- Category: Legal Notices
- Written by Displaymode Media
Welcome to Displaymode Media! -
Our web service is provided for your personal entertainment, information and communication purposes through our featured content & interactive functionality.
Talent Listing Service
Displaymode Media is a creative photography, local event coverage and talent listing service. This is not a talent agency agreement, or contract. The remainder of this document will focus on the Talent Listing component of our operations for clarity.
Your Right to Cancel
If you cancel, all fees you have paid must be refunded to you within ten (10) business days after delivery of the cancellation notice to the talent service. After the 10 day cancellation period set forth herein has ended, no refund of any kind will be permitted. Notwithstanding the foregoing, fees paid for the posting of casting calls are non-refundable.
You acknowledge and agree that Displaymode Media (i) is not an employment agency, casting agent, talent agent, agency, manager, producer or a production company; (ii) does not procure, attempt to procure, get, gain, or retain employment, engagements, employment opportunities, auditions, jobs, bookings, castings, a talent agent or manager for you or its members; (iii) does not manage or direct the development of the careers, or represent, you or its members; and (iv) does not guarantee an employment opportunity, audition, any amount of income, jobs or employment from the use of its Site. Displaymode Media does not offer advice, managerial directions, or opinions in any casting job, engagement or audition and permits you to submit your information for casting calls through the Displaymode Media services.
When you create a profile online, that profile is included in a searchable database on the Site, which can be accessed by Members and non-Members. We cannot control the use of any information that is in your profile by any third party. Therefore, you should be careful not to include any personal information in your profile, including your phone number, address, email address, bank account information, or other personal information. Any such posting is done at your sole risk.
We do also provide user management and privacy tools, such as GDPR Compliance tools to manage all such data pertaining to you that are accessible only when logged into the site. that menu item appears when logged in.
Content on the Site
You understand that all information, data, text, sound, photographs, graphics, video, messages, software, tags, advertisements or other materials, excluding our Site Content as defined below (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. You control all Content that you upload, post, transmit or otherwise make available through the Displaymode Media services (“Member Content”), which means you, and not Displaymode Media are responsible for any liability associated with such Content that you post, transmit, or otherwise make available through the Displaymode Media services. We do not control the Content posted through the Displaymode Media services site and, as such, we do not guarantee the accuracy, integrity, or quality of such Content and disclaim any and all liability in connection with such Content.
The opinions expressed in postings or other Content provided through the Displaymode Media services are not necessarily those of Displaymode Media or its owner, content providers, advertisers, sponsors, affiliated or related entities. Administrators and moderators are not our agents and their opinions, comments and posts are their own. You understand that by using the Displaymode Media services you may be exposed to Content that is inaccurate, offensive, indecent, objectionable or that contains errors or omissions. You understand that we reserve the right, but are not obligated, to pre-screen, regularly review, monitor, delete or otherwise change the Content associated with the Displaymode Media services. We do however, reserve the right to do so at any time in our sole discretion for any reason or no reason, and to delete any Content with or without notice. Under no circumstances will we be liable in any way for Content, including but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available through the Displaymode Media services.
Responsibility for Your Content (Member Content)
Because Displaymode Media does not permit infringement of intellectual property rights through the Displaymode Media services, we will remove all Member Content if properly notified that such Site Content or Member Content infringes on another’s intellectual property rights and at our sole discretion.
Displaymode Media does not endorse any Member Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Member Content. You agree that you will not submit Member Content that violates the Rules, or material contrary to applicable local, national, and international laws and regulations.
Member Content: Ownership and Licenses
Notwithstanding the foregoing, you understand and agree that once Member Content is made public or otherwise incorporated into other aspects of the Displaymode Media services by either by you, Displaymode Media, or other Displaymode Media members, then you may not be entitled to access, update, or delete such Member Consent. Such Member Content may continue to appear and be used through the Displaymode Media services pursuant to the license granted herein, and Displaymode Media is under no obligation to delete, ask, or require other Displaymode Media members to delete Member Content, such as comments you posted in forums or on images, and therefore, such Member Content may continue to appear and be used through the Displaymode Media services indefinitely pursuant to an irrevocable, worldwide, royalty-free license.
What We Own
All material we make available on the Site and through the Displaymode Media services, including, but not limited to, software, software documentation, all informational text, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images and other materials whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Site Content”), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark and trade secret and other intellectual property laws.
All Displaymode Media trademarks and service marks, logos, slogans and taglines are the property of Displaymode Media. All other trademarks, services marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on Displaymode Media without our express written permission, or the express written permission of such third party that may own the trademarks, service mark, logo, slogan or tagline.
Permitted Use of Content
You may access Member Content for your information and personal, non-commercial use solely as intended through the provided functionality of the Displaymode Media Services.
Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of disabling or terminating, in appropriate circumstances and at our sole discretion, the account of any Displaymode Media member who infringes the intellectual property rights of you, us, or any third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us by following our DMCA notification procedure.
In order to participate in the Displaymode Media web service, you must meet the eligibility requirements for membership and create an account. You represent and warrant that all information you provide during our Request for Invitation process, Registration and throughout the Site is truthful, accurate and complete and that you will update and maintain the accuracy of such information. All members will receive a password and are responsible for maintaining confidentiality of such password, including account information through our GDPR Compliance tools (that are visible when logged into our site/service). Each member’s right to use the Displaymode Media web service is personal to the member and members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized.
You agree to notify Displaymode Media of any unauthorized use of your account, or any other breach of security known or that should be known to you. You acknowledge and agree that you are solely responsible for your interaction with other members of the Site, and that we have no obligation to monitor or resolve disputes between members of the Site.
• Act as an agent, affiliate or representative of the Displaymode Media service and utilize the Displaymode Media services or Member Content or Site Content for any commercial purpose other than for which the Displaymode Media services is intended without our express written permission,
• Access, monitor or copy any content or information of the Displaymode Media services using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission,
• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure, or
• “Frame,” “mirror” or otherwise incorporate any part of the Displaymode Media services into any other website without our prior written permission.
You agree not to use the Displaymode Media services for any commercial use, without the prior written authorization of Displaymode Media. Prohibited commercial uses include any of the following actions taken without our express approval:
• Sale of access to the Displaymode Media services on another website,
• Use of the Displaymode Media services for the primary purpose of gaining advertising or subscription revenue,
• Sale of advertising on the Displaymode Media services or any third-party website, targeted specific Member Content or Site Content, and
• Use of the Displaymode Media services that we find, in our sole discretion, to use our resources or Member Content with the effect of competing with or displacing the market for the Displaymode Media services, Site Content, or Member Content.
Unauthorized commercial uses do not include uploading Member Content to the Displaymode Media Services to promote your business or artistic enterprise, or any use that Displaymode Media expressly authorizes in writing.
In addition, the following behaviors or activities are strictly prohibited when using the Displaymode Media services by any member or Displaymode Media services user:
• Strong, vulgar, obscene or otherwise harmful language,
• Racially, ethnically or otherwise, objectionable language,
• Failure to respond within reasonable time to Displaymode Media staff messaging,
• Harassing, intimidating, stalking or threatening other Displaymode Media members,
• Libelous, defamatory or otherwise tortious language,
• Online vandalism,
• Impersonation of another person,
• Posting, distributing, transmitting or promoting illegal Content,
• Using fraudulent means to obtain money or personal information from Users,
• Posting fake casting calls or notices for any purpose, including illegal purposes,
• Invasion of another’s privacy,
• Actions that are hurtful to minors,
• Using the Site to do anything unlawful, harmful, malicious, misleading, fraudulent or discriminatory,
• Using the Site if you are a convicted sex offender,
• Posting, providing, transmitting or otherwise making available any materials or information infringing on the rights of a third party,
• Posting, providing, transmitting or otherwise making available any junk mail or spam, and
• Posting, uploading, emailing or otherwise transmitting any material that contains any malicious computer code, or reverse engineering or hacking any materials associated with the Displaymode Media services,
• Soliciting the log-in information or accessing an account belonging to someone else.
Termination of Service
Membership Fees / Refund Policy
Membership fees are charged up-front. Displaymode Media does not provide refunds or credits for any membership fees. Downgrades to a less expensive membership or cancellation of any membership or termination of any membership will not result in any refund or credit of fees already paid. The cancellation or downgrade of a membership will go into effect at the end of the then-current billing cycle. We may offer other paid services or features associated with the Displaymode Media Services, subject to specified terms and conditions, which are incorporated by this reference.
The Displaymode Media Services may provide links to other websites or resources and other websites may provide links to our Site with or without authorization. Because we have no control over such third party websites and resources, you acknowledge and agree that Displaymode Media is not responsible for the availability of such external websites and resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such third party websites or resources.
Child Online Protection Act Notification
We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at ParentalSoftware.org’s website (http://www.parentalsoftware.org/). We do not endorse any of the products or services listed on that website.
Displaymode Media is a registered trademark and logo. You agree that all Displaymode Media’s trademarks, including Displaymode Media trade names, service marks, logos and service names are trademarks and the property of Displaymode Media. Without our prior permission, you agree not to display or use in any manner any Displaymode Media mark. All trademarks included in the Displaymode Media web services not owned by Displaymode Media are the property of their respective owners. Nothing contained on the Displaymode Media Services may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark.
Disclaimer of Warranties / Limitation of Liability
You understand and agree that the Displaymode Media services are provided “AS-IS” or “AS AVAILABLE,” and that we assume no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Displaymode Media services, nor do we assume any liability for the failure to store or maintain any user communications or personal settings.
Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law, if any, apply unless they are required to apply by law, notwithstanding their exclusion by contract.
We disclaim all liability for any loss or damage arising out of your communications or dealings with any of the businesses, advertisers, Displaymode Media members or users of the Displaymode Media web service. Your communications or dealings with such businesses, advertisers, members and users are solely between you and them, although we reserve the right to monitor disputes between you and them.
Our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action, shall at all times be limited to the greater of (A) the amount paid, if any, by you to us in connection with the Displaymode Media Services in the 12 months prior to the action giving rise to the liability, or (B) US$100.00. You and Displaymode Media agree that any cause of action arising out of or related to the Displaymode Media services must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.
If you promote a contest, sweepstakes or giveaway on Displaymode Media without our express, advanced approval, you do so at your risk and you assume all risk and liability; you further agree to hold Displaymode Media harmless from any claim, demand or damages. governing law.
Dispute Resolution; Arbitration
The parties agree to arbitrate only in their individual capacity, not as a representative or member of a class. No claims may be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.
Governing Law; Jurisdiction
The aforementioned choice of venue is intended by to be mandatory, and not permissive, in nature. Regardless of any statute or law to the contrary, any such claim or cause of action must be filed within one (1) year after such claim or cause of action arose or be forever barred. All claims not subject to the section titled Dispute Resolution must be resolved in accordance with this section titled Governing Law. All claims filed or brought contrary to this section will be considered improperly filed. Should either party file a claim contrary to this section, the non-filing party shall be entitled to seek to recover reasonable attorneys’ fees and costs provided that the non-filing party has notified the filing party in writing of the improperly filed claim and the filing party has failed to properly withdraw the claim.
The Displaymode Media Web Services are controlled and offered by Displaymode Media in the United States and we make no representation that materials associated with the Displaymode Media Services are appropriate or available for use in other locations, and accessing them from jurisdictions where the content is illegal is prohibited. Those who choose to use or access the Displaymode Media Services from other jurisdictions do so at their own initiative and are responsible for compliance with local laws.
Last Revised: January 01, 2022