Terms and Conditions
Date of Last Revision: March 2018
1. Welcome to Richie Walls Entertainment!
1.1 Introduction: Richie Walls Entertainment LLC DBA Richie Walls VIP Auditioning and Acting Workshop(“workshop”,“we,” “us,” “our”) provides its services (described below) to you through its website located at richiewalls.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Workshop(as amended from time to time, the “Terms of Service”). PLEASE READ THESE TERMS OF WorkshopCAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, PARTICULARLY SECTION 10 (BINDING ARBITRATION; CLASS ACTION WAIVER), WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.
1.2 Modifications to Terms of Service: We reserve the right, at our sole discretion, to change or modify portions of these Terms of Workshop at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services’ user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Workshop after the date any such changes become effective constitutes your acceptance of the new Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Workshop from time to time.
2. Access and Use of the Service
2.1 Use Description: The Richie Walls Entertainment service, and any content viewed through our service, is solely for your personal and non-commercial use. With your Richie Walls VIP Auditioning and Acting Workshop purchase we grant you a limited, non-exclusive, non-transferable, license to access the Workshop content and view your course(s) through the Workshop of a live workshop for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the Workshop for public performances.
2.3 Modifications to Service: Workshop reserves the right to modify or discontinue, temporarily or permanently, the Workshop(or any part thereof) with or without notice. You agree that Workshop will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
2.4 Mobile Services: The Workshop includes certain services that are available via a mobile device, including (i) the ability to upload content to the Workshop via a mobile device, (ii) the ability to browse the Workshop and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Workshop through a mobile device, your wireless Workshop carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding MasterClass and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Workshop account information to ensure that your messages are not sent to the person that acquires your old number.
3. Conditions of Use
3.1 User Conduct: You are solely responsible for all video, images, information, data, text, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Workshop. MasterClass reserves the right to investigate and take appropriate legal action against anyone who, in Workshop’ sole discretion, violates this provision, including without limitation, removing the offending content from the Workshop, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Workshop to:
email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Workshop, is objectionable or which restricts or inhibits any other person from using or enjoying the Workshop, or which may expose Workshop or its users to any harm or liability of any type;
interfere with or disrupt the Workshop or servers or networks connected to the Workshop, or disobey any requirements, procedures, policies or regulations of networks connected to the Workshop;
violate any applicable local, state, national or international law, or any regulations having the force of law;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18;
harvest or collect email addresses or other contact information of other users from the Workshop by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Workshop.
3.2 Fees: To the extent the Workshop or any portion thereof is made available for any fee, you will be required to provide Workshop information regarding your credit card or other payment instrument. You represent and warrant to Workshop that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Workshop the amount that is specified in the payment in accordance with the terms of such plan and this Terms of Service. You hereby authorize Workshop to bill your payment instrument in accordance with the terms of the applicable payment per event, and you further agree to pay any charges so incurred. If you dispute any charges you must let Workshop know within sixty (60) days after the date that Workshop charges you. We reserve the right to change Workshop’ prices. Your continued use of the Workshop after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Workshop’ net income.
3.3 Commercial Use:Unless otherwise expressly authorized herein or by Workshop in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Workshop, use of the Workshop, or access to the Workshop.
4. Intellectual Property Rights
4.1 Workshop Content, and Trademarks: You acknowledge and agree that the Workshop may contain content or features (“Workshop Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Workshop, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Workshop or the WorkshopContent, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. Any use of the Workshop or the Workshop Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Workshop.
The Workshop name and logos are trademarks and Workshop marks of Workshop (collectively the “Workshop Trademarks”). Other MasterClass, product, and Workshop names and logos used and displayed via the Workshop may be trademarks or Workshop marks of their respective owners who may or may not endorse or be affiliated with or connected to MasterClass. Nothing in this Terms of Workshop or the Workshop should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Workshop Trademarks displayed on the Workshop, without our prior written permission in each instance. All goodwill generated from the use of Workshop Trademarks will inure to our exclusive benefit.
4.2 Third Party Material: Under no circumstances will Workshop be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Workshop does not pre-screen content, but that Workshop and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Workshop. Without limiting the foregoing, Workshop and its designees will have the right to remove any content that violates these Terms of Workshop or is deemed by Workshop, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
4.3 Copyright Complaints: Workshop respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Workshop of your infringement claim in accordance with the procedure set forth below.
You may also contact us by mail or at:
Richie Walls Entertainment
205 Demonbreun St. #704
Nashville, TN 37201
To be effective, the notification must be in writing and contain the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Workshop, with enough detail that we may find it on the Workshop; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
5. Indemnity and Release
You agree to release, indemnify and hold Workshop and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Workshop, any User Content, your connection to the Service, your violation of these Terms of Workshop or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
6. Disclaimer of Warranties
YOUR USE OF THE WorkshopIS AT YOUR SOLE RISK. THE Workshop IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, MASTERCLASS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Workshop MAKES NO WARRANTY THAT (I) THE Workshop WILL MEET YOUR REQUIREMENTS, (II) THE Workshop WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Workshop WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Workshop WILL MEET YOUR EXPECTATIONS.
7. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Workshop WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Workshop HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL Workshop’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID MASTERCLASS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Workshop OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
8. Binding Arbitration; Class Action Waiver
At Workshop’ or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Workshop or the Workshop that are not resolved by mutual agreement may be resolved by individual (not group) binding arbitration to be conducted before Richie Walls Entertainment (“RWE”), or its successor. Unless otherwise agreed by the parties, arbitration will be held in Nashville, Tennessee before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by RWE, and will be conducted in accordance with the rules and regulations promulgated by RWE unless specifically modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Workshop and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
Notwithstanding the provisions of the introductory section above, if MasterClass changes this ‘Arbitration’ section after the date you first accepted these Terms of Workshop(or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of MasterClass’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Workshop in accordance with the provisions of this section as of the date you first accepted these Terms of Workshop(or accepted any subsequent changes to these Terms of Service).
YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND MASTERCLASS REGARDING ANY ASPECT OF THE Workshop(INCLUDING THE ENROLLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.
You agree that Workshop, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Workshop and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Workshop believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Workshop may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Workshop under any provision of this Terms of Workshop may be effected without prior notice, and acknowledge and agree that Workshop may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Workshop will not be liable to you or any third party for any termination of your access to the Service.
10. Disputes Between Users
You agree that you are solely responsible for your interactions with any other user in connection with the Workshop will have no liability or responsibility with respect thereto. Workshop reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Workshop constitute the entire agreement between you and MasterClass and govern your use of the Service, superseding any prior agreements between you and Workshop with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Workshop will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth in Section 10 above, you and Workshop agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Nashville, Tennessee. The failure of Workshop to exercise or enforce any right or provision of these Terms of Workshop will not constitute a waiver of such right or provision. If any provision of these Terms of Workshop is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Workshop remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Workshop or these Terms of Workshop must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Workshop without the prior written consent of Workshop, but Workshop may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Workshop are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Workshop may also provide notices to you of changes to these Terms of Workshop or other matters by displaying notices or links to notices generally on the Workshop.
14. Questions? Concerns? Suggestions?
Please contact us Richie Walls, Chief Operating Officer of Whitener Entertainment Group at 310-272-3525 or firstname.lastname@example.org to report any violations of these Terms of Workshop or to pose any questions regarding this Terms of Workshop or the Service.