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Site Terms
Barlea's LLC, doing business as The Access Pass, provides the marketplace platform known as The Access Pass. As a user of the Site, you are referred to as "you." Your use of our website, app, and the services we offer via them is governed by this Site Terms of Service Agreement.
Terms of Use - Users of our site, including guests to our site, are subject to these Terms. Our current Acceptable Use Policy and Community Guidelines also apply to use of our website. The Talent Terms of Service (described below) apply to your usage of our website as a Talent User.
You acknowledge that you have read, understood, and agree to be bound by these Terms by using our Site. Do not use or access our site if you do not agree. Use our site as usual to accept these terms or click "I Agree" to show that you agree.
All disputes between you and The Access Pass shall be resolved by binding arbitration. Only individually, not as a plaintiff or class member in any class or representative action or process, may you bring claims against us. You forfeit your right to file a lawsuit for relief if you choose not to agree to the arbitration agreement.
1. THE ACCESS PASS Marketplace
You commit to submit truthful, accurate, current, and comprehensive information while setting up an account on our website. You are in charge of protecting the privacy of the information associated with your Site account. We disclaim all liability and responsibility for any harm that results from unauthorized access to or use of your site account, including any damages, losses, costs, fees, or liabilities.
2. THE ACCESS PASS Video Conference
- You may ask a Talent User to take part in THE ACCESS PASS Video conference just for you or another person you specify as the receiver. You may find Video Conference from sports, actors, musicians, artists, influencers, and other celebrities.
- You accept that the Talent User will make the final decision on how to conduct your request. In our sole discretion, we have the right to refuse any request. Such reservations' accompanying refunds or credits will be processed following this agreement (Fees and Payment).
- THE ACCESS PASS Video Conference are not sold; they are licensed. You are not purchasing The Access Pass Video conference itself; rather, you are purchasing the right (or permission) to use it.
- Your rights in any The Access Pass Offering, may not be sold, resold, commercialized, or encumbered. For personal, non-commercial, and non-promotional uses only, you may sublicense your rights to access a THE ACCESS PASS Video Conference as authorized by these Terms.
- Only in accordance with these Terms, which also include our Acceptable Use Policy / Community Guidelines, are you permitted to use THE ACCESS PASS Video Conference. Without providing you with any prior notice, we keep the right to remove any The Access Pass Video Conference from our site at any time and for any reason.
3. Business THE ACCESS PASS Video Conference
- Some Talent Users may supply THE ACCESS PASS Video Conference for the purpose of promoting a Recipient that is a single commercial business, a not-for-profit organization, or a governmental body that is duly registered and operating in the United States or another nation.
- Business Video Conference Representations and Warranties for THE ACCESS PASS: You affirm and guarantee that:
- The Access Pass is authorization to conduct business in the United States, or any other nation that has been expressly and in writing approved by The Access Pass. The Company is duly registered and conducting business in the United States.
- Any information given to Talent is factually correct, not deceptive, and does not constitute derogatory or defamatory material.
- All applicable laws, rules, and regulations will be followed by both you and the Business. You might have to use a suitable hashtag (such as #ad or #sponsored) or other disclosure in conjunction with the usage of the business' THE ACCESS PASS Video Conference to make it clear that it's an advertisement.
- You are fully authorized to request a Business THE ACCESS PASS Video Conference on behalf of the Business and to accept these Terms. This authorization extends even to the Business. You may also use any details, company name, trademark, trade name, trade dress, or logos that have been supplied in conjunction with your Submission.
- You consent to hold a Talent User, who provides you with Business THE ACCESS PASS Video conference and other The Access Pass for Business services, harmless. You consent to indemnify and keep harmless the relevant Talent User from and against all demands, litigation, losses, damages, and costs.
4. Acknowledgement
You acknowledge and agree that:
- The Access Pass shall not be held accountable or liable for any THE ACCESS PASS Video Conference, any offering that you ask, or any Submission (defined below) that you make.
- You have no expectation of privacy of any THE ACCESS PASS Video conference you request or any Submission (defined below), and you agree not to make any requests or send any Submissions that violate another person's right to privacy or other rights.
- We will remove or prohibit you if you violate any of the terms of this agreement, cancel your access to our site, or both. The license granted to you by these Terms to use any THE ACCESS PASS Video Conference or other service expires.
- In The Access Pass's sole judgment, we have the right to deny you access to our site, remove or ban you (together with any account you may have established or control), or take other necessary action. Any request you send through our site may be denied by us or a Talent User, without restricting any of our rights.
5. Additional Terms
There can be further terms and conditions for some of the goods or services available through the website. We shall provide them to you in connection with that product or service if Additional Terms apply. Unless specifically stated otherwise in Additional Terms, these Terms will apply in their entirety.
6. Eligibility
- Age: To use our Site, you must be at least 13 years old (or, if you're from a country other than the United States, the legal age of majority).
- Eligibility Assurances and Representations: You affirm and guarantee that:
- We or any relevant law or regulation have not prevented you from using or accessing any feature of our site.
- You agree to abide by all terms of any third-party payment provider we choose, and you are not on that payment provider's prohibited list.
- You (and any Site account you created or control) have not previously been suspended or removed from our Site for any reason.
- You have not been found guilty of a sex crime.
- You understand and accept that the U.S. export control laws and regulations apply to the goods, services, and technology offered by The Access Pass. No part of our website may be exported or reexported: (I) to anyone on the US Treasury Department's list of Specially Designated Nationals; or (ii) into any country to which the US has imposed an embargo.
- You agree not to use the Site or The Access Pass product or service for any partisan political purpose, including to collect money for your campaign for public office, the campaign of another individual running for public office, or the campaign of another political party. Additionally, you will refrain from promoting or asking for donations from organizations that are doing the same for you or other candidates.
7. Fees and Payment
- By submitting your request or making a purchase, you agree to pay any sums owing in line with the payment conditions in force at that time. When you submit your request on our site, you will see the cost for a THE ACCESS PASS Video conference or other item on the booking page for the Talent User.
- American dollars are used to settle transactions ("USD"). Any charges that your credit card issuer imposes are your responsibility to pay. To cut down on or do away with fees and costs related to currency conversion, the Access Pass may settle transactions in a currency other than USD.
- Using a legitimate credit card and the proper third-party payment source, you may order a THE ACCESS PASS Video Conference. You agree to notify the payment provider right away if your billing address (or any other payment card information) changes. Refunds won't be given out.
- App for iOS: You affirm that you are a citizen of a nation or region where the app supports payments in the local currency (as listed here). Your purchase will not be accepted if you are not. Your request may be canceled by The Access Pass at any time, and no refund will be given.
- All fees related to your transaction will be paid to your account at the time of booking or purchase. Your payment method will be reimbursed if THE ACCESS PASS Video Conference request is canceled or not fulfilled.
- By providing your payment information, you consent to pre-authorization holds and the prompt charging of any monies due and payable by the payment provider after your request has been completed by The Access Pass. You do so without further notification to or approval from you.
- If your account has a credit balance and you make a purchase on our website, you can opt to use the balance to pay for the transaction up to the entire balance amount. Credit balances cannot be used outside of The Access Pass, are not refundable, and expire or extinguish instantly after being used.
- The Access Pass reserves the right (but is not obligated to) refuse your request for any THE ACCESS PASS Video Conference or other offering if: (I) your payment method is rejected; or (ii) you have previously been barred from or otherwise removed from our site.
- The Access Pass and Talent will each get a part of any money paid for a THE ACCESS PASS Video Conference or any other item, feature, or service on our website. This follows the Talent Terms of Service's.
- You can get in touch with us at [email protected] if you have any inquiries regarding a transaction you made through the App. Any billing issues between us shall be settled at our exclusive discretion.
- In addition to the cost of your purchase, the Access Pass will also collect Sales Tax. You are liable for paying the necessary Sales Tax (and any associated fines or interest) to the relevant tax authority if you have not submitted the applicable Sales Tax to The Access Pass.
8. Ownership
- You agree and recognize that each THE ACCESS PASS Video Conference and other offering from a Talent User is the sole property of the respective Talent User.
- All rights, titles, and interests in and to the following belong to us or our licensors: our website and the "look and feel" of our website, including all software, concepts, methods, data, text, images, and other content. Laws in the United States and other countries protect Our Site, The Access Pass Content, and Marks.
- You hereby give to us a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, permanent, and irrevocable license to any request you make or transmit to a Talent User, including details about any Recipient, whether it be audio, Video conference, text, or another media. The use or disclosure of a Submission, including any personal data belonging to you, a Recipient, or a third party, will not be the responsibility or liability of The Access Pass. You guarantee and indicate that any Submission you make is fully yours.
- We reserve the right to reject a Submission, refuse to send it, or to keep it on our website. You (and any Site account you established or controlled) may be removed or banned at any time for violating these Terms. We may also remove your Submission and cancel your access to our site.
- All your ideas, recommendations, proposals, plans, or other materials relating to our business are non-exclusive, royalty-free, fully paid, unrestricted, universal, sublicensable, perpetual, and irrevocable licenses granted to The Access Pass (individually, and collectively, "Feedback"). You authorize The Access Pass to use your Feedback in any way, including reproduction, licensing, distribution, modification, adaptation, public performance, public display, and creation of derivative works.
- You forfeit all moral rights, often known as "droit moral," in any contribution, including feedback, by submitting your work. Except as specifically provided by law, you represent and warrant that no third party has any moral, droit moral, or other rights in the Submission.
9. Copyright and Intellectual Property Policy
- Repeat infringers lose access to our website. Please report the following information to the Copyright Agent listed below if you think any content on our website violate copyright. We react to reports of purported copyright infringement and will take down content from our site if necessary.
- Your home address, contact information, and email address.
- A description of the work you allege has been violated.
- Information on the location of the item, a description of the allegedly infringing content, and a request to have it removed.
- A claim that "use of the item in the way complained of is not permitted by the copyright owner, its agent, or the law”.
- The copyright holders (or an agent acting on their behalf) electronic or written signature; and
- Under penalty of perjury, you are certifying that the information you are giving is true and correct and that you are the owner of the copyright or have the authority to act in accordance with your rights as an employee of the United States Patent and Trademark Office (USPTO).
Copyright Agent:
Barlea’s LLC d/b/a The Access Pass
[email protected]
Your notification could not be accepted if you don't adhere to these conditions. Please be aware that our Copyright Agent should only receive reports of purported copyright infringement.
- If you repeatedly infringe against our intellectual property, we may, in our sole discretion, remove or bar you from our Site and take other necessary action.
10. Privacy
You accept our privacy statement by using our website. We value the privacy of our customers. We describe how we gather, use, and disclose personal information in our privacy policy.
11. Third-Party Content and Interactions
- You may engage with third parties using The Access Pass or other offers, but The Access Pass is not liable for their content. You consent to avoid getting in touch or interacting with any Talent Users unless specifically allowed by our site. Any damages, losses, costs, expenditures, or liabilities of such kind or type incurred because of any such contact are not our responsibility or liability. If you live in California, you waive section 1542 of the California Civil Code (and any other SIMILAR State Statute). A broad release does not apply to claims that the creditor or party releasing the debt is unaware of or reasonably suspects are made in their favor.
- The Access Pass has no authority over the Charity and disclaims any guarantees about any donations made to the Charity. The Charity, as well as any other organization, such as the Talent User, are not sponsors of, endorsers of, or linked with, the Access Pass. Unless specifically indicated in writing otherwise, all proceeds from a THE ACCESS PASS Video Conference go to the designated charity.
12. Links
Links to third-party websites and social networking sites are present on our website. We disclaim all liability and responsibility for any harm that results from your use of these sites, including any losses, expenditures, fees, or obligations. A platform or website's terms and conditions and privacy policy should always be reviewed before using it.
13. Changes to our Site
By using this website, you acknowledge and accept that we may, at any time and without prior notice, update or eliminate any feature of our Site, including any material.
14. Termination and Reservation of Rights
Any individual, including you, may have their access to our site terminated at any time and for any reason at our sole discretion. Your authorization to use our Site automatically ceases if you breach any of these Terms. Contact a representative of The Access Pass staff at [email protected] to cancel your Site account.
15. Indemnification
You undertake to keep The Access Pass, its parents, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners, suppliers, and licensors harmless from and against any and all demands, losses, damages, and costs arising out of or in connection with such claim. In relation to any claim, you shall cooperate with us in a reasonable manner.
16. Disclaimers and Limitations on our Liability
- The Access Pass Parties disclaim all explicit, implied, statutory, and other warranties, conditions, and representations, including those relating to merchantability, suitability for a specific purpose, non-infringement, and those resulting from custom or practice in the industry. The use of our website is provided "as is" and "as available.
- The Access Pass Parties disclaim all explicit, implied, statutory, and other warranties, conditions, and representations, including those relating to merchantability, fitness for a specific purpose, non-infringement, and those resulting from custom or practice in the industry. The use of our website is provided "as is" and "as available."
- By using our site, you agree to bear responsibility for any harm, loss, expense, cost, or liability resulting from or related to using the site. No recommendation or information—oral or written—you get from us or from our website will establish any kind of warranty not already stated by us.
- You will encounter information from a range of sources when using our site. Any such content's truth, utility, safety, legality, or respect for intellectual property rights is not our responsibility. Any legal or equitable rights or remedies you have or may have against any The Access Pass Party are being waived by you, and you hereby do so.
- You acknowledge and agree that The Access Pass Party will not, to the fullest extent permitted by law, be liable to you or any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the price of having substitute goods made available.
- The amounts actually paid by you to The Access Pass during the 12-month period prior to a claim giving rise to such liability shall serve as the upper limit on our cumulative total liability to you or any third party under these Terms, including from all causes of action and all theories of liability.
- The exclusion or restriction of certain types of damages is prohibited in some jurisdictions.
- You and The Access Pass concur that The Access Pass's terms and conditions may be violated without incurring excessive financial loss.
17. Arbitration Agreement and Waiver of Certain Rights
- Any right to a jury trial in relation to any disagreement, claim, counterclaim, or other dispute is waived by both you and The Access Pass. According to the American Arbitration Association's rules, any Claim will be subject to binding arbitration. A single arbitrator will hear the dispute and provide a decision.
- The Access Pass will cover as much of the arbitration's administrative expenses and arbitrator fees as the arbitrator thinks appropriate to keep the arbitration's cost reasonable. The arbitrator may divide the arbitration fees between the parties in whatever proportions the arbitrator thinks acceptable.
- Each of you and The Access Pass is still free to ask a court with the necessary authority for temporary remedies, such as pre-arbitral attachments or preliminary injunctions. You are still free to file a complaint with a federal, state, or local government agency despite this arbitration agreement.
- There is no private attorney general or class representative. You acknowledge that no Claim may be arbitrated in a class- or representative-arbitration proceeding. The arbitrator can only resolve specific Claims (whether brought by you or The Access Pass). The Arbitrator is not allowed to combine or join the claims of other parties or individuals.
- After your connection with The Access Pass is over, this Section will remain in effect. If any clause in this Section is determined to be invalid or unenforceable, it will be judged necessary to change it in a way that still gives effect to the clause's intent, or if change is not possible, it will be severed.
- You have a 30-day opt-out period in which you can reject this arbitration agreement's terms. The rest of these Terms will still apply to you. Any other arbitration agreements you may have now or sign into in the future are unaffected by choosing to opt out.
- Certain rights, such as the right to a jury trial and the right to maintain judicial activities, are restricted under this Section. It's possible that arbitration would limit other rights that you or The Access Pass might have in a court of law. A class or representative claim or discovery is similarly restricted by Section 17 unless specifically permitted by AAA rules.
18. Other Provisions
- Force Majeure: The Access Pass Party will not be responsible for any delays or failures in performance resulting in whole or in part from acts of God (such as earthquakes, storms, floods, and so forth), epidemics, natural disasters, accidents, interruptions in internet and communication service, laws, rules, regulations, or orders from governmental authorities, or acts of war.
- Choice of Law and Jurisdiction: The laws of the State of New York shall govern these Terms and their interpretation. You consent that any legal action, whatever of its type, arising out of or connected with these Terms or our Site will only be brought in the state or federal courts in New York, New York.
- Severability: If any part of these Terms is determined to be unlawful, void, or otherwise unenforceable, that part shall be considered properly changed. The enforceability of any other clause in these terms and conditions is unaffected by this.
- No Waiver or Modification: The Access Pass's failure to enforce any right or term of these Terms will not prevent The Access Pass from doing so in the future and will not be interpreted as a modification of these Terms.
- In case of a sale of assets, merger, acquisition, reorganization, bankruptcy, other transaction, or by operation of law, The Access Pass may, at any time, assign its rights and duties under these Terms to an associated business.
- Titles used in this publication are just for convenience and are not relevant to how these Terms should be read. Unless otherwise specified per section 6(2) of the European Convention on Human Rights, the term "including" as used in these Terms shall have the broadest possible interpretation and shall mean "including, without restriction.
19. Changes to these Terms
These Terms might change. If we do, we will update the "Last Updated" date and post the updated Terms on our website. If you accept the amended Terms, they become operative right away. If you reject them, they'll take effect 30 days after publishing if you don't.
Additional Site Terms
The accompanying terms and conditions are accepted by you by using this product or service. The Site Terms will govern these Additional Terms and are incorporated therein. The definitions of terms in the Terms of Service of the website will also apply to these Additional Terms.
We have the right to change these Additional Terms at any time. If we do, we'll notify you by putting them on our website and changing the "Last Updated" time stamp. You guarantee that you have read, understood, and agree to these Additional terms by using or continuing to use this product or service.
The Access Pass Video Conference
1. The Access Pass Video Conference
You have the option to take part in The Access Pass Video Conference as advertised and scheduled on the website.
- A User may reserve a Video Conference and make them accessible to them.
- You agree that The Access Pass reserves the right to change the date, specifics, or cancellation of any Video Conference at any time.
- Except for the capability that The Access Pass may make accessible to you on the Site, you are not allowed to record, capture, screenshot, utilize, publish, reproduce, distribute, display, post, or share any part of the Video Conference.
- The Access Pass retains the right to keep an eye on the Video Conference and, at any moment, in its sole discretion, to halt the Video Conference or any User's participation in the Video Conference. A forthcoming Video Conference can also be canceled, changed, or ended at any moment by the Talent User hosting it.
2. Payment
Reservations cannot be transferred. By paying in full using credits or a third-party payment processor, you can reserve a Video Conference. If a Video Conference is cancelled, The Access Pass will credit your account or refund your original payment method. There will be no more refunds or exchanges made.
3. Acknowledgement
- A submission is one that complies with the Site Terms; an example of an event submission is any chat, comment, audio, image, Video conference, idea, intellectual property, feedback, review, photo, text, post, element, or other communication made in connection with the Video Conference (collectively, a " Video Conference Submission").
- The Video Conference may be recorded by the Access Pass, which the organizers may utilize.
- You are granted a non-exclusive, worldwide, sublicensable, fully paid license by The Access Pass to use, reproduce, distribute, and publicly display any such goods or memorabilia that The Access Pass gives you. This includes, but is not limited to, personal websites, social networking sites, text and email communications, and other types of personal storage.
- You grant The Access Pass an exclusive right to use your name, picture, voice, appearance, performance, likeness, and other personally identifiable information from and related to the Video Conference that is limitless, universal, transferable, sublicensable, perpetual, and irrevocable.
- No Video Conference, Video Conference Submission, or Talent User content will be the subject of any liability or responsibility arising from the Access Pass.
- You may not charge attendees a fee to join or request other consideration. You won't schedule or utilize a Video Conference for marketing, business, or commercial endeavors, and you won't use it for profit.
- To attend a Video Conference, a participant will require a The Access Pass account and an appropriate web browser.
Acceptable Use Policy
This Acceptable Use Policy applies to THE ACCESS PASS website, mobile application, and the services we offer there. The definition of words in the Site Terms of Service or in other terms and conditions on our website may differ from that in these Terms.
If you are a site user, you are responsible for using any THE ACCESS PASS Video Conference, your account on our site, any Submissions, and all Talent Content. An enjoyable, helpful, and secure user experience is what we strive to achieve. Certain actions that can be detrimental are forbidden in order to advance this purpose.
1. You represent and warrant that:
- You won't present any inaccurate or misleading information, and you won't employ a phony identity.
- If you have already been kicked off our site or banned, we won't let you establish an account.
- Other than what is specified in the site terms, you will not use or permit the use of any THE ACCESS PASS Video Conference.
- If you are a User, you agree that you will not make a request for—or fulfill a request made for—a Business or another Recipient that is under investigation for a crime, involved in, associated with, or advocates for illegal or unlawful behavior, violence, or hate speech.
- You will not:
- Disobey any rule of law or judicial order.
- violate, infringe, or improperly use any third party's intellectual property, privacy, publicity, moral rights, or other legal rights.
- Engage in any behavior that is unlawful, abusive, harassing, threatening, hateful, racial, disparaging, detrimental to anyone's reputation, pornographic, indecent, vulgar, obscene, or otherwise objectionable; or publish, post, distribute, or communicate anything that does any of those things (including nudity).
- transmit unwanted or unlawful messages, such as spam or other commercial or promotional material.
- engage in data harvesting or spidering or use spyware or other tools designed to gather information from our site, including from any user of our site.
- Disrupt, harm, or interfere with the use of computers by transmitting any virus, other computer instructions, or technological means.
- stalk, frighten, or otherwise endanger a third party.
- pose as any other individual.
- engage in any fraudulent or illegal activity, such as phishing, fraud, or money laundering.
- using any technique to scrape or crawl any area of our website.
- Any effort to go beyond any technological safeguards put in place by us, any of our suppliers, or any other third party (including a user) to safeguard our website, users, recipients, or other third parties.
- use our website to gather data in order to create a service, application, or website that is similar to or competitive with ours.
- An effort to read, comprehend, or reverse engineer any program or other underlying code that is utilized to deliver our site; or an attempt to decipher, decompile, disassemble, or reverse engineer the software that powers our site (i.e., make, access, repair, maintain, update, upgrade, modify, or remove).
- support, encourage, or help any third party do any of the aforementioned.
2. Investigations:
We reserve the right to watch how you or other users’ access or use our site. This involves keeping an eye on any THE ACCESS PASS Video Conference, talent submissions, feedback, or other content. In compliance with any relevant law, rule, court order, or other legal, administrative, or regulatory request or procedure, we may also enforce this Policy or our Terms.
Talent Terms of Service
Your usage of The Access Pass is subject to the Terms of Service Agreement. You are referred to as a Site talent user by the terms "You" and "Talent User." Access to our website, mobile application, and services are all included in using this site (collectively, "The Access Pass").
The Site Terms of Service, which are posted on our website in line with the terms and conditions of our Talent User agreement, govern your use of our Site as a Talent User. Only Talent Users of our website are subject to these Terms. Our Acceptable Use Policy and Community Guidelines apply to use of our site.
Terms of Use - As a Talent User, you acknowledge that you have read, comprehended, and agree to be bound by these Terms by using our site. Please carefully read these Terms before using our Site or accessing it if you do not agree.
All disputes between you and The Access Pass shall be resolved by binding arbitration. Unless you choose to opt out of the agreement, any disputes that occurred or were claimed prior to the "Last Updated" date at the top of these Terms shall be resolved by arbitration.
If you don't give up your right to a jury trial and your ability to file a claim for relief in a court of law, you can't join a class action lawsuit against us. You may not join a class action or other representative proceeding; rather, you may only bring an individual claim against us.
1. Participation in The Access Pass Marketplace
- By signing up, you affirm that the information you have provided about yourself is true, accurate, current, and comprehensive. You consent to not using a fake name or giving false information while creating a Site account. You oversee protecting the privacy of the login details for your Site account, including your username and password.
- Direct registration is allowed for Talent Users who are at least 13 years old. You guarantee and declare that you are of legal age to enter legally enforceable contracts by registering. All applicable laws and regulations pertaining to your activity on our Site must be complied with by your parent or legal guardian.
- Minor Talent Users must register through a parent or legal guardian to do so. Under the laws of the United States, the parent's or the Talent User's home country, or any other applicable jurisdiction, neither the parent nor the Talent User are prohibited from accessing our Site.
- The Access Pass Parties will hold The Talent User completely harmless if they violate these terms. A Talent User may be registered by a management business, manager, agency, agent, publicist, or other person or group. Under the laws of the United States or any other applicable country, neither the Organization nor the Affiliated Talent are prohibited from accessing our Site.
- When starting the talent on-boarding process on our site, you shall deliver to us the following promotional materials ("Promotional Materials") at no expense to The Access Pass. These materials consist of high-resolution pictures of you, a biography for your site profile.
2. The Access Pass Video conference
- The Access Pass has the right to reject any request from a User at its sole discretion. Any THE ACCESS PASS Video conference request that is denied, canceled, or not performed will not result in payment to you.
- Each THE ACCESS PASS Video conference will last the allotted time and adhere to the Site Terms. The storyline and substance of each The Pass Video Conference are entirely up to you. You oversee and have the discretion over how to respond to the User, subject to these Terms.
3. Business The Access Pass Video Conference
You have the option to use our website to promote a single commercial enterprise, not-for-profit organization, or governmental body by offering THE ACCESS PASS Video Conference (each, a "Business"). Each Business THE ACCESS PASS Video Conference is a Business THE ACCESS PASS Video Conference for purposes of these Terms, unless otherwise specified.
4. Fees & Payment
- You may decide to make THE ACCESS PASS Video Conference available on our website to promote a single commercial enterprise, not-for-profit organization, or governmental body (each, a "Business"). All Business THE ACCESS PASS Video Conference are considered Business THE ACCESS PASS Video Conference under these Terms, unless otherwise stated.
- For any product offering you developed and provided to satisfy a User's request, we will pay you 75% of the Booking Fee actually collected by The Access Pass.
- Any fees, commissions, charges, expenses, or payments of any sort paid to or in relation to any third party are not the responsibility of the Access Pass, and they will not be deducted from payments given to you in any way. There are no residual payments or other obligations on your part to any guild, union, management, or agency from The Access Pass.
- You consent to sign up with the third-party payment processor that The Access Pass chooses. Any information needed by the payment provider to receive payments will be provided by you. You might not be able to get the payments that are owed to you if you don't give all the necessary information. The terms and privacy policies of each payment provider apply to your usage of that payment provider; the Access Pass does not run, own, or manage any payment providers. You accept that any delay, failure, damage, or liability brought on by a payment provider, another party, a force major, or your inability to open an account promptly or correctly with that provider will not be our responsibility. You are entirely liable for all fees, costs, and expenditures associated with The Access Pass, save from any payments made to or deductions made by the application platform.
- Currency: Unless the payment provider allows you to select another currency and you do so, payments made through the payment provider are made in U.S. dollars.
- You acknowledge and agree that we have the right, in our sole discretion, to reject your identification or the charity you are raising money for. If you identify any entity on your booking page or elsewhere on our site as a charity or recipient of any funds you are raising (each, a "Charity"), you: (I) represent and warrant that the Charity is and will always remain in good standing the identification is used; and (ii) within 48 hours of receiving our request, you will comply with it.
5. Talent Referral Program
We give Talent Users and anybody else who registers on our site as a talent referral source ("The Access Pass Partner") the chance to share the special referral code we give you with their friends, relatives, or other personal contacts. You must consent to the following Talent Referral Program Terms to take part in the Referral Program.
- For whatever reason, Access Pass maintains the right to stop or cancel the Referral Program at any moment. Additionally, all Referral Fees might be lost if Referral Terms are violated (defined below).
- Neither affiliate lead generating, nor any other kind of business usage is permitted for the Referral Program. Only those who have created an account on our site as a Talent User or Access Pass Partner are eligible to take part. It is prohibited for The Access Pass's employees, officers, directors, contractors, agents, and representatives to take part in the referral program.
- You will get 5% of the Booking Fee for any new user whose application to register as a Talent User on our site using your Code is approved by The Access Pass. The Referral Fee is paid for each THE ACCESS PASS Video Conference produced and delivered by the Referred Talent within that 12-month period in order to satisfy a User's request approved through our website. You understand and accept that each Referred Talent may only have one referrer.
- We have the right to refuse to pay Referral Fees for Talent that we believe was acquired illegally or to withdraw any such payments. You may use our referral program exclusively for personal purposes, and you may only give your code to people you know personally. You are not permitted to disclose or publicize your Code with anybody outside your close friends, family, and other intimate connections.
- You pledge to produce and distribute any communications you use to share your Code with your personal relationships in a private way. They must comply with all applicable laws and regulations and not be considered "spam" or unsolicited business email. Any communications that do not adhere to these rules are explicitly forbidden and will result in the immediate cancellation of your Site account.
- We retain the right to cancel all associated Referral Fees, delete your Site account as well as the accounts of any Referred Talent, and pursue restitution. If we conclude that you or the Referred Talent: (I) interfered with this Referral Program; (ii) utilized it dishonestly, abusively, unethically, unsportsmanlike, or in any other doubtful or suspicious way; or (iii) violated any of these Referral Terms.
- A Talent User may join an Organization as an Affiliated Talent with the previous consent of The Access Pass. As of the day the Talent User becomes an Affiliate Talent, an Organization shall be entitled to the Referral Fee described in the site terms. A Referred Talent shall have the meaning given to it in these Referral Terms.
- You acknowledge that by participating in the Referral Program, you release and keep harmless The Access Pass Parties from and against all financial obligations, liabilities, claims, losses, injuries, costs, or expenditures, including property damage. Only economic damages are covered by this section; claims of fraud or personal injury are not covered by it.
6. Talent Content
- You provide us a non-exclusive, royalty-free, fully paid, illimitable, universal, sublicensable, permanent, and irrevocable license whenever you Video Conference, upload, submit, store, send, approve, or receive Talent Content to or through our Site. Any Talent Content you post to our site's open forums or public locations may be seen and viewed by other people. You consent to us displaying ads beside or adjacent to your Talent Content.
- Any THE ACCESS PASS Video Conference or other offering's rights may not be transferred, sold, resold, commercialized, or otherwise commercialized. Anywhere in the universe, we may use the rights granted to us by this license. The usage of your Talent Content are licenses are fully paid and royalty-free.
- Talent Content Representations and Warranties: You guarantee the following in front of the User and The Access Pass:
- Your Talent Content and Feedback (defined below) are your property, and you have the authority to grant the rights outlined in these Terms.
- You must agree to the terms and conditions outlined in the Terms and Conditions below to utilize your Talent Content and Feedback.
- You do not break any agreements you might have with any third parties by agreeing to these Terms and providing services in accordance with them.
- You shall abide by all laws, rules, and regulations in connection with any Business THE ACCESS PASS Video conference. You might be required to include an appropriate hashtag (such as #ad, #sponsored) or other disclosure to the Business The Access Pass Video Conference in accordance with the Federal Trade Commission's "Guides Concerning the Use of Endorsements and Testimonials in Advertising."
- Your Talent Content and Feedback do not violate any laws, rules, or court orders and do not infringe upon, misappropriate, or otherwise utilize without the correct license any intellectual property, privacy, publicity, moral, or other rights of any third party.
- You will not record THE ACCESS PASS Video Conference.
- You won't publish or post any THE ACCESS PASS Video Conference online.
- Unless permitted by this Privacy Policy, you will not get in touch, reply to, or otherwise interact with any User that you encounter on or via our site.
- outside of what is allowed by these Terms, you will not give out your contact information to any Users or deliver any goods or other items to Users.
- You won't aid or encourage any third party to edit, change, modify, or remove the watermark from any THE ACCESS PASS Video Conference.
- You won't seek us for permission or for help with the forbidden behaviors.
- Talent Content is not private or secret, and it cannot include any information that you do not have permission to share. Any use or disclosure of Talent Content is not subject to our control or liability. You acknowledge and agree that there is no confidential, fiduciary, employer-employee, joint-venture, agency, or other special relationship between you and us.
- Without giving you any notice, we reserve the right to delete any Talent Content from our site. For any reason, including if we think the content is inappropriate for our audience or does not adhere to our editorial standards, we have the right to refuse to accept or broadcast Talent Content.
- We are not responsible for any use of your THE ACCESS PASS Video Conference made for other people or for the Users for whom you originally intended them to be used. You can ask us to remove you’re The Access Pass Video Conference from our site if you terminate your Site account by giving us at least three business days' worth of written notice.
7. Ownership
- Our Site and the "look and feel" of our Site are completely owned by us or our licensors. Without our prior explicit written approval, you are not permitted to reproduce, copy, sell, resell, market, or exploit any part of The Access Pass Content or Marks. You accept and understand that each user-generated request or message is a Submission (as defined in the Site Terms) that belongs to the user who sent it.
- You recognize and agree that you are contributing any ideas, suggestions, proposals, plans, or other items connected to our business (individually and collectively, "Feedback") at your own risk. You hereby provide a non-exclusive, royalty-free, fully paid, unrestricted, universal, permanent, and irreversible license to The Access Pass.
- You certify that no third party has any moral, droit moral, or other rights in the Talent Content or Feedback and agree to renounce all moral rights (also known as "droit moral") that you may have in such materials.
8. Additional Terms
There can be further terms and conditions for some of the goods or services available through the website. If there are any additional terms, we will make them clear in connection with that product or service so you can read them. Unless otherwise specified in Additional Terms, all or a portion of these Terms will apply.
9. Eligibility
- Terms of Use: To use our site, you must be at least 13 years old. Your parent or legal guardian must accept these terms on your behalf if you are a minor or younger than the state's legal drinking age. Only with your parent's and legal guardian's consent are you allowed to visit the Site.
- Your participation on our site has no impact on your eligibility for membership in any other association, group, authority, or organization now or in the future. You represent and warrant that you have reviewed the NCAA rules and regulations if you are subject to them.
- Eligibility Assurances and Representations: You affirm and guarantee that:
- We or any relevant law or regulation have not prevented you from using or accessing any feature of our site.
- You shall abide by the conditions of any third-party payment provider we choose, and you are not on that payment provider's forbidden list.
- You agree not to use the Site or any The Access Pass product or service for any partisan political purpose, including to raise funds for your or another candidate's campaign for public office. To regulate such usage, you must first engage into a unique agreement with The Access pass.
- You promise to treat animals with kindness and to abide by all rules and regulations if you utilize an animal in a THE ACCESS PASS Video Conference.
- Our site has not previously banned or deleted you (or any account you established or controlled on it) for any reason; and
- You have never been found guilty of sexual offenses.
- You acknowledge that The Access Pass is subject to U.S. export control laws and regulations about the goods, services, and technology it offers. It is prohibited to export or reexport any component of our website: Any anyone on the Treasury Department's list of Specially Designated Nationals or the Department of Commerce's Denied Persons List, or I into any nation on which the United States has placed an embargo.
10. Copyright and Intellectual Property Policy
- A repeat offender will have their access to our site terminated. Please provide the following information to the Copyright Agent listed below if you suspect that your content has been duplicated in a way that violates your copyright. We react to claims of copyright infringement by directing you to one of the agents named below. This is in accordance with the Digital Millennium Copyright Act (DMCA) Notice.
- your address, telephone number, and email address.
- an explanation of the work you say has been infringement.
- a description of the content you believe is infringing and that you want deleted, together with details on where it may be found.
- a declaration that "in good faith" you "believe that use of the work in the way complained of is not permitted by the copyright owner, its agent, or the law”.
- the copyright holders (or an agent acting on their behalf) electronic or written signature; and
- a declaration from you that the information you are providing is true and that you are the copyright owner or authorized to act on the owner's behalf, made under penalty of perjury.
Copyright Agent:
Barlea’s LLC d/b/a The Access Pass
Your notification could not be accepted if you don't adhere to these conditions. Please be aware that our Copyright Agent should only receive reports of purported copyright infringement.
- If you repeatedly infringe against our intellectual property, we may, in our sole discretion, remove or bar you from our Site and take other necessary action.
11. Privacy
For more information on how we gather, utilize, and share personal information and other data, see our Privacy Policy. You accept our privacy statement by using our website.
12. Third-Party Content and Interactions
The content of any interactions you may have with third parties through THE ACCESS PASS Video Conference or other products is not the responsibility of THE ACCESS PASS. You consent to communicating with Users about issues involving our website exclusively through the website. You waive all claims, demands, and damages (actual and consequential) made against any The Access Pass Party in connection with such interactions or our Site.
13. Business Relationship with The Access Pass
- The relationship between the parties, including these Terms, is purely one of independent contractors since you and The Access Pass are partners in a direct commercial partnership. It is the intention of the parties that their relationship be always viewed and treated as one of independent contractors. We do not have the authority to direct how you complete your performance, and we will not do so either. Any User request can still be accepted, rejected, or disregarded by you.
- You affirm and warrant that, in your relationship with The Access Pass, you are solely responsible for paying or causing to be paid all applicable contributions, payments, taxes, and deductions. Social Security, retirement or other benefits, health insurance, unemployment insurance, annuities, pension, and welfare fund payments mandated by legislation, regulations, or any labor organization, as well as any withholding and income taxes.
- To carry out your duties under these Terms, you shall utilize your own equipment.
- You oversee making any disclosures related to your compliance with these terms that may be required by law, rule, court order, or any other agreement you may have.
- You have a non-exclusive connection with The Access Pass, and you are free to offer similar services to other parties, including rival businesses. To offer services akin to those you supply under these Terms, we can and do use third parties.
14. Links
Links to third-party websites and social networking sites are present on our website. We disclaim all liability and responsibility for any harm that results from your use of these sites, including any losses, expenditures, fees, or obligations. A platform or website's terms and conditions and privacy policy should always be reviewed before utilizing it.
15. Changes to our Site
By using our website, you acknowledge that we may make changes or stop offering certain services at any time and without prior notice to you.
16. Termination and Reservation of Rights
Any individual, including you, may have their access to our site terminated at any time and for any reason at our sole discretion. Your authorization to use our Site automatically ceases if you breach any of these Terms. By getting in touch with a representative of The Access Pass staff at, [email protected] you can cancel your Site account.
17. Disclaimers and Limitations on our Liability
- The Access Pass Parties disclaim all explicit, implied, statutory, and other warranties, conditions, and representations of any kind, including those relating to merchantability, suitability for a specific purpose, non-infringement, and those resulting from custom or practice in the industry. The use of our website is provided "as is" and "as available."
- By accessing or using our Site, you agree that The Access Pass Parties will not be liable for any of the following: (I) content errors, mistakes, or inaccuracies; (ii) personal injury, property damage, or other harm. There are no guarantees or assurances on the completeness or accuracy of any information on or accessible via our website, any social media platform, or a third-party website.
- By using our site, you agree to take full responsibility for any harm, loss, expense, cost, or liability resulting from or related to your use of our site. No of how it was given to you, we make no promises about the information on our site, in The Access Pass Video Conference, or in other forms of correspondence with users.
- You will encounter material from a range of sources when visiting our site. We take no responsibility for such content's correctness, usefulness, safety, legality, or respect for intellectual property rights. Any legal or equitable rights or remedies you have or may have against any The Access Pass Party are thus waived by you, with your consent.
- To the fullest extent permitted by law, you acknowledge and agree that The Access Pass Party will not be liable to you or any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data), or for the price of purchasing replacement goods. It has been made clear to you that such damages may occur.
- Under these Terms, our cumulative total liability to you or any third party, including from all causes of action and all theories of liability, is limited to and does not exceed the money that The Access Pass has received from you.
- You might not be eligible for any or all the aforementioned damages, and you might have other rights. Certain damages cannot be excluded or limited in some countries.
- You acknowledge that the restrictions on damages outlined above form a crucial part of the foundation of the agreement between you and The Access Pass.
18. Indemnification
You consent to hold The Access Pass, its parents, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners, and licensors harmless from and against all losses, damages, and expenditures (including reasonable attorney's fees and costs) of any kind or character. In relation to any claim, you shall cooperate with us in a reasonable manner.
19. Arbitration Agreement and Waiver of Certain Rights
- The right to a jury trial in any conflict, claim, counterclaim, or other dispute pertaining to these Terms or our Site is waived by both you and The Access Pass (each a "Claim"). According to the American Arbitration Association's Rules, any Claim will be subject to binding arbitration ("AAA Rules"). A single arbitrator will hear the dispute and provide a decision.
- The Access Pass shall cover as much of the arbitrator's fees and administrative expenses as the arbitrator determines is necessary to keep the arbitration's costs reasonable. The arbitrator may divide the arbitration's expenses and arbitrators' fees among the parties in whatever proportions the arbitrator thinks reasonable.
- You and The Access Pass both maintain the right to file a writ for temporary relief, such as attachments prior to arbitration or preliminary injunctions, with any court of competent jurisdiction. This arbitration agreement does not prevent you from pursuing legal action against federal, state, or municipal governments. Additionally, each of you has the right to file any admissible Claim in small claims court.
- Each of you and The Access Pass acknowledge and agree that neither may act as a class representative or private attorney general regarding any Claim. You acknowledge that no Claim may be arbitrated in a class- or representative-arbitration proceeding. Only individual Claims may be decided by the arbitrator; additional Claims may not be consolidated or joined.
- This Section will remain in effect even after your contract with The Access Pass is over. The provisions of this Section shall be regarded suitably amended to give effect to their intended purposes, or, if modification is not practicable, they will be severed, if any provision is determined to be invalid or unenforceable. Any waiver of a provision must be made in writing and signed by the party wishing to renounce it in order for it to be valid. Any other clause of these Terms shall remain unaffected by such a waiver.
- 30-Day Opt-Out Right: If you decide you no longer want to be bound by the terms of this arbitration agreement, you have 30 days to give a written notification of your decision. Your name, address, any usernames, and any email address you used to create an account on our site must all be included in your notification. If you choose to opt out, all other provisions of these Terms will still hold true for you.
- This Section places restrictions on several rights, including the ability to pursue specific legal proceedings. It's possible that arbitration would limit other rights that you or The Access Pass might have in a court of law.
20. Other Provisions
- Force Majeure: Under no circumstances will any The Access Pass Party be liable for any delay or failure in performance caused in whole or in part by any acts of God (such as earthquakes, storms, floods, etc.), epidemics, natural disasters, cybersecurity incidents, interruptions in internet or communication service, laws, rules, regulations, or orders of government authorities, terrorism, hostilities, blockades, civil disturbances, embargos, strikes, or any other event or circumstance.
- Choice of Law and Jurisdiction: Without regard to any principles or provisions governing conflicts of law, the laws of the State of Illinois shall govern these Terms and their interpretation. You acknowledge and agree that the only appropriate state or federal courts with jurisdiction over disputes arising out of or related to these Terms or our Site are those in New York, New York.
- Severability: Should any part of these Terms be determined to be illegal or unenforceable, the affected part shall be assumed to have been properly changed. This has no bearing on the enforcement of any other provisions or on your ability to use our services.
- No Waiver or Amendment: The Access Pass's prior failure to enforce any right or condition of these Terms will not preclude it from doing so in the future.
- In the event of a sale of assets, merger, acquisition, reorganization, bankruptcy, other transaction, or by operation of law, The Access Pass may, at any time, assign its rights and duties under these Terms to an associated business.
- Titles are simply provided for convenience and are not to be considered for interpreting these Terms. In these Terms, the term "including" shall have a broad meaning and shall mean "including, without restriction."
21. Changes to these Terms
These Terms of Use are subject to modification. If we do, we will change the "Last Updated" date at the top of these Terms and post the updated Terms on our website. If you accept the amended Terms, they become operative right away. They become effective 30 days after publishing if you use our site after they have been posted.
Additional Talent Terms
You accept the appropriate extra terms that apply by offering the good or service. The definitions of terms that appear in the Talent Terms or the Site Terms of Service will apply equally to these Additional Terms. The talent Terms shall govern and be incorporated into these Additional Terms.
We have the right to modify these Additional Terms at any time. If we do, we'll notify you by putting them on our website and changing the "Last Updated" time stamp. You indicate and warrant that you have read, understand, and agree to these Additional terms by using or utilizing or continuing to offer or use the relevant goods or service.
1. The Access Pass Video Conference
- By agreeing to a booking request for a The Access Pass Video Conference, you guarantee that you will be able to attend the Video Conference as planned and in compliance with the terms and regulations of this website for the duration of the Video Conference (as specified on the Site).
- The Access Pass retains the right to keep an eye on the Video Conference and to stop it or any User's involvement in it at any time. Any aspect of the Video Conference may not be filmed, photographed, screenshotted, used, published, reproduced, distributed, displayed, posted, or shared.
2. Payment
On the same conditions as the Talent Terms of Service, we pay you 75% of the Video Conference booking price collected by The Access Pass after deducting any payments made to or deductions made by the application platform. We will pay you an additional 75% if these Additional Terms are followed.
3. Acknowledgement
You acknowledge and agree that:
- Any materials, performances, participation (including any chat, comment, statement, audio, image, Video conference, element, or other communication), or other content that you provide in connection with your participation in the Video Conference (referred to as " Video Conference Content") is considered talent content and is covered by the talent terms.
- The Access Pass may record the Video Conference and keep a copy of it for its own purposes. Any sensitive information pertaining to you, or another individual will not be shared or disclosed by The Access Pass holder during a Video Conference.
- If The Access Pass supplies you with any such goods or memorabilia, The Access Pass thus offers you a non-exclusive, worldwide, sublicensable, revocable right to use, reproduce, distribute, and publicly display such goods or memorabilia. This applies to, but is not limited to, personal websites, social media platforms, text and email messages, and other types of personal storage media.
- To the extent that you provide a musical event, such as a musical performance:
- To reproduce, publicly perform, and disseminate all sound recordings and musical works, you have or will obtain all necessary rights, authorizations, and permissions. The "through-to-the-audience basis" means that the Video Conference Content is given away free of charge and without any obligation to pay royalties to any other party.
- You will inform the PRO of the royalty-free license you are providing to The Access Pass under these Additional Terms if you are a composer or author of a musical composition and are associated with a PRO. The reporting and other requirements of the PRO are your personal responsibility.
- You provide The Access Pass a perpetual, irrevocable, royalty-free, unrestricted, worldwide, transferable, and exclusive license, including an exclusive as to you. You authorize The Pass to use your name, likeness, image, voice, performance, appearance, and other personal characteristics arising from or connected with the Video Conference for any reason.
- The Access Pass will not be held accountable or responsible for any Video Conference, Video Conference Material, or participant-generated content.