1. GENERAL
1.1 Agency Pro Software Inc., is not an employment agency, talent agency or casting company.
Agency Pro Software Inc., is a corporation that provides Agency Pro Software, an online talent
management database that this agent/casting director/manager(s), company (hereinafter referred
to as “your company”), may use to enhance their ability to work with you. Through
the use of Agency Pro Software, you and your company are solely responsible for the content
uploaded onto the Agency Pro Software database.
1.2. You and your company own and are solely responsible for all content on this database
concerning you, and you and your company are solely responsible for all activities and results
of those activities, that take place through the use of this database concerning you.
1.3. ACTIVE HOSTED PORTFOLIO WEBSITE SERVICE. Agency Pro provides talent with a
free account for maintaining profile information within the Agency Pro system. Talent may
separately choose to activate an optional paid Active account. The recurring Active account fee
is charged for Agency Pro's hosted portfolio website service, including hosting and storage of
the talent's portfolio content, photographs, video and other permitted media; maintaining and
displaying the talent's public portfolio website; and providing one or more public portfolio
website URLs that the talent may use and share for professional marketing.
Agency Pro retains possession and control of the hosted website platform, software and hosting
infrastructure. The Active account fee does not transfer ownership of, or provide the talent
with a downloadable or separately licensed copy of, Agency Pro's software. Talent retains
ownership of the content they upload to their portfolio.
2. ACCOUNT USAGE
2.1. You agree to use the Agency Pro Software Inc., Web-Based Software and the online portfolio
only for storing and distributing images and data of yourself in a lawful manner. You agree not
to post or distribute any images on or through the Services unless you have been granted the
right to do so by the owner of the images.
2.2. Changes can be made by you to your online portfolio at any time for no fees, 24 hours a day,
and 7 days a week. Agency Pro Software Inc., and your company retain the right to remove images
or data from your portfolio at any time.
2.3. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING YOUR USER NAME AND PASSWORD. You agree to notify
your company or Agency Pro Software Inc., immediately if you believe your account is being used
without your permission or has otherwise been compromised, or if you believe your password has
been stolen.
2.4. Agency Pro Software Inc., is not responsible for any third-party misuse of the system or any
interruption of service caused by hardware or software failure.
3. PRIVACY
3.1. Agency Pro Software Inc. may collect personal information that you provide when registering,
maintaining your account, activating a paid service, contacting customer support, or otherwise
using Agency Pro services. This may include your name, email address, mailing address, phone
number, payment-related information, profile information, and other information you choose to
provide.
3.2. Agency Pro Software Inc. may use your information to operate and maintain your account and
portfolio, process payments, provide customer and technical support, communicate with you about
billing and services, improve Agency Pro services, and send information about Agency Pro
products, features and upgrade options where permitted by law.
3.3. Agency Pro Software Inc. does not sell your personally identifiable information. Information
may be shared with service providers and other parties that assist Agency Pro in operating its
websites, processing payments, hosting data, providing customer service, or conducting its
business, provided that such parties are permitted to use the information only for appropriate
business purposes. Agency Pro may also disclose information when reasonably necessary to comply
with law, enforce its policies, or protect the rights, property or safety of Agency Pro, its
users or others.
3.4. Agency Pro uses reasonable administrative, technical and physical safeguards intended to
protect personal information. Payment transactions may be processed by third-party payment
providers, and Agency Pro may use cookies and similar technologies to operate its websites,
remember preferences, maintain sessions and improve services.
3.5. If you voluntarily disclose personal information to third parties through Agency Pro services
or make information publicly available through your portfolio, that information may be viewed or
used by others. You are responsible for the information you choose to make public.
3.6. Agency Pro Software Inc. may use your contact information to email, mail or phone you
regarding your Agency Pro Software Inc. portfolio, billing matters, new features, upgrades,
technical support, and marketing or promotional information about other entertainment industry
services, including services offered by third parties, talent opportunities, networking services,
contests, promotions and other products or services that may be of interest to talent and
entertainment industry professionals. Agency Pro may send such communications on its own behalf
or on behalf of third parties. Marketing emails will include an option to unsubscribe where
required by law.
3.7. CHILDREN UNDER 13 / PARENTAL CONSENT. Agency Pro Software Inc. complies with
the Children's Online Privacy Protection Act (“COPPA”). For users under 13 years of
age, Agency Pro requires verifiable consent from the user's parent or legal guardian before
collecting, using or publicly displaying the child's personal information, except where otherwise
permitted by law. This information may include the child's name, profile information,
photographs, videos and other portfolio content, some of which may be displayed publicly through
the child's Agency Pro portfolio. Parents or legal guardians may review their child's personal
information, request that it be corrected or deleted, withdraw consent, or request that Agency
Pro stop further collection or use of the child's information by contacting
support@agencyprosoftware.com. Agency Pro
retains children's personal information only for as long as reasonably necessary for the purposes
for which it was collected or as otherwise required by law.
4. PAYMENTS FOR ACTIVE HOSTED PORTFOLIO WEBSITE SERVICE
All payments made by talent for an Active account are payments for the hosted portfolio website
service described in Section 1.3 and must be made directly to Agency Pro Software Inc. and/or
processed through the Agency Pro website payment system. All payments are non-refundable except
where otherwise required by law.
By activating an Active account, you authorize Agency Pro Software Inc. to automatically charge the
payment method provided at activation on each applicable renewal date. If you select the monthly
payment option with a twelve-month minimum commitment, you agree to make a minimum of twelve
monthly payments. If you select an annual option, the applicable annual charge will renew annually
unless canceled.
After satisfaction of any applicable minimum commitment, you may cancel future renewals by
contacting Agency Pro at support@agencyprosoftware.com,
by calling customer support at 800-985-9147, or through any online
cancellation method Agency Pro makes available. Cancellation will stop future renewals but does
not result in a refund of amounts already properly charged, except where otherwise required by
law.
Agency Pro will collect and charge applicable sales, use or similar taxes only when required by
applicable law.
5. INDEMNIFICATION & LIMIT OF LIABILITY
5.1. You agree to defend and indemnify Agency Pro Software Inc., and any of their officers,
directors, employees and agents from and against any claims, causes of action, demands,
recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature
including but not limited to reasonable legal and accounting fees, brought by:
(i) you or on your behalf in excess of the liability described in Section 5.2; or
(ii) by third-parties including as a result of
(a) your or your company's breach of these Web-Based Software Terms, Conditions and Notices or the
documents referenced herein;
(b) your or your company's violation of any law or the rights of a third party; or
(c) your or your company's use of this Web-Based Software.
5.2. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGENCY PRO SOFTWARE INC.,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR LOST-PROFIT DAMAGES ARISING OUT OF OR RELATED TO THE
SERVICES OR USER-GENERATED CONTENT. AGENCY PRO SOFTWARE INC.'S TOTAL LIABILITY FOR ANY CLAIM
ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO
AGENCY PRO SOFTWARE INC. DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO
THE CLAIM.
6. CUSTOMER SERVICE
6.1. QUESTIONS ABOUT AGENCY PRO SOFTWARE INC.
For general questions about your portfolio or Agency Pro Software Inc., please visit the support
page on the top right once logged into your account, or contact your company directly.
6.2. PROBLEMS USING THE SOFTWARE: Please login to your talent portfolio and use
the HELP/Support Form (located at the top right) for immediate assistance. If you are unable to
access your portfolio, you may email our customer service department
(support@agencyprosoftware.com) or call us at
800-985-9147.
7. AGREEMENT AND MARKETING COMMUNICATIONS
By submitting an application, creating an account, activating a portfolio or using Agency Pro
services, you agree to this End User Agreement. Marketing communications may be sent as described
in Section 3.6. You may unsubscribe from marketing emails at any time by using the unsubscribe
option included in those messages.
8. USER CONTENT AND ACCEPTABLE USE
8.1. You agree to not post information or pictures that are not of a professional nature or which
contravenes US Federal, International Trademark or copyright laws and restrictions in any way.
You will be responsible for, and indemnify and hold harmless Agency Pro Software Inc., its
subsidiaries, divisions, affiliates, agents and representatives against, any claim arising from
any material that you post or transmit. Although Agency Pro Software Inc., and its affiliates may
from time to time monitor or review postings and pictures on the Site, neither Agency Pro Software
Inc., nor its affiliates is under any obligation to do so. Agency Pro Software Inc., reserves the
right to change or modify portfolio information as needed and without notice. Agency Pro Software
Inc. and its affiliates reserve the right, at their sole discretion, to edit, refuse to post, or
remove any material, links, email addresses, images, and content submitted to, or posted on your
portfolio. You agree to read and adhere to the guidelines, if any, of Agency Pro Software Inc.,
regarding the posting of appropriate images and content. Violation of these Terms and Conditions
will cause your membership to be terminated without a refund.
8.2. USER-GENERATED CONTENT AND MODERATION. Users are solely responsible for all
photographs, videos, messages, information and other content they upload, transmit or make
available through the Services. Agency Pro Software Inc., its officers, directors, employees and
affiliates are not responsible for user-generated content or for any user's exposure to content
uploaded or transmitted by another user. Users may not upload or transmit content that is
unlawful, pornographic, obscene, excessively violent, exploitative, or that depicts or involves
the sexual exploitation or sexual abuse of a minor. Agency Pro may, but is not obligated to, use
automated systems, third-party moderation services or manual review to detect, restrict or remove
prohibited content. Such moderation measures are not guaranteed to identify or prevent all
prohibited content. Agency Pro reserves the right to remove content, suspend or terminate
accounts, and report unlawful activity to appropriate authorities when required or permitted by
law.
9. USER CONTENT LICENSE
You retain ownership of the photographs, videos, information and other content you upload or
transmit through the Services. By uploading or transmitting content, you grant Agency Pro Software
Inc. and its affiliates a non-exclusive right to host, store, reproduce, edit, resize, transmit,
publish and display that content as reasonably necessary to operate, maintain and provide your
account, portfolio website and Agency Pro services, and to distribute or display your portfolio as
intended by you or your company.
10. NO GUARANTEE OF EMPLOYMENT OR WORK
Agency Pro Software Inc., makes no warranties, nor guarantees you will be booked or hired for jobs
or work with your company with whom you are subscribing. No paid account status guarantees
employment, representation, auditions, bookings, casting consideration, or any other professional
opportunity.
11. NO PAYMENT REQUIRED TO VIEW OR APPLY TO CASTINGS OR JOB OPPORTUNITIES
Agency Pro does not require any Talent User to purchase, activate, or maintain a paid, Active,
upgraded, or premium account in order to view, access, respond to, apply for, or submit to any
casting notice, audition, job opportunity, or similar opportunity made available through the
Service.
Talent Users with a free account have the same ability to view and submit to available casting
notices and job opportunities as Talent Users who maintain a paid, Active, or upgraded account.
Payment for an Active or upgraded account is solely for additional portfolio, website, hosting,
media, visibility, and related account features and is not a condition of eligibility to view or
apply for casting or employment opportunities.
Agency Pro will not require a Talent User to pay a fee, purchase an upgrade, or subscribe to a paid
membership as a condition of submitting to any casting or job opportunity made available through
the Service.
CONTACTING US
If there are any questions regarding this Agreement or Agency Pro's privacy practices, you may
contact us using the information below.