Contestants Terms of Use 2018-09-25T21:33:33+00:00

TERMS OF USE

THIS TERMS OF USE APPLIES TO EAUDITIONER WEBSITE, AND ALL RELATED SITES, SERVICES AND TOOLS (THE “PLATFORM”) REGARDLESS OF HOW YOU ACCESS OR USE THE PLATFORMS

EAUDITIONERRESERVES ALL RIGHT, AT ITS SOLE DISCRETION, TO DENY FURTHER OR CONTINUOUS ACCESS TO THE SITE TO ANY USER OR VISITOR, INCLUDING, WITHOUT LIMITATION, ANY USER THAT HAS VIOLATED ANY ASPECT OF THE TERMS OF USE.

This terms of use governs all use of the eAuditioner (hereafter referred to “eAuditioner” or “Company” “We” “Our”) website and all content, services and products available to you at or through the website. The Website is owned and operated by Howells Enterprises LLC

The use of eAuditioner is subject to your acceptance without modification of all of the terms of use contained herein and all other operating rules, policies (including, without limitation, EAUDITIONER’s Privacy Policy). This terms of use specified above are known collectively the Agreement.

PLEASE REVIEW THE TERMS HEREIN, BY VISITING AND CONTINOUSLY USING EAUDITIONER REGARDLESS OF HOW YOU ACCESS IT, YOU AGREE TO THE RULES, GUIDELINES AND TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED WITHIN HEREIN IN ITS ENTIRETY, YOU ARE NOT AUTHORIZED TO BECOME A USER AND ADVICED TO LEAVE THE SITE IMMEDIATELY.

INTRODUCTION

eAuditioner is a platform that allows users to upload videos of their talents, activities, passion which may include music, dancing, acting, singing, playing etc., creating a platform where sponsors can select the users based on the videos uploaded by user.

User understands that no warranty is stated under this Terms of use, eAuditioner does not guarantee that a user will be selected neither does eAuditioner makes any promises about Sponsor. User also understands that eAuditioner does not control any selection process made by any Sponsor. Sponsors selection of a User/Talentat any time, shall be at the sole discretion of such sponsors.

You warrant that you’re at least 18 years of age to access the website and its service. Any use of the Service is void in Countries or territories where prohibited. By accessing and using the website and its service, you represent and warrant that you have the authority and capacity to enter into this Agreement and to abide by all of the terms of use of this Agreement. If you become a User, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. Using the Service may be prohibited or restricted in certain countries.

  1. MODIFICATIONS TO SERVICE.

eAuditioner reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or the Service (or any part thereof) with or without notice. You agree that eAuditioner shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Website or the Service, eAuditioner reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website or Service. Notwithstanding, eAuditioner reserves all right to ban any User or website from using the service for any reason

  1. CHANGES

We reserve the right, at our sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement at all times for changes. Your continuous use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms of use of this Agreement.

  1. TERM AND TERMINATION.

 

  1. This Agreement will remain effective from the date of account registration and continue in full force while you use the Service and/or are a User.
  1. You may cancel your account at any time, for any reason, by providing a termination notice to eAuditioner at surport@eauditioner.com. If you cancel your account via the Website, we may ask you to provide a reason for your cancellation.
  2. After your accountis terminated for any reason, all terms of this Agreement shall survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
  1. YOUR ACCOUNT AND SITE.

In order to obtain access to the Website and its Service, You must first submit the applicable registration to eAuditioner for review and initial approval. We reserve the right, in our sole discretion, to allow or deny access to the website and any other Service to anyone at any time and for any reason, as we deem fit. The registration data that You provide on the Application in order to obtain access to the Content and Service may include, without limitation,: (a) Your first and last name; (b) e-mail address; (e)mailing address, (e) date of birth; (f) gender; (g) Profile (as defined below) information such as ethnic background, appearance, features, religion, income range, occupation, sexual preference/lifestyle information. You agree to provide true, accurate, current and complete Registration Data and to make necessary updates as may be required in order to maintain it in an up to date and accurate fashion. eAuditioner will verify and approve all registrants in accordance with its standard verification procedures. During registration, You will be asked to provide a password to use as Your account log-in credential, where applicable (“Log-In”). If the Log-In that You request is not available, You will be asked to supply another Log-In. If eAuditioner approves Your User application, eAuditioner will set up your specific account (“Account”). You understand that the following terms shall apply to your account.

  1. You warrant the information you provide while creating an account with us is true and accurate to the best of your knowledge.
  1. In the event of any changes to the information earlier provided by you, you’ll be responsible for making timely update of such information under your profile.
  1. You understand that you’ll be responsible for keeping your login credentials safe at all times. You are solely responsible for any authorized or unauthorized access to your account to the greatest extent permitted by law
  1. ENGAGEMENT WITH OTHER USERS.

 

  1. YOU ARE SOLELY RESPONSIBLE FOR YOUR ENGAGEMENT WITH OTHER USERS. YOU UNDERSTAND THAT EAUDITIONER CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. EAUDITIONER ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. EAUDITIONER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS.
  1. eAuditionerwill not be responsible for the conduct of any User on the Platform. In no event will eAuditioner, its affiliates or its partners be liable in anyway for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or another use in connection with the use of the Website or Service including, without limitation, emotional distress, death, bodily injury, and/or any other damages resulting from communications or meetings with other Users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other Users, particularly if you decide to communicate off the Website or meet in person.
  1. CONTENT POSTED BY YOU ON THE WEBSITE

 

  1. You understand and accept that we offer our users the opportunity to create and upload video images, recordings (collectively the “Media files”)You however understand and accept that your uploaded media files shall not, does not constitute an automatic sponsorship. eAuditioner does not influence how Sponsors make selections on this platform. We specifically disclaim all claims that eAuditioner offers its users any consideration, reward, or incentive for providing the media file.
  1. By posting Content on the Website or as part of the Service, you automatically grant to eAuditioner its directors, affiliates, licensees, contractors, third party agents and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by eAuditioner will not infringe or violate the rights of any third party.
  1. In addition to the types of Content described above, the following is a partial list of the kind of Content that is prohibited on the Website. You may not post, upload, display or otherwise make available Content that:
  • That promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • Advocates harassment or intimidation of another person;
  • Requests money from, or is intended to otherwise defraud, other users of the Website or Service;
  • Involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities);
  • Promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
  • Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
  • Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
  • Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • Provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
  • Provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
  • Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
  • Impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
  • Provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
  • Disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
  • Solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and
  • Publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

eAuditionerreserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication from the Website or Service and terminating or suspending the account of such users.

  1. CONTENT POSTED ON OTHER WEBSITES.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which eAuditionerlinks, and that link to eAuditioner. eAuditioner does not have any control over those non-eAuditioner websites and web pages, and is not responsible for their contents or their use. By linking to a third party website or webpage, eAuditioner does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. eAuditioner disclaims any responsibility for any harm resulting from your use of third party websites and web pages.

  1. INTELLECTUAL PROPERTY.

This Agreement does not transfer from eAuditioner to you any eAuditioner or its supplier’s intellectual property. All rights, title and interest in and to such property will remain (as between the parties) solely with eAuditioner. All logos, and all other trademarks, service marks, graphics and logos used in connection with eAuditionerWebsite are trademarks or registered trademarks of eAuditioneror its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any eAuditioner or third-party trademarks or any other aspects of eAuditioner Website.

  1. You acknowledge and agree that neither eAuditioner nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, as a result of or alleged to be the result of (i) any incorrect, inaccurate completeness, appropriateness and usefulness of the Content, Feedback, Profiles and other information posted on the Website or provided in connection including with the Service, whether caused by Users or any of the equipment or programming associated with or utilized in the Website or Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any Member; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or User communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, EAUDITIONER PROVIDES THE WEBSITE AND THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. EAUDITIONER DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE WEBSITE OR IN THE SERVICE WILL BE CORRECTED.
  1. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR WEBSITE.
  1. From time to time, eAuditioner may make third party opinions, advice, statements, offers, or other third party information or content available on the Website and/or through the Service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. EAUDITIONER DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE WEBSITE OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE OR SERVICE. UNDER NO CIRCUMSTANCES WILL EAUDITIONER OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
  1. LIMITATION ON LIABILITY.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL EAUDITIONER, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF EAUDITIONER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EAUDITIONER’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EAUDITIONER FOR THE SERVICE DURING THE TERM OF ACCOUNT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

  1. GENERAL REPRESENTATION AND WARRANTY.

You represent and warrant that (i) your use of the Website will be in strict accordance with the eAuditioner Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, province, city, or other governmental area, regarding online conduct and acceptable content.

You agree to indemnify and hold harmless eAuditioner, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorney’s fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

eAuditioner may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Website. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.

  1. ENTIRE AGREEMENT; OTHER.

This Agreement constitutes the entire agreement eAuditioner and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of eAuditioner, or by the posting by eAuditioner of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the English laws.

This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers on the Website, contains the entire agreement between you and eAuditioner regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of eAuditioner to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-exclusive, non-transferable and revocable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind eAuditioner in any manner.

You acknowledge having read the Agreement before accepting it, having the authority to accept the Agreement and having received a copy of the Agreement. Should have any questions about your use of eAuditioner’s website, feel free to contact us at: surport@eauditioner.com