Close
Fill out the form and have your act
be heard on our homepage.

Where is this going? What does it look like? See a sample submission

  • Accepted file types: jpg, jpeg.
    Must be 1920px wide X 1080px high at 72dpi and be saved as a .jpg file.

General

Act 4 Entertainment, LLC and its corporate affiliates (referred to collectively as “us” “we” “our” or “Act 4 Entertainment”) provide you access to, and use of, the website found at www.act4entertainment.com, its mobile version, any of its sub-domains and such other websites controlled or operated by Act 4 Entertainment that post a link to these Terms of Use (collectively, the “Site”), whether accessed via personal computers, mobile device, tablets or other means.  Your access and use of the Site is subject to your compliance with, and agreement to, these Terms of Use.  The Terms of Use are a legal agreement between you and Act 4 Entertainment.

By accessing or using the Site, you understand and agree to the Terms of Use. The Terms of Use also include Act 4 Entertainment’s Privacy Policy which is incorporated herein by this reference and any other legal notices or terms posted on the Site and applicable to the Site (or certain parts thereof).

We may change or modify the Terms of Use at any time and such changes or modifications will be effective once posted on the Site. We will indicate at the top of this page the date the Terms of Use were last revised. Your continued use of the Site after any change or modification constitutes your acceptance of the revised Terms of Use.  If you do not agree to the Terms of Use, do not use the Site.

PLEASE READ THE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Eligibility

Any registration by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use.  By accessing or using the Site, you represent and warrant that you are 13 years of age or older and that you are fully able to enter into and to abide by all of the terms and conditions of these Terms of Use. Your user Account (defined below) may be terminated and any profiles you have created may be deleted if we believe you are less than 13 years of age.

User Registration Data; Account Security

In order to access some features of the Site, you may need to become a registered user and create an account (“Account”). You may not use any other person’s Account without permission. In consideration of your use of the Site, you agree to (a) provide accurate and complete registration information (“Registration Data”); (b) maintain the security of your username and password; (c) maintain and promptly update the Registration Data, and any other information you provide to Act 4 Entertainment, to keep it accurate, current and complete; and (d) be fully responsible for all use of your Account and for any actions that take place using your Account. You must notify us immediately of any breach of security or unauthorized use of your Account.

Act 4 Entertainment may offer you the possibility to connect your accounts on certain Third Party Sites (as defined below), such as Facebook and Twitter, with the Site by an application programming interface (API) or other software.   This account connection process may be separate from your Account registration on the Site and will be governed by the policies and terms of use of the Third Party Site.   By allowing Act 4 Entertainment to connect with your Third Party Site accounts, you consent to Act 4 Entertainment accessing the information in those accounts, which may include personally identifiable information.

Proprietary Rights; Use of Content on the Site; Limited License

Except for User Content (as defined below) and Third-Party Content (as defined below), all content on the Site, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound, video and other files, and their selection and arrangement together with the trademarks, service marks and logos contained therein (the “Act 4 Content”),  is owned by or licensed to Act 4 Entertainment, with all rights reserved and subject to and protected by copyright and other intellectual property rights under law.  The Act 4 Content is provided to you “AS IS” for your personal and informational use.  No Act 4 Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Act 4 Entertainment’s prior written permission.  To the extent Act 4 Entertainment has such rights in the Act 4 Content, you are granted a limited, revocable, nontransferable license to (a) access and use the Site and the Act 4 Content; (b)  download or print a copy of any portion of the Act 4 Content (excluding any software code) to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact; and (c) share and/or republish the Act 4 Content via your account with a Third Party Site (defined below) by utilizing the share functionality offered on the Site. The aforementioned license does not include the use of any data mining, robots or similar data gathering or extraction methods and is revocable at any time without notice and with or without cause.

Any use of the Site, the Act 4 Content or the User Content other than as specifically authorized herein, without the prior written permission of Act 4 Entertainment, is strictly prohibited and will terminate the rights and licenses granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

User Content Posted on the Site and Upload Policy

As a registered user, you may upload and post photos, profiles, messages, notes, text, information, music, video, and other content (collectively “User Content”) on or through the Site, or transmit to or share with other users.  You are solely responsible for all of your User Content.  You may not post, transmit, or share any User Content on the Site that would infringe or violate the rights of third-parties.  In furtherance of the foregoing, you represent and warrant that by submitting your User Content you will not be infringing on any other person’s copyright, trademark, trade secret or other proprietary or intellectual property rights, including privacy and publicity rights.

You understand and agree that Act 4 Entertainment may, but is not obligated to, review the Site and may delete or remove (without notice) any User Content in its sole discretion, for any reason or no reason, including without limitation, User Content that in the sole judgment of Act 4 Entertainment violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Act 4 Entertainment.

You shall retain all ownership rights in and to your User Content.  Notwithstanding, when you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site.  By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Act 4 Entertainment a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Site, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and under the Terms of Use.

You may remove your User Content from the Site at any time. You understand and agree, however, that Act 4 Entertainment may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. The above licenses granted by you in User Content are perpetual and irrevocable.

Act 4 Entertainment does not control the User Content posted to the Site and, as such, does not guarantee the accuracy, integrity or quality of any User Content. Act 4 Entertainment does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Act 4 Entertainment expressly disclaims any and all liability in connection with User Content. You understand that by accessing the Site, you may be exposed to User Content that is offensive, indecent or objectionable.

You may access other user’s User Content solely for your information and non-commercial, personal use and as intended through the normal functionality of the Site, including without limitation the “streaming” of an audiovisual work. All User Content is made available “AS IS” and may not be copied, reproduced, distributed, or otherwise exploited in any manner other than as intended by the normal functionality of the Site.

Mobile Services

Act 4 Entertainment may offer services that are available via your mobile device, including without limitation the ability to upload content and messages to the Site, blog posts, and send and receive messages, instant messages, and other types of communications that may be developed for the Site (collectively the “Mobile Services”). Your mobile carrier’s normal messaging, data and other rates and fees may apply when using the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all mobile carriers or devices. When available, by using any Mobile Services, you agree that we may communicate with you regarding Act 4 Entertainment and the Site and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

Third Party Links, Sites and Content; Third-Party Advertising

Some of the content, services and functionality on the Site, such as widgets, software, applications, articles, photographs and videos, may be provided by third parties (collectively, “Third Party Content”).  Site users may be able to view, access and interact with Third Party Content without leaving the Site, including viewing, accessing or interacting with Third Party Content that is imported or “framed” within the Site.

The Site may include links to websites that are not owned, controlled or operated by Act 4 Entertainment (collectively, “Third Party Sites”).   In some instances, access to Third Party Content may require the user to register or otherwise interact with a Third Party Site.    This sometimes will require the user to navigate away from the Site and complete a registration process at the Third Party Site.  In other instances, it may be possible for a Site user to register for or interact with a Third Party Site within Third Party Content appearing on the Site.  Any registration with respect to a Third Party Site is separate from any registration for the Site, and will be governed solely by the policies, terms and conditions of the Third Party Site, including privacy and data gathering policies. Please familiarize yourself with those policies, terms and conditions when you register with a Third Party Site.  In some instances, third-party applications may request to access and publish information about you or your friends that is included in your Act 4 Entertainment Account.

Without limiting any other provision of these Terms of Use, you acknowledge and agree that Act 4 Entertainment has no control over, assumes no responsibility for and has no liability for the services, functionality or third-party content provided on any Third Party Site, including without limitation the security of payment or other transactions, even if a particular Third Party Site features any Act 4 Entertainment trademarks, logos or other identifying materials.  You also acknowledge and agree that Act 4 Entertainment has no control over, assumes no responsibility for and has no liability for any Third Party Content. 

All Third Party Content and Third Party Sites shall be governed by the terms of use and other rules established by the owners, operators or providers of such Third Party Content or Third Party Sites.   It is your choice whether to visit such any Third Party Sites and/or to interact with Third Party Content.  By using the Site, you expressly release Act 4 Entertainment from any and all liability arising from your use of or access to any Third Party Site or Third Party Content.

By linking to a Third Party Site or including Third Party Content on the Site, Act 4 Entertainment does not represent or imply that it endorses, or has reviewed, such websites, platforms, or content. While Act 4 Entertainment may display products or services on the Site offered via Third Party Sites, Act 4 Entertainment cannot ensure that you will be satisfied with any products or services that you purchase, access, or otherwise receive from the Third Party Sites.   If you decide to leave the Site and access any Third Party Site or to use or install any Third Party Content, you do so at your own risk and we disclaim any responsibility for any harm resulting from your use of Third Party Content or products or services you may purchase or access through Third Party Sites.  You should review the applicable terms and policies of any Third Party Site to which you navigate from the Site or relating to any Third Party Content you use or install from the Site, since the policies for those Third Party Sites may differ from ours, and they may use and share information in ways Act 4 Entertainment does not.

From time to time we may post content on the Site at the request of a third-party that is created and/or owned by such third-parties.  Sometimes such third-party will pay Act 4 Entertainment or give Act 4 Entertainment other consideration for posting the content on the Site. When that happens, such content will be differentiated and labeled as “Sponsored.”

Release

As a convenience to users, the Site may offer a service to facilitate users’ being able to identify and locate opportunities for volunteer work with third party organizations. In offering this service, however, Act 4 Entertainment does not endorse and makes no representations or warranties regarding any such third party organizations. Act 4 Entertainment does not and has no duty to investigate the nature, safety, quality or integrity of any organization or of any volunteer opportunities that are offered.

If you participate in any such volunteer activities, you, on behalf of yourself and your heirs, next of kin, spouse, guardians, legal representatives, employees, executors, administrators, agents, successors and assigns (collectively, the “Releasing Parties”), release and forever discharge Act 4 Entertainment, its parents, subsidiaries, affiliates, licensees, successors and assigns, and the officers, director, employees, contractors, partners, shareholders, representatives, members and agents of all of them (collectively, the “Released Parties”) from and against any and all claims, demands, liens, agreements, contracts, actions, suits, costs, attorneys’ fees, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden (collectively, the “Released Claims”) in any way directly or indirectly related to or arising directly or indirectly out of such activities. The Released Claims include those based on negligence of any of the Released Parties, products liability, personal injury, property damage or wrongful death.

You, on behalf of yourself and the other Releasing Parties, acknowledge that Releasing Parties may discover facts or incur or suffer claims that were unknown or unsuspected at the time these Terms of Use were deemed to have been accepted, which such claims if known at that time may have materially affected your acceptance of the Terms of Use. You and the other Releasing Parties acknowledge and agree that the Releasing Parties are assuming any risk of such unknown facts and such unknown and unsuspected claims. Releasing Parties have been advised of the existence of Section 1542 of the California Civil Code, which provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Notwithstanding such provisions, this release shall constitute a full release in accordance with its terms. Releasing Parties knowingly and voluntarily waive the provisions of Section 1542, as well as any other statute, law, or rule of similar effect in any jurisdiction.

User Conduct – Community Guidelines

The Site is available for your personal, non-commercial use only and your involvement on the Site including your posting User Content to the Site will affect and shape the overall community created through the Site.  As such we ask that you help us keep the Site functioning properly and a safe and respectful place for all users. Accordingly, there is certain user conduct that is not allowed on the Site.  You agree to read and follow the Community Guidelines and not to use the Site to:

  1. harvest or collect email addresses or other contact information of other Users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  2. use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
  3. use automated scripts to collect information from or otherwise interact with the Site;
  4. upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, vulgar, obscene, racist, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  5. register for an Account on behalf of an individual other than yourself, or register for an Account on behalf of any group or entity;
  6. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  7. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content posted to the Site;
  8. upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  9. upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  10. solicit personal information from anyone or solicit passwords or personally identifying information for commercial or unlawful purposes;
  11. harm minors in any way;
  12. upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  13. intimidate, “stalk” or harass another;
  14. upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  15. use or attempt to use another person’s Account, without authorization from Act 4 Entertainment, or create a false identity on the Site;
  16. upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Act 4 Entertainment, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Act 4 Entertainment or its users to any harm or liability of any type.

You acknowledge that Act 4 Entertainment may or may not pre-screen User Content, but that Act 4 Entertainment and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content posted to the Site. Without limiting the foregoing, Act 4 Entertainment shall have the right to remove any User Content that violates the Terms of Use or is otherwise objectionable. If at any point we remove your User Content, feel free to contact us if you want further clarification on the reasons for removal, to tell us whether or not you disagree, or you are unsure if there was a misunderstanding.

You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Act 4 Content or User Content.

You acknowledge, consent and agree that Act 4 Entertainment may access, preserve and disclose your Account information, Registration Data and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Act 4 Entertainment, its users and the public.

You understand that the technical processing and transmission of the Site services, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

General Practices

You acknowledge that Act 4 Entertainment may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that postings or other uploaded User Content will be retained, the maximum disk space that will be allotted on Act 4 Entertainment’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that Act 4 Entertainment has no responsibility or liability for the deletion or failure to store any communications or other content maintained or transmitted by the Site. You acknowledge that Act 4 Entertainment reserves the right to log off Accounts that are inactive for an extended period of time. You further acknowledge that Act 4 Entertainment reserves the right to modify these general practices and limits from time to time.

Act 4 Entertainment reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Act 4 Entertainment shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

Trademarks

www.act4entertainment.com, Act4ent.com, Act 4 Entertainment, Act 4, and other Act 4 Entertainment graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, service marks or trade dress of Act 4 Entertainment or its affiliates in the U.S. and/or other countries. Act 4 Entertainment’s trademarks, service marks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Act 4 Entertainment.

Copyright and Intellectual Property Policy

Act 4 Entertainment asks our users to respect the intellectual property of others.  It is our policy to respond to clear notices of alleged copyright infringement. In Act 4 Entertainment’s sole discretion, Act 4 Entertainment may remove content that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer.  In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Act 4 Entertainment has adopted a policy of terminating, in appropriate circumstances and at Act 4 Entertainment’s sole discretion, users who are deemed to be repeat infringers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter-notification.

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please file a written notice of infringement with Act 4 Entertainment’s copyright agent containing the information specified below. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights.

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Act 4 Entertainment’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Copyright Agent

c/o Act 4 Entertainment, LLC

1323 Ocean Avenue

Santa Monica, CA 90401

1.310.458.4399 (fax) / 
info@act4ent.com (email)

For clarity, only copyright infringement notices should go to this above e-mail address. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.

Counter-notice:

If you believe the User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the User Content, you may submit a counter-notice to the address listed above containing the following information:

  1. Your physical or electronic signature;
  2. Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
  3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  4. Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to User Content that was removed or disabled. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.  Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

Privacy

We care about the privacy of our users. We will take precautions to protect our users information.

Disclaimers

Act 4 Entertainment is not responsible or liable in any manner for any User Content, Third Party Content or Third Party Sites to which the Site is linked, whether posted or caused by users of the Site, by Act 4 Entertainment, by third parties or by any of the equipment or programming associated with or utilized in the Site.  Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. Act 4 Entertainment is not responsible for the conduct, whether online or offline, of any user of the Site.

The Site may be temporarily unavailable from time to time for maintenance or other reasons. Act 4 Entertainment assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Act 4 Entertainment is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at the Site or combination thereof, including injury or damage to user’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site. Under no circumstances will Act 4 Entertainment be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site, any User Content, Third Party Content or links to Third Party Sites posted on or through the Site or transmitted to users, or any interactions between users of the Site, whether online or offline.

THE SITE, (INCLUDING THE MOBILE SERVICES) Act 4 CONTENT AND THIRD PARTY CONTENT ARE PROVIDED “AS-IS” AND Act 4 Entertainment DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Act 4 Entertainment CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. Act 4 Entertainment DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE Act 4 CONTENT, USER CONTENT, THIRD PARTY CONTENT OR ANYTHING CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SOFTWARE, CONTENT, OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE SOFTWARE) FROM OR THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

Act 4 Entertainment reserves the right to change any and all content, software and other items used or contained in the Site offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Act 4 Entertainment.

Limitation on Liability

IN NO EVENT WILL Act 4 Entertainment OR ITS MEMBERS, PARENTS, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE MANAGERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE, OR ANY OF THE Act 4 CONTENT, THIRD PARTY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF Act 4 Entertainment IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Act 4 Entertainment’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $1,000 USD.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Account Termination Policy

Act 4 Entertainment may terminate your Account, delete your profile and any User Content that you have posted on the Site and/or prohibit you from using or accessing the Site, or any portion thereof, for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation in the event Act 4 Entertainment has determined you are a repeat offender of these Terms of Use or Act 4 Entertainment believes that you are under 13 years of age.

Governing Law; Venue and Jurisdiction

By visiting or using the Site, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern the Terms of Use and any dispute of any sort that might arise between you and Act 4 Entertainment or any of our affiliates. With respect to any disputes or claims you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of located in Los Angeles, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Los Angeles, California. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THETERMS OF USE.  FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION.  EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

Indemnity

You agree to indemnify and hold Act 4 Entertainment, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content, any Third Party Content you post or share on or through the Site your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of the Terms of Use or of any law or the rights of any third party.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (“Submissions”), provided by you to Act 4 Entertainment are non-confidential and shall become the sole property of Act 4 Entertainment.  Act 4 Entertainment shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Other

The Terms of Use constitute the entire agreement between you and Act 4 Entertainment regarding the use of the Site, superseding any prior agreements between you and Act 4 Entertainment relating to your use of the Site. The failure of Act 4 Entertainment to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of the Terms of Use is held invalid, the remainder of the Terms of Use shall continue in full force and effect. If any provision of the Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions.