Terms of Service

1. Your Acceptance

A. By using and/or visiting this website (collectively, including all content and functionality available through the youractormba.com domain name and server(s) and affiliated domain names and server(s), the “Your Actor MBA Website,” or “Website”), you signify your agreement to all terms and conditions herein (the “Terms of Service”). If you do not agree to any of these terms, please do not use the Your Actor MBA Website.

B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at the Your Actor MBA Website. Your Actor MBA may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. Your Actor MBA Website

A. These Terms of Service apply to all users of the Your Actor MBA Website, including users who are also contributors of content, information, and other materials or services on the Website. The Your Actor MBA Website includes all aspects of Your Actor MBA, including but not limited to all products, software, and services offered via the Website such as Your Actor MBA Content Distribution Products (collectively, Your Actor MBA Player, Your Actor MBA Widget, Your Actor MBA Search Form, Your Actor MBA Message Board, and Your Actor MBA Social Media Applications).

B. The Your Actor MBA Website may contain links to third party websites that are not owned or controlled by Your Actor MBA. Your Actor MBA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Your Actor MBA will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Your Actor MBA from any and all liability arising from your use of any third-party website.

3. Your Actor MBA Accounts

A. In order to access some features of the Website, you will have to create a Your Actor MBA account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Your Actor MBA immediately of any breach of security or unauthorized use of your account.

B. Although Your Actor MBA will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Your Actor MBA or others due to such unauthorized use.

4. General Use of the Website—Permissions and Restrictions

Your Actor MBA hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

A. You agree not to distribute in any medium any part of the Website without Your Actor MBA’s prior written authorization.

B. You agree not to alter or modify any part of the Website, including but not limited to Your Actor MBA’s Distribution Products or any of its related technologies.

C. You agree not to access Your Actor MBA Content through any technology or means other than the video playback pages of the Website itself and Your Actor MBA Distribution Products.

D. You agree not to use the Website, including the Your Actor MBA Distribution Products defined in 2A, for any commercial use without the prior written authorization of Your Actor MBA. Prohibited commercial uses include any of the following actions taken without Your Actor MBA’s express approval:
(1) sale of access to the Website or its related services (such as the Distribution Products) on another website;
(2) use of the Website or its related services (such as the Distribution Products), for the primary purpose of gaining advertising or subscription revenue;
(3) the sale of advertising, on the Your Actor MBA website or any third-party website, targeted to the content of specific User Submissions or Your Actor MBA content;
(4) and any use of the Website or its related services (such as the Distribution Products) that Your Actor MBA finds, in its sole discretion, to use Your Actor MBA’s resources or User Submissions with the effect of competing with or displacing the market for Your Actor MBA, Your Actor MBA content, or its User Submissions.

E. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Your Actor MBA Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without:
(1) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and
(2) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.

F. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Your Actor MBA servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, Your Actor MBA grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Your Actor MBA reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. chats, message board forums, comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website.

G. In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.

H. Your Actor MBA reserves the right to discontinue any aspect of the Your Actor MBA Website at any time with or without notice.

5. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Your Actor MBA Website.

A. The content on the Your Actor MBA Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (“Content”) and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to Your Actor MBA, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you as-is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Your Actor MBA reserves all rights not expressly granted in and to the Website and the Content.

B. You may access Content for your information and personal use solely as intended through the provided functionality of the Your Actor MBA Website. You shall not copy or download any Content unless you see a “download” or similar link displayed by Your Actor MBA on the Your Actor MBA Website for that Content.

C. User Content and Message Board Forums are made available to you for your information and personal use solely as intended through the normal functionality of the Your Actor MBA Website. User Content and Message Board Forums are made available as-is, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Your Actor MBA Website or otherwise as prohibited under this Agreement.

D. You may access Your Actor MBA Content only as permitted under this Agreement. Your Actor MBA reserves all rights not expressly granted in and to the Your Actor MBA Content and the Your Actor MBA Website.

E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Content of third parties obtained through the Website for any commercial purposes.

F. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Your Actor MBA Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Your Actor MBA Website or the Content therein.

G. You understand that when using the Your Actor MBA Website, you will be exposed to Content from a variety of sources, and that Your Actor MBA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Your Actor MBA with respect thereto, and agree to indemnify and hold Your Actor MBA, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

6. Your Content and Conduct

A. As a Your Actor MBA account holder you may submit User Content. You understand that whether or not such User Content is published, Your Actor MBA does not guarantee any confidentiality with respect to any User Content.

B. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Your Actor MBA to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Website and these Terms of Service.

C. You retain all of your ownership rights in your User Content. By submitting User Content to Your Actor MBA, you hereby grant Your Actor MBA a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Your Actor MBA Website and Your Actor MBA’s (and its successors’ and affiliates’) businesses, including without limitation for promoting and redistributing part or all of the Your Actor MBA Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Your Actor MBA Website a non-exclusive license to access your User Content through the Website, and to use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Content are perpetual and irrevocable.

D. In connection with User Content, you further agree that you will not submit material that is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Your Actor MBA all of the license rights granted herein.

E. You further agree that you will not, in connection with User Content submit material that is contrary to applicable local, national, and international laws and regulations.

F. Your Actor MBA does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Your Actor MBA expressly disclaims any and all liability in connection with User Content. Your Actor MBA does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Your Actor MBA will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Your Actor MBA reserves the right to remove Content without prior notice.

7. Account Termination Policy

A. Your Actor MBA reserves the right to suspend or terminate any User’s access to the Your Actor MBA Website and affiliated server(s) at any time, for any reason, without notice and at its sole discretion. Further, Your Actor MBA will terminate a User’s access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

B. These Terms of Service notwithstanding, Your Actor MBA reserves the right to remove any Content at any time, for any reason, with or without notice and at its sole discretion. Further, Your Actor MBA reserves the right to decide whether Content is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Your Actor MBA may remove such User Content and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

8. Digital Millennium Copyright Act

A. If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(4) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

B. Your Actor MBA’s designated Copyright Agent to receive notifications of claimed infringement is:
copyright@youractormba.com
Mitchell Fink
Your Actor MBA
PO Box 57948
Sherman Oaks, CA 91413.

Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Your Actor MBA Customer Service. You acknowledge that if you fail to submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) that complies with all of the requirements above, your DMCA notice may not be valid.

C. Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the Content you may send a counter-notice containing the following information to the Copyright Agent:
(1) your physical or electronic signature;
(2) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(4) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

D. If a counter-notice is received by the Copyright Agent, Your Actor MBA may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Your Actor MBA’s sole discretion.

9. Warranty Disclaimer

You agree that your use of the Your Actor MBA Website shall be at your sole risk. To the fullest extent permitted by law, Your Actor MBA, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof. Your Actor MBA makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for 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 Website,
(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 Website,
(v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or
(vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Your Actor MBA Website.

Your Actor MBA does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Your Actor MBA Website or any hyperlinked website or featured in any banner or other advertising, and Your Actor MBA will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should do due diligence in researching third parties, use your best judgment, and exercise caution where appropriate.

10. Limitation of Liability

In no event shall Your Actor MBA, its officers, directors, employees, or agents, be liable to you for any 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 Website,
(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 Website,
(v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Website by any third party, and/or
(vi) 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 Your Actor MBA Website, 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 Your Actor MBA shall not be liable for user submissions 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 Website is controlled and offered by Your Actor MBA from its facilities in the United States of America. Your Actor MBA makes no representations that the Your Actor MBA Website is appropriate or available for use in other locations. Those who access or use the Your Actor MBA Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Indemnity

You agree to defend, indemnify, and hold harmless Your Actor MBA, its parent corporation, officers, directors, 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 use of and access to the Your Actor MBA Website;
(ii) your violation of any term of these Terms of Service;
(iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or
(iv) any claim that any of your User Content caused damage to a third party.

This defense and indemnification obligation will survive these Terms of Service and your use of the Your Actor MBA Website.

12. Ability To Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Your Actor MBA Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Your Actor MBA Website.

13. Validity

In the event that any provision of these Terms of Service be held to be invalid, the same shall not affect any respect whatsoever the validity of the remainder of these Terms of Service.

14. Integrated Agreement

These Terms of Service constitute the entire understanding and agreement among all parties with respect to the subject matter hereof and there are no agreements, understandings, restrictions, or warranties among the parties other than those set forth herein provided for.

15. Headings

The headings, titles, and subtitles used in this Agreement are for ease of reference only and shall not control or affect the meaning or construction of any provision hereof.

16. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Your Actor MBA without restriction.

17. General

You agree that:
(i) the Your Actor MBA Website shall be deemed solely based in California; and
(ii) the Your Actor MBA Website shall be deemed a passive website that does not give rise to personal jurisdiction over Your Actor MBA, either specific or general, in jurisdictions other than California.

These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Your Actor MBA that arises in whole or in part from your use of the Your Actor MBA Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Service, and any other legal notices published by Your Actor MBA on the Website, shall constitute the entire agreement between you and Your Actor MBA concerning the Your Actor MBA Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Your Actor MBA’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Your Actor MBA reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Your Actor MBA Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

You and Your Actor MBA agree that any cause of action arising out of or related to the Your Actor MBA Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Thank you, and enjoy earning Your Actor MBA.