TERMS OF USE FOR CLIENTS

General Terms Regarding Your Use of the Website:

The Terms of Use set forth below explain the rules and regulations which govern the relationship between you and ImNext!!, a.k.a ImNextUSA.com (the “Company”). Please note that the term “Company” as used in this Privacy Policy refers to ImNext L.L.C., a Connecticut limited liability company and all affiliates and related entities.
By registering on any of the Company’s websites, you are acknowledging (i) that you have read and reviewed the Privacy Policy, these Terms of Use and the conditions set forth on the Registration Form, (ii) that you agree to be bound by the terms of those foregoing documents and (iii) that any violation by you of the terms or conditions of the Privacy Policy, these Terms of Use and the conditions set forth on the Registration Form may be grounds for the Company (in its sole discretion) to terminate its agreement with you and remove your profile from the Company’s websites.

It is important to note that the Company has designed a means by which talent agents, music producers, casting directors, college recruiters, coaches and sports scouts (among others, all of whom are referenced in this privacy policy as “Recruiters”) can review the information which our clients (or their parents if the parties are under the age of 18, and collectively referred to as the “Clients”) post on our websites. Therefore, by creating a profile on our websites, you are acknowledging the information you provide will be publicly disseminated. Please note that a child’s name will be provided to the Recruiter.

To protect the identity of Pre High School ImNext!! minor members, and keep them safe from predatory activities, those individuals and entities wishing to access the Pre High School search criteria must first register by providing, as set forth in the “Recruiter Registration Form”, certain identifying information and a valid email address which is required to confirm registration. All individuals and entities registering for access to ImNext!! restricted search criteria will be henceforth considered “Recruiters”, inclusively and regardless of affiliations.
Requirement that Parents Control the Profile of Their Children:

If you are the parent or guardian of a child you are registering on this site, the Company requires that you provide your contact information and not the child’s as all inquiries from Recruiters of minors should be screened by the parent/guardian. The Company neither authorizes nor permits the direct solicitation of children by Recruiters or the Company’s third-party partners.
As the parent or guardian of a child whose profile you are creating on the Company’s websites, you are acknowledging and agreeing that you have not provided the child’s email address or telephone number and that you will screen all solicitations from any Recruiters directed to your child.
Truthfulness of Data Provided/Authority to Create Profile

By registering on the Company’s websites, you are acknowledging that you have permission and legal authority to create and publish the profile which you are creating. If you are a parent or guardian creating a profile for a child, you are expressly acknowledging and agreeing, and indemnifying the Company with respect thereto, that you have full legal authority to create and publish that child’s profile and that you will be solely responsible for making any changes to the profile. Without limiting the generality of the foregoing, you acknowledge and agree that you will not share your login and password information with any third party or with any person under the age of 18.

By registering on the Company’s websites, you are agreeing that all information which is provided is true and accurate. You agree that you will not post any information or comments which are libelous, defamatory or otherwise derogatory or insulting to any third parties. You are agree that photographs or videos which are posted will comply with all applicable state and federal laws and will not depict any person in a provocative, scandalous, demeaning, sexual or prurient fashion (regardless of the age of the Client).

You agree that any materials you include in the Client’s profile are owned by you, or that you have the requisite legal authority and right to post the materials. Without limitation of the foregoing: (i) you agree that any photographs and videos you post will not be subject to claims of copyright or trademark infringement and (ii) that you have permission from the persons who are identifiable in any photographs and videos to post same.

You agree that all photographs and videos which are posted on the Company’s website may be used by the Company in its promotional and advertising materials without attribution.

You agree that, in the event the Company determines, in its sole discretion, that any of these Terms of Use have been violated, the Company reserves the right (but is not obligated to) take any, all or any combination of the following actions: (i) deletion of the offending materials, (ii) deletion of the profile which contains the offending materials, (iii) reporting the Client and offending materials to appropriate law enforcement, and (iv) commencing a civil action for damages or other equitable and legal relief.
Who Can Access Profiles Posted on the Company’s Websites?

All Recruiters can conduct searches of the information which is posted on our websites. A client’s street address and telephone number will not be accessible to any Recruiters. However, the client’s name, city of residence, school, year of birth and photograph will be accessible and searchable; other information will also be accessible and searchable to the extent it is provided by the Client. In order to become a Recruiter, an individual or entity must register and provide a valid email address to the Company; using that email address, the Recruiter is provided a link that allows for completion of the registration process. The Company’s terms of use to which each Recruiter must agree prohibits the sale of any information and Client data which the Recruiter obtains from our websites. The Company does not ascertain the accuracy of the information which a Recruiter provides. Therefore, it is critical for all Clients to confirm the credentials of any Recruiter with whom they have contact. The Company strongly advises parents to screen all Recruiter solicitations for their children and to accompany their children to any meetings, interviews or auditions.

Third-Party Partner Access & Direct Solicitations from the Company:

The Company reserves the right to send email solicitations to Clients on behalf of third-party partners. Third-party partners include, but are not limited to, individuals and businesses which offer products and services which may be of interest to Clients; these products and services, include, but are not limited to, photographers, tutoring services and voice coaches. The Company is not responsible for the conduct of any third-party partners; any claim with respect to the goods or services provided or offered to be provided by a third-party partner is solely that of the third-party partner. The Company does not guarantee any claim made by a third-party partner and does not guarantee the quality of the goods or services offered by them.
To the extent the Company shares contact information with any third-party partners, the shared information will be limited to the Client’s email address, area of interest/talent, year of birth and city and state of residence. The Company also expressly reserves the right to contact Clients by email, telephone or mail regarding goods and services offered directly by the Company and renewal of a Client’s membership with the Company.

Payment:

As is set forth on the Registration Form, the Client agrees to pay a monthly fee to the Company for inclusion of his/her profile on the Company’s website(s). The Client agrees that this amount will be deducted automatically from the Client’s credit card which is provided at the time of registration. The Company will not be required to send monthly billing statements or receipts for amounts due or payments received.

Deleted Profiles:

In the event that a Client directs that his/her profile be removed from the Company’s website, and in the event that a Client’s profile is disabled for non-payment of monthly fees or non-renewal, the Company reserves the right to retain an electronic copy of that profile in its archives. These archives will not be publicly accessible but will be available in the event of a request by law enforcement or judicial authority or in the event needed in any civil action involving the Company.

Limitations on Liability:

In the event of any claim of liability arising under these Terms of Use or the Company’s Privacy Policy, or otherwise related to the relationship between the Client and the Company, the Client agrees that (i) any civil action must be commenced within the Superior Courts of the State of Connecticut, (ii) any dispute will be governed and controlled by Connecticut law and (iii) damages shall be limited to the amount paid by the Client to the Company. The Client expressly agrees that in the event of any litigation commenced by the Client (or on behalf of the Client) the Company expressly reserves the right to seek reimbursement for its attorneys’ fees and related expenses.

The Company shall not be deemed liable for any suspension of the Company’s websites due to power outages, acts of war, acts of terrorism, natural disasters or other acts of God.
The Company is not responsible for the information which is posted on any profile or for typographical errors.
Unauthorized Profiles:

In the event that any person determines that he or she is the subject of a profile on this website, that person is directed to contact the Company.

The Company’s uses all reasonable efforts to safeguard personal, identifying information concerning Clients, and to safeguard the personal, identifying information provided by the parents and guardians of Clients (including credit card payment information). In the event the Company discovers any data breach, the Company will comply with applicable federal and state laws to identify those persons who may have been subjected to a data breach and notify them. The Company assumes no liability for illegal conduct of third-parties (including, but not limited to, Recruiters, third-party partners and other Clients). Clients (and their parents), by registering with the Company, acknowledge and agree with this limitation of the Company’s liability concerning data breaches.

No Guarantees

The Company makes no guaranty, express or implied, as to the success any client may have in posting a profile to the Company’s websites. The Company makes no guaranty, express or implied, as to the ability of a Client to meet and work with any Recruiter. The Company makes no guaranty, express or implied, that a Client will be contacted by a Recruiter or that a Client will obtain any desired result as a direct or indirect consequence of the Client’s use of the Company’s websites.

The Company makes no express or implied promise, guaranty or covenant concerning its ability to attract Recruiters, its ability to induce Recruiters to access the profiles of Clients and its ability to market the site to Recruiters and other clients.

Acknowledgement of Terms of Use:

By registering on the Company’s websites, you agree that you have read and understood, and agree to be bound by, these Terms and Conditions, the Privacy Policy (which is accessible by clicking on this link ), and the terms and conditions set forth on the registration form .