REFUNDS WILL NOT BE PROVIDED FOR ANY SUBSCRIPTION. WE DO NOT PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE CANCELLED MID-MONTH. In such a circumstance, you will continue to have access to your Subscription until the end of the monthly billing cycle.
You can cancel your Subscription at any time. Please note that you must cancel your Subscription before it renews for a subsequent month in order to avoid being charged for the next month's Subscription Fee. If you cancel your Subscription, the cancellation will become effective at the end of the then-current monthly Subscription period.
Welcome to ReppedBy (“we,” “us,” “our,” “ReppedBy,”, “Company”, and such defined terms will include ReppedBy’s affiliates). These General Terms of Service (“TOS”) apply to anyone using our Services (as defined in Section 2 below), including the general public, talent, competition, organizers and associated staff, distributors, agents and managers (collectively and individually such parties referenced in this sentence are “you” or “your”). ReppedBy collects personal information about you through your use of the services and the web site, including your registration details; and information relating to your use of the web site and the content you access. You agree that ReppedBy may use this personal information to assist us to provide the services to you, for internal research purposes, to verify your identity, for promoting and marketing other ReppedBy products and services to you, and for any other use that you authorize. We reserve the right to amend, in our sole discretion, these TOS, and any supplemental terms, to comply with applicable laws, to address new services or features, or for any other reasons we determine in our sole discretion. We may supplement these TOS by posting guidelines or rules applicable to specific Services within the Website at anytime. By accepting these TOS, you agree to abide by all guidelines, policies, and rules related to the Services posted on the Website. If you do not agree to any of these terms, then please do not use or sign up to ReppedBy Website.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms.
ReppedBy provides a range of content hosting and communication services, including content, features, functionalities and other services to allow Talent (as defined herein) to connect with talent agents, managers, casting directors, and other professionals rendering professional services in motion picture, theatrical, radio, television and other entertainment enterprises, (collectively the “Services”).
Each time you access and/or use the ReppedBy Website, you agree to be bound by these Terms and any additional terms or conditions presented to you for Services you select that will apply to you, such as promotional offers.
BY CHECKING THE “I AGREE” BOX, OR BY CONTINUING TO USE THE SERVICES FOLLOWING OUR POSTING OF REVISED TOS ON THE WEBSITE, YOU (A) AGREE TO BE BOUND BY THIS TOS; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE FITNESS OF USING THE SERVICES DESCRIBED IN THE TOS AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS TOS; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (E.G., YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS TOS. IN ADDITION, IF THIS TOS IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS TOS ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS TOS.
You May Use The Services:
ReppebBy does NOT guarantee that any requests will be made from talent agencies or management companies for representing you or your client when using the ReppedBy services.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT REPPEDBY DOES NOT INQUIRE INTO THE BACKGROUNDS OR LEGITIMACY OF ANY OF ITS MEMBERS, TALENT AND TALENT REPRESENTATIVES INCLUDED, OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. REPPEDBY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. REPPEDBY RESERVES THE RIGHT TO CONDUCT ANY BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
IN NO EVENT SHALL REPPEDBY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET IN PERSON. YOU UNDERSTAND THAT REPPEDBY MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE.
Indemnification. You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
While every effort is made to keep lists regularly updated, ReppedBy does not guarantee the accuracy of the information provided or the exact number of agents and managers that your package will be electronically sent to or seen by.
ReppedBy does not attest to, or guarantee the validity or legitimacy of any of the industry professionals that your electronic package will be submitted to. ReppedBy does not represent itself as having a relationship with any agent or manager on its lists nor does it intend to imply that any agent or manager has requested that material be sent to them for consideration.
You understand that the fees for ReppedBy’s services are non-refundable.
You hereby grant ReppedBy the right to send electronic packages through the ReppedBy Website on your behalf to industry professionals who have subscribed through our database.
The testimonials displayed on this website have been supplied by Talents who have used the ReppedBy services since 2016. The results and comments supplied by the Talents who volunteered these testimonials, relate to the individual Talent and their experience using the ReppedBy services. These individual results should not be construed, or interpreted as results that will apply to each electronic submission sent out by ReppedBy’s system or by using our system.
1. You agree to provide accurate, current and complete information about yourself and your Work (as applicable) or your Talent/Management Agency (as applicable) as prompted by us via our Services’ registration process and you will maintain and promptly update this information to keep it accurate, current and complete. If you provide information about yourself, Your Company, or your Work that is inaccurate, not current, or incomplete (or we have reasonable grounds to suspect that such information is inaccurate, not current or incomplete), we may suspend or terminate your account and deny you further access to the Website or Services.
3. ReppedBy hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for commercial use; (ii) you will not copy or distribute any part of the Website in any medium without ReppedBy’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
4. In order to access some features of the Website, you will have to create a Digital Profile. You will not be charged any fees for the creation of a Digital Profile. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account. You must notify ReppedBy immediately of any breach of security or unauthorized use of your account. Although ReppedBy will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ReppedBy or others due to such unauthorized use.
5. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to ReppedBy servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, ReppedBy reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
6. The content on the ReppedBy Website, except all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to ReppedBy, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. ReppedBy reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of ReppedBy’s Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the ReppedBy Website or the Content therein.
7. The ReppedBy Website may now or in the future permit the submission of videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, ReppedBy does not guarantee any confidentiality with respect to any submissions. ReppedBy website is available to those businesses who choose to use the uploading service. Those users may choose to share uploaded content with their peers or clients. In order to view uploaded content the end user must first enter a user name and password. ReppedBy assumes no responsibility for the misuse of an uploaded file nor can guarantee the security of the files or folders a user publishes.
8. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize ReppedBy to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. You also hereby grant each user of ReppedBy Website a non-exclusive license to access your User Submissions through the pass word protected Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove, request to remove or delete a User Submission from ReppedBy’s Website.
Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated
1. your physical or electronic signature;
2. identification of the copyrighted work(s) that you claim to have been infringed;
3. identification of the material on our services that you claim is infringing and that you request us to remove;
4. sufficient information to permit us to locate such material;
5. your address, telephone number, and e-mail address;
6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Khamoushian Law Group
ATTN: Layla Khamoushian
15250 Ventura Boulevard, Suite 505
Sherman Oaks, California 91403
You understand that when using the ReppedBy Website, you will be exposed to User Submissions from a variety of sources, and that ReppedBy is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ReppedBy with respect thereto, and agree to indemnify and hold ReppedBy, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
YOU AGREE THAT YOUR USE OF THE REPPEDBY WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, REPPEDBY ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. REPPEDBY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE REPPEDBY WEBSITE. REPPEDBY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH REPPEDBY’S WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND REPPEDBY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL REPPEDBY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA REPPEDBY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT REPPEDBY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by ReppedBy from its facilities in the United States of America. ReppedBy makes no representations that the ReppedBy Website is appropriate or available for use in other locations. Those who access or use ReppedBy’s Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless ReppedBy, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to ReppedBy Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of ReppedBy’s Website.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ReppedBy without restriction.
You agree that: (i) ReppedBy Website shall be deemed solely based in California; and (ii) ReppedBy Website shall be deemed a passive website that does not give rise to personal jurisdiction over ReppedBy, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and ReppedBy that arises in whole or in part from ReppedBy’s Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Service, together with the Privacy Notice and any other legal notices published by ReppedBy on the Website, shall constitute the entire agreement between you and ReppedBy concerning ReppedBy Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and ReppedBy ‘s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. ReppedBy reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of ReppedBy’s Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND REPPEDBY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO REPPEDBY WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
REPPEDBY IS A TALENT LISTING SERVICE. THIS IS NOT A TALENT AGENCY CONTRACT. ONLY A TALENT AGENT LICENSED PURSUANT TO SECTION 1700.5 OF THE LABOR CODE MAY ENGAGE IN THE OCCUPATION OF PROCURING, OFFERING, PROMISING, OR ATTEMPTING TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR AN ARTIST. CASTING IS PROHIBITED BY LAW FROM OFFERING OR ATTEMPTING TO OBTAIN AUDITIONS OR EMPLOYMENT FOR YOU. IT MAY ONLY PROVIDE YOU WITH LISTING INFORMATION. FOR MORE INFORMATION, CONSULT CHAPTER 4.5 (COMMENCING WITH SECTION 1701) OF PART 6 OF DIVISION 2 OF THE LABOR CODE. A DISPUTE ARISING OUT OF THE PERFORMANCE OF THE CONTRACT BY THE TALENT SERVICE THAT IS NOT RESOLVED TO THE SATISFACTION OF THE ARTIST SHOULD BE REFERRED TO A LOCAL CONSUMER AFFAIRS DEPARTMENT OR LOCAL LAW ENFORCEMENT, AS APPROPRIATE.
We do not allow Talent or members of Groups who are under the age of majority in their country of residence (a “Minor”) to directly open an account or establish their own profiles. All Users who are Minors may only open accounts or post profiles if a legal guardian who has registered on their behalf and who maintains the profile on their behalf (“Registering Adult”) assumes responsibility for the account. We reserve the right to add special protections, including to track and record visits/views, for the profiles and/or Membership accounts of Users who are Minors for security purposes. Although we cannot absolutely control whether Minors gain unauthorized access to our Services, your profile may be deactivated and your Membership may be terminated without warning if we believe that you are a Minor and we do not have satisfactory proof or assurances that a Registering Adult maintains your Membership on your behalf.
You acknowledge that we reserve the right to charge for use and/or access to some or all aspects of the Services. If you purchase any Services that we offer for a fee, either on a one-time (“Paid Services”) or recurring billing subscription basis (“Subscription Services”), you agree that ReppedBy (or its authorized service providers) may store your payment card information and ReppedBy will bill you the appropriate fee for the Paid Services or the applicable term rate for your Subscription Services (“Subscription Fees”) using the billing information you provide (your "Billing Information") for use of the Subscription Service. You agree to pay ReppedBy all Subscription Fees and other charges at the prices then in effect for your use of the Subscription Service using your Billing Information, including any applicable taxes, and you authorize ReppedBy to charge your chosen payment provider (your "Payment Method") for the Paid Services and Subscription Services, including the recurring Subscription Fees for the Subscription Term you select. All subscriptions longer than one month will automatically renew at our monthly subscription rate and will be billed on a monthly basis. You agree to make payment using your selected Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, debit/credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If ReppedBy does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your account upon demand. In the event we are advised of insufficient funds in your account or credit to cover your payment by your Payment Method, we may re-present such un-cleared or rejected payment to your Payment Method Provider. In the event we have to collect unpaid amounts you owe us, you will be liable for all collection costs, including attorneys' and collection agency fees. ReppedBy reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third party sources.
All fees/prices are in US Dollars, unless otherwise indicated, and do not include Internet service provider, telephone, and other connection charges. Depending upon your credit card's currency and the country in which your card was issued, your credit card provider may impose foreign exchange fees and other fees, which are in accordance with your arrangements with that credit card provider.
You can cancel your subscription at any point during your current subscription term to avoid subsequent fees being billed by contacting us by phone or by emailing us at firstname.lastname@example.org, or by writing or faxing us as set forth below.
If you cancel a subscription term that is longer than one month, you will receive a pro-rata refund based upon any full months left on your subscription term and any Paid Services you have requested and received and your subscription will continue through the rest of the current month. Partial months are not refunded.
AUTOMATIC RECURRING BILLING FOR PAID MEMBERSHIPS AND ACCOUNT ARCHIVING SERVICES – In order to ensure uninterrupted services, paid memberships will automatically be renewed at the end of each billing cycle, (sometimes monthly, sometimes annually) and the user’s credit card will automatically be charged the current membership rate at the time of each renewal.
If you terminate or downgrade to a free account, all previously sent packages will be removed from agent and manager dashboards.
ALL CHARGES FOR MONTHLY SUBSCRIPTION TERMS ARE NON-REFUNDABLE REGARDLESS OF THE AMOUNT OF TIME LEFT ON THE SUBSCRIPTION TERM.
If your Membership is terminated as a result of your breach of this Agreement (including failure to pay fees when due), your access will be terminated with or without notice and you shall not be entitled to the refund of any unused portion of fees.
We reserve the right to deactivate your talent Profile making it unsearchable in our database if you have not logged onto your account in more than 60 days. If this occurs, please contact customer service by emailing us at email@example.com
We may provide links via the Website or Services to other websites, resources, or advertisements for third party products or services (“Advertised Product/Service”). We rely on the third party provider of Advertised Product/Service to ensure such products and/or services are appropriate for our members. We disclaim any and all responsibility and liability for the Advertised Product/Service and we do not endorse or recommend such products or services. If you choose to purchase the Advertised Product/Service, you assume all risk and liability for such purchase, and you will not hold ReppedBy responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
You may be able to access the ReppedBy Website and Applications outside the United States. You agree to comply with all local, national or international laws regarding online conduct. You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or to or from the country in which you reside.
You agree that ReppedBy will not be liable for any interruption of Services, delay or failure to perform, and you understand that except as may be otherwise specifically provided for in this Agreement, you shall not be entitled to any refunds of fees for interruption of service or failure to perform.
We reserve the right to withhold, remove and or discard any content available as part of your Membership account, including your profile, with or without notice, for any reason in our sole discretion. For avoidance of doubt, ReppedBy has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the ReppedBy Website.
The ReppedBy Website is for the personal use of Users and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Illegal and/or unauthorized use of the ReppedBy Website and Applications, including collecting names and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the ReppedBy Website is prohibited. Commercial advertisements, affiliate and third party links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership, in our sole discretion. Appropriate legal action may be taken for any illegal or unauthorized use of the ReppedBy Website.
All comments, feedback or materials submitted by you to us, including feedback, testimonials, images, reviews, questions, comments, suggestions or ideas (collectively, “Feedback”), shall be received and treated by us on a non-confidential and unrestricted basis. ReppedBy will be free to use, display, perform, distribute, copy, adapt, and promote, in any medium now known or later developed, without compensation to you, the Feedback along with all ideas, concepts, know-how, techniques or methodologies contained in such Feedback, for any purpose whatsoever, including without limitation, developing, marketing and selling products and services incorporating such Feedback. You agree that in submitting Feedback, it will not violate any right of any third party, including any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity. You further agree that no Feedback you submit will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain viruses, commercial solicitations, or any form of “spam”.
You retain copyright and other intellectual property rights with respect to your User Content that you submit or transmit to or display on or through the ReppedBy Website or any Service, to the extent that you have such rights under applicable law. You may request the deletion of your User Content at any time by using the tools in the ReppedBy to do so; however, if you have shared User Content with others, through the Website, ReppedBy has no control over any third parties use of that Content. Further, you acknowledge that removed User Content may persist in backup copies for recordkeeping and internal purposes, including enforcing these Terms.
By submitting, transmitting, or displaying your User Content to or through the ReppedBy Website, you automatically grant (and you represent and warrant that you have the right to grant) to ReppedBy a worldwide, sublicenseable, assignable, perpetual, irrevocable, non-exclusive, royalty-free, unlimited right and license to use, reproduce, publish, distribute, publicly display and perform, reformat, modify and delete your User Content solely in connection with the ReppedBy Website and only as long as you are a Member (“License”). This License will enable each User of the ReppedBy Website to access your User Content as permitted through the functionality of the Website and under these Terms. This License includes the right to modify or adapt your User Content in order to transmit, display or distribute it over computer networks, in various media and to devices but does not give us the right to use your User Content outside of the ReppedBy Website or as is contemplated by the functionality of the ReppedBy Website, and you retain the copyright to your User Content and subject to the terms herein, the right to delete it from the ReppedBy Website at any time.
By providing User Content to us you represent and warrant that you own such User Content or otherwise have the right to grant us the License set forth in this section; that the User Content is accurate and not confidential and the submission, transmission, posting and use of your User Content on ReppedBy’s Website is not in violation of any applicable laws or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights) and, you are solely responsible for, and ReppedBy will have no liability in connection with, your User Content or any other User Content you access through the ReppedBy Applications. Your ownership in your User Content does not confer any rights of access to the ReppedBy Applications nor any rights to User Content stored by or on behalf of ReppedBy INC.
ReppedBy INC is a service provider, which means, among other things, that we do not control each and every aspect of the ReppedBy Applications. You acknowledge that ReppedBy is a service provider that may offer Users opportunities to interact on and through the ReppedBy Website regarding topics and content chosen by other Users. Generally, we do not regulate Users’ interactions with the ReppedBy Website or communications with each other on the ReppedBy Applications. As a result, we have limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of content accessed through or Users of the ReppedBy Website.
You are solely responsible for your interactions with other Users. ReppedBy may limit the number of connections or interactions you may have to and with other Users through the ReppedBy Website or views of Membership profiles, and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. ReppedBy reserves the right to terminate your Membership account if we determine, in our sole discretion, that doing so is necessary to enforce this Agreement or to protect its business reputation or Users.
As a condition of access to our ReppedBy Applications, you release ReppedBy, Inc. including its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors (“ReppedBy Licensees”) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of the ReppedBy Applications or Services, including any claim against any individual or entity who creates an unauthorized account for you on your behalf.
You understand and agree that: (i) ReppedBy will have the right but not the obligation to assist Users in resolving disputes among Users relating to Users’ use of the ReppedBy Applications or Services; (ii) ReppedBy’s resolution of any particular dispute does not create an obligation to resolve any other dispute; (iii) to the extent ReppedBy elects to assist in resolving such disputes, it will do so in good faith based solely on the general rules and standards of the ReppedBy Applications and will not make judgments regarding the potential claims or provide legal advice; (iii) ReppedBy’s resolution of such disputes will be final with respect to the respective Users’ use of the ReppedBy Applications but will have no other effect on the actions of the Users or their respective claims; and (iv) you hereby release the ReppedBy Licensees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with ReppedBy’s resolution of disputes relating to the ReppedBy Applications.
The Site is provided “As Is”
ReppedBy provides the ReppedBy Website, Applications, and Services strictly on an “AS IS” and “AS AVAILABLE” basis, provided at your own risk, and, to the fullest extent permissible under applicable law, REPPEDBY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the foregoing, ReppedBy makes no warranty as to the quality, accuracy, completeness and validity of any information or content you access or receive in connection with the ReppedBy Website, Applications or Services, or that your use of the ReppedBy Applications will meet your requirements. Do not rely on the ReppedBy Applications, any information therein, or its continuation. If you are dissatisfied or harmed by the Sites or anything related to the ReppedBy Applications, you may close your account in accordance with the section on “Suspension and termination” and such termination shall be your sole and exclusive remedy.
ReppedBy is not responsible, and makes no representations or warranties for the delivery of any messages sent through the ReppedBy Applications to anyone. In addition, we neither warrant nor represent that your use of the ReppedBy Applications will not infringe the rights of third parties. Any material, service, or technology described or used on the ReppedBy Applications may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us.
ReppedBy does not have any obligation to verify the identity of the persons accessing the ReppedBy Applications or subscribing to the Services, nor does it have any obligation to monitor the use of its Services by other Users; therefore, ReppedBy disclaims all liability for identity theft or any other access to or misuse of your identity or information.
ReppedBy does not guarantee that the ReppedBy Applications will function without interruption or errors in functioning, or be virus-free, or that any errors or defects on the ReppedBy Applications will be corrected. In particular, the operation of the ReppedBy Applications may be interrupted due to maintenance, updates, or system or network failures. ReppedBy disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, ReppedBy disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the ReppedBy Applications due to inappropriate equipment, disturbances related to Internet service providers, to the saturation of the internet network, and for any other reason.
When using the ReppedBy Applications, you may accumulate Content that resides as data on ReppedBy’s servers. This data, and any other data, Membership history and User names residing on ReppedBy’s servers may be deleted, altered, moved or transferred at any time for any reason in ReppedBy’s sole discretion.
You acknowledge that, notwithstanding any copyright or other rights you may have with respect to Content you upload, transmit, display and/or create using the Sites, and notwithstanding any value attributed to such Content or other data by you or any third party, REPPEDBY DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON REPPEDBY’S SERVERS.
You understand and agree that ReppedBy has the right, but not the obligation, to remove any Content (including your User Content) in whole or in part at any time for any reason or no reason, with or without notice and with no liability of any kind.
IN NO EVENT SHALL THE REPPEDBY PARTIES OR THEIR RESPECTIVE SUPPLIERS, LICENSORS OR DISTRIBUTORS IN HOSTING, OPERATING OR DELIVERING THE REPPEDBY APPLICATIONS OR SERVICES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SITE (INCLUDING ITS MODIFICATION OR TERMINATION), YOUR MEMBERSHIP (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT REPPEDBY MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
IN ADDITION, YOU AGREE THAT IN NO EVENT WILL REPPEDBY CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED FIVE TIMES THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR A PAID SERVICE, IF ANY, OR U.S. ONE HUNDRED DOLLARS (U.S. $100.00), WHICHEVER IS GREATER.
You agree to defend, indemnify and hold harmless the ReppedBy Parties for all damages, losses, liabilities, claims, and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, arising from, relating to, or caused by (a) your use of the ReppedBy Applications and Services, (b) your failure to comply with this Agreement, including, without limitation, your submission of Content that violates third party rights or applicable laws, and (c) your Membership.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and, as a result, the contents of this section may not apply to you.
Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: 842 N. Stanley Ave., , Los Angeles , California 90046. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(c) Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
(d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
(e) Time Limits. If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
(g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(j) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
(k) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
(l) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
(m) Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
(n) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
(o) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
(p) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California, for such purpose
Any claim or action for (i) indemnification, (ii) any violation of ReppedBy’s intellectual property rights, (iii) contribution, (iv) interpleader, or (v) injunctive relief arising out of a Claim shall not be subject to arbitration.
This Agreement does not create third party beneficiary rights enforceable by third parties.
Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Copyright © 2016 Reppedby, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Last Updated: 5-21-2016
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We get information about you in a range of ways.
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842 N. Stanley Ave
Los Angeles, California, 90046