TERMS AND CONDITIONS

SmartActors.com, Website, Online Video Library, Book A Coach, and Marketplace Terms and Conditions of Use THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THIS SITE, THE ONLINE VIDEO LIBRARY, BOOK A COACH AND THE MARKETPLACE. BY ACCESSING THE SITE (WHICH INCLUDES THE ONLINE VIDEO LIBRARY, BOOK A COACH AND MARKETPLACE), YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE. BY USING SMARTACTORS.COM’S SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS SMARTACTORS.COM MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.

1. Contact Information.

SmartActors, LLC 4224 W. Charleston Blvd. Las Vegas, NV 89102

Customer Service

Email: admin@smartactors.com Toll Free Telephone: 1.888.716.1407 Website:http://www.smartactors.com/contact

2. Definitions.

• “Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the Site. • “Agreement” or “Terms” refers to these Terms and Conditions of Use and any subsequent modifications. • “Educator” means a coach at an accredited acting school. A Coach is also a Subscriber. • “Online Resource Files” refers to the files or documents prepared by the authors for use with the training videos and other media. • “Ask SmartActors” refers to the support form that extends the support of the FAQ, Contact, Help, and Support sections. “Ask SmartActors” also extends the Online Video Library, and all the audio-visual throughout the site. Each Premium member can ask up to 5 questions per month. If you exceed asking 5 industry questions per month or if the time requirement to effectively answer your question is out of the scope of the smartactors.com pro (the time to effectively answer each question is at the discretion of each industry pro), we will refer you to Book-A-Coach for more detailed information. Book-A-Coach is an additional fee and offered through SmartActors.com. • “Forum” refers to the pages on the Site that allow “Premium” subscribers to post and reply to other posts. • "The SmartActors Marketplace/SmartDeals" refers to the products on the Site that are in the online shop. The online shop are the pages that will list all of the smartdeals. • “SmartActors.com” refers to SmartActors.com, LLC, a Limited Liability Company • “Online Video Library” or “OVL” means the subscription-based and individually sold database of audio-visual works that are available through the Site and is a part of the Site. • “Premium Content” means the training videos and other media available on the OVL, including the Online Resource Files, Ask SmartActors, 10% off Webcam Coaching, and Forums. • “Standard Content” means the training videos and other media available on the OVL, including the Online Resource Files and Forums, but excluding Ask SmartActors and 10% off Webcam Coaching. • “Subscriber” refers to any person or entity that purchases or uses a subscription to the Online Video Library, Online Resource Files, Ask Smart Actors, 10% off Webcam Coaching, Forums, and may be a Single-User Subscriber or gift subscription recipient. • “User” refers to any person who accesses the site. If you are accessing the Site as an employee or agent of another, “User” refers to you and your principal. • “Website” or “Site” refers to the website maintained on the World Wide Web by SmartActors.com, available at http://www.smartactors.com and includes the Online Video Library, Book A Coach and The SmartActors Marketplace.

3. Modification of Terms.

SmartActors.com reserves the right to discontinue or modify these Terms at any time, by posting a change notice or new agreement to the Site. Any modifications will become effective immediately after being posted to the Site. User agrees to check the site periodically for changes to these terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.  

4. Limited License.

SmartActors.com hereby grants each Subscriber a limited, non-exclusive, non-sublicensable and non-transferable license to Access the content and information available in the OVL, Ask Smart Actors, 5% to 10% off Webcam Coaching, Gift Certificates, The SmartActors Marketplace, and Forums according to the provisions contained herein, and subject to the payment of the applicable subscription fees, purchase prices and adherence to these Terms. Whether the Subscriber/User/Buyer receives a license to an individual Video or Resources, the Standard Content or Premium Content depends on the subscription plan or one-off payment.

5. Fees; Renewal; Terms of Sale and Vendors for The SmartActors Marketplace; Refund Policies.

Standard Subscribers

Monthly

• Access to Standard Content • Monthly subscription plan • Automatically renews monthly until cancelled by Subscriber
  • Automatically renews on the same date of each corresponding month or on final date of month if no corresponding date (January 31, 2013 subscription renews on February 28, 2013)
  • Fees charged on renewal date
• Subscription fees are refundable, only within the first 3 days of initial purchase, otherwise the subscription fees are non-refundable; Subscriber may cancel subscription in writing up to three (3) calendar days prior to renewal date to avoid renewal • Discounts, rebates or other special offers only valid for initial term; subscriptions renew at the then-current full subscription rates • SmartActors.com may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that SmartActors.com provides notice at least thirty (30) calendar days prior to the expiration of the subscription • SmartActors.com may terminate the subscription and these Terms if it is unable to renew the subscription based on inaccurate or outdated credit card information • Right of Access to the OVL granted under these Terms is effective only upon payment of the subscription fees.

Premium Subscribers

Monthly

• Access to Premium Content • Access to Ask SmartActors • Access to SmartActors Forum • Monthly subscription plan • Automatically renews monthly until cancelled by Subscriber
  • Automatically renews on the same date of each corresponding month or on final date of month if no corresponding date (January 31th subscription renews on February 28th) o Fees charged on renewal date
• Subscription fees are refundable, only within the first 3 days of initial purchase, otherwise the subscription fees are non-refundable; Subscriber may cancel subscription in writing up to three (3) calendar days prior to renewal date to avoid renewal • Discounts, rebates or other special offers only valid for initial term; subscriptions renew at the then-current full subscription rates • SmartActors.com may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that SmartActors.com provides notice at least thirty (30) calendar days prior to the expiration of the subscription • SmartActors.com may terminate the subscription and these Terms if it is unable to renew the subscription based on inaccurate or outdated credit card information • Right of Access to the OVL granted under these Terms is effective only upon payment of the subscription fees.

Annual - Standard Subscription

• Access to Standard Content • Annual subscription plan • Automatically renews yearly until cancelled by Subscriber
  • Automatically renews on the same date of each corresponding year or on final date of month if no corresponding date (e.g., February 29th)
  • Fees charged on renewal date
• Subscription fees are refundable, within the first 3 days of initial purchase, otherwise the subscription fees are non-refundable; Subscriber may also cancel renewed subscription in writing up to three (3) calendar days after renewal date and receive a full refund of the new subscription fees • Discounts, rebates or other special offers only valid for initial term; subscriptions renew at the then-current full subscription rates • SmartActors.com may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that SmartActors.com provides notice at least thirty (30) calendar days prior to the expiration of the subscription • SmartActors.com may terminate the subscription and these Terms if unable to renew the subscription based on inaccurate or outdated credit card information • Right of Access to the OVL granted under these Terms is effective only upon payment of the subscription fees.

Annual - Premium Subscription

• Access to Premium Content • Access to Ask SmartActors • Access to SmartActors Forum • Annual subscription plan • Automatically renews yearly until cancelled by Subscriber
  • Automatically renews on the same date of each corresponding year or on final date of month if no corresponding date (e.g., February 28th)
  • Fees charged on renewal date
• Subscription fees are refundable, within the first 3 days of initial purchase, otherwise the subscription fees are non-refundable; Subscriber may also cancel renewed subscription in writing up to three (3) calendar days after renewal date and receive a full refund of the new subscription fees • Discounts, rebates or other special offers are only valid for initial term; subscriptions renew at the then-current full subscription rates • SmartActors.com may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that SmartActors.com provides notice at least thirty (30) calendar days prior to the expiration of the subscription • SmartActors.com may terminate the subscription and these Terms if it is unable to renew the subscription based on inaccurate or outdated credit card information • Right of Access to the OVL granted under these Terms is effective only upon payment of the subscription fees  

Free Trials

Free trial memberships provide access to trial content and are automatically transferred to standard or premium memberships, based on what the new member selected at the time of the trial,  after trial length. Member's account will be billed automatically unless canceled before the end of the trial. If cancellation does not take place, SmartActors, LLC is not responsible for refunds or adjustments.  

Terms of sale for The SmartActors Marketplace 

By making a purchase from a Vendor/Merchant, through SmartActors.com, you make an offer to purchase on the stated terms and conditions.  Each deal will have certain terms and restrictions associated with the product or service being sold on behalf of third-party merchants. Any specified terms for a particular deal will be presented at the time you choose to purchase the particular deal and will be stated under 'The Details.' If you are unsure of any terms, please contact support@smartactors.com. Unless prohibited by applicable law all deal specified terms will supersede any inconsistent terms contained in this Agreement. It is the Vendor/Merchant's responsibility to honor the deal purchase in compliance with applicable law. As issuer of the product/service,  the Vendor/Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Vendor/Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed purchases.  

Refunds

We will always honor your refund requests if a business closes permanently. We also have the following standard refund policies: Refund requests within the first seven days after purchase, will be refunded. After that, all sales are final. The promotional value is defined as the additional value beyond the amount paid.
  • The promotional value will expire on the date specified in the offer, unless prohibited by law. The amount you pay will never expire, and the vendor will need to honor what was paid even if the promotional value ends.  The amount you pay may be used toward any goods or services offered by the vendor if the original goods or services designated on the deal is no longer available.
  • Promotional value cannot be combined with other promotions or offers.
  • No cash value/No cash back
  • Entire value must be used in one visit, if applicable
  • Doesn’t cover tax or gratuity.
  • Fully transferable.
 

Vendor

As a vendor, you can set your discount at any amount. SmartActors will handle payment processing. You hereby authorize SmartActors to deduct and retain a thirty percent (30%) transaction fee from the net amount received. The net amount is equivalent to the amount actually received from the buyer/user for your product and or service, less any refunds paid, applicable sales or other taxes (if any). Vendor will need to contact prospective buyers within 24 hours to 72 hours after receiving notice from SmartActors.com. Vendor acknowledges that SmartActors can proof and edit content as needed. All of our vendors are paid 70% of all their product and or service sales at the end of the following month. For example, Vendors get paid by March 31st for product and or service sales generated in February. Payment is made through Paypal. The buyer/user will have the option to return or ask for a full refund within 7 days of the purchase. It is the Merchant's responsibility to honor the purchase in compliance with applicable law. As issuer of the product and or service, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and or services, as well as for any unclaimed property liability arising from unredeemed purchases.

Refunds

SmartActors will always honor refund requests if a business closes permanently. We also have the following standard refund policies: Refund requests within the first seven days after purchase, will be refunded. After that, all sales are final. The promotional value is defined as the additional value beyond the amount paid.
  • The promotional value will expire on the date specified in the offer, unless prohibited by law. The amount the buyers/users pay will never expire, and the vendor will need to honor what was paid even if the promotional value ends.  The amount the buyers/users pay may be used toward any goods or services offered by the vendor if the original goods and or services designated on the deal is no longer available.
  • Promotional value cannot be combined with other promotions or offers.
  • No cash value/No cash back (Users would need to use the credit towards something else within your business if the refund request comes in after 7 days from the purchase date)
  • Entire value must be used in one visit, if applicable.
  • Doesn’t cover tax or gratuity.
  • Fully transferable.
   

Termination

SmartActors.com may terminate the use of your products/services without notice for any breach of the terms above or for any of our applicable policies, as posted on the site from time to time, or for any misconduct. We may discontinue offering any product or service at any time (which will terminate your right to offer these products/services as a vendor/merchant at The SmartActors Marketplace). You may terminate your use of the site or the products/services at any time, by contacting us at support @SmartActors.com. We have no obligation to retain any of your account or submitted content for any period of time beyond what may be required by the law, except as provided for herein or authorized in writing by the party to be bound.
 

6. Gift Subscriptions

Anyone can purchase a gift subscription on the smartactors.com site. Once a gift subscription is purchased, an email will be sent to the recipient and buyer informing them of the gift subscription. The following gift subscriptions for Access to the OVL and online shop are available for purchase: • Single or individually purchased videos through the OVL • Standard (one-year subscriptions to Standard Content) • Premium (one-year subscription to Premium Content) • Online Shop (SmartDeals) Gift Subscription Terms and Conditions • No refunds • No exchange or surrender for cash value • If an existing Subscriber receives a Premium gift subscription:
  • If person already has a subscription to the OVL’s Standard Content and receives a Premium gift subscription, when redeemed by Subscriber, SmartActors.com can suspend the person’s subscription to the Standard Content upon notification and immediately upgrade the person’s Premium gift subscription, and refund the remainder of the term of the Standard Content
  • If a person already has a subscription to the OVL’s Premium Content and receives a Premium gift subscription, smartactors.com will commence the gift subscription after the termination of the person’s existing subscription
• If an existing Subscriber receives a Standard gift subscription: If a person already has a subscription to the OVL’s Premium Content or Standard Content and receives a Standard gift subscription, smartactors.com will commence the gift subscription after the termination of the person’s existing subscription • A recipient’s use of a gift subscription constitutes acceptance of and agreement to these Terms.

7. Access to the OVL and The SmartActors Marketplace; Modification of Content.

SmartActors.com strives to provide the OVL to its Subscribers and The SmartActors Marketplace to its buyers/purchasers on a continuous basis. To that end, SmartActors.com will take all commercially reasonable efforts to provide uninterrupted Access to the OVL to its Subscribers and The SmartActors Marketplace to its Buyers/Purchasers. However, from time to time, Subscribers may be unable to Access the OVL and Buyers/Purchasers may be unable to Access The SmartActors Marketplace due to conditions beyond SmartActors.com’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the OVL or The SmartActors Marketplace to its Subscribers, SmartActors.com will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money. SmartActors.com endeavors to provide the highest quality content to its Subscribers/Buyers/Purchasers. To that end, SmartActors.com reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.User agrees to check the site periodically for changes to these terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.  Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.

8. Prohibited Conduct.

User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”: • Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects SmartActors.com’s computers, servers or databases. • Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms. • Permit or provide others Access to the OVL using Your user name and password or otherwise, or the name and password of another authorized User. • Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site. • Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site. • Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content. • Violate or attempt to violate SmartActor’s security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way. • Engage in any other conduct which violates the Copyright Act or other laws of the United States. • Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or SmartActors.com. • Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights. • Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by SmartActors.com. • Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability. • Advertise or otherwise solicit funds, goods or services on the Site, without the consent of SmartActors.com. • Provide any commercial hosting service with Access to the Site and/or the content on the Site. To ensure that Users of the Site do not engage in Prohibited Conduct, SmartActors.com reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the OVL to any person or entity whose use of the OVL suggests Prohibited Conduct. Access of the materials available at the OVL beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the OVL and will result in revocation or denial of Access to the OVL. The terms “normal patterns” and “abuse” shall be determined solely by SmartActors.com. You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.

9. LIMITED WARRANTIES.

SmartActors.com warrants that the software that allows Users to Access the OVL (“Software”), if operated as directed, will substantially achieve the functionality described on the Site. SMARTACTORS.COM PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE. SmartActors.com also warrants that the media containing the Software, if provided by SmartActors.com, is free from defects in material on the date the User acquired the Software. SMARTACTORS.COM'S SOLE LIABILITY FOR ANY BREACH OF THIS WARRANTY SHALL BE, IN ITS SOLE AND ABSOLUTE DISCRETION: (A) TO REPLACE THE DEFECTIVE MEDIA OR SOFTWARE; (B) TO ADVISE THE USER HOW TO ACHIEVE SUBSTANTIALLY THE SAME FUNCTIONALITY WITH THE SOFTWARE AS DESCRIBED; OR (C) IF THE ABOVE REMEDIES ARE IMPRACTICABLE, TO REFUND THE SUBSCRIPTION FEE PAID FOR ACCESS TO THE OVL. THE USER MUST INFORM SMARTACTORS.COM OF ANY PROBLEM WITH THE SOFTWARE WITHIN THIRTY (30) CALENDAR DAYS OF DISCOVERING THE PROBLEM OR SMARTACTORS.COM WILL NOT BE OBLIGATED TO HONOR THIS WARRANTY. SMARTACTORS.COM WILL USE COMMERCIALLY REASONABLE EFFORTS TO REPAIR, REPLACE, OR REFUND THE SOFTWARE PURSUANT TO THE FOREGOING WARRANTY WITHIN THIRTY (30) CALENDAR DAYS OF BEING SO NOTIFIED. IF ANY MODIFICATIONS ARE MADE TO THE SOFTWARE BY THE USER DURING THE WARRANTY PERIOD; IF THE MEDIUM OR SOFTWARE IS SUBJECTED TO ACCIDENT, ABUSE, OR IMPROPER USE; OR IF THE USER VIOLATES THE TERMS OF THIS AGREEMENT, THEN THIS WARRANTY SHALL IMMEDIATELY TERMINATE. THIS WARRANTY SHALL NOT APPLY IF THE SOFTWARE IS USED ON OR IN CONJUNCTION WITH HARDWARE OR SOFTWARE OTHER THAN THE UNMODIFIED VERSION OF HARDWARE AND SOFTWARE WITH WHICH THE SOFTWARE WAS DESIGNED TO BE USED AS DESCRIBED. ALTHOUGH SMARTACTORS.COM HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.

10. DISCLAIMERS AND LIMITATION OF LIABILITY.

SMARTACTORS.COM DOES NOT GUARANTEE THAT YOU WILL BECOME A PROFESSIONAL ACTOR BY USING SMARTACTORS.COM OR BY PURCHASING SMARTACTORS.COM CLASSES OR PRODUCTS FROM THE SMARTACTORS MARKETPLACE. USER ACCESSES THIS SITE AT HIS/HER/ITS OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND (BEYOND THE WARRANTIES SET FORTH IN SECTION 10), EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. SMARTACTORS.COM DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SOFTWARE OR SITE. SMARTACTORS.COM DOES NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL SMARTACTORS.COM OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT SMARTACTORS.COM RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE OVL, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL SMARTACTORS.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT SMARTACTORS.COM RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE OVL, EVEN IF SMARTACTORS.COM HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF SMARTACTORS.COM, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. SMARTACTORS.COM IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. NO DEALER, AGENT, OR EMPLOYEE OF SMARTACTORS.COM IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS. SMARTACTORS.COM DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN EXCESS OF THE AMOUNT SMARTACTORS.COM RECEIVED FROM THE SUBSCRIBER, ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE SITE. THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.   TO REGISTER FOR A SUBSCRIPTION TO THIS SITE YOU MUST BE AT LEAST 13 YEARS OF AGE AND OBTAIN PARENTAL PERMISSION TO PROVIDE PERSONAL INFORMATION AND FOR WEBSITE USAGE. SMARTACTORS.COM IS NOT RESPONSIBLE OR LIABLE FOR ANY INTERACTIONS BETWEEN USERS AND INSTRUCTORS/VENDORS/MERCHANTS AND THEIR RESPECTIVE CLIENTS. WE ARE NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSSES, INJURIES, OR DAMAGE OF ANY KIND THAT MIGHT ARISE OUT OF OR RELATE TO CONDUCT OF INSTRUCTORS/VENDORS/MERCHANTS OR BUYERS/USERS,  INCLUDING, BUT NOT LIMITED TO, ANY USER'S RELIANCE UPON ANY INFORMATION PROVIDED BY AN INSTRUCTOR/ VENDOR/MERCHANT. YOU ALSO UNDERSTAND THAT BY USING THE PRODUCTS MAY EXPOSE YOU TO SUBMITTED CONTENT THAT YOU CONSIDER OFFENSIVE, INDECENT, OR OBJECTIONABLE. SMARTACTORS.COM HAS NO RESPONSIBILITY TO KEEP SUCH CONTENT FROM YOU AND NO LIABILITY FOR YOUR ACCESS OR USE OF ANY SUBMITTED CONTENT. THE SITE AND PRODUCTS MAY GIVE YOU ACCESS TO LINKS TO THIRD-PARTY WEBSITES ("THIRD PARTY SITES"), EITHER DIRECTLY OR THROUGH COURSES OR INSTRUCTORS OR VENDORS/MERCHANTS. SMARTACTORS.COM DOES NOT ENDORSE ANY OF THESE THIRD PARTY SITES OR PRODUCTS OR SERVICES AND DOES NOT CONTROL THEM IN ANY MANNER. ACCORDINGLY, SMARTACTORS.COM DOES NOTE ASSUME ANY LIABILITY ASSOCIATED WITH THIRD PARTY COMPANIES OR SITES. YOU NEED TO TAKE APPROPRIATE STEPS TO DETERMINE WHETHER ACCESSING A THIRD PARTY SITE IS APPROPRIATE, AND TO PROTECT YOUR PERSONAL INFORMATION AND PRIVACY ON SUCH THIRD PARTY SITES.  

11. Third Party Content; Hyperlinks.

You acknowledge that SmartActors.com does not pre-screen third party materials. SmartActors.com is not the publisher or author of any information on the Site that is provided by third party content providers, and SmartActors.com is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and SmartActors.com’s use of the content constitutes neither an endorsement nor a recommendation by SmartActors.com of the content. SmartActors.com assumes no responsibility for third party products or services. SmartActors.com may contain links and references to other third party websites and materials. SmartActors.com does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. SmartActors.com does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. SmartActors.com may disable any hyperlink to the Site. SmartActors.com has the right, but not an obligation to monitor third party websites and hyperlinks to the Site. SMARTACTORS.COM MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS/BUYERS/PURCHASERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, SMARTACTORS.COM DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

12. Copyrights, Trademarks and Other Proprietary Rights.

SmartActors.com or its third party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by SmartActors.com. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site, OVL or in The SmartActors Marketplace may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of SmartActors.com, except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of SmartActors.com’s intellectual property except as set forth in Section 4. If You submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to SmartActors.com, You may forfeit Your intellectual property rights and moral rights contained in such communication or material.

13. Indemnification.

User agrees to defend, indemnify and otherwise hold harmless SmartActors.com and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.

14. Security; Authorized Use.

Users are prohibited from violating or attempting to violate the security of the Site. SmartActors.com has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. SmartActors.com may suspend Your Access while it conducts an investigation. Users are required to enter a user name and password to Access the OVL. To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site. You are responsible for maintaining the secrecy of Your user name and password. You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult or authorized by a parent/guardian who is legally able to enter into these Terms.  You may not use the account, user name or password of someone else at any time. You agree to notify SmartActors.com immediately of any unauthorized use or loss of Your account, user name, password and/or credit card information. You also agree to notify SmartActors.com immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content. SmartActors.com will not be liable for any loss that You incur as a result of someone else using Your user name and password with or without Your knowledge. You may be held liable for any losses incurred by SmartActors.com, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, user name or password. SmartActors.com will never ask You for Your password. If You need a new user name and/or password, SmartActors.com will generate a new user name and password automatically through its computers and send it to Your e-mail.

15. Termination of Agreement.

In addition to SmartActors.com’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. SmartActors.com may also terminate Access to the OVL or cancel subscriptions to the OVL or cancel use of The SmartActors Marketplace without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that SmartActors.com deems inappropriate. In the event of termination of this Agreement, the provisions in this Section and the provisions found in Sections 2, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 shall survive in perpetuity. Each Subscriber’s obligation to pay outstanding subscription fees shall survive any termination of this Agreement.

16. Privacy Policy.

SmartActors.com values Your trust. In order to honor that trust, all of SmartActors.com’s employees are required to adhere to ethical standards in gathering, using, and safeguarding any information You provide. For more information, please review SmartActors.com’s Privacy Policy, the terms of which are incorporated into this Agreement as if set forth in full. To register for a subscription to this site you must be at least 13 years of age and obtain parental permission to provide personal information and for website usage.

17. Miscellaneous.

These Terms constitute the entire agreement between SmartActors.com and User/Buyer/Purchaser regarding the subject matter hereof. Any previous agreement, whether oral or written, between SmartActors.com and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, SmartActors.com may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. SmartActors.com’s remedies are cumulative and not exclusive. Failure of SmartActors.com to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User/Buyer/Purchaser signs for and accepts this shortening of the statutes of limitations. SmartActors.com makes no representation that the content of the Site is appropriate or available for use in all locations. SmartActors.com operates this Site from the United States and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. SmartActors.com cannot provide notifications via post, only e-mail.

18. Governing Law; Dispute Resolution; Forum and Venue.

These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by Nevada law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and SmartActors.com shall be finally resolved through binding arbitration in Las Vegas, Nevada. The arbitration shall be conducted by one (1) arbitrator who is a retired judge. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the Nevada Superior Court, County of Clark or the United States District Court for the Central District of Nevada. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the Nevada Superior Court, County of Clark or the United States District Court for the Central District of Nevada for any equitable claim or other action related to or arising from these Terms. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action. EFFECTIVE DATE: June 7, 2011

Privacy Policy

SmartActors.com has created this Privacy Policy to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for this website.

Collection of Data/Contact Information/Financial Information

IP Address and Cookies

We use your internet protocol address to help diagnose problems with our server and to administer our website. We also use your internet protocol address to help identify you and your shopping cart. Our website places “cookies” on your computer’s hard drive through your web browsers to keep track of your identity for the purposes of saving your shopping cart and saving your logged-in state so that you do not have to log in each time you visit our website. “Cookies” allow our website to recognize your computer when you access the website. If you would like to prevent the placement of cookies on your computer, or remove cookies from your computer, please access the “Help” portion of your browser or contact your browser provider. Please be advised that if you block or remove cookies from your computer, the website will not recognize your computer and you may not have access to all portions of the website.

Contact Information/Financial Information

Our website’s registration and order forms require users to provide us with contact information to establish subscription accounts and purchase services and products. SmartActors.com collects each user’s name, address, city, state, postal code, telephone number and e-mail address. SmartActors.com uses this information to contact the user regarding subscriptions, orders and administrative matters. New users must opt in to receive commercial communications and may opt out of receiving future commercial communications at any time (see “Anti-Spam Policy/Opt-out Choice” below). SmartActors.com also stores the financial information entered by users, such as credit card numbers, purchase order numbers and related identification information. The financial information is only used to bill the user for products and services. This financial information is collected through the use of PayPal. Visit www.paypal.com, for full disclosures in regards to the handling of your financial information. SmartActors.com does not rent, sell or exchange user information, and generally restricts access to user information to qualified SmartActors.com employees and agents. SmartActors.com may transmit a customer’s credit card data only to the appropriate credit card company and/or credit card payment processing company. Third parties who need access to SmartActors.com user information to provide operational or other support services are required by SmartActors.com to maintain high standards of security. SmartActors.com gathers only user information that is needed to administer its business and enhance and improve its services and products. SmartActors.com may disclose a user’s contact or financial information if required to do so by law or in the good-faith belief that such disclosure is necessary to comply with an order of a court or government authority, or a subpoena. SmartActors.com may also disclose a user’s contact or financial information in the good-faith belief that such disclosure is necessary to protect SmartActors.com or the website, or enforce the applicable Terms and Conditions, in conjunction with an investigation or legal, equitable or administrative action or proceeding. SmartActors.com may collect information on the services and products viewed by you on the website. SmartActors.com may use this information to customize your experience and suggest and offer you products according to your preferences. SmartActors.com may use this information to identify patterns and trends of use, but will only release or publish any such information in a manner that preserves your anonymity. SmartActors.com may transfer part or all of your information in the case of a merger, acquisition, bankruptcy, or other sale of all or a portion of SmartActors.com’s assets or stock.

Links to Other Websites

This website contains links to other websites. SmartActors.com is not responsible for the privacy practices, security practices or the content of such websites.

Site Intended for Use by Adults

This website is intended for use by adults. Children under age 13, without adult supervision should not access this website and should not post any information personally identifying themselves anywhere on the website, such as a chat room, forum, message board and/or news group.

Security

The security of this website and your information is of great importance to SmartActors.com. This website has reasonable security measures in place to protect the loss, misuse and alteration of your information under our control, but we make no assurances about our ability to prevent any such loss, misuse or alteration, and we shall have no liability to you or any third party from any loss, misuse or alteration. We do not warrant that your access to the website is completely secure. You should promptly notify SmartActors.com if your account, user name or password have been lost or stolen. SmartActors.com will never ask you for your password. If you need a new user name and/or password, SmartActors.com will generate a new user name and password automatically through its computers and send it to your e-mail or postal address.

Anti-Spam Policy/Opt-out Choice

We are committed to providing users of this website with the choice to receive or not receive e-mails and/or other communications from SmartActors.com. We strive to comply with the CAN-SPAM Act. We only send commercial e-mails to new users who have requested or consented to receive e-mails about our services and products. We do not send unsolicited commercial e-mails (“spam”), buy or sell e-mail lists, or use purchased or harvested e-mail lists. We offer commercial e-mail recipients the opportunity to opt-out of further communications in every e-mail. If you would like to opt-out of receiving further communications, please contact us using the following modes: E-mail: cs@smartactors.com Mailing Address: 13351-D Riverside Drive, Suite 135 Sherman Oaks, California 91423 Please note that we may not include the opt-out information in non-commercial e-mails (i.e., e-mails concerning your order, the website’s Terms and Conditions of Use, etc.). If you have questions or concerns regarding a non-commercial e-mail, please contact us using the information under “Contacting SmartActors.com” below.

Modification of Contact Information and/or Financial Information

If you would like to modify your contact and/or financial information on our database, please log onto your account by clicking the “Login” link on the website. Once logged on, click on the “Update My Account” link. You will be able to edit your contact and financial information on the “Edit Contact Info” page. If you have any questions or concerns, or would like to remove or modify your information offline, please contact smartactors.com using one of the following modes: E-mail: cs@smartactors.com Mailing Address: 13351-D Riverside Drive, Suite 135 Sherman Oaks, California 91423 Telephone: 1-888-716-1407

Changes to the Privacy Policy

SmartActors.com may change this Privacy Policy from time to time in its sole and absolute discretion. Please check this website regularly for changes. Substantive revisions to this Privacy Policy shall apply only prospectively.

Contacting SmartActors.com

If you have any questions about this Privacy Policy, the practices of SmartActors.com or your dealings with this website, please contact our customer service department using one of the following modes: E-mail: cs@smartactors.com Mailing Address: 13351-D Riverside Drive, Suite 135 Sherman Oaks, California 91423 Telephone: 1-888-716-1407