PLEASE READ OUR TERMS AND CONDITIONS CAREFULLY. BY USING OUR SITE (INCLUDING NAVIGATING TO, INTERACTING WITH, DOWNLOADING FROM OR IN ANY CAPACITY OF USE WHATSOEVER), YOU ARE CONSETING TO THESE TERMS AND FREELY AGREEING TO BE BOUND BY THE TERMS SET FORTH IN THIS DOCUMENT.
By using www.extrasonavail.com (the “Site” or EXTRAS ON AVAIL LLCTM) you have agreed in advance to these terms and conditions of use (“Terms & Conditions”). You are only authorized to access the Site or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms & Conditions, which constitute an agreement between you and EXTRAS ON AVAIL LLCTM. Please read these Terms & Conditions carefully and save them. If you do not agree with them, you should leave the Site immediately.
EXTRAS ON AVAIL LLCTM reserves the right to modify or amend this Agreement without notice at any time, and such modification will be effective upon posting by EXTRAS ON AVAIL LLCTM on the Site. You agree to be bound by any changes to this Agreement when you use the Site after any such modification is posted. It is therefore important that you read this page regularly to ensure you are updated as to any changes. EXTRAS ON AVAIL LLCTM may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this Agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent. If you become aware of misuse of the Site by any person, please contact the Site Administrator at email@example.com with your concerns.
EXTRAS ON AVAIL LLCTM WORKS AS A CASTING COMPANY BASED OUT OF LOS ANGELES, CA. OUR PRIMARY GOAL IS TO CAST COMMERCIAL BACKGROUND ACTORS IN UNION (SCREEN ACTORS GUILD, AFTRA, ETC) and NON-UNION COMMERCIAL WORK THROUGHOUT THE UNITED STATES, SPECIFICALLY CALIFORNIA. WE MAKE NO DECISIONS ON WHO IS CAST, AS ALL DECISIONS ARE MADE BY PRODUCTION, AGENCY OR CLIENT. WE ARE NOT TO BE HELD RESPONSIBLE, AT ANY TIME, FOR ANY LIABILITY OCCURING DURING YOUR WORK ON A COMMERCIAL PRODUCTION SET. YOUR PARTICIPATION AS A BACKGROUND ACTOR OR IN REGISTERING WITH EXTRAS ON AVAIL LLCTM DOES NOT ENSURE YOU ANY RIGHTS TO WORK OR MANAGEMENT.
FURTHERMORE, NO PART OF THIS SITE, OR ANY CONTENT CONTAINED HEREIN, CAN BE USED, REPRODUCED, SOLD, REDISTRIBUTED, DOWNLOADED OR LINKED IN ANY WAY WITHOUT THE EXPRESS PERMSSION OF EXTRAS ON AVAIL LLC, THE COPYRIGHT HOLDER.
LOG IN REQUIREMENTS: Use of the Site may require you to log in to our secure network to obtain your production information for the next day’s shoot. This information is provide to EXTRAS ON AVAIL LLC by production and/or agency, and your use and/or reliance on this information is at your own risk. You agree to release EXTRAS ON AVAIL LLC of ANY AND ALL LIABILITY from ANY incidents that result as a result of reliance on this information. Before being able to participate, you must send us your updated contact information with accurate, complete and updated registration information (including accurate name, address, e-mail address, wireless phone, and age as required by the Registration Form, and agreeing to these Terms and Conditions).You agree not to (i) register for, activate or use more than one Account; (ii) use a false or misleading address or e-mail address; (iii) present or supply false or misleading information to any entity involved in the EXTRAS ON AVAIL LLC service; (iv) register on behalf of an individual other than yourself, or (v) register on behalf of any group or entity without such group or entity’s written authorization.Any duplicate submissions are subject to cancellation. Only legal U.S. residents who have reached the age of majority may register with EXTRAS ON AVAIL LLC.
PROVISION FOR BACKGROUND ACTORS: EXTRAS ON AVAIL LLCTM works with many different production companies, agencies, casting directors and agents throughout Los Angeles and the United States. EXTRAS ON AVAIL LLCTM takes no part in any casting decisions or efforts towards casting individuals in any role. EXTRAS ON AVAIL LLCTM submits photos of our background and principle talent based on the production needs of our clients, with decisions for casting come from those clients. EXTRAS ON AVAIL LLCTM is not responsible for the lack of work provided to any Talent of our talent pool. We will continue to submit you on jobs in the hope that you are cast, but you acknowledge through these terms and conditions that we are not to be held liable or responsible for your lack of work.
By working on any EXTRAS ON AVAIL LLCTM job, you expressly and irrevocably consent to all terms and conditions in this document, including our code of conduct for set. Furthermore, you release from liability EXTRAS ON AVAIL LLCTM, including its officers, directors, employees, parents, clients – including production, agents, agency, successors, assigns, agents, affiliates, sponsors, advertisers, vendors, contractors, subcontractors, and suppliers in connection therewith.
LINKED SITES: EXTRAS ON AVAIL LLCTM may contain links to other web sites that are completely independent of this Site (“Linked Sites”). Linked Sites are not affiliated with nor reviewed or endorsed by EXTRAS ON AVAIL LLCTM, and EXTRAS ON AVAIL LLCTM makes no representation or warranty as to the content, availability, accuracy, completeness or authenticity of the information or opinions in any such Linked Site. The Linked Sites shall not in any manner be construed as an endorsement by EXTRAS ON AVAIL LLCTM of such Linked Site or the products or services offered therein and EXTRAS ON AVAIL LLCTM is not responsible in any way for the advertising, products, additional links or other materials that are posted in Linked Sites. LINKS may also contain pornographic materials, sexually explicit materials and/or materials that could be deemed inappropriate. By entering a Linked Site you are asserting that you are of LEGAL AGE to do so in your jurisdiction and are allowed to view such materials. EXTRAS ON AVAIL LLCTM will not be responsible, in any way, for any transaction, sale, purchase, virus or any interaction you may have with a Linked Site.
Under no circumstances will EXTRAS ON AVAIL LLCTM be liable, directly or indirectly, for any loss or damage that arises from the use of or the information accessed through Linked Sites. EXTRAS ON AVAIL LLCTM reserves the right, at its discretion, to add, change, decline or remove Linked Sites, without notice, for any reason. You understand and agree that you enter a Linked Site at your own risk, and absolve EXTRAS ON AVAIL LLCTM of any liability in connection therewith.
EXTRAS ON AVAIL LLCTM does not endorse the opinions of third parties expressed on this Site or on linked web sites.
CONTENT ON THE SITE: You acknowledge that EXTRAS ON AVAIL LLCTM will keep confidential records of every actor listed in their talent pool. Confidential information will never be posted directly on our website and will not be transmitted to any production company or client without your express consent (written or oral.) EXTRAS ON AVAIL LLCTM will frequently post production information for actors relating to upcoming jobs. EXTRAS ON AVAIL LLCTM does not pre-screen, monitor, review or edit this material, and cannot be held liable IN ANY WAY for the accuracy of this information or for damages resulting from this information. By logging onto our website at www.extrasonavail.com and obtaining this information – OR by receiving this information through email or phone message system – you are agreeing to release EXTRAS ON AVAIL LLCTM from ALL liability from damages resulting from both the information posted and the upcoming job that you will work. You, and not EXTRAS ON AVAIL LLCTM, remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the material provided by production, agency, agents, casting directors or ANY EXTRAS ON AVAIL LLCTM client.
You acknowledge and agree that EXTRAS ON AVAIL LLCTM may, but is in no event obligated to, disclose personal information for any talent actor if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms & Conditions; (c) respond to claims that any Material violates the rights of third-parties; or (d) protect the rights, property, or personal safety of EXTRAS ON AVAIL LLCTM, its users or the public.EXTRAS ON AVAIL LLCTM keeps personal records in our database indefinitely and any decision to destroy or delete such information is at the sole discretion of EXTRAS ON AVAIL LLCTM.
You understand that the technical processing and transmission of the Site, including navigating the Site, logging in to the Site, downloading from the Site or relying on any information from the Site, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. EXTRAS ON AVAIL LLCTM assumes no responsibility or liability that may occur during this process, including damages suffered by you or other users to the Site. Any or all content on the Site may be purged from time to time without notice to you in EXTRAS ON AVAIL LLCTM’s sole discretion.
You acknowledge and agree that the content you view, submit or post on the Site is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such content. You agree to release EXTRAS ON AVAIL LLCTM from any liability resulting from information, data, text, music, sound, photographs, graphics, video, messages or other materials listed on our site, as it has been provided to us through production or agency.
USER CONDUCT: In visiting, reading and/or submitting information to EXTRAS ON AVAIL LLCTM, you agree without limitation to not use EXTRAS ON AVAIL LLCTM (or its Linked Sites) and services to the following code of conduct. Any violation of ANY code of conduct below – or any other violation deemed inappropriate by EXTRAS ON AVAIL LLCTM – will be immediate grounds for removal from our website and both civil and criminal prosecution may follow. All decisions regarding violations of code of conduct are at the sole discretion of EXTRAS ON AVAIL LLCTM.
- Upload or download, post, publish, reproduce, comment, distribute or otherwise transmit any content of ANY kind, including email, data, text message, music, sound, photograph, graphic, video or message of any sortthat victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Upload or download, post, publish, reproduce, comment, distribute or otherwise transmit any content of ANY kind, including email, data, text message, music, sound, photograph, graphic, video or message of any sortthat is unlawful, harmful, threatening, abusive, harrassing, tortious, defamatory, libelous, deceptive, fraudulent, or hateful to anyone;
- Upload or download or attempt to obtain or obtain ANY work information OF ANY SORT, including wardrobe, call time, call sheets, etc that is not intended for you or a job you are working on, or as a means to inquire about current jobs through EXTRAS ON AVAIL LLCTM that you have not been contacted for;
- Interact with the site in any manner that is not explicitly or implicitely intended for you, including calling the production line and/or attempting reach out to production directly on any EXTRAS ON AVAIL LLCTM matter.
- Upload or download, post, publish, reproduce, comment, distribute or otherwise transmit any content of ANY kind, including email, data, text message, music, sound, photograph, graphic, video or message of any sortthat, in any communicative form that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload or download, post, publish, reproduce, comment, distribute or otherwise transmit any content of ANY kind, including email, data, text message, music, sound, photograph, graphic, video or message of any sortthat, in any communicative form that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload or download, post, publish, reproduce, comment, distribute or otherwise transmit any content of ANY kind, including email, data, text message, music, sound, photograph, graphic, video or message of any sortthat, in any communicative form that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
- Upload or download, post, publish, reproduce, comment, distribute or otherwise transmit any content of ANY kind, including email, data, text message, music, sound, photograph, graphic, video or message of any sortthat, in any communicative form or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, ‘junk mail,’ ‘Spam,’ ‘chain letters,’ ‘pyramid schemes,’ or any other form of solicitation;
- Upload or download, post, publish, reproduce, comment, distribute or otherwise transmit any content of ANY kind, including email, data, text message, music, sound, photograph, graphic, video or message of any sortthat attempts to:
- Harm any person, including minors;
- Stalk or harass another user of this Site;
- Falsely state or otherwise misrepresent yourself as someone else, including falsely impersonating or misrepresenting your affiliation with a person or entity,or forging or otherwise manipulating identifiers in order to disguise the origin of your identity in any form and for any purpose;
- Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Site or its services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the services, or users’ ability to engage in the Site or its services;
- Interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; or
- Intentionally or unintentionally violate any applicable local, state, national or international law.
- Impersonate any person or entity, including, but not limited to, an EXTRAS ON AVAIL LLC employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Act in a manner that adversely affects other Talents’ ability to engage in the Site or Discussion Services;
You understand and agree that your Registration with EXTRAS ON AVAIL LLC is subject to and conditioned upon the following:
- All talent must keep all Account information current at all times. Talent must update their information by visiting the Site. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your use of the Site (or any portion thereof).
- Your continued adherence to these Terms and Conditions and any future modifications thereto. Failure to follow these Terms and Conditions constitute grounds for immediate termination of your association EXTRAS ON AVAIL LLC without further notice at EXTRAS ON AVAIL LLC’s sole discretion. Termination of your association will result in termination of all rights of access and use granted to talent.
- Talent may not knowingly permit or allow any other person to use their account or personal information, including any former Talent whose Talent membership has been terminated.
- EXTRAS ON AVAIL LLC reserves the right to periodically monitor the information of our talent and the Site and may request at any time that a Talent of our talent provide proof in order to verify the accuracy of information INCLUDING SAG/AFTRA Talent membership.
- EXTRAS ON AVAIL LLC may, in its sole discretion, terminate or suspend any talent Talent’s participation in our registration database for breach of these Terms and Conditions, or taking actions that are inconsistent with their intent. EXTRAS ON AVAIL LLC shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms and Conditions or intent of these Terms and Conditions. Any decision EXTRAS ON AVAIL LLC makes relating to termination or suspension of any talent’s future with EXTRAS ON AVAIL LLC shall be final and binding.
- Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Site or Discussion Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Discussion Services or Sale and Giveaways, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
- Intentionally or unintentionally violate any applicable local, state, national or international law.
- Upload, post, text, publish, e-mail, reproduce, distribute or otherwise transmit any a) information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, “Content”), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful; b) Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; c) Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); d) Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; e) unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or f) material that contains software viruses, Trojan horses, worms, time bombs, cancel bots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information.
- Harvest, collect or store information about the users of this Site or the Content posted by others on this Site or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You acknowledge that EXTRAS ON AVAIL LLC is not responsible for material submitted to EXTRAS ON AVAIL LLC or posted to the Site by users. However, EXTRAS ON AVAIL LLC and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in EXTRAS ON AVAIL LLC’s judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. EXTRAS ON AVAIL LLC is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to EXTRAS ON AVAIL LLC. You agree to immediately notify EXTRAS ON AVAIL LLC of any unauthorized use of the Service or any other breach of security known or suspected by you.
Any or all Content on the Site may be purged periodically in EXTRAS ON AVAIL LLC’s sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by EXTRAS ON AVAIL LLC or submitted to EXTRAS ON AVAIL LLC, including Content. You further acknowledge and agree that the views expressed on the Site do not necessarily reflect the views of EXTRAS ON AVAIL LLC, and EXTRAS ON AVAIL LLC does not support or endorse Content (including any Contribution, whether or not edited by EXTRAS ON AVAIL LLC or its designee or presented on the Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
By communicating with EXTRAS ON AVAIL LLC, including submitting or sending Content, a Contribution or other information or material to EXTRAS ON AVAIL LLC.com, you grant EXTRAS ON AVAIL LLC the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also grand EXTRAS ON AVAIL LLC the complete right to any and all intellectual property rights for this content, and release EXTRAS ON AVAIL LLC from any liability in using that intellectual property in any way possible. Such license includes incorporating a Contribution, in whole or in part, into an EXTRAS ON AVAIL LLC feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to EXTRAS ON AVAIL LLC.
INTELLECTUAL PROPERTY: Any information posted on our website, including production materials, photos and/or any personal and confidential information of any kind owned exclusively by EXTRAS ON AVAIL LLCTM. All contents contained in the Site are copyrighted property of EXTRAS ON AVAIL LLCTM and it’s affiliates, and licensors and can be sold or shared with any third party at the discretion of EXTRAS ON AVAIL LLCTM and only EXTRAS ON AVAIL LLCTM. Accordingly, www.extrasonavail.com is the sole owner of all content posted and submitted to this Site, including without limitation, all applicable US and non U.S. copyrrights, patents, trademarks and trade secrets. You agreeing, in vising our Site, to not download, print or recreate any portion of this Site at any time for any purpose other than production materials for a job that you are booked on. You may not search for any past jobs or the information associated with them. Except as expressly permitted, you agree not to use the Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site. 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 EXTRAS ON AVAIL LLCTM.
Your use of the EXTRAS ON AVAIL LLC Services, and the Site is an access right; you will not obtain any ownership interest in any of the Services through these Terms and Conditions or otherwise. All Content included on the Site and delivered to Talent and visitors as part of the Service is the property of EXTRAS ON AVAIL LLC or its licensors, suppliers, partners and/or sponsors and is protected by United States and international copyright laws. The compilation of all Content on this Site is the exclusive property of EXTRAS ON AVAIL LLC and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from EXTRAS ON AVAIL LLC. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, not to insert any code or product or manipulate the content of the Site in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method. EXTRAS ON AVAIL LLC reserves the right to terminate your Talentship hereunder if EXTRAS ON AVAIL LLC, in its sole and absolute discretion, believes that you are in violation of this clause.
EXTRAS ON AVAIL LLC is a registered trademark of EXTRAS ON AVAIL LLC. The EXTRAS ON AVAIL LLC logo and EXTRAS ON AVAIL LLC.com, are trademarks or service marks of EXTRAS ON AVAIL LLC. The Site, including but not limited to its graphics, logos, page headers, button icons and service names constitute trade dress of EXTRAS ON AVAIL LLC. The trademarks, service marks and trade dress of EXTRAS ON AVAIL LLC may not be used or reproduced without prior written approval from EXTRAS ON AVAIL LLC and may not be used in connection with any product or service that is not affiliated with EXTRAS ON AVAIL LLC, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of EXTRAS ON AVAIL LLC, or in any manner that disparages or discredits EXTRAS ON AVAIL LLC. Other trademarks that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EXTRAS ON AVAIL LLC. Any images of persons or personalities contained on the Site are not an indication or endorsement of EXTRAS ON AVAIL LLC or any particular product or our service unless otherwise indicated.
DISCLAIMER OF WARRANTIES: THE SITE AND ITS SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, EXTRAS ON AVAIL LLCTM SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. EXTRAS ON AVAIL LLCTM DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. EXTRAS ON AVAIL LLCTM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE. YOU (AND NOT EXTRAS ON AVAIL LLC OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You acknowledge that you are solely responsible for the equipment and Internet or cell phone access required to connect to the Site and the EXTRAS ON AVAIL LLC. EXTRAS ON AVAIL LLC disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material provided by the Site or Services. EXTRAS ON AVAIL LLC disclaims any responsibility for the deletion, failure to store, mis delivery, or untimely delivery of any Content, information or material. EXTRAS ON AVAIL LLC disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the services. EXTRAS ON AVAIL LLC is not responsible for unavailable network connections; failed, incomplete, garbled or delayed computer transmissions; online failures; hardware, software or other technical malfunctions or disturbances; or any other communications failures or circumstances affecting, disrupting or corrupting the EXTRAS ON AVAIL LLC Service in any manner including without limitation, Talents ability to participate in a Giveaway, receive notifications, enter Giveaways, purchase items, or any other function of the EXTRAS ON AVAIL LLC Services. The EXTRAS ON AVAIL LLC Services and the Site may be interrupted from time to time, and may not always be virus or error-free.
EXTRAS ON AVAIL LLC has no control over the Internet and cannot prevent the interception of messages by unauthorized parties or guarantee that such unauthorized parties may not be able to decrypt encrypted messages. Accordingly, under no circumstances will EXTRAS ON AVAIL LLC be responsible for any loss or damage incurred by any Talent as the result of unauthorized interception or decryption of information transmitted to or by EXTRAS ON AVAIL LLC. Talents must immediately notify EXTRAS ON AVAIL LLC of any known or suspected unauthorized use(s) of a Talent’s account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Talent’s password.
EXTRAS ON AVAIL LLC is not liable or responsible for the character, quality, performance, quantity, size, color, merchantable quality, or fitness for a particular purpose of any product acquired by you or on your behalf from EXTRAS ON AVAIL LLC. The warranty coverage for a product, if any, will be limited to the coverage offered by the manufacturer of the product. THE EXTRAS ON AVAIL LLC SERVICES, SITE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR OBTAINED THROUGH THE EXTRAS ON AVAIL LLC SERVICES, ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. EXTRAS ON AVAIL LLC AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, SYSTEM INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. EXTRAS ON AVAIL LLC AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE EXTRAS ON AVAIL LLC SERVICES. ANY INFORMATION, SERVICES OR GOODS OBTAINED THEREFROM OR ADVERTISED THEREON YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL OR DATA THROUGH OR FOR THE USE OF THE EXTRAS ON AVAIL LLC SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY:IN NO EVENT WILL EXTRAS ON AVAIL LLCTM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, EVEN IF EXTRAS ON AVAIL LLCTM OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EXTRAS ON AVAIL LLCTM ’s LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES SHALL EXTRAS ON AVAIL LLC OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE EXTRAS ON AVAIL LLC SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF EXTRAS ON AVAIL LLC OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR SERVICE PROVIDERS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT OR SERVICE PROVIDER SITES OR ANY OTHER SITE LINKED TO OUR SITE. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY TALENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ANY PARTICULAR CLAIM ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED TO THE GREATER OF (I) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR THE SERVICES WITH RESPECT TO SUCH CLAIM; OR (II) FIVE DOLLARS (U.S. $5.00). NOTWITHSTANDING THE FOREGOING, OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO THE GREATER OF (A) THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US FOR USE OF THE SITE OR SERVICES; OR (B) FIFTY DOLLARS (U.S. $50.00).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
Without limiting the foregoing, under no circumstances shall EXTRAS ON AVAIL LLC or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. EXTRAS ON AVAIL LLC may change or suspend features on the Site or the Services as a result of such events.
INDEMNIFICATION: You agree to defend, indemnify and hold harmless EXTRAS ON AVAIL LLCTMour parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees (including court costs), arising in any way from your use or misuse of the Site, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any content or other Material by you or users authorized by you or any violation of these Terms & Conditions by you or any injury that may result of or arising from: (a) any Content that you post, email or otherwise make available on the Site or through the Services, including any information you provide to us as part of the Referral Program; (b) your use of the Site or Services; (c) any purchase of Sales or Vouchers, or receipt of a Giveaway, including, but not limited to, the payment of any taxes associated therewith; (d) your violation of these Terms and Conditions; (e) your violation of any rights of any other person or entity; or (f) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the Site or Services.EXTRAS ON AVAIL LLCTM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with EXTRAS ON AVAIL LLCTM in asserting any and all available defenses.
COPYRIGHT INFRINGEMENT: If you believe that any content contained in the Site infringes your copyright, you should notify EXTRAS ON AVAIL LLCTM of your copyright infringement claim in accordance with the following procedure.EXTRAS ON AVAIL LLCTM will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to the Sites’ Designated Agent who is:
EXTRAS ON AVAIL LLCTM Legal Department
Subject Line: EXTRAS ON AVAIL LLC DMCA
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)) and §512(d):
- 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 (or in the case of references or links that are claimed to have infringing material or activity, identification of the reference or link, to material or activity claiming to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link);
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has 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;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Emails sent to ANY EXTRAS ON AVAIL LLCTM email address without the appropriate subject line or for purposes other than communication about copyright claims may not be acknowledged or responded to. EXTRAS ON AVAIL LLCTM reserves the right to restrict users’ access to the Site for repeat infringers in appropriate circumstances.
APPLICABLE LAWS/JURISDICTION:You agree that the laws of the State of California, excluding its conflicts-of-law rules, shall govern these Terms & Conditions. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with EXTRAS ON AVAIL LLCTM or relating in any way to your use of the Site resides in the courts of the State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California, in connection with any such dispute and including any claim involving EXTRAS ON AVAIL LLCTM or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. We control and operate this Site from our offices in Los Angeles, California. We do not represent that materials on the Site are appropriate or available in all geographic locations, and accessing the Site from certain locations may be illegal and prohibited. Persons who choose to access this Site do so at their own risk. We are not responsible for compliance with local laws or other applicable laws. You agree not to access the Site where prohibited by law.
OTHER: This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
PARENTAL PERMISSION:This Site is not intended for children. Some of the information on the Site may concern certain topics that are not appropriate for children. EXTRAS ON AVAIL LLCTM may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and 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.