Effective Date: May 22, 2019
Acceptance of Terms
Welcome to the African-American Voice Actor Database. These Terms and Conditions (“Terms”) govern your use of www.AAVADB.com (“Site”) and all of the services or features available on or through the Site (collectively, the “Services”) offered by Del Toro Sound LLC DBA AAVADB (“AAVADB”). Site “Users” include (i) visitors to the site, (ii) voice actors showcasing and promoting their talents (“Artist”), (iii) talent agencies and agents representing Artist or seeking new Artists to represent (“Agency”), and (iii) voice-seekers looking to book voice talent services (“Voice-Seekers”). All Users should review these Terms carefully. By accessing the Site and/or using the Services, you represent to us that you have read, fully understand, and agree to the Terms. If you do not agree to the Terms, then do not use the Services.
Your activities on the Site or use of the Services may also be governed by additional guidelines, rules or agreements related to a particular Service, all of which are incorporated by reference into the Terms.
Changes to Terms
Changes to Services
You agree that AAVADB reserves the right to modify or discontinue the Site and/or its Services, and to remove or reject the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you.
You must be at least 13 years of age to use the Services. Minors may not use the Services without the permission or supervision of a responsible adult. AAVADB will not knowingly collect personally identifiable information on or through the Services from anyone under 13.
Artists and Agents representing Artists interested in creating an account on our database must register by creating a username and providing a valid e-mail address and other relevant requested information. By registering, you represent that you have all requisite right, power and authority to bind yourself to any applicable agreement(s) and to perform your obligations thereunder. You agree to provide truthful and accurate information and update such information as it changes.
AAVADB reserves the right to review all registration applications and to accept or reject any applicant(s) in its sole judgment. This database is for professional voice talent actors only, and AAVADB will review the quality and experience of the potential registrants as well as the quality of the media samples provided. You may not transfer or assign your registration to any other party.
You are responsible for using an effective password that is not easily guessed or discoverable and for maintaining the confidentiality of such password. You agree to immediately notify AAVADB via e-mail at INFO@AAVADB.COM of any compromise or suspected unauthorized use of your user account, user name, or password. AAVAD will not be liable for any losses incurred by the User caused by any unauthorized use of the User’s access to the Services or User Content, and the User hereby agrees it may be liable for losses incurred by AAVADB or the losses incurred by others as a result of such unauthorized use.
You will abide by all applicable laws relating to your use of the Services and you explicitly agree that (a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortuous; defamatory; fraudulent, libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of the Site and/or the Services; distribution of viruses or other harmful code; hacking or causing privacy breaches; distribution or storage of any material protected by copyright, trademark, trade secret, or other intellectual property right without proper authorization; giving rise to civil or criminal liability; or in violation of an applicable local, national, or international law; (b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you; (c) you will not collect or harvest any information about other Site users; and (d) you will not provide, and you will not use the Site and/or Services to provide, any content or service in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce.
Accounts Run by Agents
In the event the User is an Agency providing registration information on behalf of Artist, the Agency warrants and represents that it has full authority to represent such individual Artist, to provide AAVADB with the registration information and any other personally identifying information of such individual Artist, including parent/guardian authorization where required by law, and to otherwise enter into and agree to Terms on behalf of the Artist (including licensing of all intellectual property rights).
In the event that an individual Artist of the age of majority advises AAVADB that he or she is no longer represented by the Agency that established and/or maintained an account on the Artist’s behalf, we will, at our discretion, either turn control of the account to another Agency with an account and/or has access to the Services or terminate the account, as directed by the Artist. If the Artist is not of the age of majority, the parent or legal guardian of the individual Artist may advise AAVADB that the individual Artist is no longer represented by a certain Agency, and we will, at our discretion, either turn control of the account over to another Agency with an account and/or has access to the Services or terminate the account, as directed by the Artist’s parent or legal guardian.
AAVADB reserves the right to immediately suspend or terminate the User’s access to the Services without notice if: (I) User fails to comply with any provisions of the Terms; or (ii) User attempts to assign, sub-license, or otherwise transfer any of its rights under Terms without the consent of AAVADB.
Artist Profile Content and Copyright
The Services allow approved Artists and Agencies to upload and share media and information for the limited purpose of demonstrating an Artist’s skill and experience (“Intended Purpose”). This content includes but is not limited to, biographical information, photos, video and audio recordings (collectively, “User Content”). Artist/Agency grants to AAVAD a non-exclusive, worldwide, royalty-free, license to use, distribute, edit, display, archive, publish, perform, reproduce, make available, transmit, translate, and create derivative works of that User Content and your name, voice, likeness and other identifying information where part of User Content, in any form, media, software, or technology of any kind now known or hereafter developed, in whole or in part, for the Intended Purpose or to attract new Users to the Site. Artist/Agency hereby waive any moral rights you may have in AAVAD User Content.
You retain ownership of your rights in any User Content, subject to the non-exclusive rights that you grant to AAVADB. AAVADB takes no responsibility and assumes no liability for any of the User Content that you upload, transmit, or otherwise make available on or through the Services. You represent and warrant that you own or otherwise control all of the rights to the User Content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify AAVAD for all claims resulting from content you supply. AAVAD has the right but not the obligation to monitor any activity or content, and edit or remove any activity or content for any reason.
AAVAD may access, preserve, and/or disclose your account information, and/or User Submissions if required to do so by law, or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce the Terms; (c) respond to claims that any User Submissions violates the rights of third parties, (d) respond to your requests for customer services, or (e) protect the rights, property, or personal safely of the AAVAD, its users, and/or the public.
Goods and services of third parties may be advertised and/or made available on or through the Site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties.
You agree to indemnify, defend, and hold AAVAD and our respective representatives, subsidiaries, affiliates, officers, directors, employees, agents, independent contractors, and partners harmless from and against any and all third-party claims, liabilities and costs (including, but not limited to, reasonable attorneys’ fees) arising from your use of the Services, or violation of the Terms by you or any other user of your account (whether or not authorized).
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND OF ANY SERVICES IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU “AS IS”, AND AAVADB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AAVADB MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER AAVADB NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT AAVADB WILL NOT BE HELD LIABLE IN ANY WAY. Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE OWNER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AAVADB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES. In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.
Disclaimer of Endorsement
AAVADB is not affiliated with and does not represent or serve as an agent for any of the Artists on our Site. Inclusion on our database does not indicate or imply an endorsement by AAVADB of the Artist or Agency. Voice-Seekers interested in booking talent or Agents interested in representing an Artist showcased on our Site should contact the Artist using the contact information provided by Artist or their Agent on their profile page.
All Rights Reserved
AAVADB reserves all of its rights, including but not limited to any and all copyrights, trademarks, trade secrets, and any other proprietary rights (collectively, “Protected IP”) that AAVADB may have in respect to the Site, its content, and any Services provided. By making services available to you, nothing should be construed as granting you, by implication, estoppel, or otherwise, any license or right to use AAVADB’s Protected IP, without our prior written permission specific for each such use. You will have no rights to make any commercial use of the Site or provided Services without AAVADB’s prior written consent.
These Terms are governed by the laws of the State of Georgia without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and AAVAD submit to the exclusive personal jurisdiction and venue of the state and federal courts located within Clarke County, Georgia. You agree that any cause of action arising out of or related to the Site or the Services must be commenced by you within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred.
Notice and Takedown Procedure
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). If AAVADB receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating User accounts, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.
If you believe that content you own has been used on the Services in a way that violates your copyright or other intellectual property rights, please email registered DMCA agent at firstname.lastname@example.org with the following information:
In accordance with Section 512(i)(1)(a) of the DMCA, AAVADB will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party’s right to act with respect to subsequent or similar breaches.
Section headings are included in the Terms for convenience only. They are not to be considered a part of these Terms, and are not intended to be a full and accurate description of the contents hereof.