted Uses. The right granted to you in the present Terms is subject to the following restrictions:
Violation of any of the above may be subject to termination of your Account.
Ownership. We and our licensors and partners (if any and where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Website. The Website is licensed to you; this means that the Website is under no circumstances sold/transferred to you. Indeed, the present Terms do not convey to you any rights of ownership in or related to the Website. Our name, logo, and other names associated with the Website belong to us (or our licensors and partners, if any and where applicable), and no license of the right to use them by implication, estoppel or otherwise is granted to you hereunder. We (and our licensors and partners, if any and where applicable) reserve all rights not granted in these Terms.
SECTION 6: YOUR CONTENT
Content. Any user may post, upload, display, share, and otherwise make available resumes, photographs, audio and audiovisual clips, artwork, text, and other information and materials on the Website (collectively, “Content“). Users are solely responsible for the Content they post, upload, display, share, and otherwise make available on or through the Website, including its accuracy, legality, and appropriateness and we do not assume any liability for any Content posted by any user.
Your Representations and Warranties with Regard to Your Content. You represent and warrant that: (i) you own the Content and/or you have the right to use it, (ii) by posting, uploading, displaying, sharing, or otherwise making your Content available via the Website you do not violate any law, privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity; (iii) your Content does not and will not contain sexually explicit content or pornography; (iv) your Content does not contain hateful, defamatory, discriminatory, unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable information or imagery and does not incite hatred against any individual or group, and (v) your Content does not contain any solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us).
Ownership of Content. You and your licensors (if any) retain any and all of your rights to any Content you post, upload, display, share or otherwise make available on or through the Website and you and your licensors (if any) are responsible for protecting those rights. We take no responsibility and assume no liability for Content you post, upload, display, or share on or through the Website.
Copyright/DMCA Policy. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website, please contact us immediately at email@example.com. We reserve the right to terminate the Account of anyone found to be infringing one’s copyright or violating any provisions of these Terms.
Our Right to Remove Your Content. We reserve the right at our sole discretion to remove any Content that we feel in our judgment does not comply with these Terms, along with any Content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. Moreover, we are not responsible for any delay or failure in removing such Content. If you post Content that we choose to remove, you hereby consent to waive any claim against us.
SECTION 7: DISCLAIMERS; NO GUARANTEES; LIMITED LIABILITY
We cannot guarantee and do not promise any specific results from use of the Website. Specifically, creating a profile on the Website does not guarantee that you will be hired for a job. It is our goal to provide our community with more direct ways to be seen and considered for work across all disciplines of the industry. We do not operate the Website, with the goal of making a commission out of exposing the MENASA talent to the Hiring Managers and Executives. We are a non-profit organization that promotes diversity in the entertainment industry, and increases awareness about and visibility of the MENASA talent by creating this Website. However, as a talent you must recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Organization.
The Website is provided on ‘as is’ and ‘as available’ basis, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that your use of the Website will be uninterrupted, timely, secure or error-free. We do not warrant that the use of the Website will meet your expectations. Occasionally some information on the Website may contain typographical errors, inaccuracies or omissions.
We reserve the right, at any time, to modify, suspend, or discontinue the operation of the Website or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of operation of the Website or any part thereof. Any future release, update, or other addition to any of functionalities of the Website shall be subject to the terms and conditions of these Terms.
We disclaim all, and assume no responsibility for, evaluating or verifying the accuracy, suitability, truthfulness or authenticity of any Content posted by any user on the Website. We assume no responsibility for ensuring a user’s compliance with any applicable laws, rules and regulations or these Terms.
We make no representations or warranties as to the conduct of Website users. You are solely responsible for your interactions with other users of the Website. You agree to take reasonable precautions in all interactions with other users of the Website. We are not responsible for the use of any personal information that you disclose on the Website. Please carefully select the type of information that you post on the Website. You may post contact information of your agent, if you have one.
Under no circumstances will we or any of our employees, officers, agents, partners, or affiliates be responsible for any loss or damage, including personal injury, emotional distress, death and/or any other damages resulting from your use of the Website, any content posted on the Website, or any interactions between you and other users of the Website, whether online or offline.
SECTION 8: ADA COMPLIANCE
ADA stands for Americans with Disabilities Act. The Americans with Disabilities Act is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all other places open to the general public, including digital assets such as websites and applications. The Organization strives to make sure the Website is accessible to all persons. Should you have difficulty accessing the Website, please contact us at firstname.lastname@example.org.
SECTION 9: DISPUTE RESOLUTION
Disputes Among Users. You agree to use your best efforts to settle any dispute you may have with any other users of the Website in an amicable way by mutual negotiations. However, should an amicable settlement between you and another user be impossible, you may pursue the issue independently. You acknowledge and agree that the Organization will not and is not obligated to provide any dispute assistance under these Terms.
Disputes Between User and Organization. You agree to use your best efforts to settle any complaint you may have against the Organization in an amicable way by mutual negotiations. However, should an amicable settlement between you and the Organization be impossible, disputes between you and the Organization (a) shall be governed by and interpreted in accordance with the laws of the State of California, USA without regard to principles of conflict of laws and (b) shall be settled by binding arbitration in the State of California or another location mutually agreeable to you and the Organization. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association.
SECTION 10: GENERAL PROVISIONS
Term. These Terms will remain in full force and effect while you use the Website and/or are a registered user. You may deactivate your Account and thus terminate these Terms at any time and for any reason, by contacting the Organization. We may terminate your Account if we find that you have breached these Terms. When your Account is terminated, all provisions that by their nature may survive termination of these Terms shall be deemed to survive such termination.
No Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets, or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.
Severability. If any provision of these Terms is, for any reason, held to be invalid, illegal, void or unenforceable, the remainder of the Terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction.
Consent to Electronic Notices. You consent to the use of (a) electronic means to execute these Terms and to deliver any notices (including complaints) pursuant to these Terms, and (b) electronic records to store information related to these Terms or your use of the Website. Notices (including complaints) hereunder shall be invalid unless made in writing and given (a) by the Organization via email (to the email address that you provide), (b) a posting on the Website or (c) by you via email to email@example.com, or to such other email addresses as the Organization may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
Mailing Address: 13400 Ventura Blvd, Suite 303 Sherman Oaks, CA 91423