These terms of use ("Terms") constitute the agreement by and between you ("You") may
and Bookyourcrew.com (“Bookyourcrew”) for You to use the Bookyourcrew.com Website and
the Bookyourcrew.com Services (each as defined below). These Terms include the
Bookyourcrew Privacy Policy, which is incorporated into these Terms by reference.
I. These Terms constitute a binding agreement between You and Bookyourcrew,
and are deemed accepted by You each time that You use or access the Bookyourcrew Site or
Bookyourcrew Services just as if you had signed a paper copy of these Terms with an ink pen. If
You do not accept the Terms stated here, do not use the Bookyourcrew Site and the
Bookyourcrew Services.
II. The Bookyourcrew Site is defined as the web sites under Bookyourcrew’s
control, whether partial or otherwise (including, without limitation, Bookyourcrew.com and the
web site from which these terms of use were accessed from). The Bookyourcrew Site includes a
variety of features and services, including an on-line service to post and search employment
opportunities (“Bookyourcrew Services”), which facilitate employment and hiring among users
of the Bookyourcrew Site (“Users). The Bookyourcrew Site also allows Users to create
individual profiles, which may include personal information (”Profiles”), and to make these
Profiles, or aspects thereof, available to other Users.
III. Bookyourcrew may revise these Terms at any time by posting an updated version
to this Web page. You should visit this page periodically to review the most current Terms
because they are binding on You.
IV. Users who violate these Terms may have their access and use of the
Bookyourcrew Site suspended or terminated, at Bookyourcrew’s discretion. You must be 13
years of age or older to visit or use the Bookyourcrew Site in any manner, and, if under the age of
18 or the age of majority as that is defined in Your jurisdiction, must use the Bookyourcrew Site
under the supervision of a parent, legal guardian, or other responsible adult.
Definition of Certain Words
In addition to various terms defined throughout these Terms, the following words are
deemed to have the following meanings as used in these Terms and in the each User’s use of the
Bookyourcrew.com Site:
A. “Employer”. “Employer” is defined any person, company or legal authorization
who intends to employ or otherwise retain the services of any other individual User by means of
the Bookyourcrew Site. Each Employer is solely and exclusively responsible for knowing and
adhering to any and all applicable union guidelines for all crew categories, and all federal and
state labor laws.
B. “Crewmember”. A “Crewmember” is a User who has been Booked by an
Employer.
C. “Booked”. Except as may be otherwise set forth in a writing signed by an
Employer and a User (or a User’s agent), the following rules and conditions shall apply with
respect to the use of the words “Book” or “Booked” in these Terms. “Book” or “Booked” shall
mean that an Employer has hired an individual User under a binding obligation to pay such User
for such User’s services. An Employer who has Booked a User as a Crewmember and thereafter
does not desire or intend to use or otherwise employ such Crewmember for such Crewmember’s
Services shall notify such User, and be responsible for paying Crewmember any applicable
cancellation fees incurred by union rules or by a signed deal memo.
D. “1st Hold”. “1st Hold” shall mean that set of circumstances where an Employer
is has indicated to a User the desire to have the User Booked for a particular job or project of the
Employer, on a specified date or number of dates. 1st Hold is a different status than having been
Booked, in that 1st Hold creates no legally binding obligation on the part of the Employer to hire
or use the services of the User as a Crewmember for any particular job or project. When an
Employer puts a User on 1st Hold or otherwise indicates to the User that the Employer intends for
the User to have the status of 1st Hold for a job or project, that Employer obtains from the User a
non-legally binding opportunity of first refusal for that User’s services on the date or dates
indicated with the 1st Hold.
E. “2nd Hold”. “2nd Hold” means the set of circumstances where an Employer
notifies a User who is on 1st Hold that such Employer desires to Book such User for that
Employer’s job or project on a specific date or dates included within the 1st Hold. An Employer
who has a 2nd Hold on a User is in backup position to hold the User’s availability to work on a job
or project of an Employer on the specified date or dates, on otherwise the same terms and
conditions as an Employer with a 1st Hold on a User.
F. “Challenge” A “Challenge” means the process by which an Employer Books a
User who is on that Employer’s 2nd Hold. In a Challenge, the Employer’s act of creating the 2nd
Hold notifies the User that such Employer wishes to Book the User for that Employer’s job or
project on the specified date or dates. That User thereafter is directed to notify the Employer with
the 1st Hold that such 1st Hold Employer has 24 hours to Book the User for the 1st Hold
Employer’s job or project on the specified date or dates. In the event that the Employer with the
1st Hold does not Book the User for the specified job or project on the specified date or dates
within 24 hours of such notification, that 1st Hold Employer will lose the non-legally binding
opportunity of first refusal to Book that User for the 1st Hold Employer’s job or project on the
specified date or dates.
Individual Sections
1. Use of Bookyourcrew Content. Bookyourcrew authorizes You, subject to these
Terms, to access and use the Bookyourcrew Site and the Bookyourcrew Content (as defined
below) and to download and print a single copy of the content available on or from the
Bookyourcrew Site solely for Your personal, non-commercial use. The contents of the
Bookyourcrew Site, such as designs, text, graphics, images, video, information, logos, button
icons, software, audio files and other Bookyourcrew content (collectively, "Bookyourcrew
Content"), are protected under copyright, trademark and other laws. All Bookyourcrew Content
is the property of Bookyourcrew or its licensors. The compilation (meaning the collection,
arrangement and assembly) of all content on the Bookyourcrew Site is the exclusive property of
Bookyourcrew and is protected by copyright, trademark, and other laws. Unauthorized use of the
Bookyourcrew Content may violate these laws and/or applicable communications regulations and
statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and
other proprietary notices contained in the original Bookyourcrew Content on any authorized copy
You make of the Bookyourcrew Content. Any code that Bookyourcrew creates to generate or
display any Bookyourcrew Content or the pages making up the Bookyourcrew Site is also
protected by Bookyourcrew's copyright and You may not copy or adapt such code.
You may not use any of the Bookyourcrew Content on any other Web site or in a networked
computer environment (including, without limitation, by uploading or republishing
Bookyourcrew Content on any Internet, Intranet or Extranet site or incorporating the
Bookyourcrew Content in any other database or compilation for any purpose). Unless explicitly
stated herein, nothing in these Terms shall be construed as conferring any license to intellectual
property rights, whether by estoppel, implication or otherwise. This license is revocable at any
time without notice and with or without cause.
2. Use of the Bookyourcrew Services. The job posting, resume database
(“Bookyourcrew Resume Database”) and other features of the Bookyourcrew Site may be used
only by individuals seeking employment, contracting engagements, and/or career information, by
Employers seeking employees, and by businesses seeking independent contractors (those hired or
retained herein by Employers for any job shall herein be collectively referred to as Employees,
and individually as an Employee). Your use of the Bookyourcrew Services is also subject to any
other contracts You may have with Bookyourcrew. In the case of any conflict between these
Terms and any contract you have with Bookyourcrew, the terms of your contract will prevail.
The term “post” as used herein shall mean information that You submit, publish or display on a
Bookyourcrew Site.
All Bookyourcrew Users agree to not:
(a) transmit, post, distribute, store or destroy material, including without limitation
Bookyourcrew Content, in violation of any applicable law or regulation, including but not
limited to laws or regulations governing the collection, processing, or transfer of personal
information, or in breach of Bookyourcrew’s privacy policy;
(b) take any action that imposes an unreasonable or disproportionately large load on
the Bookyourcrew Site's infrastructure;
(c) use any device to navigate or search the Bookyourcrew Site other than the tools
available on the Site, generally available third party web browsers, or other tools
approved by Bookyourcrew;
(d) use any data mining, robots or similar data gathering or extraction methods;
(e) violate or attempt to violate the security of the Bookyourcrew Site including
attempting to probe, scan or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization;
(f) forge any TCP/IP packet header or any part of the header information in any email
or newsgroup posting;
(g) reverse engineer or decompile any parts of the Bookyourcrew Site;
(h) aggregate, copy or duplicate in any manner any of the Bookyourcrew Content or
information available from the Bookyourcrew Site, including expired job postings, other
than as permitted by these Terms;
(i) frame or link to any Bookyourcrew Content or information available from the
Bookyourcrew Site, unless permitted by these Terms;
(j) post any content or material that promotes or endorses false or misleading
information or illegal activities, or endorses or provides instructional information about
illegal activities or other activities prohibited by these Terms, such as making or buying
illegal weapons, violating someone's privacy, providing or creating computer viruses or
pirating media;
(k) post any resume or apply for any job on behalf of another party;
(l) defer any contact from an Employer to anyone other than a licensed talent agent
or licensed talent agency;
(m) set more than one copy of the same resume to public at any one time;
(n) share with a third party any login credentials to the Bookyourcrew Site;
(o) access data not intended for You or logging into a server or account which You
are not authorized to access;
(p) post or submit to the Bookyourcrew Site any incomplete, false or inaccurate
biographical information or information which is not Your own;
(q) post content that contains restricted or password-only access pages, or hidden
pages or images;
(r) solicit passwords or personally identifiable information from other Users;
(s) delete or alter any material posted by any other person or entity;
(t) harass, incite harassment or advocate harassment of any group, company, or
individual;
(u) send unsolicited mail or email, make unsolicited phone calls or send unsolicited
faxes promoting and/or advertising products or services to any User, or contact any users
that have specifically requested not to be contacted by You;
(v) attempt to interfere with service to any User, host or network, including, without
limitation, via means of submitting a virus to the Bookyourcrew Site, overloading,
"flooding", "spamming", "mailbombing" or "crashing";
(w) promote or endorse an illegal or unauthorized copy of another person's
copyrighted work, such by as providing or making available pirated computer programs
or links to them, providing or making available information to circumvent manufactureinstalled
copy-protect devices, or providing or making available pirated music or other
media or links to pirated music or other media files; or
(x) use the Bookyourcrew Services for any unlawful purpose or any illegal activity,
or post or submit any content, resume, or job posting that is defamatory, libelous,
implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist,
discriminatory, of a menacing character or likely to cause annoyance, inconvenience,
embarrassment, anxiety or could cause harassment to any person or include any links to
pornographic, indecent or sexually explicit material of any kind, as determined by
Bookyourcrew’s discretion.
Violations of system or network security may result in civil and/or criminal liability.
Bookyourcrew will investigate occurrences which may involve such violations and may involve,
and cooperate with, law enforcement authorities in prosecuting Users who are involved in such
violations.
3. Additional Terms Applicable to Employers. You are responsible for
maintaining the confidentiality of Your Employer account, Profile and passwords, as applicable.
You may not share Your password or other account access information with any other party,
temporarily or permanently, and You shall be responsible for all uses of Your Bookyourcrew Site
registrations and passwords, whether or not authorized by You. You agree to immediately notify
Bookyourcrew of any unauthorized use of Your Employer account, Profile, or passwords.
Employers are solely responsible for their postings on Bookyourcrew Site. Bookyourcrew is not
to be considered to be an Employer with respect to Your use of the Bookyourcrew Site and
Bookyourcrew shall not be responsible for any employment decisions, for whatever reason, made
by any entity posting jobs on the Bookyourcrew Site.
You understand and acknowledge that if You cancel Your Employer account or Your Employer
account is terminated, all Your account information from Bookyourcrew, including saved
resumes, network contacts, and email mailing lists, will be marked as deleted in and may be
deleted from Bookyourcrew's databases. Information may continue to be available for some
period of time because of delays in propagating such deletion through Bookyourcrew’s web
servers.
Candidate profiles derived from User Content may also be made available through the Sites.
Bookyourcrew does not make any representations regarding the accuracy or validity of such
derived works or their appropriateness for evaluation by Employers. Derived profiles may vary
significantly from User Content.
A Job posting may not contain:
(a) any hyperlinks, other than those specifically authorized by Bookyourcrew;
(b) misleading, unreadable, or "hidden" keywords, repeated keywords or keywords
that are irrelevant to the job opportunity being presented, as determined in
Bookyourcrew’s reasonable discretion;
(c) the names, logos or trademarks of unaffiliated companies other than those of
your customer save where expressly agreed by Bookyourcrew;
(d) the names of colleges, cities, states, towns or countries that are unrelated to the
posting;
(e) more than one job or job description, more than one location, or more than one
job category, unless the product so allows;
(f) inaccurate, false, or misleading information; and
(g) material or links to material that exploits people in a sexual, violent or other
manner, or solicits personal information from anyone under 18.
You may not use Your Bookyourcrew job posting to:
(a) post jobs in a manner that does not comply with applicable local, national and
international laws, including but not limited to laws relating to labor and employment,
equal employment opportunity and employment eligibility requirements, data privacy,
data access and use, and intellectual property;
(b) post jobs that require citizenship of any particular country or lawful permanent
residence in a country as a condition of employment, unless otherwise required in order
to comply with law, regulations, executive order, or federal, state or local government
contract;
(c) post jobs that include any screening requirement or criterion in connection with a
job posting where such requirement or criterion is not an actual and legal requirement of
the posted job;
(d) post jobs or other advertisements for competitors of Bookyourcrew or post jobs
or other content that contains links to any site competitive with Bookyourcrew;
(e) sell, promote or advertise products or services;
(f) post any franchise, pyramid scheme, "club membership", distributorship, multilevel
marketing opportunity, or sales representative agency arrangement;
(g) post any business opportunity that requires an up front or periodic payment or
requires recruitment of other members, sub-distributors or sub-agents;
(h) post any business opportunity that pays commission only unless the posting
clearly states that the available job pays commission only and clearly describes the
product or service that the job seeker would be selling;
(i) promote any opportunity that does not represent bona fide employment which is
generally indicated by the Employer’s use of IRS forms W-2 or 1099;
(j) post jobs on the Bookyourcrew Site for modeling, acting, talent or entertainment
agencies or talent scouting positions;
(k) advertise sexual services or seek employees for jobs of a sexual nature;
(l) request the use of human body parts or the donation of human parts, including,
without limitation, reproductive services such as egg donation and surrogacy;
(m) endorse a particular political party, political agenda, political position or issue;
(n) promote a particular religion;
(o) post jobs located in countries subject to economic sanctions of the United States
Government; and
(p) except where allowed by applicable law, post jobs which require the applicant to
provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii)
philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental
health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii)
age.
Bookyourcrew reserves the right to remove any job posting or content from the Bookyourcrew
Site, which in the reasonable exercise of Bookyourcrew’s discretion, does not comply with the
above Terms, or if any content is posted that Bookyourcrew believes is not in the best interest of
Bookyourcrew.
If at any time during Your use of the Bookyourcrew Services, You made a misrepresentation of
fact to Bookyourcrew or otherwise misled Bookyourcrew in regards to the nature of Your
business activities, Bookyourcrew will have grounds to terminate Your use of the Bookyourcrew
Services.
You shall use the Bookyourcrew Resume Database as provided in these Terms and in any
contract You have with Bookyourcrew. You shall use the Bookyourcrew Resume Database in
accordance with all applicable privacy and data protection laws, and You agree You shall not
further disclose any of the data from Bookyourcrew Resume Database to any third party, unless
You are an authorized recruitment agency, staffing agency, advertising or other agency or using
the resume explicitly for employment purposes.
You shall take appropriate physical, technical, and administrative measures to protect the data
You have obtained from Bookyourcrew Resume Database from loss, misuse, unauthorized
access, disclosure, alteration or destruction. You shall not share Resume Database seat-based
license login credentials with any other party, nor share Resume Database pay-per-view license
login credentials with any party.
The Bookyourcrew Resume Database shall not be used:
(a) for any purpose other than as an Employer seeking employees, including but not
limited to advertising promotions, products, or services to any resume holders;
(b) to make unsolicited phone calls or faxes or send unsolicited mail, email, or
newsletters to resume holders or to contact any individual unless they have agreed to be
contacted (where consent is required or, if express consent is not required, who has not
informed you that they do not want to be contacted); or
(c) to source candidates or to contact job seekers or resume holders in regards to
career fairs and business opportunities prohibited by Section 3.
In order to ensure a safe and effective experience for all of our customers, Bookyourcrew reserves
the right to limit the amount of data (including resume views) that may be accessed by You in any
given time period. These limits may be amended in Bookyourcrew’s sole discretion from time to
time.
4. Additional terms applicable to Work Seekers. When You register with the
Bookyourcrew Site, You will be asked to create an account and provide Bookyourcrew with
certain information including, without limitation, a valid email address (Your "Information").
Any Profile You submit must be accurate and describe You, an individual person. The Profile
requires standard fields to be completed and you may not include in these fields any telephone
numbers, street addresses, email addresses or other means of contacting You, other than Your last
name and URLs.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of
any resume or material contained therein placed by You on the Bookyourcrew Site.
Bookyourcrew reserves the right to offer third party services and products to You based on the
preferences that You identify in Your registration and at any time thereafter or you have agreed to
receive, such offers may be made by Bookyourcrew or by third parties. Please see
Bookyourcrew's Privacy Policy for further details regarding Your Information.
You understand and acknowledge that You have no ownership rights in Your account and that if
You cancel Your Bookyourcrew account or Your Bookyourcrew account is terminated, all Your
account information from Bookyourcrew, including resumes, Profiles, cover letters, saved jobs,
questionnaires will be marked as deleted in and may be deleted from Bookyourcrew's databases
and will be removed from any public area of the Bookyourcrew Site. Information may continue
to be available for some period of time because of delays in propagating such deletion through
Bookyourcrew’s web servers. In addition, third parties may retain saved copies of Your
Information.
Bookyourcrew reserves the right to delete Your account and all of Your Information after a
significant duration of inactivity.
5. User Content and Submissions. You understand that all information, data, text,
software, music, sound, photographs, graphics, video, advertisements, messages or other
materials submitted, posted or displayed by You on or through a Bookyourcrew Site ("User
Content") is the sole responsibility of the person from which such User Content originated.
Bookyourcrew claims no ownership or control over any User Content. You or a third party
licensor, as appropriate, retain all patent, trademark and copyright to any User Content you
submit, post or display on or through Bookyourcrew and you are responsible for protecting those
rights, as appropriate. By submitting, posting or displaying User Content on or through
Bookyourcrew, you grant Bookyourcrew a worldwide, non-exclusive, royalty-free license to
reproduce, adapt, distribute and publish such User Content through Bookyourcrew. In addition,
by submitting, posting or displaying User Content which is intended to be available to the general
public, you grant Bookyourcrew a worldwide, non-exclusive, royalty-free license to reproduce,
adapt, distribute and publish such User Content for the purpose of promoting Bookyourcrew and
its services. Bookyourcrew will discontinue this licensed use within a commercially reasonable
period after such User Content is removed from Bookyourcrew. Bookyourcrew reserves the right
to refuse to accept, post, display or transmit any User Content in its sole discretion.
If You post User Content in any public area of the Bookyourcrew Site, You also permit any User
to access, display, view, store and reproduce such User Content for personal use. Subject to the
foregoing, the owner of such User Content placed on the Bookyourcrew Site retains any and all
rights that may exist in such User Content. Bookyourcrew may review and remove any User
Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or
regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or
threatens the safety of, Users of the Bookyourcrew Site. Bookyourcrew reserves the right to
expel Users and prevent their further access to the Bookyourcrew Site and/or use of
Bookyourcrew Services for violating the Terms or applicable laws, rules or regulations.
Bookyourcrew may take any action with respect to User Content that it deems necessary or
appropriate in its sole discretion if it believes that such User Content could create liability for
Bookyourcrew, damage Bookyourcrew’s brand or public image, or cause Bookyourcrew to lose
Users or (in whole or in part) the services of its ISPs or other suppliers.
Bookyourcrew does not represent or guarantee the truthfulness, accuracy, or reliability of User
Content, derivative works from User Content, or any other communications posted by Users nor
does Bookyourcrew endorse any opinions expressed by Users. You acknowledge that any
reliance on material posted by other Users will be at Your own risk.
You may not include, in any User Content submitted to any Bookyourcrew Site, information that
may be interpreted as a direct solicitation, advertisement or recruitment for an available job
position directed to individuals seeking employment on either a full time or part time basis. In
order to protect Users from unauthorized commercial advertising or solicitation, Bookyourcrew
reserves the right to restrict the number of e-mails or other messages which a User may send to
other Users to a number which Bookyourcrew deems appropriate in its sole discretion.
Candidate profiles derived from User Content may also be made available through the
Bookyourcrew Site. Bookyourcrew does not make any representations regarding the accuracy or
validity of such derived works or their appropriateness for evaluation by Employers. Derived
profiles may differ significantly from User Content.
We appreciate hearing from our Users and welcome Your comments regarding our services and
the Bookyourcrew Site. Please be advised, however, that our policy does not permit us to accept
or consider creative ideas, suggestions, inventions or materials other than those which we have
specifically requested. While we do value Your feedback on our services, please be specific in
Your comments regarding our services and do not submit creative ideas, inventions, suggestions,
or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts,
inventions, or other information (collectively the "Submission"), the Submission shall be the
property of Bookyourcrew. None of the Submission shall be subject to any obligation of
confidentiality on our part and we shall not be liable for any use or disclosure of any Submission.
Bookyourcrew shall own exclusively all now known or later discovered rights to the Submission
and shall be entitled to unrestricted use of the Submission for any purpose whatsoever,
commercial or otherwise, without compensation to You or any other person.
6. Identification Of Agent To Receive Notification And Elements Of
Notification Of Claimed Copyright or Trademark Infringement. If You believe that Your
copyrighted work or trademark has been uploaded, posted or copied to the Bookyourcrew Site
and is accessible on such Bookyourcrew Site in a way that constitutes copyright or trademark
infringement, please contact the person who we have designated as our agent to receive notices of
claims of copyright or trademark infringement or other nonconformance to these Terms on the
Bookyourcrew Site. You can contact that person as follows: Christine Bellet, CEO,
Bookyourcrew.com, 9854 National Blvd. # 223, Los Angeles, CA 90034.
7. Policy Regarding Termination Of Users Who Infringe The Copyright Or
Other Intellectual Property Rights Of Others. Bookyourcrew respects the intellectual property
of others, and we ask our Users and content partners to do the same. The unauthorized posting,
reproduction, copying, distribution, modification, public display or public performance of
copyrighted works constitutes infringement of the copyright owners rights. As a condition to
Your use of the Bookyourcrew Site, You agree not to use the Bookyourcrew Site to infringe the
intellectual property rights of others in any way. Bookyourcrew reserves the right to terminate
the accounts of any Users, and block access to the Bookyourcrew Site of any Users who are
repeat infringers of the copyrights, or other intellectual property rights, of others. Bookyourcrew
reserves the right, in its sole discretion, to take these actions to limit access to the Site and/or
terminate the accounts of any time, in our sole discretion Users who infringe any intellectual
property rights of others, whether or not there is any repeat infringement, with or without notice,
and without any liability to the User who is terminated or to the User whose access is blocked.
Notwithstanding the foregoing, in the event that You believe in good faith that a notice of
copyright infringement has been wrongly filed against You, please contact the person named in
Section 7, above.
8. Bookyourcrew's Liability. The Bookyourcrew Site acts as, among other things,
venues for (i) Employers to post job opportunities and search for and evaluate job candidates and
(ii) candidates to post resumes and Profiles and search for and evaluate job opportunities.
Bookyourcrew does not screen or censor the listings, including Profiles offered. Bookyourcrew
is not involved in the actual transaction between Employers and candidates. As a result,
Bookyourcrew is not responsible for User Content, the quality, safety or legality of the jobs or
resumes posted, the truth or accuracy of the listings, the ability of Employers to offer job
opportunities to candidates or the ability of candidates to fill job openings and Bookyourcrew
makes no representations about any jobs, resumes or User Content on the Bookyourcrew Site.
While Bookyourcrew reserves the right in its sole discretion to remove User Content, job
postings, resumes or other material from the Bookyourcrew Site from time to time,
Bookyourcrew does not assume any obligation to do so and to the extent permitted by law,
disclaims any liability for failing to take any such action.
Bookyourcrew does not screen or censor the Profiles or User Content on the Bookyourcrew Site.
Bookyourcrew is not involved in the actual communications between Users. As a result,
Bookyourcrew has no control over the accuracy, reliability, completeness, or timeliness of the
Profiles or User Content submitted on the Bookyourcrew Site and makes no representations about
any Profile or User Content on the Bookyourcrew Site.
Note that there are risks, including but not limited to the risk of physical harm, of dealing with
strangers, underage persons or people acting under false pretenses. You assume all risks
associated with dealing with other users with whom You come in contact through the
Bookyourcrew Site. By its very nature other people’s information may be offensive, harmful or
inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will
use caution and common sense when using the Bookyourcrew Site.
Because User authentication on the Internet is difficult, Bookyourcrew cannot and does not
confirm that each User is who they claim to be. Because we do not and cannot be involved in
User-to-User dealings or control the behavior of participants on the Bookyourcrew Site, in the
event that You have a dispute with one or more Users, You release Bookyourcrew (and our
agents and employees) from claims, demands and damages (actual and consequential and direct
and indirect) of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest
extent permitted by law.
The Bookyourcrew Site and the Bookyourcrew Content may contain inaccuracies or
typographical errors. Bookyourcrew makes no representations about the accuracy, reliability,
completeness, or timeliness of the Bookyourcrew Site or the Bookyourcrew Content. The use of
the Bookyourcrew Site and the Bookyourcrew Content is at Your own risk. Changes are
periodically made to the Bookyourcrew Site and may be made at any time. Bookyourcrew cannot
guarantee and does not promise any specific results from use of the Bookyourcrew Site. No
advice or information, whether oral or written, obtained by a User from Bookyourcrew or through
or from the Bookyourcrew Site shall create any warranty not expressly stated herein.
If You are a California resident, You waive California Civil Code Section 1542, which says:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS
OR HER SETTLEMENT WITH THE DEBTOR."
Bookyourcrew encourages You to keep a back-up copy of any of Your User Content. To the
extent permitted by law, in no event shall Bookyourcrew be liable for the deletion, loss, or
unauthorized modification of any User Content.
Bookyourcrew does not provide or make any representation as to the quality or nature of any of
the third party products or services purchased through the Bookyourcrew Site, or any other
representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty
would be furnished solely by the provider of such third party products or services, under the
terms agreed to by the provider.
If You believe that something on the Bookyourcrew Site violates these Terms please contact our
designated agent set forth in Section 7 above.
If notified of any content or other materials which allegedly do not conform to these Terms,
Bookyourcrew may in its sole discretion investigate the allegation and determine whether to
remove or request the removal of the content. Bookyourcrew has no liability or responsibility to
Users for performance or nonperformance of such activities.
9. Disclaimer of Warranty. TO THE FULLEST EXTENT POSSIBLE BY LAW,
BOOKYOURCREW DOES NOT WARRANT THAT THE BOOKYOURCREW SITE OR
ANY BOOKYOURCREW SERVICES WILL OPERATE ERROR-FREE OR THAT THE
BOOKYOURCREW SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR
OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE BOOKYOURCREW SITE OR
THE BOOKYOURCREW CONTENT RESULTS IN THE NEED FOR SERVICING OR
REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, BOOKYOURCREW IS
NOT RESPONSIBLE FOR THOSE COSTS. THE BOOKYOURCREW SITE AND
BOOKYOURCREW CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. BOOKYOURCREW, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR
PARTICULAR PURPOSE AND NON-INFRINGEMENT. BOOKYOURCREW MAKES NO
WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF THE BOOKYOURCREW CONTENT, SERVICES, SOFTWARE, TEXT,
GRAPHICS, AND LINKS.
10. Disclaimer of Consequential Damages. TO THE FULLEST EXTENT
POSSIBLE BY LAW, IN NO EVENT SHALL BOOKYOURCREW, ITS SUPPLIERS, OR
ANY THIRD PARTIES MENTIONED ON THE BOOKYOURCREW SITE BE LIABLE FOR
ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL
AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM
LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION)
RESULTING FROM THE USE OR INABILITY TO USE THE BOOKYOURCREW SITE
AND THE BOOKYOURCREW CONTENT, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
BOOKYOURCREW IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Limitation of Liability. TO THE FULLEST EXTENT POSSIBLE BY LAW,
BOOKYOURCREW'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION
WITH THE BOOKYOURCREW SITE OR YOUR USE OF THE BOOKYOURCREW
CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT,
TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
12. Links to Other Sites. The Bookyourcrew Site contains links to third party Web
sites. These links are provided solely as a convenience to You and not as an endorsement by
Bookyourcrew of the contents on such third-party Web sites. Bookyourcrew is not responsible
for the content of linked third-party sites and does not make any representations regarding the
content or accuracy of materials on such third party Web sites. If You decide to access linked
third-party Web sites, You do so at Your own risk.
13. No Resale or Unauthorized Commercial Use. You agree not to resell or assign
Your rights or obligations under these Terms. You also agree not to make any unauthorized
commercial use of the Bookyourcrew Site.
14. Indemnity. You agree to defend, indemnify, and hold harmless Bookyourcrew,
its affiliates, and their respective officers, directors, employees and agents, from and against any
claims, actions or demands, including without limitation reasonable legal and accounting fees,
alleging or resulting from (i) any User Content or other material You provide to the
Bookyourcrew Site, (ii) Your use of any Bookyourcrew Content, or (iii) Your breach of these
Terms. Bookyourcrew shall provide notice to You promptly of any such claim, suit, or
proceeding.
15. General. Bookyourcrew makes no claims or representations that the
Bookyourcrew Content may be lawfully viewed or accessed outside of the United States. Access
to the Bookyourcrew Content may not be legal by certain persons or in certain countries. If You
access the Bookyourcrew Site You do so at Your own risk and are responsible for compliance
with the laws of Your jurisdiction. Any software downloaded from the Bookyourcrew Site is
further subject to United States export control laws, and may not be downloaded or otherwise
exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea,
Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual
or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S.
Commerce Department’s Table of Deny Orders. By downloading or using such software, You
represent and warrant that You are not located in, under the control of, or a national or resident of
any such country, individual, or entity on any such list.
These Terms are governed by the internal substantive laws of the State of California, without
respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement
shall lie exclusively with the state or federal courts within Los Angeles, California. If any
provision of these Terms are found to be invalid by any court having competent jurisdiction, the
invalidity of such provision shall not affect the validity of the remaining provisions of these
Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be
deemed a further or continuing waiver of such term or any other term. In addition,
Bookyourcrew’s failure to enforce any term of these Terms shall not be deemed as a waiver of
such term or otherwise affect Bookyourcrew’s ability to enforce such term at any point in the
future. Except as expressly provided in an additional agreement, additional Terms for certain
areas of the Bookyourcrew Site, a particular "Legal Notice," or software license or material on
particular pages on the Bookyourcrew Site, these Terms constitute the entire agreement between
You and Bookyourcrew with respect to the use of the Bookyourcrew Site. No changes to these
Terms shall be made except by a revised posting on this page.
16. Additional Terms. Certain areas of the Bookyourcrew Site are subject to
additional Terms. By using such areas, or any part thereof, You agree to be bound by the
additional Terms applicable to such areas.
17. Term and Termination. These Terms will remain in full force and effect while
You are a User of the Bookyourcrew Site. Bookyourcrew reserves the right, at its sole discretion,
to pursue all of its legal remedies, including but not limited to removal of Your User Content
from the Bookyourcrew Site and immediate termination of Your registration with or ability to
access the Bookyourcrew Site and/or any other services provided to You by Bookyourcrew, upon
any breach by You of these Terms or if Bookyourcrew is unable to verify or authenticate any
information You submit to a Bookyourcrew Site registration. Even after You are no longer a
User of the Bookyourcrew Site, certain provisions of these Terms will remain in effect, including
Sections 1, 2, 5, 7 through 16, inclusive.
Update effective October 2012
