Terms and Conditions

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Acceptance of Terms and Conditions Agreement: The following Terms and Conditions Agreement (this "Agreement") apply to anyone accessing, using, providing content for, posting content on or making purchases from this Web site, including without limitation, visitors, users, talent, agents, scouts, viewers, vendors and advertisers. By using this Web site, you agree to all of the following Terms and Conditions. If you do not agree to these Terms and Conditions, you should not provide content for, review content or obtain content from this Web site.

Availability of Site:
Breakawaytalent.com is usually available 24 hours a day, 7 days a week, however, we retain the right to make the Web site unavailable from time to time for any reason at all without notice to you. You agree that we will not be liable for any damages resulting from any interruption, suspension or termination of the Web site.

Ownership: Breakaway Talent & Casting,  Inc. ("Breakaway Talent") and its content providers own all content, materials, agreements, documents, displays, pictures, text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations and software and other items on the Web site (collectively "Content Materials"). Unless you are the content provider, you have no ownership interest in the Content Materials, however, Breakaway Talent grants you a limited license to use the Content Materials as provided in the Section titled "License to Use". Content Materials are protected under applicable copyright, trademark, trade secret and other intellectual property laws in the United States and the rest of the world. You have no right to view, use, copy, publish, display or modify the Content Materials except as described in the Section titled License to Use. At our discretion, Breakaway Talent may modify, add to or delete any Content Materials at any time, without notice to or permission from you or any other party.

License to Use:  Breakaway Talent grants you a limited, revocable, nonexclusive, nontransferable license (without the right to grant sublicenses) to view and use this Web site and the Content Materials. You may not download (other than page caching) or modify this Web site or the Content Materials without the express written consent of Breakaway Talent. You may not copy, view, resell or otherwise exploit any of the Content Materials or otherwise use this Web site or the Content Materials for any commercial purpose other than your own internal business purposes of hiring through Breakaway Talent or evaluating the hiring through Breakaway Talent of the talent displayed on this Web site. You may not use this Web site or the Content Materials for the benefit of another provider of any of the services provided by Breakaway Talent. You may create a hyperlink to the breakawaytalent.com home page so long as the link does not portray Breakaway Talent, its talent, affiliates, customers, products or services in a false, misleading, derogatory or otherwise offensive way. You may not tamper in any way with the software or functionality of this Web site. Without limiting the preceding sentence, you agree not to put any material into the Web site which contain any viruses, time bombs, trojan horses, worms, cancelbots or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or information. You agree to comply fully with all applicable laws, rules and regulations. You agree not to use this Web site to facilitate collusion or other conduct in violation of anti-trust laws. Any violation of this Agreement by you terminates this license to you.

Purchases from this Site: Purchases from this Site are additionally governed by the special terms and conditions indicated by agreement for each purchase. These Terms and Conditions also apply to such purchases.

Content of the Site: You are responsible for any content that you provide to Breakaway Talent to be displayed on this Web site. Breakaway Talent exclusively reserves the right to select and modify the form and location of content display, determine what content is displayed, to refuse to display or to discontinue displaying any content that you provide. You agree that Breakaway Talent is not responsible for any error, omission, or misrepresentation relating to any Content Materials and recognize it is your responsibility to verify their accuracy, whether you are the content provider or its user.

License of Your Content: If Breakaway Talent displays any content that you provide, you grant Breakaway Talent and its affiliates a world-wide, nonexclusive, royalty-free, perpetual, irrevocable and sub-licensable license to use, reproduce, modify, adapt, publish, translate and display the content in any media. For any content you provide, you represent and warrant that all factual information is true, accurate and not misleading. You agree that you will not impersonate or misrepresent your affiliation with any other person or entity. You agree that you will not misrepresent the origin of any content provided by you for display on this Web site. You represent and warrant that you hold the rights to have, and display the content on this Web site. You represent and warrant that you own or otherwise have title to any Content Materials displayed for you.

Links to Other Sites: Breakaway Talent or third-party providers of content may provide links to other Web sites or resources. Breakaway Talent does not have any control over these sites and resources, does not endorse them, and is not responsible for their availability, content or delivery of services. Breakaway Talent shall not be liable to you for any injury caused you by accessing or performing transactions from these other sites.

Copyright: The Content Materials belong to Breakaway Talent or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this Web site is the exclusive property of Breakaway Talent and protected by United States and international copyright laws. All software used on this Web site is the property of Breakaway Talent or its software suppliers and protected by United States and international copyright laws. If you believe your intellectual property has been copied without your authority and displayed or otherwise used in connection with this Web site, please contact Breakaway Talent immediately.

Trademarks: Breakaway Talent trademarks and service marks identified on this Web site, including our name Breakaway Talent & Casting Inc, may not be used in any manner that disparages or discredits Breakaway Talent or is likely to cause confusion in the marketplace. You may make fair use of our marks in non-disparaging advertising and promotional materials, and in referring to our products and services without our permission, provided you follow standard usage practices and provide proper attribution. Other uses require the written permission of Breakaway Talent. All other trademarks and service marks not owned by Breakaway Talent or its subsidiaries that appear on this Web site are the property of their respective owners and any matters regarding the marks should be addressed to the owner.

Disclaimer: THIS WEB SITE AND THE CONTENT MATERIALS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTY WHATSOEVER. WITHOUT LIMITING THE PRECEDING SENTENCE, BREAKAWAY TALENT HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR ARISING FROM COURSE OF DEALING AND USAGE IN TRADE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE WEB SITE AND THE CONTENT MATERIALS MAY BE INCORRECT, OUT OF DATE, INAPPROPRIATE FOR ANY PARTICULAR USE, MAY CONTAIN "BUGS," ERRORS AND DEFECTS, AND MAY NOT OPERATE ERROR-FREE OR PRODUCE RESULTS AS EXPECTED. IN NO EVENT SHALL BREAKAWAY TALENT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE; WITH THE DELAY OR INABILITY TO USE THIS WEB SITE; WITH THE CONTENT MATERIALS; OR WITH ANY INFORMATION, PRODUCTS, SOFTWARE AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BREAKAWAY TALENT AND/OR ANY OF ITS CONTENT PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Hiring Talent: BREAKAWAY TALENT IS NOT THE EMPLOYER OF THE TALENT IDENTIFIED ON THE BREAKAWAYTALENT.COM WEB SITE BUT IS THEIR AGENT. YOU AGREE THAT, IN THE EVENT YOU HIRE ANY TALENT IDENTIFIED ON THIS WEB SITE, YOU HOLD BREAKAWAY TALENT HARMLESS FROM LIABILITY ARISING FROM SUCH HIRING. YOU AGREE THAT YOU WILL PROCURE THE TALENT THROUGH BREAKAWAY TALENT AS THEIR AGENT PROVIDED THAT THE SELECTION OF THE TALENT AROSE THROUGH THE EFFORTS OF BREAKAWAY TALENT, INCLUDING THIS WEB SITE.

Indemnity: As a condition of using this Web site, you agree to indemnify Breakaway Talent, its subsidiaries, affiliates, officers, agents and employees against any claim, demand, liability, damage and expense, including reasonable attorneys’ fees, relating to the content you provide for display on this Web site, your use of this Web site or your violation of the rights of another.

Dispute Resolution:  As a condition of using this Web site, you agree that any dispute relating in any way to your use of or content provided for this Web site shall be submitted to confidential binding arbitration in Los Angeles, California, except that Breakaway Talent reserves the right to seek injunctive or other appropriate relief in a court of competent jurisdiction should you violate or threaten to violate the intellectual property rights of Breakaway Talent. You agree that for purposes of such infringement action Breakaway Talent has no adequate remedy at law. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

General Terms: As a condition of using this Web site, you agree that the laws of the State of California, without regard to principles of conflict of laws, govern the terms and conditions of this Agreement and any dispute of any kind that may arise between you and Breakaway Talent or its affiliates. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all of the terms and conditions of this Agreement. This Agreement constitutes the entire agreement between you and Breakaway Talent relating to your use of the Web site. For talent, content providers, product sellers and for hiring talent, additional agreements may apply that may incorporate, modify or supercede the terms and conditions of this Agreement. The terms and conditions of this Agreement may be changed at any time at the sole discretion of Breakaway Talent. Before accessing other portions of the Web site, you should review this Agreement for any changes. The version of this Agreement that is displayed at the time you access this Web site constitutes the agreement relating to your use of the Web site. Should Breakaway Talent fail to enforce any of its rights under this Agreement, such failure shall not constitute a waiver of the right. Should any provision of this Agreement be determined invalid or unenforceable, this Agreement shall be interpreted to effect the intent of the parties, and the remaining provisions shall remain in effect.