MMCA™ Diverse Stakeholder Directory Subscriber Agreement

Last Updated: November 1, 2017

The web site located at www.mmcadc.com, (the “Site”) is provided by MMCA™, and contains profile and contact information for current and aspiring multicultural media stakeholders, including but not limited to journalist, correspondents, talent, creators, directors, producers, programmers, distributors, executives, set and camera productions, makeup artists, behind the camera and on-air personalities (“Stakeholder”). These Stakeholders are able to claim their page and (1) share their pictures, bios and otherwise promote themselves – e.g., can add up to 200 images, upload demo reels, submit resume details and additional credits, keep contact and representation info current, and more; (2) register to receive email notification for employment and internship opportunities, offers, funding and other resources; (3) join forums and peer advice networks, (4) stay up to date on industry news and important policy developments. Media Industry and other decision makers can use the database to identify and provide opportunities to diverse stakeholders outside of their networks.  Your access to and use of the Site is governed by this Subscriber Agreement (“Agreement”). As used in this Agreement, “MMCA™,” “we,” “us” or “our” refers to MMCA™, and “you” or ““your” refers to you, the user of the Site. The Agreement below is the agreement you consented to upon subscribing to the site. This Agreement does not apply to use of the publicly available Web Site maintained by MMCA™ and located at http://www.mmcadc.org.

  1. Access and Passwords

As part of the subscription process for this Site, you have selected or been assigned a particular password and MMCA™ in accordance with MMCA™ password and MMCA™ ID guidelines. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR PASSWORD OR MMCA™ ID, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR PASSWORD OR MMCA™ ID. You agree that all actions taken by you, or any other user that accesses the Site using your MMCA™ ID, at or through the Site will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or made an error. You assume all resulting liability from use of the Site and any services available on it by you or others using your password or MMCA™ ID. If you lose your password, please visit here to reset the password. Click the “Forgot your password?” option and proceed to the reset prompt. Enter the username or email address you used to register your account and click “Get New Password”. Next, you’ll receive a password reset link via email. Use this link to set your new password and login.

  1. Subscription Fees and Payments

You can always find the current Subscription Fees posted by clicking this link. Your subscription will continue and renew automatically, unless terminated by MMCA™ or until you click the “Cancel” button, located at the bottom of each page of the Site, to confirm your decision to terminate your subscription. If there are any annual, monthly, or similar periodic fees for your subscription (including any applicable taxes), these fees will be billed automatically to the credit card designated during the registration process for the Site or subsequently designated by you to MMCA™, at the start of the annual, monthly or similar period, and at the start of each renewal period, unless you terminate your subscription before the relevant period begins. You agree to pay or have paid all fees and charges incurred in connection with your MMCA™ ID and password for the Site (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges (including any applicable taxes) are nonrefundable. MMCA™ may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All fees and charges (including any applicable taxes) incurred in connection with your MMCA™ ID and password will be billed to the credit card designated during the registration process for the Site or subsequently designated by you to MMCA™. If you want to designate a different credit card or there is a change in credit card validity or expiration date, please access your “Account Settings” tab to update your account. If you believe someone has accessed the Site using your MMCA™ ID and password without your authorization, you must e-mail the MMCA™ Help Desk. You also are responsible for any fees or charges incurred to access the Site through an Internet access provider or other third-party service. YOU, AND NOT MMCA™, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.

  1. Payment Methods

If we are unable to process your payment using your designated payment method, we reserve the right to charge any payment method we have on file for you. If you purchase a subscription or start a free trial for a subscription, your subscription will automatically continue, and you authorize us (without further notice, unless required by applicable law) to collect the then-applicable periodic subscription fee including any taxes, using any payment method we have on file for you. We will continue to bill you for the relevant subscription service until cancelled. If all payment methods we have on file for you are declined for payment of your subscription fee, your subscription will be cancelled unless you provide us with a new payment method. If you provide us with a new payment method and are successfully charged before your subscription is cancelled, your new subscription period will be based on the original billing date and not the date of the successful charge. You can use the “Account Settings” page to update your designated payment method(s).

  1. Privacy

Our Privacy Notice is a part of this Agreement and its terms are incorporated herein by this reference. Please read it now at www.mmcadc.org/privacy

  1. User Conduct

The Site may contain bulletin board services, news groups, social media functionality, forums, breakdowns, and/or other message or communication facilities (“Communication Services”) designed to enable you to communicate with others. You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service. You are also prohibited from submitting to, posting on or transmitting through MMCA™ any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” is prohibited. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content.

Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including through use of the Communication Services, are those of the respective authors or distributors and not of MMCA™ nor its affiliates, nor any of their officers, directors, employees, or agents. MMCA™ and its designees have the right (but not the obligation) in their sole discretion to refuse, delete or move any content that is available via the Communication Services. Without limiting the foregoing, MMCA™ and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You specifically agree that MMCA™ is not responsible for any content sent using and/or included in the Site by any third party.

You agree that MMCA™ is not an employer with respect to any employment opportunity advertised on MMCA™, whether such employment opportunity is advertised through the Communication Services or otherwise. MMCA™ is not responsible for any employment, hiring, or salary decisions made by you or any other person, even if such person used the Communication Services to advertise the employment opportunity or communicate the employment, hiring or salary decision.

MMCA™ makes no representations, warranties or guarantees regarding the Communication Services, including as to: (i) the effectiveness of the Communication Services in meeting your employment needs or objectives; (ii) the ability of any user of the Communication Services to offer the employment opportunities or to fill any such employment opportunities such user is advertising through the Communication Services; (iii) any roles, jobs, resumes, data or other advertisements or information conveyed to you through the Communication Services; or (iv) the truthfulness, accuracy, legality, completeness, timeliness or reliability of any information transmitted through the Communication Services. MMCA™ does not pre-screen or approve in advance a user’s use of the Communication Services or other third-party content and does not investigate or monitor the quality, safety, or other legality of such uses of the Communication Services or other third-party content. While MMCA™ reserves the right in its sole discretion to remove or modify any information available on the Site, MMCA™ 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.

You acknowledge and agree that you are solely responsible for the accuracy, completeness, legality of, form, substance and completeness in connection with all uses of the Communication Services. When using the Communication Services, you will not make any inaccurate, false or misleading statements and you will not omit any information the absence of which would cause such use of the Communication Services to be misleading or inaccurate.

You may not use the Communication Services, in a manner that does not comply with applicable local, national and international laws, rules and regulations, including laws relating to (i) labor and employment, equal employment opportunity and employment eligibility requirements, non-discrimination based on age, race, color, religion, sex or national origin, and (ii) data privacy, data access and use, and commercial solicitation or advertising. You will not use the Communication Services to promote any opportunity that does not represent a bona fide employment opportunity.

You acknowledge there are risks resulting from your use of the Communication Services, including to the risks related to interacting with strangers or people acting under false pretenses. You are responsible for using caution and common sense.

If you cancel your MMCA™ subscription or if your subscription is terminated, all of your account information, including any saved resume data and any information stored in connection with your use of the Communication Services may be deleted.

  1. Copyright; Limitations on Use

Please read our Conditions, which governs the material on this Site (including materials posted by subscribers) and prohibits the republishing, filtering, altering, framing, or linking of this Site or any MMCA™ content (including graphics available on the Site) without express permission from MMCA™. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@mmcadc.org. The following activities are prohibited. You agree not to:

 

  1. Use web-accelerated browsers or products (including but not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other applications that are capable of copying large portions of content from the Site. MMCA™ can detect the use of these systems through live logfile analysis and will ban any future use of the Site by offenders.
  2. Use robots and crawlers, or similar technology, without following the robot guidelines (found at http://www.robotstxt.org/). We are able to detect robots violating the guidelines and we will ban any offenders. If you are using a robot/crawler to check MMCA™ links, it must operate according to the robot guidelines (see above). Do not leave new robots unattended and allow a minimum of 1 minute between automated requests.
  3. Use any device, software or routine or the like to interfere or attempt to interfere with any Site functionality;
  4. Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure;
  5. Use any e-mail addresses appearing on the Site for purposes not relating specifically to the Site;
  6. Access the Site by any means other than through the interface that is provided by MMCA™, or attempt to access any area of the Site to which your access is not authorized; or
  7. Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating to the Site, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
  8. Accuracy and Availability of Information

The Site contains a database of entertainment industry information and other content regarding multicultural media stakeholders compiled by MMCA™. While we use commercially reasonable efforts to provide accurate information, MMCA™ gives no warranty as to the accuracy of the database and other content on the Site. If you choose to use or rely on such information when making an employment decision or for any other purpose you do so entirely at your own risk. MMCA™ reserves the right to withdraw or delete information or content from the Site at any time.

  1. Submissions

You may submit reviews, comments, and other content, suggestions, ideas, comments, questions, including resume information, Pro data, posters, photographs, demo reels, breakdowns, casting notices, or other information, to the Site or make your blog or social media content (e.g., your Twitter updates) available to us (“Submissions”), so long as the Submissions comply with the restrictions in this Agreement. MMCA™ does not pay or provide consideration for Submissions.

All Submissions regarding improvement of or changes to the Site (“Site Submissions”) are MMCA™ property and you hereby assign all rights, title and interest in and to the same to MMCA™. With respect to all Submissions other than Site Submissions (“Content Submissions”), you grant MMCA™ and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, access, create derivative works from, distribute, and display such Content Submissions throughout the world in any media. You grant MMCA™ and its affiliates the right to use the name that you submit in connection with such Content Submissions, if they choose.

You represent and warrant that (a) you own or otherwise control all of the rights to the Submissions that you post; (b) that the content is accurate; (c) that use of the Submissions you supply does not violate this Agreement and will not cause injury to any person or entity; (d) you will comply with any Submission guidelines that are posted on the Site from time to time; (e) and that you will indemnify MMCA™ or its affiliates for all claims resulting from Submissions you supply.

MMCA™ takes no responsibility and assumes no liability for any Submissions posted by you or any third party. No Submissions are subject to any obligation of confidentiality or limited use by MMCA™ and MMCA™ has no obligation to you for any use or disclosure of Submissions.

  1. Links to Third Party Sites

MMCA™ does not endorse the content on any third-party Web site, including Web sites of MMCA™’s partners or affiliates (“Third-Party Sites”). MMCA™ is not responsible for the content of Third-Party Sites that you reach through links on the Site, sites framed within the Site, or third-party advertisements on the Site, and we do not make any representations regarding their content or accuracy. Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a Third-Party Site will be between you and the party providing that Web site. This means that MMCA™ is not your agent and is not a party to any transaction at a Third-Party Site.

  1. Representations and Warranties

You represent and warrant to MMCA™ that: (a) you possess the legal right and ability to enter into this Agreement and grant the licenses under this Agreement; (b) all information included in your Submission(s) or in your use of the Communication Services is true, accurate, and complete and omits no information necessary to prevent such Submissions or use of the Communications Services from being misleading; (c) you will be responsible for all use of your password and MMCA™ ID even if such use was conducted without your authority or permission; (d) you are at least 18 years old; and (e) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.

  1. Disclaimer of Warranties

ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE BY MMCA™ AND ITS AFFILIATES TO YOU ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, AND IMDB AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IMDB DOES NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY OR CURRENCY OF ANY CONTENT FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.

  1. Limitation of Damages

IN NO EVENT WILL MMCA™ OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF MMCA™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. Limitation of Liability; Exclusive Remedy

ALSO, IN NO EVENT WILL MMCA™ OR ANY OF ITS AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY MMCA™ FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM.

  1. Indemnity

You agree to indemnify and hold us harmless, and pay our attorney’s fees and costs, if we become liable for or incur any damages in connection with your breach of this Agreement. You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorized representative of MMCA™.

  1. Consent to Electronic Notices and Other Communications

You agree that all of your transactions relating to the Site may, at our option, be conducted electronically, including any that we are otherwise required to provide in a “writing”. For example, we may send you notices via postings at the Site or via email to any email address that you provide to us during registration as a Site member. If you do not wish to deal with us electronically, you should not use the Site or enter into this Agreement. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after it is the email is sent, unless (for email) we are notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided during registration. In such case, notice will be deemed given 3 days after the date of mailing.

  1. Print a Copy for your Records

You agree to print or make an electronic copy of this Agreement (and any amendment from time to time) and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing.

  1. Termination

MMCA™ may terminate your subscription and access, or suspend access to all or part of the Site, without notice, for any conduct that IMDb, in its sole discretion, believes is in violation of this Agreement, any applicable law, or is harmful to the interests of another user, service provider, or MMCA™. MMCA™ may also elect not to renew your subscription and access by providing a notice of nonrenewal prior to the end of your current subscription term. Sections 3, 5-7, 9-14, and 18-21 will survive any termination or expiration of this Agreement.

If you cancel your MMCA Member subscription or if your subscription is terminated, all your of account information (including resume data or information stored in connection with your use of the Communication Services) may be deleted.

  1. Assignment

You agree not to assign your rights under this Agreement without the consent of an authorized representative of MMCA™ in a non-electronic record, and any assignment without MMCA™ consent will be voidable at MMCA™ option. This Agreement will inure to the benefit of and bind the parties’ respective successors and permitted assigns.

  1. Applicable Law and Disputes

This Agreement is governed by the laws of the District of Columbia, without regard to principles of conflict of laws. Any dispute or claim relating in any way to your use of this Site, goods, or services sold or distributed by or through this Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

  1. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.

 

  1. You and IMDb each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and IMDb each waive any right to a jury trial. You and IMDb also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
  2. Amendments

MMCA™ may change the provisions of this Agreement. When MMCA™ changes the terms of this Agreement, MMCA™ will notify you by e-mail or online postings on the Site. The changes will also appear in this document, which you can access any time by selecting Subscriber Agreement at the bottom of any page of the Site. You already agreed to be bound by the changes when you first subscribed to the site. If you do not agree to be bound by the changes, you should not use the Site again and you should cancel your subscription to the Site. Even if you have not clicked on the “I Agree” button when subscribing, if you use the Site after you have been notified of a change to this Agreement, you are agreeing now to be bound by that change.

  1. Entire Agreement; Severability; No Waiver

This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by MMCA™ except in a signed, non-electronic writing signed by an authorized representative of MMCA™.

  1. General

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and MMCA™ or its affiliates as a result of this Agreement or your use of the Site. Whenever used in this Agreement, unless otherwise specified, the terms: “includes”, “including”, “e.g.”, “for example”, “such as” and other similar terms are deemed to include the term “without limitation” immediately thereafter and the terms “dollars” and “$” mean United States dollars.

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