SPOKESMODEL TERMS OF SERVICE
Terms of Service
You represent and warrant that you are 18 years of age or older. You further represent and warrant that all information, content, photographs, videos, postings, work that you upload to the Ignite Spokesmodel Search website at the time of registration and thereafter will be true, accurate, current and complete and you agree to update such content as necessary to maintain its truth and accuracy.
No Violation of Other Obligations
You represent that by registering, using and/or accessing the Ignite Spokesmodels Search website and entering into this legally binding Terms of Service, such activities do not violate any obligations that you have with any third parties, including, without limitation, any obligations that exist or arise between Talent and their Agencies (including the situation where the Talent has contractual obligations with more than one Agency), and any obligations that exist or arise between talent seekers and talent. To the fullest extent permitted by law, Ignite and Castifi disclaim any responsibility or liability for any violation of such other obligations by you.
You agree not to use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of and access to the Services.
You must not interfere or disrupt the services or servers or networks connected to the services, of the websites operated by Ignite and Castifi, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Ignite or Castifi page or content is rendered or displayed in a user's browser or device.
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links, job listings, and other content or materials (collectively, "Content") that you submit, post or display on or via the Services. The Service may record the location of any device from which the Content is uploaded to the Service and You consent to Us transmitting, collecting and processing and use of Your location Content. We may, but have no obligation to, remove, edit, block, and/or monitor any content submitted by you or accounts containing content submitted by you that we determine in our sole discretion violates these Terms of Service.
You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms of Services; (ii) the posting and use of your Content on or through the Services does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services; and (iv) you have the legal right and capacity to enter into these Terms of Services in your jurisdiction.
By using the services and websites operated by Ignite and/or Castifi, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Ignite does not and is not required to review this content. You agree that Ignite is not responsible for any content of third-parties or for any damages as a result of your use of or reliance on it.
License to Ignite
You hereby grant to Ignite a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to display the content that you post on or through the services and/or websites operated by Ignite and Castifi, subject to the Privacy Policies, available at https://ignite.co/pages/privacy-policy and https://www.castifi.com/privacypolicy.
Ignite Digital Content
The services and websites operated by Ignite and Castifi contain content owned or licensed by Ignite, through its affiliated entity Blitz NV, LLC, a Nevada limited liability company (“Blitz”). Ignite’s Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Ignite, Ignite owns and retains all rights in the Ignite Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Ignite Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Ignite Content.
Disruption In Services
We may change, suspend or end a service, or change or modify the services prospectively at our sole discretion. To the extent permitted by law, these changes may be effective upon notice provided to you. Although it is Ignite’s intention for the websites and services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
You agree that Ignite is not responsible for, and does not endorse any content posted or uploaded. Ignite does not have any obligation to prescreen, monitor, edit, or remove any content. If your Content violates these Terms of Service or other laws or regulations, you may bear legal responsibility for the Content.
TO THE EXTENT ALLOWED UNDER THE LAW, IGNITE (A) DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G., WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DOES NOT GUARANTEE THAT THE WEBSITES OR SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDES THE WEBSITES AND SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
Exclusion of Liability
TO THE EXTENT PERMITTED UNDER LAW, IGNITE SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE WEBSITES OR THE SERVICES (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT). IN NO EVENT SHALL THE LIABILITY OF IGNITE EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, US $1,000. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND IGNITE AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF IGNITE HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
You (and also any third party for whom you operate an account or activity on the Services) agree to defend (at Ignite’s request), indemnify and hold Ignite and their affiliates harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the websites or the services, or those conducted on your behalf): (i) your Content or your access to or use of the websites and the services; (ii) your breach or alleged breach of these Terms of Service; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Ignite in the defense of any claim. Ignite reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Ignite.
We reserve the right, in our sole discretion, to change these Terms of Service (“Updated Terms”) from time to time. You agree that we may notify you of the Updated Terms by posting them on the websites, and that your use of the websites or the services after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Service and any Updated Terms before using the websites or the services. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the websites and the services from that point forward. These Terms of Service will govern any disputes arising before the effective date of the Updated Terms.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org. You may also contact us by mail at: 6005 Las Vegas Blvd S. STE 7, Las Vegas, NV 89119, United States