Terms

 TERMS OF USE AGREEMENT

If you do not agree to the Terms of Use, discontinue using the site immediately!

The HappyWorkingActor.com website (the “Website”) is an online service provided by Gerdae, Inc. (“Company”), subject to your acceptance of the terms and conditions set forth below. Please read this Terms of Use Agreement (“Agreement”) carefully before accessing or using the Website or purchasing any Products or Services. By accessing or using the Website, you are agreeing, without limitation or qualification, to be bound by, and comply with, the terms and conditions set forth below. Company may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the Website. You agree to review the terms and conditions of the Website periodically to be aware of such modifications. Your continued access or use of the Website shall be deemed your acceptance of the modified Agreement.

1. DEFINITIONS

The terms “Company” or “us” or “we” or “our” refers to Gerdae, Inc., the owner of this Website. “HWA” refers to Happy Working Actor and/or Tristen MacDonald. A “Visitor” is someone that merely browses our Website. A “Member” is someone who has registered with our Website to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member.

All text, information, graphics, design, and data offered through our Website or Services or Products, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.

A “Product” is a pre-set course consisting of instructional videos. “Coaching and Consulting Services” are individual, personalized sessions with Tristen MacDonald during which she will assist you with maximizing your effectiveness in auditions or consult with you regarding your career. Sessions with HWA may be done over video chat. “Services” are all of the above services and any other products or services offered through the Website or otherwise by HWA or Company.

2. ACCEPTANCE OF AGREEMENT

This Agreement is between you and Gerdae, Inc. the owner and operator of the Website.

Our contact information is:

Gerdae, Inc.

Tristen MacDonald

Email:  Tristen@happyworkingactor.com 

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.

Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Company, and supersedes all other Agreements, representations, warranties and understandings with respect to our Website, Services, and the subject matter contained herein. However, in order for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.

We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Website. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our Website. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website and Services.

3. TALENT SERVICES DISCLAIMER

ALL LIVE AND RECORDED PROGRAMS TAUGHT BY HWA AND LIVE COACHING SESSIONS WITH TRISTEN MACDONALD ARE FOR INSTRUCTIONAL PURPOSES ONLY – THEY ARE NOT AUDITIONS OR EMPLOYMENT OPPORTUNITIES. BY YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS WHEN COMPLETING THE PURCHASE OF ANY COMPANY PRODUCT OR SERVICE, YOU AGREE THAT YOU HAVE BEEN INFORMED OF THE FOREGOING.

COMPANY IS A TALENT COUNSELING 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. COMPANY AND HWA ARE PROHIBITED BY LAW FROM OFFERING OR ATTEMPTING TO OBTAIN AUDITIONS OR EMPLOYMENT FOR YOU. THEY MAY ONLY PROVIDE YOU WITH COUNSELING. 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.

You acknowledge that while Tristen MacDonald is a working actor, neither she nor Company nor any employees of Company currently participate in the casting, auditioning, employment, management, representation or audition procurement of any artists for any projects at any time, be they film, television, music, web-based or similar. Participation in any program, class, coaching, seminar, consultation or similar instruction with Company is not an opportunity to be cast, audition, be pre-screened for possible future auditions, be considered for employment or interview for a job or role. Purchasing any Company Products or Services or taking part in any class is no guarantee of employment, earning money or achieving results. Your level of success in attaining results is based on several factors, including skill, knowledge, ability, dedication, networking and numerous other factors.

Because these factors are different for each individual, Company does not guarantee your success in booking work, acquiring representation or achieving notoriety. You alone are responsible for your actions and results in life and business. Any forward-looking statements outlined on this Website or as part of the Services are of opinion and thus are not guarantees or promises for actual performance.

The information contained in or made available through the Website (including but not limited to information contained on videos, blogs, comments, coaching calls, emails, text files, or in any similar communication) cannot replace or substitute for the services of trained professionals in any field. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of this Website and its associated products, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance. 

As noted in these Terms, some of the Services provided by Company and HWA fall under the category of Talent Counseling Services under Chapter 4.5 of the Labor Code of California. The Company and HWA are invested in protecting the rights of actors and other artists. To fully understand your rights as an actor or artist with respect to any talent service, please see comprehensive information on AB 1319 here.

4. CALIFORNIA LABOR CODE BOND REQUIREMENT

Pursuant to California Labor Code 1703.3, Company has filed with the Labor Commission of the State of California a Fee-Related Talent Services Bond in the amount of fifty thousand dollars ($50,000) executed by State Farm Mutual Insurance Company of Bloomington, Ill. Bond# 92-BV-X675-1.

5. LIMITED LICENSE

Company grants you a non-exclusive, non-transferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services are solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement. No print out or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

6. YOUR OBLIGATIONS AND CONDITIONS

You agree to provide accurate and true information about yourself to the Website. You understand that you must continue to provide current and updated information that is complete and accurate over the course of time. If you provide inaccurate or incomplete information about yourself Company has the right to terminate or suspend your account and may refuse to provide you service in the future without reason.

 To use our Services, you must register with our Website to become a Member. Your Membership is not transferable or assignable and is void where prohibited. This is intended solely for Users who are at least age (18) years of age or older. 

Any registration by, use of or access to our Website by anyone other than you is unauthorized, unlicensed and in violation of these Terms of Use. By using our Website and/or Service, you represent and warrant that you are (18) or older and that you agree to and to abide by all of the terms and conditions of this Agreement. Company has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.

In connection with your account, you will create a Username and a Password. You are responsible for keeping your Username and Password confidential and secure, and you are responsible for all actions taken using your Username and Password. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. The Username will be identified as your email address that you initially registered with the Website. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that Our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Website immediately upon request by us.

Members may post Member Content to our Website. Members and Visitors understand that by using our Website or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee the quality, accuracy or integrity of such content. Company is not responsible for the monitoring or filtering of any Member content. Should any Member Content be found illegal, Company will submit all necessary information to the proper authorities.

If any Member Content is reported to Company as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Company. Should the Member fail to meet such a request, Company has full authority to either restrict the Member’s ability to post Member Content OR to immediately terminate the membership of the Member, without further notification to the Member.

Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion.

Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members shall respect copyright and trademark laws. 

You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.

As a Member, you agree not to use our Services to do any of the following: 

1) upload, post or otherwise transmit any Member Content that:

  1. Violates any local, state, federal, or international laws.
  2. Infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  3. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable.
  4. Links directly or indirectly to any materials to which you do not have a right to link.
  5. Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
  6. 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, or to extract information from our Website or Services.
  7. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
  8. You do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements).
  9. In the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose Company, our affiliates, or our Users to any harm or liability of any type.

2) use our Content to:

  1. Develop a competing website.
  2. Create compilations or derivative works as defined under United States copyright laws.
  3. Re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.

3) Decompile, disassemble or reverse engineer our Website, Services, and any related software.

The Website reserves the right to monitor the location from which you access the Website and to block access from any jurisdiction other than the U.S., or any jurisdiction in which participation is illegal or restricted.

You are subject to all laws of the state, province and/or country in which you reside and from which you access the Website and are solely responsible for obeying those laws. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website, Content, Services, and any software provided therein. You agree the Website cannot be held liable if laws applicable to you restrict or prohibit your participation. The Website makes no representations or warranties, implicit or explicit, as to your legal right to participate in any service or product offered on the Website nor shall any person affiliated, or claiming affiliation, with the Website have authority to make any such representations or warranties.

VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

7. INTELLECTUAL PROPERTY RIGHTS

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Company.

Our Content, as found within our Website and Services, is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.

YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. 

Certain names, graphics, logos, icons, designs, words, titles or phrases at this Website may constitute trade names, trademarks or service marks of Company or of other entities. These trademark holders are not affiliated with the Website. They do not sponsor or endorse our materials. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.

8. LINKS

Our Website may contain links or otherwise direct you to websites operated by third parties, including via advertisements. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site.

We reserve the right to disable links from or to third party sites.

9. THIRD-PARTY MERCHANTS / PROVIDERS

Our Website may enable you to order and receive products, information and services from businesses that are not owned or operated by us, including via links provided by third party advertisers. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for your use of the Services.

In addition, certain third party services accessed through our Website may prompt you to establish an account with that service. Your agreement and understanding with any such third party service provider is solely between you and such service provider. We will not be a party to or in any way be responsible for your agreement with such third-party service provider. Any disputes you may encounter with such third party service provider shall be settled solely between you and the service provider.

10. DISCLAIMERS & LIMITATION OF LIABILITY

THE WEBSITE AND ALL PRODUCTS AND SERVICES OFFERED HEREON ARE PROVIDED BY US AND OUR WEBHOST ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE WEBSITE OR SERVICES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT USE OF THE WEBSITE WILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE, PROVIDED THROUGH THE SERVICES; (IV) THAT ANY CONTENT YOU DOWNLOAD FROM THE WEBSITE, PRODUCTS YOU PURCHASE AS PART OF THE SERVICES, OR EMAILS SENT FROM OR ON BEHALF OF US, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THAT THE SERVICES WILL PRODUCE ANY PARTICULAR RESULTS FOR YOU OR GENERATE ANY INCOME.

WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE WEBSITE OR THE PURCHASE OF ANY PRODUCT OR SERVICES THEREFROM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID US FOR THE PARTICULAR PRODUCT OR SERVICE FROM WHICH SUCH LIABILITY AROSE AND IF YOU HAVE NOT PAID ANY AMOUNTS, YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USING THE WEBSITE AND TERMINATE YOUR ACCOUNT.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

11. PRIVACY AND SECURITY.

You understand and agree that we will handle information as described in the Privacy Policy, as it may be modified from time to time. Our Privacy Policy is considered part of this Agreement. You must review this Privacy Policy by clicking on this link.

All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property. We will not be required to treat any Submission as confidential, and will not be required to pay you for our use of any ideas you submit (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations.

Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Company uses a variety of security measures to protect the integrity of its websites, as well as Account and individual information. However, we cannot and do not guarantee absolute security, and we are not responsible for any illegal acts of third parties including hacking or similar activities.

12. REFUND POLICY – PRODUCTS

To the extent that you purchase any Products directly from us and are dissatisfied, we will refund your purchase price of that Product within thirty (30) days of your purchase if you notify us in writing of your desire for the refund. Excessive returns or requests for excessive returns will not be accepted. Refunds will not be given to any one customer for one specific Product more than twice. Refunds will also not be given for more than 2 Products over any length of time. The money back guarantee is void after a customer has used it for any 2 specific Products or for one specific Product more than twice. The money back guarantee is also void on any future purchases when requests for 2 or more Product refunds are received for existing product orders. Refunds may be requested by emailing support@happyworkingactor.com.

13. ENTIRE AGREEMENT

This Agreement, in addition with the other obligation and rules detailed in writing on the Website, including but not limited to the Privacy Policy, constitute the entire agreement between you and the site. This Agreement cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with the Website. Nothing in this section will prevent the Website from modifying the terms of this Agreement.

14. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Tristen MacDonald, Gerdae Inc. and its officers, directors, employees, subcontractors, successors, assigns, partners, agents, attorneys, advertisers, licensors, suppliers, affiliates, and any third party information providers from and against all liability, loss, claim, expense, damages and costs, including reasonable attorneys’ fees, resulting from any breach of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Website under your account.

15. THIRD PARTY RIGHTS

The provisions of this Agreement are for the benefit of Company and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to Company and/or the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

16. OUR RELATIONSHIP TO YOU

This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Company

17. TERMINATION; SURVIVAL

This Agreement shall continue in effect for as long as you use the Website or Services, unless specifically terminated earlier by Company. Company reserves the right to terminate your account at any time without reason or cause. All provisions of this Agreement which impose obligations continuing in their nature shall survive termination of the Agreement.

18. GOVERNING LAW; SEVERABILITY; NON-WAIVER

This Agreement shall all be governed and construed in accordance with the laws of the State of California without giving effect to its conflict of law provisions. By registering for an account on the Website, you agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action. You further agree that any legal action or proceeding between Tristen MacDonald or Gerdae Inc. and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction in the State of California.

 

You agree that any cause of action arising out of or relating to this Agreement or your use of the Website will be commenced by you within one (1) year after such cause of action arose. Actions not commenced by you within one (1) year are permanently barred. 

If any portion of this Agreement is ruled by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then, to the maximum extent permitted by law, the provision shall be reformed to reflect the intent of the parties or if the provision cannot be so reformed, severed from the contract, it being agreed that such severance shall not affect the validity and enforceability of the remaining provisions of the Agreement.

Company’s failure to exercise any right or provision of the Agreement shall not constitute a waiver of such right or provision.

 

If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement will remain in effect. Gerdae Inc. has the right to modify these terms and conditions at any time.

Any rights not expressly granted herein are reserved.

Last updated Dec. 27, 2018



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