Terms And Conditions Of Use For Independent
Performer, a professional entertainment industry career web site for talent
and production professionals.
Adopted on August 25, 2006.
If you wish to use this site as a professional
resource, you must read and agree to this.
This web site is a resource for professionals,
and we do retain and exercise certain legal rights. All of the material on
this site, whether it is in the form of images, text, design, ideas, concepts,
or resources, are protected by federal copyright laws. Images and text, in
whole or part, may not be copied, reproduced, or exchanged without our express
written permission. We have a certain legal license which permits the career
professional to use our legal forms, providing certain conditions are met.
If a model and talent agency or talent manager wishes to use these properties,
they must write us for permission. Legal forms may not be reverse engineered,
or modified, in any way. If any party does not comply with these terms, they
may be subject to a copyright infringement lawsuit that begins with collateral
damages of a $250,000.00 fine, imprisonment, or worse. All of our material
is encrypted with Pandora technology. Pandora technology enables evidence
that will be admissible in a court of law if any party decides to reverse
engineer, alter, or otherwise take our intellectual property and pass it off
as their own, or attempt to use it a fashion that circumvents the legal conditions
imposed on the content of this site. We will aggressively protect and maintain
our rights. Those rights are what makes a resource like this web site possible.
All other properties are legally enabled providing it is in the context of
professional Internet viewing ONLY.
The legal license which permits the use of our
legal forms and properties comes with the following conditions:
The party using these resources is a professional. The professional referenced
must not have an exclusive arrangement with any talent agency, mother agency,
or manager. Exclusive contracts must be legally dissolved before using our
properties, as such usage is a direct conflict of interest.
Forms may be printed and used one at a time. The professional may not do mass
printings and stockpile paperwork generated by this site. This is not strictly
in our best interest, but the interest of the professional, too. Due to the
changing nature of this industry, material on this site may be updated without
any warning. If the professional were to stockpile print-outs, there is a
good chance that their forms would be outdated as they were being used. If
we discover flaws in any of our material over the course of time, we will
make corrections and upload updates without warning or notice.
The format or text of the form may not be changed in ANY way. This means that
we recommend skipping the word processor and printing the form directly from
the web site. If any errors are noted, such as typos, we need to know about
it. We will correct errors as they are discovered, so that the forms are print-perfect
from the web.
Copyright information on the forms may not be altered or removed. Each page
must have our copyright on it. This includes ANY information concerning our
site name or references to our web site address. Removing this information
is considered altering our property, and is a direct violation of the license
governing the use of our intellectual property.
Forms and paperwork can not be saved onto the hard drive of any computer.
All forms MUST be printed "as-is" from the web site browser, with
the URL information intact on the print-out.
We can not be held legally responsible for the use or misuse of any of our
intellectual properties. Printing, reading, viewing, and use of our properties
is a consent to these terms, and waives us from any and all legal liability.
This includes information presented on this site, business referrals to other
companies, and legal forms. Our legal forms are in actual use by professionals,
and we have had no knowledge of any legal issues that have arisen from their
use. As such, we recommend, that, if in doubt, please consult an attorney
who specializes in entertainment, business, or copyright law.
We can not, and will not, be liable for any business referrals. Businesses
that we recommend are ones that are recommended by the professionals who advise
us. To the best of our knowledge, all business referrals are all highly recommended
by a majority of professionals. As such, once you begin dealing with them,
we are no longer a part of any business transactions that you conduct.
We can not, and will not, be liable for any job offers contracted through
our job or audition boards. We do not have the time to check out the audition
or job notices that are sent to us, and all offers are unconfirmed. It is
the responsibility of the professional to do their homework before contacting
the companies responsible for the audition or job offer. We have articles
on how to set up meetings, perform background checks, check business references,
and negotiate terms in our Features section. Please study these articles and
use the information. As we are NOT an agency, we do not employ bookers, and
do not make money through booked referrals. The audition or job board is a
free resource for companies offering jobs and professionals seeking them.
This said, we reserve the right to refuse or reject any job or audition posting
that is obviously unethical in nature, and we will not knowingly post any
offers for nude or pornographic work. We will not post job offers known to
be scams. Refusal to post a job or audition notice does not imply that it
is a scam, is unprofessional, or may be unethical; it simply means that it
was not right for the board. We reserve the right to edit or remove posts
at any time, without warning. All submitted material, including audition or
job posts and E-mails, become the property of our web site, and may not be
copied or re posted from our site to another site unless the posting company
does so on their own. If we see an audition or job post from our site on another,
we will contact the posting company to confirm. If they did not post to the
site, we will launch a copyright infringement lawsuit against the site that
stole our content.
The professional agrees that reviews of services and companies present on
this site are unbiased and objective, and that stated facts are verifiable
by direct observation at the time that the review is written. Use our reviews
as a footnote, and do not rely on them exclusively to determine the contracting
of a service or company. All parties viewing the contents of this site waive
us from any and all claims of libel, slander, and defamation of character.
Material on this site are opinions by professionals, and may not be used as
a basis for a defamation lawsuit. Any scam patterns that describe anyone or
any business are purely coincidental, as we make no direct claims about any
party, and stick to the patterns observed throughout the industry.
Anyone posting any information on our site or submitting a reference agrees
to be listed within our TALON Talent Online reference contact database and
agrees to the terms and conditions of being listed in that database. They
agree to allow us to rate them using the TALON rating system with our guidelines
as a reference and not actual policy. We reserve the right place parties in
any and all database categories that we deem relevant.
Anyone not happy with their TALON reference rating is encourage to have professionals
send in references in order to raise their rating. The TALON reference rating
is a dynamic process, and will be affected by professional reference recommendations
as well as complaints.
Anyone wishing to be removed from the TALON database may not, at our discretion,
be allowed to participate with anything in the database or on our sites in
the future. They should realize that their competition, however, will remain
and benefit from being in the database.
All talent featured on this site have been briefed about information security.
Featured talent on this site have not been endorsed by us as the best in their
field, and may have verifiable professional references to support their listed
qualifications. We are not liable for any actions, activities, or business
transactions that these professionals do. Contacting any party listed on our
site or within the TALON Database waives us from any and all legal liability.
Talent may be removed from this site, at our discretion, for any reason at
any time, and without warning. As such, unprofessional contact with any talent
featured on this site will not be tolerated. Any complaints by talent will
be followed up on and researched. Everyone who visits this site has an unique
signature left on our logs called a IP address. This signature contains information
which reveals your identity and your Internet Service Provider (ISP). Stalking
and harassment of talent will not be tolerated, and offenders will be prosecuted
to the maximum extent of the law. As of October, 2003, Florida Cyber Stalking
laws went into effect, and these laws offer protection to talent on the Internet.
These talent are professionals, and will be respected as such.
Personal information on this site may have been altered to protect the identities
Non compete notification
This site is intended to be a professional career resource. It is not our
intention to compete with any other online resource site. We are not in competition
with any agency or licensed agent. We are a supplement, rather than a competitor.
We are not a talent agency, do not book talent, and we are not licensed to
conduct business as a talent agency. We cannot represent talent, nor can we
book work for them. We are a resource and referral tool ONLY. It is our recommendation
that talent learn from this site and represent themselves.
Information on this site consist of opinions by industry professionals, and
viewing this information waives us from any and all claims of legal, libel,
invasion of privacy, and defamation of character. Viewing this web site and
using the information waives our sources of any and all legal liability as
well. Our sources, unless identified by us and at our discretion, are confidential.
Any information, descriptions, or scam patterns that describe anyone or any
business are purely coincidental, as we make no direct claims about any party,
and stick to the patterns observed throughout the industry. Opinions and information
presented on this site is constitutionally protected under free speech.
Grievances And Professional Dispute
It is our policy to use courts and lawsuits only as a last resort. If anyone
disagrees with anything on this site, they are free to dispute it. We will
listen to claims, and through an arbitration process we will evaluate the
information in dispute. If we are incorrect, we will correct the information
and issue an apology. If the arbitration over the Internet cannot be resolved,
then it may become a legal matter in a court of law. At that time, all correspondence
will be forwarded to and used by our attorney.
This is a professional career resource for the use of talent, production professionals,
and businesses. Use of the material on this site is not intended to be regulated,
unless it is a conflict of interest, a misrepresentation, or against the law.
Our overhead is paid by sponsors. We have an agreement in place, however,
that does not obligate us to endorse our sponsors unconditionally. Our sponsors
are subject to the same treatment and scrutiny as any other company. While
we may have banners for them on throughout this site, if they were not up
to par, we reserve the right to remove that banner without consequence. Favoritism
and bias would undermine our journalistic integrity as well as our credibility
as a useful professional resource. As such, competitors of our sponsors are
allowed fair and unbiased reviews and endorsements from the industry professionals
who advise us. Regardless of what we do, in the end, our sponsors are committed
to the funding of this site and the support of its development. That level
of commitment from our sponsors is a testament to the artistic and professional
integrity of sponsors that we are all very proud to be associated with. No
party using this site is obligated, under any circumstances, to buy or purchase
and product or service advertised on this site.
Advertisements for our sponsors are not unethical
or a conflict of interest unless it is misrepresented as an endorsement. If
any party contacts a sponsor and indicates that they were referred by this
site, our sponsor is obligated to inform them that they sponsor this site
so a conflict of interest does not occur.