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Terms of Service
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR
USE OF THIS SITE CAREFULLY.
By using this site, you are deemed to have agreed to these terms and
conditions of use. We reserve the right to modify them at any time.
You should check these terms and conditions periodically for
changes. By using this site after we post any changes to these terms
and conditions, you agree to accept those changes, whether or not
you have reviewed them. If at any time you choose not to accept
these terms and conditions of use, please do not use this site.
Scope of Terms and Conditions
These terms and conditions apply to your use of all of the sites and
services owned or operated by Sirius Fun Entertainment and
affiliated companies (collectively "we," "us,"
or "our"), including theactorslife.com,
extraordinaryactor.com, and any other site that we have owned or
operated, do own and operate or may own or operate in the future
(collectively, the "Sites"). Unless we say otherwise, all
references to the Sites in these terms and conditions include all
such sites. These terms and conditions do not apply to your use of
unaffiliated sites to which any of the Sites only links.
Restrictions on Use of Materials
The contents of our sites are protected by copyright and trademark
laws, and are the property of their owners. Unless we say otherwise,
you may access the materials located within the Sites only for your
personal use. This means you may download one copy of posted
materials on a single computer for personal, noncommercial home use
only, so long as you neither change nor delete any author
attribution, trademark, legend or copyright notice. When you
download copyrighted material you do not obtain any ownership rights
in that material.
You may not modify, copy, publish, display, transmit, adapt or in
any way exploit the content of the Sites. Only if you obtain prior
written consent from us — and from all other entities with an
interest in the relevant intellectual property — may you publish,
display or commercially exploit any material from the Sites.
You must abide by all additional copyright notices or other
restrictions contained in any of the Sites.
Links
These terms and conditions apply only to the Sites, and not to the
sites of any other companies or organizations, including those to
which any of the Sites may link. We are not responsible for the
availability of any other site to which any of the Sites links. We
do not endorse or take responsibility for the contents, advertising,
products or other materials made available through any other site.
Under no circumstances will we be held responsible or liable,
directly or indirectly, for any loss or damage that is caused or
alleged to have been caused to you in connection with your use of,
or reliance on, any content, goods or services available on any
other site. You should direct any concerns to that site's
administrator or webmaster.
Other sites may link to any of the Sites only through a plain-text
link. Permission must be granted by us for any other type of link to
the Sites. To seek our permission, you may contact us directly. We
reserve the right, however, to rescind any permission granted by us
to link through a plain-text link or any other type of link, and to
require termination of any such link to any of the Sites, at our
discretion at any time.
Submissions
We welcome your comments about any of the Sites. However, unless a
site has set up a specific submissions policy, we will not review or
consider any unsolicited creative submissions. We hope you will
understand that this policy is intended to avoid the possibility of
future misunderstandings in the event that projects developed by our
professional staff might seem to others to be similar to their own
creative work. Accordingly, we must ask that you not send us any
original creative ideas, suggestions or materials. If, despite our
request, you send us any creative idea, suggestion or material
("Submission"), it shall become our property. No
Submission will be subject to any obligation of confidence by us,
and we will not be liable for any use or disclosure of any
Submission. We will exclusively own all known or later-existing
rights to the Submission worldwide, and will be entitled to the
unrestricted use of the Submission for any purpose, without
compensation to the provider of the Submission.
If you are submitting something to a site that has set up a
submissions policy, please consult that site for its specific
requirements.
Forums
A "forum" means any message board, chat room, user review
forum, column or other interactive service appearing on any of the
Sites and includes both public boards and private folders. You must
register in accordance with instructions that you will find on the
Sites in order to contribute to any forum. You may not post on any
forum, or send to any other forum user or our employee, any material
that is abusive, vulgar, threatening, harassing, libelous,
defamatory, obscene, invades a person's privacy, violates any
intellectual or other property rights, or that would otherwise
violate any law. You may not use any forum in a commercial manner.
You may not post material that solicits funds, or that advertises or
solicits goods or services. You may not post material known to be
false. You may not post messages that contain stock touts. You may
not post or transmit any information, software or other material
that contains a virus or other harmful component.
We are not responsible for material appearing in any forum on the
Sites, except for material signed by one of our identified
representatives. We are not responsible for screening material
posted by users for libel, obscenity, invasion of privacy, copyright
or trademark infringement, accuracy, or for any other reason. We
retain, however, the right to modify or remove messages or other
material that we, in our sole discretion, consider infringing,
offensive, abusive, defamatory, obscene, stale, or otherwise
unacceptable. We also reserve the right to edit materials for any
other reason. Whether or not we modify or remove such material,
users remain solely responsible for the content of their messages or
postings.
By posting on the Sites, you grant (or warrant that the owner of
such rights has expressly granted) us and/or relevant affiliated
companies the worldwide, perpetual, nonexclusive right to use your
questions, comments, and postings, in their original or edited form,
in television programs, books, articles, commentaries, or in any
other medium now known or later developed. You also warrant that you
own or otherwise control all of the rights to the content you have
posted and that the public posting and use of such content by us
will not infringe the rights of any third party. Additionally, you
warrant that any "moral rights" in posted materials have
been waived.
You are not entitled to any compensation for any materials you may
post on the Sites.
We reserve the right to alter, modify, correct, shorten and/or
change in anyway we deem necesarry submitted questions posted on the
Actors For Actors advice page.
We may, at our discretion, suspend or terminate the registration of
any forum user who violates any of these terms and conditions of
use, any of the member guidelines or for any other behavior that we
in our discretion believe is inappropriate.
Disclaimers
THE SERVICES, PRODUCTS AND MATERIALS ON THIS SITE ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER WE NOR ANY OF OUR
RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS
CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT
MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR
SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN
THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR
SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION TO YOUR SYSTEM. APPLICABLE LAW MAY NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.
We do not endorse, warrant or guarantee any products or services
offered on the Sites. We are not a party to, and do not monitor, any
transaction between users and third party providers of products or
services.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE,
WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY
SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE
INABILITY TO USE, THE MATERIALS ON THE SITES, OR ANY PRODUCTS OR
SERVICES PROVIDED PURSUANT TO THE SITES, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR
LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY
YOU TO US, IF ANY, FOR ACCESSING THE SITES.
No Personal Advice
The information contained in or made available through the Sites
(including but not limited to information contained on message
boards, in text files, or in chats) cannot replace or substitute for
the services of trained professionals in any field, including, but
not limited to, financial, medical, or legal matters. In particular,
you should regularly consult a doctor in all matters relating to
physical or mental health, particularly concerning any symptoms that
may require diagnosis or medical attention. We and our licensors or
suppliers make no representations or warranties concerning any
treatment, action, or application of medication or preparation by
any person following the information offered or provided within or
through the Sites. Neither we nor our partners, or any of their
affiliates, will be liable for any direct, indirect, consequential,
special, exemplary or other damages that may result, including but
not limited to economic loss, injury, illness or death.
Parental Permission
Some of the information available on the Sites may not be
appropriate for children. Further, the Sites are not directed to
children under the age of 13 and we will not knowingly collect
personally identifiable information from children under 13.
WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN'S
EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR
BROWSER'S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO
WHICH THEIR CHILDREN HAVE ACCESS.
We may, at our discretion, require users under 18 to obtain the
consent of a parent or guardian to view certain content, and we may
limit access to certain content to users above a specified age. You
agree to abide by any such restrictions, and not to help anyone
avoid these restrictions.
We reserve the right to charge fees, surcharges and/or membership
fees for all or any of its services currently provided for free at
any time upon thirty (30) days' prior written notice to you.
Privacy Policy
We are committed to protecting your privacy and security and have
explained in detail the steps we take to do so. We urge you to read
our Privacy Policy.
Jurisdictional Issues
We control and operate this site from our offices in the United
States of America. We do not represent that materials on the site
are appropriate or available for use in other locations. Persons who
choose to access this site from other locations do so on their own
initiative, and are responsible for compliance with local laws, if
and to the extent local laws are applicable.
Miscellaneous
These terms will be governed by and construed in accordance with the
laws of the State of California, without regard to any principles of
conflicts of law. You agree that any action at law or in equity that
arises out of or relates to these terms will be subject to binding
arbitration in accordance with the California Arbitration
Association and will be arbitrated in Los Angeles, California. If
any of these terms and conditions are found unlawful, void, or for
any reason unenforceable, then that provision will be considered
severable from the remaining terms and conditions, and will not
affect the validity and enforceability of the remaining provisions.
This is the entire agreement between you and us relating to the
subject matter it contains. This agreement may be modified only by
our posting of changes to these terms and conditions, or by a
writing signed by both parties.
(Last modified on June 2004.)
Online Privacy Policy
We are committed to protecting the privacy and security of the users
of our sites.
This privacy policy will advise you about how we protect your
personal information, and about what choices you have concerning our
use of such information. Please read this policy carefully. We may
need to change this policy from time to time in order to address new
issues and reflect changes on our sites. We will post those changes
here so that you will always know what information we gather, how we
might use that information, and whether we will disclose that
information to anyone. Please refer back to this policy regularly.
Scope of Privacy Policy
This policy applies to your use of all of the sites and services
owned or operated by Bluebird House, and affiliated companies,
including companies controlled by Sirius Fun (collectively
"we," "us," or "our"), including
theactorslife.com, extraordinaryactor.com and any other site that we
may own or operate currently or in the future (collectively, the
"Sites"). Unless we say otherwise, all references to the
Sites in this policy include all such sites. This policy does not
apply to your use of unaffiliated sites to which any of the Sites
only link. This policy covers only information collected on the
Sites and does not cover any information collected offline by us.
Personal Identification Information
We may request personal identification information from you in
connection with your use of, or participation in, membership
registration for thepeanutpeople.com, our contests, games, surveys,
forums, bulletin boards, discussion groups, requests for
suggestions, visitors' requests for free products or services or
additional information (including via email to us), and in
connection with other activities, services or resources we make
available on any of our sites. In all of these cases, we will
collect personal identification information from you only if you
voluntarily submit such information to us. We will never
intentionally disclose any personal identification information about
you as an individual user (such as, for example, your full name,
street address, telephone number, credit card number or e-mail
address) to any third party without having received your permission.
If you do provide us with personal information for any of these
activities, we may use it to conduct the activity. We may also use
cookie technology (discussed in detail below) to improve your
experience of these activities, including to remember your
preferences, customize the content and advertisements that you see
or authenticate your access to your personal information. In
addition, in the event your personally identifiable information is
requested as part of our surveys or polls, such personally
identifiable information may be added to your registration
information).
We may also contact you to confirm your registration and about your
account status (for example, when a child enters a new age group to
which different policies apply), and regarding changes to the Sites'
Terms and Conditions and this Privacy Policy.
If you give us your permission, we may also use personal
identification information for internal or external marketing and
promotional purposes. On occasion, for example, we may send you
e-mails to introduce a product or service that we think might be of
interest to the users of our sites. For us to obtain your permission
to send you this information, we will give you an opportunity to
"opt-in" at the time our request for your personal
information is made. If you do "opt-in," you may choose to
"opt-out" at any time, even after you have provided
personal information, by following the procedures set forth below at
the end of this Privacy Policy. Please note, however, that under
certain circumstances, if you initially do not choose to
"opt-in," or if you later "opt-out," you may not
be eligible for certain benefits for which a name, e-mail address,
telephone number or other personal identification information is
needed.
We have the following exceptions to these policies: We will release
specific information about you or your account to comply with any
valid legal inquiry or process such as a search warrant, subpoena,
statute or court order. We will also release specific information in
special cases, such as if there is an attempted breach of the
security of the Sites, or a physical or property threat to you or
others. We may also transfer user information, including personally
identifiable information, in connection with a corporate merger,
consolidation, the sale of related assets or corporate division or
other fundamental corporate change.
Please note that if you give out personal information online -- for
example, on one of our public forums such as a message board or chat
room, folder, chat IM feature -- that information can be collected
and used by third parties. Although we strive to protect our users'
privacy, we cannot guarantee the security of information you post in
these forums. You disclose such information at your own risk.
You are responsible for maintaining the confidentiality of your
information and password. You shall be responsible for all uses of
your registration, whether or not authorized by you. You agree to
immediately notify us of any unauthorized use of your registration
or password.
Non-Personal Identification Information
We collect non-personal identification information through the use
of:
"Cookie" technology: A "cookie" is an element of
data that a web site can send to your browser, which may then store
it on your system.
"IP address tracking": An IP address is a number that is
assigned to your computer when you are on the Internet. When you
request pages from our Sites, our servers log your IP address.
"Web beacons": A Web beacon, or "clear gif", is
a small graphic image on a webpage or web-based document that a web
site can use to determine information about a user.
Non-personal identification information might include the browser
you use, the type of computer, technical information about your
means of connection to our site-such as the operating systems and
the Internet service providers utilized, and other similar
information. Our systems may also automatically gather information
about the areas you visit and search terms you utilize on our sites
and about the links you may select from within our site to other
areas of the World Wide Web or elsewhere online
We use such information to administer the site and, in the
aggregate, to understand how our users as a group use the services
and resources provided on our sites. This way we know which areas of
our sites are favorites of our users, which areas need improvement,
and what technologies are being used so that we may continually
improve our sites.
We may share this aggregate statistical information with our
partners, suppliers and other third parties, but we will not share
any individual names, personal navigational or other personal
information. For example, we may use a third-party advertising
company to serve ads when you visit our Sites. We may share
demographic and preference information with this company to allow
them to display appropriate advertisements for you.
Some of our advertisers may display ads on our sites which solicit
or contain technology to collect information about our users for the
advertisers, but we will not permit such advertisers to collect any
personal information from our users within our sites.
In addition, thepeanutpeople.com and/or a third party research
company may set cookies to collect non-personal identification
information regarding your exposure to certain advertisements on
thepeanutpeople.com and for purposes of soliciting you on a
voluntary basis in research efforts.
Most browsers are set to accept cookies. You can set your browser to
refuse cookies, or to alert you when cookies are being sent. If you
do so, please note that some parts of the Sites, such as message
boards, may not function properly.
Privacy of Children
We understand that young people need special safeguards and privacy
protection. We realize that they may not understand all the
provisions of our policy or be able to make thoughtful decisions
about the choices that are made available to our adult users. We
strongly urge all parents to participate in their children's
exploration of the Internet and any online services, and to teach
their children about protecting their personal information while
online.
The Sites are not directed to children under the age of 13. We
prohibit registration by children under the age of 13 for all
interactive portions of the Sites including chats and message
boards. We will not knowingly collect personally identifiable
information from children under 13.
We may, at our discretion, require users under 18 to obtain the
consent of a parent or guardian to view certain content, and we may
limit access to certain content to users above a specified age. You
agree to abide by any such restrictions, and not to help anyone
avoid these restrictions.
Links To Other Sites
Users will find advertising or other content on our sites that link
to the sites and services of our partners, suppliers, advertisers,
sponsors, licensors and other third parties. We do not control the
contents or links that appear on these sites. In addition, these
sites or services, including their contents and links, may be
constantly changing. These sites and services may have their own
privacy policies and customer service policies, or no policy
(policies) at all. We encourage you to review the privacy policies
of any third party sites or services before providing any of them
with your personal information.
Security Policy
Protecting your privacy and your information is a top priority. We
have taken careful measures to secure both your information and our
physical premises. We exercise great care in providing safe
transmission of your information from your PC to our servers (unless
sent by a means outside of our control, such as e-mail).
Choice/Opt-Out
If you "opt-in" to receive information from us or others,
you can change your mind later. If at any time you would like to
stop receiving such information or opt-out of a feature, you may go
back and change your options. You should be aware, however, that it
is not always possible to completely remove or modify information in
our databases and servers although we will always make reasonable
efforts to do so upon your request.
Consent to Transfer
The Sites are operated in the United States. If you are located in
the European Union or elsewhere outside of the United States, please
be aware that any information you provide to us will be transferred
to the United States. By using our Web Site, participating in any of
our services and/or providing us with your information, you consent
to this transfer.
Your Acceptance of These Terms
By using any of the Sites, you signify your acceptance of our
Privacy Policy. If you do not agree to this policy, please do not
use our sites. Your continued use of the Sites following the posting
of changes to these terms will mean that you accept those changes
(Last modified on June 2004.)
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