Terms & Conditions
Innovative Artists Talent and Literary Agency, Inc. and affiliates
(“Innovative Artists,” “We,” “Us” or “Our”)
Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
These terms and conditions (“Terms and Conditions”) outline the rules and regulations for the use of Our website (the “Site”). By accessing or using the Site, you are acknowledging that you have read, understood, acknowledged and agreed, without limitation or qualification, to these Terms and Conditions which includes our Privacy Policy, which is incorporated herein by reference.
Privacy Policy
Please review our Privacy Policy here, which also governs your visit to the Site.
Rights
Content available on the Site, including without limitation, images, videos, audio material, text, graphics, logos, data compilations and software, and the compilation thereof (collectively, the “Content”) is the property of Innovative Artists, our affiliates, partners or licensors, and is protected by United States and international copyright laws. Except for third party permitted or licensed content, the trademarks, logos, and service marks displayed on the Site (collectively, the “Trademarks”) are the registered and/or unregistered marks of Innovative Artists, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws. Except as set forth below, or as required under applicable law, neither the Content or Trademarks nor any portion of the Site may be used, republished, licensed, reproduced, duplicated, copied, sold, resold, accessed, modified, redistributed or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
License
We grant you a revocable, limited, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to, and you are not permitted to: (i) copy, frame or utilize framing techniques to enclose the Site or any portion thereof; (ii) modify or download the Site or Content (except caching or as necessary to view the Site); (iii) use the Site or Content other than for personal use; (iv) develop any derivative work based upon either the Site or Content; (v) gather information for the benefit of yourself or another party; (vi) utilize any meta tags or any other “hidden text” using our name or the Trademarks or to otherwise use the Trademarks; or (vi) utilize software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You further agree to refrain from: (a) transmitting, distributing or uploading programs or material that contain malicious code, including, but not limited to viruses, worms, Trojan horses, spyware, or any other type of potentially harmful programs or other materials or information; (b) sending or enabling the transmission of spam or junk email, duplicative or unsolicited messages, or so-called “phishing”; (c) disrupting, impairing, altering or otherwise interfering with the functions, features, Content or use of the Site; (d) violating any laws, regulations, judicial or governmental order, or treaties, or infringing upon any copyright, trademark, other intellectual property rights, rights of publicity or privacy, or any other rights of Ours or of any third party; (e) securing unauthorized access to the Site; or
(f) improperly displaying any TCP/IP packet header or part of the header information in any email or other postings. Any unauthorized use by you of the Site shall immediately terminate the limited licenses set forth herein without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
Cookies
We may employ the use of cookies. By using Our website you consent to the use of cookies in accordance with Our privacy policy.
Access and Usage
In accessing or using the Site, you shall comply with these Terms and Conditions and any additional warnings or instructions for access or use posted on the Site. You agree to act in good faith and in accordance with the law and generally accepted practices. You agree not to make any changes or alterations to the Site or any Content or services (if any) on this Site and you shall not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you breach any of these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to Innovative Artists, and its partners or licensors.
Links
Should you object or have issues with any link on our website or any linked website for any reason, you may contact us about such objections or issues. Innovative Artists will consider requests to remove links, but we will have no obligation to do so or to respond directly to you. Whilst we endeavor to ensure that the information on this website is correct, we are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links on the Site are for your convenience only and do not constitute, and should not be considered, an endorsement by us. We do not warrant the completeness or accuracy of links or linked items; nor do we commit to ensuring that the linked website remains available or that any material on the website is kept up to date. We disclaim responsibility for examining or evaluating the offerings of linked website pages, and we further disclaim any responsibility or liability for the content, products, operation, action or services of such pages and websites, including, but not limited to, those websites’ privacy policies and terms and conditions. By linking to Our Site (if permitted and actually done), you agree to be bound to and abide by these Terms and Conditions and we reserve the right at any time to request that you remove all links or any particular link to Our Site. As a term of use, you agree to immediately remove all links to Our Site upon such request.
Unsolicited Materials
Innovative Artists does not accept unsolicited requests for representation. Further, to avoid potential misunderstandings or disputes, Innovative Artists (including, without limitation, its agents and employees) does not accept or review unsolicited creative material of any kind, including, but not limited to, any ideas, concepts, pitches, literary works, stories, scripts, treatments, formats, artwork, photographs, drawings, videos, reels, audiovisual works, musical compositions, sound recordings, lyrics, program formats, characters or other similar works or suggestions of any nature whatsoever (collectively, “Unsolicited Material”). Please do not submit any such materials to or through this Site or by using any of the contact information contained herein. Please note, any Unsolicited Materials sent or otherwise transmitted in violation of this policy will not be read, forwarded to or discussed internally or with any third parties and it will be deleted unread or destroyed at Innovative Artists discretion.
Copyright and DMCA
If you believe that this Site includes text, images, or other elements that infringe upon copyrights in your work, please follow these procedures. All notices of claimed copyright infringement related to this Site should be sent only to our Designated Agent identified below. Written notices must be submitted by email or mail to the following Designated Agent:
Fawn Fuso
Innovative Artists
1505 10th St.
Santa Monica, California 90401
fawn@iala.com
To comply with Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement should include the following: (a) An electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the copyright owner of the copyrighted work(s); (b) Identification of the copyrighted work(s) that you or the copyright owner claim has been infringed; (c) Description of the material that you or the copyright owner claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists; (d) Description of where the infringing material is located on our website, including as applicable its URL; (e) Your name, address, telephone number, and e-mail address;
(f) A good-faith statement expressing your belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (g) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Limitation of Liability & Disclaimers
WE HEREBY DISCLAIM ANY RESPONSIBILITY FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE’S USE OF THE SITE, ANY CONTENT POSTED ON THE SITE OR TRANSMITTED TO OTHER USERS OR ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE SITE, WHETHER ONLINE OR OFFLINE. THE SITE IS PRESENTED “AS IS” AND “AS AVAILABLE.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE OR ITS TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY MATERIALS CONTAINED IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (F) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (G) EVENTS BEYOND OUR REASONABLE CONTROL. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity
In connection with the license permitting you to use of this Site, you agree to defend, indemnify and hold us harmless from and against any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions or the Privacy Policy. You further agree to indemnify and hold us harmless from any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Conflicts
If there is any conflict between the provisions of these Terms and Conditions and any provisions, terms or conditions of any General Services Agreement, Materials Agreement or representation agreement between you and Innovative Artists, the provisions, terms and/or conditions of such General Services Agreement, Materials Agreement and/or representation agreement, as applicable, between you and Innovative Artists shall control and govern. Moreover, to the extent there is an inconsistency between these Terms and Conditions and the Privacy Policy, the Privacy Policy shall control and govern.
Miscellaneous
Matters relating to the Site and these Terms and Conditions and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). You acknowledge, affirm and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Site, and these Terms and Conditions supersede and govern all prior proposals, agreements, or other communications in connection with the Site, except as otherwise set forth herein. Innovative Artists hereby reserves the right, in our sole discretion, to change these Terms and Conditions at any time without notice by posting the changes on the Site. Any changes to the Terms and Conditions are effective immediately. Nothing contained in these Terms and Conditions shall be construed as creating any agency, representation agreement, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole and the Terms and Conditions will only be modified to the limited extent necessary to comply with relevant laws and, to the extent possible, to comply with our original objectives and intent as reflected in the original provision.
© 2021 Innovative Artists Talent and Literary Agency, Inc. All rights reserved.