Terms & Conditions
Last Updated: December 29th, 2014
1. Who May Use the Online Services at Polish Your Passion
You must be at least 13 years old to use the online services offered at . If you are at least 13, but are still a minor (depending upon where you live), you must have your parent or legal guardian's permission to use Polish Your Passion’s “MomentB4” Video Feedback service or other online services on our website. Please have him or her read this Terms & Conditions agreement with you.
NOTICE TO PARENTS AND GUARDIANS:
By granting your child permission to use the online services at , you agree to the terms of this Agreement on behalf of your child. If your child is using the online services at Polish Your Passion and is either under 13 or does not have your permission, please contact us immediately, so that we can disable his or her access.
3. “MomentB4 Video Feedback Service & Purchases
Users can access the “MomentB4” Video Feedback Service by filling out the submission form found on our website, which requires personal information, a link to personal video, and credit card information to complete purchases. If user does not provide accurate information, we may not be able to process your feedback requests. Users can select feedback from an acting coach, singing coach, or acting through song coach. Prices for feedback options can be found on the submission form itself. Payment will be processed immediately through our secure, third party payment gateway upon submission. Feedback requests then will be assigned to a qualified Polish Your Passion independent contractor (coaches) by our administrator.
All videos will be processed according to Eastern Standard Time Zone. If received within normal business hours (Tuesday thru Friday 12-8pm; Saturday 12pm-6pm), we guarantee that you will receive your feedback within 2 business days of your submission. For example, if we receive your submission at 4:30pm on Tuesday, you will receive your feedback by 8:00pm on Thursday. If we receive your submission at 8:30pm on Tuesday, you will receive your feedback no later than 12pm on Friday. If a submission is received on the weekend (Saturday after 8pm-Tuesday before 12pm), you will receive feedback by 12pm on Thursday.
You will receive an email with a private link to your feedback video hosted on a third party website. This video will remain on the host site for 7 days after you receive your link. You may view and/or download this video at any time within this 7-day period. After this viewing period, your video will be deleted from the third party website and our server.
4. Rush Delivery
We offer a rush delivery option on the submission form. For an additional $10, you will receive your video feedback within 1 business day. For example, if we receive your submission at 3pm (during normal business hours) on Tuesday, you will receive feedback by 8pm on Wednesday. If, for example, we receive your submission at 8:30pm (outside of normal business hours) on Tuesday, you will receive feedback by 12pm on Thursday. If we receive your submission on the weekend, you will receive your feedback by 12pm on Wednesday.
If you do not receive your feedback video within the time frame specified in Article 3 or 4 (see above), please send a refund request to . Polish Your Passion will not grant refunds based on casting or admissions decisions.
6. Other Products and Services
Polish Your Passion offers private Skype and New York City studio acting and voice lessons and master classes. These services are subject to availability, so please contact email@example.com for current availability and rates. Customers will receive an invoice for all lessons and master classes, which is expected to be paid upon receipt. If a student wishes to cancel a lesson or enrollment in a master class, a request must be received within a minimum of 48 hours to receive a full refund. Subject to availability, Polish Your Passion will reschedule lessons, if requests are received within a minimum of 48 hours. Please contact firstname.lastname@example.org for all cancellation, refund, and rescheduling requests. If there are additional terms and conditions for these other products and services, they will be presented at time of payment.
7. Termination for Breach
Polish Your Passion may block or remove any posts made on our website or third party social media and may refuse to process any video submission, if we determine that you have violated any provision of this Agreement, your content contains extreme profanity, nudity, or behavior deemed to be inappropriate, you have violated any third party’s copyright or other rights, or that your content could damage Polish Your Passion’s reputation and goodwill. If this occurs, Polish Your Passion will contact you and you may not be allowed to use Polish Your Passion’s products or services. Polish Your Passion may also block your email address and Internet protocol address and refuse to process further submissions.
8. Website Content, Intellectual Property, & Restrictions
The content found on the website (i.e. images, logos, text, videos, etc.) and the trademarks displayed are the intellectual property of Polish Your Passion and may not be reproduced, distributed, modified, republished, or reused in any way without written permission from Polish Your Passion or as expressly provided in these Terms & Conditions. The images, testimonial videos, commercial video, etc. are either the property of Polish Your Passion or used with expressed permission. Any unauthorized use of the content found on the website may violate copyright laws, trademark laws, other applicable laws, rules, and regulations and will result in legal action.
9. Licenses Granted by User
You own the information and video content of the videos that you submit to Polish Your Passion and may request its deletion at any time. When you submit to our service, you grant Polish Your Passion a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Polish Your Passion, for the purpose of (i) providing personalized, interactive video feedback with your submitted video, which enhances the user experience; (ii) displaying the video on third party websites and applications through a video embed or upload, in order to provide you with the completed product or service; (iii) allowing users to play and download the feedback video on third party websites; (iv) using the video to promote Polish Your Passion, subject to your expressed permission; and (v) archiving or preserving the video for disputes, legal proceedings, or investigations.
10. Restrictions on Sharing Your Feedback Video
Although Polish Your Passion permits the sharing of video feedback links or emailing downloaded feedback video to parents or guardians, please be advised that our services exist to provide your own personal educational enrichment. Each feedback video has personalized feedback that is tailored to each submission, and therefore, a Polish Your Passion coach’s feedback provided in your feedback video might not apply to bystanders who might view your video. Once your submission video is processed and your feedback video includes the likeness or image of a Polish Your Passion coach or employee, it becomes the exclusive, intellectual property of Polish Your Passion and we own the copyright of each feedback video. Polish Your Passion strictly prohibits the sharing of feedback videos for (i) public consumption and social distribution either on YouTube, Vimeo, Facebook, Twitter, or other social media sources; (ii) commercial use; and (iii) sharing trade secrets to competitors. If a user shares Polish Your Passion feedback videos and violates this agreement set forth, unless granted expressed permission or for reasons provided in these Terms & Conditions, legal action may be taken against you.
11. Third Party Website Links & Social Media Interactions
12. YouTube and Vimeo Links
In order to access some of the features of service, you may have to create an account with YouTube or Vimeo to upload your video content and share the link with Polish Your Passion. You must use your own account to provide this content and you may never use another user’s account without permission. You are solely responsible for the activity that occurs in these accounts and is in no way governed or monitored by Polish Your Passion. Please be advised that by limiting your privacy of your uploaded content or deleting these videos before the completion of service by Polish Your Passion, you may disrupt service and prevent the ability of Polish Your Passion coaches and employees to process your video feedback requests. If user deletes video content or prevents Polish Your Passion from viewing submitted video links before the completion of service, then user takes sole responsibility for Polish Your Passion’s inability to process these video feedback requests and will forfeit the ability to ask for a refund.
13. Third Party Copyrights and Additional Rights
Polish Your Passion respects the intellectual property rights of others. If you believe that your copyright has been infringed in any way, please send a detailed message to email@example.com.
14. Recording on Our Website through YouTube Upload Widget
We offer a third party YouTube Upload Widget that allows users to record videos directly on our website for ease of video creation. Videos are uploaded directly to your personal account on YouTube (if you have one). Polish Your Passion is in no way responsible for your use of this widget or the way that it collects, distributes, or shares your video. Polish Your Passion also does not guarantee that this widget will work or be accessible at all times. It is your sole responsibility to delete unwanted videos that may be recorded, uploaded, and shared via this widget.
15. Website Use on Mobile Device
To the extent permitted by applicable law, you will agree to indemnify, defend, and hold harmless Polish Your Passion and its affiliates, directors, officers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your activities on the Polish Your Passion website and its services; (ii) your violation of any term of this Agreement; (iii) your violation of any law that infringes any third party right, including any intellectual property, copyright, or privacy right; or (iv) any claim that your content caused damage to a third party.
You assume all responsibility and risk when using our website and services, which is provided on an “as is” and “as available” basis. Therefore, you use Polish Your Passion and its services at your own risk. Polish Your Passion expressly disclaims any and all warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning (i) the availability, accuracy, quality, artistic worth, completeness or usefulness of this site’s content or services or the content of any sites linked to this site; (ii) the functioning of our website or that the content and material of the services made available will be timely, secure, uninterrupted or error-free; (iii) any bugs, viruses, etc. which may be transmitted to or through our services or a third party that infect your computer equipment or other property; (iv) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services; (v) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored either there or through third party sources; and (vi) concerning any content submitted by any member or concerning any third party’s use of content that you submit. Polish Your Passion does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party source either hyperlinked through our website or featured in an email message correspondence.
18. Limitation of Liability
IN NO EVENT SHALL POLISH YOUR PASSION, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, ETC. WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT POLISH YOUR PASSION SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The products and services provided on our website are controlled and offered by Polish Your Passion from its facilities in the United States of America. Polish Your Passion makes no claims or representations that the services and products published on this website are appropriate or available in other countries or regions. Those users who access or use this website from other regions do so at their own risk and it is their sole responsibility to comply with local laws.
Polish Your Passion reserves to modify, add, or delete any of the terms and conditions set forth here without prior notice and such modifications will be effective immediately. The effective date of the revised Terms & Conditions will appear at the top of this document.
20. General Provisions
GOVERNING LAW: This Agreement shall in all respects be governed by, and construed and interpreted in accordance with, the Laws of the State of New York without giving effect to any conflicts of law principles of such state that might refer the governance, construction or interpretation of this Agreement to the Laws of another jurisdiction.
21. BETA Test Warning
Please be aware the website and its services are currently undergoing BETA testing. You understand and agree that the website and services offered may suffer disruption, not operate as intended, or contain software bugs. Your use of the services at this stage demonstrate your understanding of and agreement to participate in BETA testing.