Effective as of April 11, 2023
Last Updated: May 28, 2024

Thank you for using the Acting Karaoke platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).

The Service allows you to act, write, model, and create other content to share. Acting Karaoke provides a digital platform to connect movie makers, writers, actors, and other creators in content generation worldwide.

The entity providing the Service is Acting Karaoke LLC, a company operating under the laws of Nevada, located in Las Vegas, NV (referred to as "Acting Karaoke", "AK", "we", "us", or "our").

Your use of the Service is subject to these terms, the Acting Karaoke Business Community and Resources Guidelines and the Privacy Policy which may be updated from time to time (together, this "Agreement"). Your Agreement with us will also include the Advertising on Acting Karaoke Policies if you provide advertising or sponsorships to the Service or incorporate paid promotions in your content. Any other links or references provided in these terms are for informational use only and are not part of the Agreement.

Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.

You must be at least 13 years old to use the Service; however, children of all ages may use the Service via Acting Karaoke Kids (where available) if enabled by a parent or legal guardian.

If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.

If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

The content on the Service includes videos, audio (for example voice overs, music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other filmmkaing resources whether provided by you, Acting Karaoke or a third-party (collectively, "Content”).

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service.

You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law.

The following restrictions apply to your use of the Service. You are not allowed to:

• access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from Acting Karaoke and, if applicable, the respective rights holders;
• circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
• access the Service using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines, in accordance with Acting Karaoke’s robots.txt file; or (b) with Acting Karaoke’s prior written permission;
• collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person;
• use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
• misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, defamatory, or frivolous submissions;
• run promotions on or through the Service that do not comply with Acting Karaoke’s policies and guidelines; or
• use the Service to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed in the Advertising on Acting Karaoke Policies; or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where Acting Karaoke videos are the main draw for users visiting the webpage).

Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or Acting Karaoke unless (a) ownership of Content is expressly authorized by the Service and, if applicable, the respective Content creators; or (b) with prior written permission from Acting Karaoke and, if applicable, the respective rights holders.

Acting Karaoke is constantly changing and improving the Service. As part of this continual evolution, we may make modifications or changes (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. When the Service requires or includes downloadable software (such as the Acting Karaoke Studio application), that software may update automatically on your device once a new version or feature is available, subject to your device settings. If we make material changes that negatively impact your use of the Service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.

By using Acting Karaoke, you may be able to provide Content to the Service including uploads and audiovisual recordings. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement (including the Acting Karaoke Business Community and Resources Guidelines) or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless (a) authorized in writing by the Service ; or (b) you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.

By using Acting Karaoke, you agree not to provide any content made in whole or in part from AI-generated text, images, audio, video, or any other medium. AI-generated content is strictly prohibited. If you believe AI-generated content has been provided on the Service, please notify us by email to violations@actingkaraoke.com.

You retain ownership rights in your Content. However, we do require you to grant certain rights to Acting Karaoke and other users of the Service, as described below.

By providing Content to the Service, you grant to Acting Karaoke a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and Acting Karaoke’s (and its successors' and Affiliates') business, including for the purpose of promoting and redistributing part or all of the Service unless (a) a revised or limited licensing agreement is made in writing by the Service when you provide Content; or (b) with prior written permission from Acting Karaoke.

You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service unless defined in the terms, licensing, or other agreements specified by the Service when you provide your Content.

By booking talent and other Services on AK, the user who creates the work ("Creator") grants you commercial rights to his/her work in the form of an exclusive, non-transferable, worldwide, and, if not indicated otherwise, perpetual license to use the work booked. If a Creator includes broadcasting rights in his/her listed services, you may purchase those rights in booking the service. There is no warranty, express or implied, with the purchase of this booking, including with respect to fitness for a particular purpose. Neither the Creator nor AK will be liable for any claims, or incidental, consequential or other damages arising out of this license, the work or your use of the work booked.

The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that Acting Karaoke may retain, but not display, distribute, or perform, server copies of your Content that has been removed or deleted. Some Content may not be deleted but can be removed from further distribution on the Service (such as scripts that have been performed by other users and are not able to be removed from the user performances).

You grant to Acting Karaoke the right to monetize your Content on the Service (and such monetization may include displaying ads on or within Content or charging users a fee for access). This Agreement does not entitle you to any payments unless (a) expressly authorized by the Service ; or (b) with prior written agreement from Acting Karaoke.

You may remove your Content from the Service at any time. If your Content has not been utilized by other users in derivative or responsive works, all instances of your Content may be deleted. If your Content has been utilized by other users in derivative or responsive works, your Content will still be available by the Service in relation to the other users' Content. You must remove your Content and notify Acting Karaoke if you no longer have the rights required by these terms.

If any of your Content (1) is in breach of this Agreement or (2) may cause harm to Acting Karaoke, our users, or third parties, we reserve the right to remove or take down some or all of such Content in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for Acting Karaoke or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, Acting Karaoke or our Affiliates.

If you believe your copyright has been infringed on the Service, please send us a notice by email to violations@actingkaraoke.com.

You may stop using the Service at any time.

Acting Karaoke reserves the right to suspend or terminate your account or your access to all or part of the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we reasonably believe that there has been conduct that creates (or could create) liability or harm to any user, other third party, Acting Karaoke or our Affiliates.

We will notify you with the reason for termination or suspension by Acting Karaoke unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the Service; or (d) would cause harm to any user, other third party, Acting Karaoke or our Affiliates.

If your account is terminated or your access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe that the termination or suspension has been made in error, you can appeal by contacting Acting Karaoke.

When the Service requires or includes downloadable software (such as the Acting Karaoke Studio application), unless that software is governed by additional terms which provide a license, Acting Karaoke gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Acting Karaoke, or other third-party or Affiliate, as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Acting Karaoke, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have Acting Karaoke’s written permission.

OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND ACTING KARAOKE DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.

EXCEPT AS REQUIRED BY APPLICABLE LAW, ACTING KARAOKE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:

• ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;
• ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;
• ANY INTERRUPTION OR CESSATION OF THE SERVICE;
• ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
• ANY CONTENT WHETHER SUBMITTED BY A USER OR ACTING KARAOKE INCLUDING YOUR USE OF CONTENT; AND/OR
• THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.

ACTING KARAOKE AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT ACTING KARAOKE HAS PAID TO YOU FROM YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO ACTING KARAOKE, OF THE CLAIM; AND (B) USD $500.

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Acting Karaoke, its Affiliates, 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 Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.

The Service may contain links to third-party websites and online services that are not owned or controlled by Acting Karaoke. Acting Karaoke has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.

We may change this Agreement, for example, (1) to reflect changes to our Service or how we do business - for example, when we add new products or features or remove old ones, (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.

If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove any Content you uploaded and stop using the Service.

If your use of the Service ends, the following terms of this Agreement will continue to apply to you: "Other Legal Terms", "About This Agreement", and the licenses granted by you will continue as described under "Duration of License".

If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).

In these terms, "include" or "including" means "including but not limited to," and any examples we give are for illustrative purposes.

All claims arising out of or relating to these terms or the Service will be governed by Nevada law and will be litigated exclusively in the federal or state courts of Clark County, Nevada, USA. You and Acting Karaoke consent to personal jurisdiction in those courts.

YOU AND ACTING KARAOKE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.