Last updated: September 7, 2016
Welcome to http://www.stuntlist.com (the “Website”). We, being Loose Horse Productions Ltd. and/or its affiliates (the “Company”) own and operate the Website and are providing internet services to you subject to the following conditions. If you use or visit the Website, you accept these terms and conditions (“Terms”), so please read them carefully, as this electronic document is considered to be a legally binding and enforceable contract between you the Company.
These Terms are divided into FIVE (5) sections, being:
- General Terms for All Users;
- Terms for Viewers;
- Terms for Performers;
- Code of Conduct;
SECTION 1 – GENERAL TERMS FOR ALL USERS
Users include everyone who visits the Website, and includes those who have registered to view, upload content and otherwise use the services offered by Website, whether for free or on a paid basis. Users who use the Website to browse content, whether registered or not, including without limitation stunt coordinators, casting personnel, wardrobe department personnel, directors and producers are referred to as “Viewers”. Those Users who have registered, including without limitation stunt performers, stunt riggers, stunt coordinators, stunt actors and stunt pullers, and agreed to provide Content to the Website in the form of user profiles, demo reels and videos and other Content and/or have paid for a membership are referred to as “Performers”.
When you visit the Website, send e-mails to us, message us, or otherwise communicate with us, you are communicating with us electronically, and therefore you consent to receive communications from us electronically in return. We will communicate with you by e-mail, messaging or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All Content included on this site, such as video clips, video streams, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content on this site is also the exclusive property of the Company and protected by Canadian and international copyright laws. All software used on this site is the property of the Company or its software suppliers and protected by Canadian and international copyright laws.
“STUNTLIST” and other Website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of the Company in Canada, U.S. and other countries. The Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
License and Site Access
The Company grants you a limited license to access and make personal use of this site but not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of this site or its contents; nor any collection and use of any product listings, descriptions, or prices; nor any derivative use of this site or its contents; nor any downloading or copying of Account information for the benefit of another merchant; nor any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent. You may not use any meta-tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray the Company, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any the Company logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site and register for an account (“Account”), you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password. If you are under the age of majority in your jurisdiction of residence, you may use the Website only with involvement of a parent or legal guardian. The Company reserves the right to refuse service, terminate Accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Communications, and Other Content
Users may submit information and other content, so long as the information or other content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses or worms or any code of a destructive nature, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of information or other content. The Company reserves the right (but not the obligation) to remove or edit such content.
If you submit comments, communications or other content, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information or other content throughout the world in any media. You grant the Company and sub-licensees the right to use the name that you submit in connection with such information or other content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the information or other content that you send or post; that the information or other content is accurate; that use of the information or other content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from information or other content you supply. The Company takes no responsibility and assumes no liability for any information or other content posted by you or any third party.
Copyright and Other Legal Rights Complaints
The Company respects the intellectual property and legal rights of others. If you believe that intellectual property or other legal rights have been violated, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the rightsholder; (ii) a description of the alleged rights violation; (iii) a description of where the alleged violating material is located on the Website; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the rightsholder, or the law; (vi) a statement by you that the above information in your notice is accurate and that you are the actual rightsholder or authorized to act on the copyright owner’s behalf. Contact information for notice of rights violations is: firstname.lastname@example.org. We will process your complaint pursuant to the Copyright Act of Canada.
Product and Service Descriptions
The Company attempts to be as accurate as possible. However, the Company does not warrant that product or service descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product or service offered by the Company itself is not as described, your sole legal remedy is to return it (in unused condition, if applicable). Any offer for any product or service made on the Website is void where prohibited.
We may provide links to the sites of affiliated companies and/or certain other businesses or websites. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. The Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
All membership dues and other payments to the Company are processed through Paypal or another similar payment service (the “Payment Service”). As a User, if you make payments to the Company using a Payment Service or otherwise, you do so at your own risk and you expressly agree that the Company shall not be liable for any losses you may incur using such Payment Service. Any such losses shall be the responsibility of the Payment Service. Further, the Company has a strict no refund policy.
Disclaimer of Warranties and Limitation of Liability
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE WEBSITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE WEBSITE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WEBSITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY SERVICES OFFERED BY PERFORMERS, THE ACCURACY OF ANY INFORMATION POSTED ON THE WEBSITE BY ANY PERFORMERS, VIEWERS OR USERS, THE QUALITY OF SERVICES OFFERED BY THE PERFORMERS ANY MATTERS RELATING TO ANY WORK OPPORTUNITIES OFFERED BY VIEWERS OR OTHER USERS, UNLESS OTHERWISE SPECIFIED IN WRITING.
By visiting the Website, you agree that the laws of the Province of British Columbia, Canada, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and the Company, and any disputes shall be adjudicated in the City of Vancouver, British Columbia, Canada, and you consent to exclusive jurisdiction and venue in such courts.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or the Company. You may terminate these Terms at anytime by notifying us that you no longer wish to use our services, or when you cease using our Website.
Site Policies, Modification, and Severability
Please review our other policies as posted on this Website. We reserve the right to make changes to the Website, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
SECTION 2 – TERMS FOR VIEWERS
This Section applies to all Viewers and their Accounts.
Where designated, there is no fee charged to access profiles, demo reels, videos and other content uploaded to the Website by Performers.
Your Account and Use of the Website
If you register for an account, you agree to keep all of your Account information current. Upon registering as a Viewer, you will choose a username and password. You may not select or use a display name of another person (unless it is also your name), a name in violation of a third party’s property rights, or a display name that the Company deems offensive or otherwise inappropriate. The Company owns all display names and licenses them to you. We reserve the right to delete or alter any display name at any time.
You are entirely liable for all activities conducted through your Account or otherwise. A Viewer may not permit another individual to use the Viewer’s Account without direct supervision by the Viewer.
Viewers who have had their Account terminated may not access the Website without the Company’s prior express written permission. Viewers may not allow a former Viewer whose Account has been terminated to use their Account. For additional information on re-registration and multiple Accounts you can send an email to email@example.com.
Representations and Warranties
You agree to provide the Company with accurate, complete, and current Account information. Failure to do this shall constitute a breach of these Terms and may result in immediate termination of your Account and subject you to civil and possible criminal liability. Unless you have prior written authorization from the Company, you may not register for additional Accounts after such termination.
Cancellation and Termination
Viewers may cancel their Account at any time. This is your sole right if you are dissatisfied with the Website in any way. If you are unable to log in or have any other Website-related issues, you may contact the Company by sending an email to firstname.lastname@example.org. To ensure prompt and effective cancellation, please provide your login name and your full name.
Furthermore, the Company reserves the right to terminate any Accounts arbitrarily. We also hold that we have the right to deny service for Accounts and users, deemed as fraudulent or otherwise high risk Accounts. We also report at our discretion and cooperate with law enforcement in any claims of fraud or other illegal activity.
SECTION 3 – TERMS FOR PERFORMERS
This Section applies to all Performers and their accounts.
To join our database as a FULL member, you must be a registered union member with a minimum of 6 union stunt credits. Performers with less than 6 but at least 1 union stunt credit can be listed in our Apprentice database.
To be considered a member one must pay dues according to the fees schedule outlined on our Membership page: [insert link to membership page]. When you pay such dues, you are authorizing your Paypal account, or such other payment service account that we may use from time to time, to be charged the posted rates.
The Company agrees to provide the Performer with an electronic medium to generate revenue on a “pay per minute” basis, and Performer agrees to provide content (the “Content”) by rendering video streams of live online performances (the “Performances”) of an adult nature to the Company via the Website. Performer will have the right to set up pricing at Performer’s discretion, provided that Performer agrees to abide by the minimum standard and price as determined by the Company.
Performer is an independent contractor and not an employee, agent, or partner of the Company.
The Company agrees to provide Performer with a non-exclusive, limited license to use the Company’s proprietary software (the “Proprietary Software”) to transmit your Content to the Website from authorized locations in accordance with these Terms. This license is subject to the restriction that you may not translate, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works from the Proprietary Software. You may not modify the Proprietary Software or use it in any way not expressly authorized in these Terms. You specifically acknowledge that the Proprietary Software is solely owned by the Company or its affiliates. The Performer acknowledges that the Proprietary Software is provided “as is” and the Company disclaims all representations and warranties, including, but not limited to, all express and implied warranties of merchantability and fitness for a particular purpose. Performer agrees that the Company will not be liable to Performer for any unforeseeable liabilities arising out of a malfunction relating to the Proprietary Software.
Warranties & Limitations of Liability
Performer warrants and represents that any Content that Performer delivers to the Company will not violate any applicable laws, rules, regulations or public policies that may govern the Content so delivered.
The Performer will have the right to terminate his or her Account for any reason whatsoever with written notice to the Company. The Company may terminate the Performer’s Account with written notice to Performer for any reason whatsoever, including but not limited to breaches of these Terms, Performer’s willful failure to provide satisfactory Content to the Company, including without limitation any violation of the Company’s Code of Conduct, acts or omissions constituting dishonesty, fraud, misrepresentation, theft or breach of confidentiality by Performer, acts or omissions that impair the Company, its affiliates, successors or assigns’ business, goodwill, or reputation, or evidence poor judgment on the part of Performer as determined solely by the Company; or, Performer’s conviction of, or a plea acknowledging, a crime involving fraud, dishonesty, moral turpitude or adversely affecting the Company or its business or prospects.
The Company may, at its sole and absolute discretion, waive any breach or failure to perform by Performer hereunder in any instance, for any period of time it determines appropriate. Performer agrees and understands that a waiver by the Company in one instance does not express or imply that any breach or failure is or may be waived in a subsequent instance; or, that a waiver for another Performer results in a waiver for Performer./
In case of termination, the parties agree to remit any monies or services owed to the other within a reasonable period of time, and Performer agrees to cease any related activities, including but not limited to, using the Proprietary Software.
Code of Conduct
Performer understands that the Company’s “Code of Conduct” set forth in Section 4 governs the Performer’s performance on the Website and the Content provided by the Performer to the Company hereunder. Performer agrees and understands that he/she must strictly follow the Code of Conduct and that it may be amended or changed at the sole discretion of the Company with no advance notice to Performer.
Confidentiality & Non-disclosure
Performer agrees that the Proprietary Software, the business and marketing plans of the Company, and any other Company information provided to the Performer are confidential and proprietary in nature, and the Performer shall not directly or indirectly disclose or grant access to such data or information to any third parties without the prior written permission of the Company in each instance.
The Company agrees that Performer will be allowed to own and operate a personal website so long as Performer does not solicit Users, circumvent the Company’s business or its commercial relationship with its Viewers or other Performers through their personal website that is or may be in direct or indirect competition with the Company. Performer shall not obtain or release any email addresses or web page addresses to anyone without the prior written approval of the Company in each instance.
Performer will upload and transmit Content in the form of video, images, sounds, and/or text to and through the Company’s system for re-broadcast. All content/images uploaded to the system are hereby licensed by the Performer to the Company for use on the Website and the Company will have the sole discretion to use all such content in any way it deems necessary, in any medium (whether analog or digital, mechanical or virtual), in all promotion, distribution, advertising, sales and marketing efforts. Performer covenants and agrees that Performer shall not directly or indirectly bring any action or claim against the Company, its affiliates, successors and assigns for trademark, service mark, trade dress or copyright infringement or for any matters relating to the Company’s use of the Content.
Performer grants to the Company, its employees, agents, representatives, contractors, successors, and assigns the perpetual, irrevocable, fully paid, royalty-free, universal and unconditional right to use, simulate, portray, publish, copy, distribute, perform, display and generally exploit Performer’s identity, name, fictional names (if any), voice, signature, photograph, words, images, personality or other likeness (“Publicity Rights”); and immediately copy, distribute, perform, display, and create derivative works from any copyright protected works or materials developed or created by Performer, based in whole or in part on, or arising from or related to the Publicity Rights, for advertising, distribution, marketing, promotion, publicity, or any other lawful commercial or noncommercial purpose, in any form or manner, in whole or in part, in any electronic or non-electronic medium now known or later devised.
Personal Consent and Release
The Performer consents to the use of the Content for use on the Website, in any and all manner and media (including virtual, digital, and online media) now know or hereafter devised, throughout the universe in perpetuity, including without limitation, in connection with use in advertising, exploitation and/or publicity and promotion.
The Performer hereby expressly releases the Company, its agents, employees, representatives, licensees and assigns from and against any and all claims which the Performer has or may have in invasion of privacy, defamation or any other cause of action arising out of the production, distribution, broadcast, exhibition or online upload of the Content.
This consent cannot be changed, modified or cancelled.
The Performer confirms that the Performer has had an opportunity to receive independent legal advice respecting these Terms or alternatively, has voluntarily waived the right to obtain the same.
SECTION 4 – CODE OF CONDUCT
All Users, including but not limited to Viewers and Performers, hereby agree NOT to use the Website for any of the following:
- Posting any incomplete, false, misleading, or inaccurate Content about yourself and/or your profile;
- In the case of Performers, delivering any Content that is not entirely your own or for which you do not have full rights to use;
- Impersonating, or otherwise misrepresenting affiliation, connection or association with, any person or entity;
- If you have a password, allowing any other person to access a non-public area of the Website, disclosing to or sharing your password with any third parties, or using your password for any unauthorized purpose;
- Use meta tags or code or other devices containing any reference to the Company or the Website (or any trademark, trade name, service mark, logo or slogan of the Company or the Website) to direct any person to any other website for any purpose;
- Posting or sending material that exploits people under the age of majority in a sexual or violent manner, or solicits personal information from anyone under the age of majority in that person’s jurisdiction of domicile;
- Soliciting passwords or personal identifying information for commercial or unlawful purposes from other users;
- Engaging in advertising to, or solicitation of, other Users to send money, buy or sell any products or services not approved by the Company;
- Transmitting any chain letters or junk email;
- Soliciting gambling or engaging in any gambling or similar activity;
- Posting advertisements or solicitations of employment, business, or pyramid schemes;
- Using the Website or Service for activities that violate any law, statute, ordinance, or regulations;
- Using the Website or Service to encourage, promote, facilitate, or instruct others to engage in illegal activity;
- Personally attack, make fun of, troll, flame, bully, stalk or otherwise harass another User;
- Make or promote any type of racism or hate towards anyone in specific or a group of people;
- Use the Website for any fraudulent purposes;
- Collect or store personally identifying information about any other User(s) for commercial purposes;
- Impersonate any person or entity, including, but not limited to, a Company official, employee, consultant, or otherwise, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as "inside information", or proprietary and confidential information learned or disclosed as part of employment relationships or subject to a nondisclosure agreement);
- Upload, post, email, or otherwise transmit, or post links to any Content that facilitates computer hacking;
- Upload, post, email, otherwise transmit, or post links to any content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement, including making available tools that can be used for no purpose other than for "cracking" software or other copyrighted content;
- Advertise, offer for sale, or sell any of the following items:
- Any firearms, explosives, or weapons;
- Any items that are hateful or racially, ethnically or otherwise objectionable, that contain pornography, or are harmful to those under the age of majority;
- Any controlled substances or pharmaceuticals;
- Any counterfeit or stolen items;
- Any goods or services that do not, in fact, exist;
- Any registered or unregistered securities;
- Any items that violate or infringe the rights of other parties; and
- Any items where paying the Company any of the required transactional or listing fees would cause the Company to violate any law.
You further agree that you will not harass, annoy, intimidate, or threaten any of the Company’s employees, affilates or agents.