WELCOME,
AGENT
Terms of Use Amended as of May 1, 2011 Welcome to our website. PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. The following 'Terms of Use Agreement' ("Agreement") govern use of www.screentest.biz website (the "Site") which is operated and maintained by Nehst Studios, LLC ("Nehst," "we," "us" or "our"). For the purposes of this Agreement, if the user is not an individual, then "you" will include the user's company, its officers, employees, members, agents, successors and assigns. This Agreement also incorporates by reference the terms of Nehst's Privacy Policy. BY PRESSING THE "I ACCEPT" BUTTON OR ACCESSING THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT. We reserve the right, in our discretion, to change or modify this Agreement from time to time and at any time, and without actual notice to you. All such changes to this Agreement will be effective immediately upon posting by Nehst to the Site. Your use of our Site will constitute your binding acceptance of this Agreement, including any changes or modifications made by us, whether or not you have reviewed them. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, OR ANY POSTED GUIDELINES OR RULES, THEN PLEASE DO NOT USE THIS SITE. The Site is maintained for your convenient access to information about our company, products and services, as well as industry links, news and educational links in the entertainment industry. In addition, in certain instances, users with account information can order products online. If at any time the Terms OF THIS AGREEMENT are no longer acceptable to you, you should immediately cease all use of the Site. Content You acknowledge that the Site contains information, text, code and software, photographs, audio and video clips, graphics, scripts, links, interactive features and other material (collectively, the "Content") that are protected by our copyright, trademark or other proprietary rights of Nehst or third parties. Screentest.biz and “real movies. real roles. your shot, “are either registered trademarks, trademarks, tradenames, service marks, or otherwise protected property of Nehst and may not be used, copied or imitated without our prior written consent. You agree to comply with any copyright notices, information, or restrictions contained in any Content available on or accessed through the Site. Content on the Site is provided to you "AS IS". You may download or copy any Content owned by us for your own personal, noncommercial use, provided that you maintain all copyright and other notices contained on such Content. If you have any question as to whether we own certain Content contained on our Site, do not download or copy it without first contacting us (e.g., Content that appears to have been uploaded by a third party should not be copied or downloaded by you). You may not copy, use, download, modify, publish, transmit, transfer or sell, license, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, without the prior written consent of the owner thereof, except as expressly permitted in this Agreement or under applicable law. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright. The Site may contain links to websites that are unrelated to us and are owned and operated by third parties (the "third-party sites"). These links are provided solely as a convenience to you and do not constitute an endorsement by Nehst or imply that Nehst sponsors, is affiliated or associated with or otherwise recommends, certifies or endorses the third-party sites. We are not responsible for the contents of, or any products or services offered on, any third-party sites. Visitor Conduct/Disputes Statements, messages, text, files, images, photos, videos, or other materials ("Materials") posted by visitors to the Site, whether on profiles, message boards, blogs or in other formats, are the sole responsibility of the visitor who posted such Materials and reflect the opinions of the visitor who has posted them and not of Nehst. Although we discourage the use of any Site functionality, including profiles, message boards and blogs, for anything other than lawful and constructive discourse, we cannot effectively monitor all Materials posted by visitors on our Site and, therefore, make no representation and warranty with respect to the veracity, reliability or completeness of any such Materials. Accordingly, your reliance on any such Materials shall be at your own risk. Without limiting anything set out above, Nehst assumes no responsibility for monitoring the Site for inappropriate Materials or conduct. If, at any time, we choose, in our sole discretion, to monitor the Site, we nonetheless assume no responsibility for the Materials, no obligation to modify or remove any inappropriate Materials and no responsibility for the conduct of the visitor submitting any such Materials; however, Nehst does reserve the right to remove any Materials that it determines, in its sole discretion, violates this Agreement or is otherwise unacceptable or inappropriate. The visitor shall remain responsible for any and all Materials he or she posts. As a general rule, as set out in our Site's Privacy Policy, no personally identifiable information is automatically collected from users of our Site. If Nehst does decide to change its policies, it will post such changes in accordance with this Agreement and/or its Privacy Policy. Please keep in mind, however, that whenever you voluntarily disclose personal information online - for example, on message boards, through e-mail, or in blogs - that information can be collected and used by others. In short, if you post personal information online that is accessible to other members, we cannot control the other members' use of that information. Each visitor to the Site is solely responsible for his or her interactions with other visitors. Nehst reserves the right, but has no obligation, to monitor disputes between visitors. Nehst specifically prohibits, and by your use of the Site, you expressly agree not to engage in, the following conduct: the deletion or alteration of any Materials posted on our Site by Nehst or a third party; the taking of any action that imposes an unreasonable or disproportionately large load on our Site infrastructure; using the Site directory information to post or transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, telephone calls or other solicitations; and printing or otherwise copying or using any personally identifiable information about Site visitors or members for purposes other than contacting such visitors or members for industry-related inquiries. Copyright/Intellectual Property Policy Nehst respects the intellectual property of others, and we ask our users to do the same. Nehst may, in appropriate circumstances and at its discretion, disable and/or terminate accounts of users who may be infringing the intellectual property rights of others; however, Nehst has no responsibility for content on other websites that you may find or access when using Nehst's products or services. Material available on or through other websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those web sites, and not the terms and conditions of this Agreement, govern your use of that material. It is Nehst's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Nehst and/or others. Notice for Claims of Intellectual Property Violations and Agent for Notice If you believe in good faith that any Materials on our Site infringe on your copyright, you (or your agent) may send us a notice requesting that we remove or block access to the infringing material that includes the following information: 1.an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; 2.identification of the copyrighted work or other intellectual property that you claim has been infringed upon; 3.a description of where the material that you claim is infringing is located on the Screentest.biz Site, with sufficient detail that we may find it on the web site; 4.your address, telephone number, and email address; 5.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; 6.information, if possible, sufficient to permit Nehst to notify the owner/administrator of the allegedly infringing webpage or other content; and 7.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. If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millenium Copyright Act (the "DMCA") permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see www.loc.gov/copyright. Notices and counter-notices should be sent to our Copyright Agent: By mail: Nehst Studios, LLC 545 8th Avenue New York, New York 10018 Attn: Alfred Nardelli By phone: 877-286-7610 By fax: 212-504-2722 Attn: Alfred Nardelli By email: info@screentest.biz Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. Permissions If you are seeking permission to use Nehst trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features, please contact the administrative department, not the copyright agent. Registration Obligations You need not register in order to use our Site; however, in order to access some features of the Site, you will have to register and create an account to obtain a Username and Password. You may never use another's account without permission. You may obtain a Username and Password by completing (or, if under the 13 years of age, having a parent or guardian complete) the form located on our Site. Submission of the form will signify your agreement that (a) all information provided in the form is complete, correct and accurate; (b) you will honor all charges incurred by you on your account; and (c) you will keep your Username and Password confidential and notify us within 24 hours of any unauthorized use of your account, or other breach of security. Once you have registered, you are responsible for the maintaining the security of your Username and Password and for updating your registration information as necessary. All Username and/or Password changes will be confirmed by a confirmation e-mail or via U.S. mail, at the user's request. We have the right to rely on any information you provide to us and shall have no liability for any such reliance. You are solely responsible for any and all use of your account. Without limiting the foregoing, we reserve the right to terminate your account without prior notice if your account information contains any untruthful or inaccurate information. Our collection and use of all information submitted in connection with registration is subject to the terms of our Privacy Policy at screentest.biz If applicable, Nehst will establish specific rules and terms for participation in each contest, sweepstake and/or special event and will post this information on our Site. We will not knowingly collect personal information from visitors under thirteen (13) years of age for activities on our Site without the consent of that individual’s parent or guardian. Upon discovery of the participation of a person under thirteen (13) years of age in such activities, his or her registration or participation will be canceled immediately and all personal information will be deleted from our files. Security From time to time, we will use techniques designed to identify fraudulent activities, including, without limitation, credit card fraud. You agree to cooperate with such efforts as we may, in our sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other breach of this Agreement, we may, in our sole discretion, declare you to be in breach of this Agreement, suspend or terminate your use of the Site, and/or seek prosecution to the fullest extent of the law. Termination We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability. We may change, suspend, discontinue or disable all or any aspect of our Site at any time, including the availability of any feature, database, or Content, without prior notice or liability. Disclaimer You agree that your use and browsing of our Site is at your own risk. If you are dissatisfied with the Site or any Content, or with any of the terms and conditions of this Agreement, your sole and exclusive remedy is to discontinue accessing and using the Site. NEHST DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES NEHST WARRANT THAT ANY DEFECTS IN THE SITE OR INACCURACIES IN THE CONTENT WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, THE SITE AND ALL OF THE CONTENT ARE PROVIDED TO YOU "AS IS". NEITHER WE, NOR OUR AFFILIATES, SUBSIDIARIES AND/OR RELATED ENTITIES, THIRD PARTY CONTENT PROVIDERS AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT OR, IF APPLICABLE, ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE ARE ASSUMED SOLELY BY YOU. Where applicable law does not allow for the exclusions of implied warranties, the forgoing exclusions may not apply. ALTHOUGH THE INFORMATION PROVIDED TO VISITORS ON THIS SITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, NEHST CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO VISITORS OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. NEITHER NEHST, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS, OPERATIONAL OR PROMOTIONAL PROVIDERS, PROGRAM PRODUCERS OR SPONSORS ARE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR FOR ANY LOSS OR DAMAGE THAT A VISITOR INCURS IN THE EVENT OF (I) ANY FAILURE OR INTERRUPTION OF THIS SITE; (II) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THIS SITE OR THE DATA CONTAINED HEREIN AVAILABLE TO VISITORS; (III) ANY OTHER CAUSE RELATING TO A VISITOR'S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THIS SITE OR MATERIALS ON THIS SITE; (IV) ANY VISITOR'S INTERACTION OR SUBMISSIONS ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, RESUMÉ OR EMPLOYMENT SUBMISSIONS OR DIALOGUE BETWEEN HOSTS; OR (V) FROM ANY VISITOR'S FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF NEHST OR OF ANY VENDOR PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL NEHST, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY VISITOR FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF NEHST, ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. PLEASE BE ADVISED THAT ONCE YOU LEAVE OUR WEBSITE, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE TERMS OF USAGE AGREEMENTS AND PRIVACY POLICIES, IF ANY, OF THE PARTICULAR SITE THAT YOU ARE ACCESSING, INCLUDING THOSE OF OUR OPERATIONAL PROVIDERS, ADVERTISERS, SPONSORS, AND PROMOTIONAL PARTNERS. NEHST, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OR PRIVACY PRACTICES OF THE OTHER SITES, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING OUR WEBSITE. You specifically acknowledge and agree that Nehst and its officers, directors, employees, agents, contractors, successors and assigns are not liable for any defamatory, offensive or illegal conduct of any user. In addition, while Nehst intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Site, we do not warrant, guarantee or make any representations that the Site, or any Content available for downloading on the Site, will be free of viruses or destructive materials and we shall not be liable for any viruses or other destructive materials that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or the server that makes it available, or your downloading of any Content from the Site. We will not be responsible for delays or failures in performing any obligations under the terms of this Agreement, whether or not due to any cause beyond our reasonable control. NEHST's LIABILITY Nehst acts as a venue for casting directors to post roles on the Site for greenlit, funded projects and actors to submit profiles and does not screen or censor the projects, films or roles offered. Nehst is not involved in the actual transaction between casting directors and members. As a result, Nehst has no control over the quality, safety or legality of the roles posted or profiles submitted, the truth or accuracy of the projects, films or roles, the ability of casting directors to offer such opportunities to members or the ability of members to fill roles or any profiles or Materials and makes no representations about any projects, films, roles, profiles or Materials on Screentest.biz. Nehst provides a venue for individuals to network for professional purposes and Nehst does not screen or censor the profiles or Materials on Screentest.biz. As a result, Nehst has no control over the accuracy, reliability, completeness, or timeliness of the profiles or Materials submitted on Screentest.biz and makes no representations about any profile or Materials on the Site. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers or people acting under false pretenses. Because user authentication on the Internet is difficult, Nehst cannot and does not confirm that each member is who they claim to be. You assume all risks associated with dealing with the casting directors with whom you come in contact. We expect that you will use caution and common sense when using Screentest.biz. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any profile or Materials contained therein submitted by you on the Site. Casting Directors are solely responsible for their postings on the Site. Nehst is not to be considered to be an employer with respect to your use of the Site and Nehst shall not be responsible for any employment decisions, for whatever reason made, made by any casting director or entity posting projects, films or roles on Screentest.biz. Nehst cannot guarantee and does not promise any specific results from use of Screentest.biz. No advice or information, whether oral or written, obtained by a member from Nehst or through or from Screentest.biz shall create any warranty not expressly stated herein. Indemnity You agree to defend, indemnify, and hold harmless Nehst, its subsidiaries, affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any Materials you submit, post, transmit or otherwise make available through the Site, (ii) your use of the Site, or (iii) your breach of the terms of this Agreement. Restrictions On Use of Material Except as expressly permitted, you agree not to use the Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content of the Site. Only if you obtain prior written consent from us -- and from all other entities with an interest in the relevant intellectual property -- may you publish, display or commercially exploit any material from the Site. To seek our permission, you may write to us at the address provided below. If permission is granted by Nehst and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. You must abide by all additional copyright notices and other restrictions contained on the Site. Unsolicited Materials Although comments and questions are welcome, in operating this site, Nehst does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through its Site or Nehst mail and e-mail addresses, or in any other way. Any information or material submitted or sent to us, will be deemed not to be confidential or secret. By submitting or sending information or other material to us, you represent and warrant that the information is original to you and that no other party has any rights to the material. Accordingly, any unsolicited material will become and remain the property of Nehst. User's Grant Of Limited License By communicating with Nehst, including submitting or sending Materials or other information or material to the Site, you grant Nehst the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, transfer, sell, distribute, transmit, perform and display such Materials (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Materials, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material or other communication to Nehst. You also warrant that any "moral rights" in posted Materials have been waived. For the avoidance of doubt, you irrevocably grant to us the royalty-free, unrestricted, world-wide, perpetual, non-exclusive and fully sub-licensable right to exploit your image, photo, likeness, voice, performance, in whole or in part, and any other Materials you post on the Site or submit to us in connection with any and all publicity and advertising for and promotion of the Site and Nehst, and in connection with Nehst’s exercise of any other rights granted hereunder as Nehst determines in its sole discretion. You hereby release Nehst from and against any and all claims, damages or liabilities arising from or relating to the use of such Materials, image, photo, likeness, voice and performance as set forth in this Agreement. Limitation of Liability TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEHST, OUR AFFILIATES, SUBSIDIARIES AND/OR RELATED ENTITIES, AND ANY THIRD PARTY CONTENT PROVIDERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE THIS SITE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGE IS CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER WE, OUR AFFILIATES, SUBSIDIARIES AND/OR RELATED ENTITIES, ANY THIRD PARTY CONTENT PROVIDER, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF THE SITE OR THE SERVICES TRANSMITTING THE SITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. "TECHNICAL DISRUPTION" INCLUDES DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE SITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE SITE. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE SITE AND AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE SITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU. Governing Law The terms of this Agreement shall be construed in accordance with the internal laws of the State of New York without regard to its conflict of laws, and you and we irrevocably consent, in connection with any action to enforce this Agreement, to the jurisdiction of the federal and state courts located in New York, New York. Privacy Nehst Studios, LLC ("Nehst," "we," "us" or "our") respects the privacy of visitors to our website. This privacy policy (the "Policy") covers the site at www.screentest.biz ("Site"). The purpose of this Policy is to inform our users ("you") about the types of information we gather about you when you visit our Site, how we may use that information, what choices you have regarding our use of your information and how you may access some of the information you provide to us. Nehst reserves the right to change this Policy at any time by posting a new privacy policy at this location. Therefore, you are responsible for periodically checking the Policy for changes. For the avoidance of doubt, any video, image, or other content submitted by you and posted on the Site in accordance with the Agreement becomes published content and is not considered personally identifiable information subject to this Policy. Information Collection and Use Personal Information Nehst will not collect any personally identifiable information about you – such as your name, address, telephone number or e-mail address – unless you provide it to us voluntarily and approve its use. At various locations on our Site, such as in registration forms, online stores, message boards, blogs and surveys, we may request that you supply us with personally identifiable information (e.g., name, e-mail address, mailing and shipping addresses, home or work telephone number, birth date, gender and/or credit card information). If you do not want your personally identifiable information collected, please do not submit it to us. When you do provide us with personally identifiable information, we may use that information to better understand your needs and how we can improve our products and services. We may also use that information to contact you, for example, to answer a question or respond to a comment you have submitted. In addition, we may use your personal information to keep you up to date on the latest product and event announcements, news, special offers, to notify the winners of our contests and sweepstakes and for communicating other information we think you would like to hear about. In order to submit yourself for a role listed on our Site, you must create a profile. Your profile consists of your credits and special skills. You will also be able to upload your headshot and video. Only the casting directors and their assistants, as well as the Site administrators, will be able to view your profile – no other actors or Site visitors will have access to your profile. For the avoidance of doubt, although your complete profile will not be available to the public, the foregoing shall not be construed as a limitation of Nehst’s right to use or exploit one or more elements from your profile on the Site in accordance with the Agreement. You will automatically hear from the casting director when you submit your profile for a role that your profile has been received. The casting director will contact you again once he or she has had a chance to review your profile and decide whether or not they would like to meet with you, though we do not control the casting directors or their responsiveness as is more fully explained in the "Nehst's Liability" sections of the Terms of Use. However, we will not provide your information to third parties without your consent, except as required by law as explained in the "Information Sharing" and "Certain Third Party Transactions" sections below. If we ever send you information by e-mail concerning new products or services that you did not expressly request, we will provide you with the opportunity to opt-out of receiving future notices. Nehst does not knowingly collect or maintain personal information from children under the age of 13 or send them requests for personal information. If you are under the age of 13, you should not furnish us with any identifiable information about yourself without the written verifiable consent of your parent or guardian. If Nehst learns that personally identifiable information of persons under 13 years of age has been collected on the Site without verified parental consent, then Nehst will take the appropriate steps to delete this information. Non-Personal Information In some cases, when you visit our Site, we may also collect information that is non-personally identifiable information or information that, by itself, cannot be used to identify or contact you. Examples of this type of information include the type of Internet browser or computer operating system you use, demographic information (your age, gender, income, education, profession, zip code, etc.), the date and time you visited our Site, the pages you accessed, the name of the website from which you linked to our Site and other anonymous data involving your use of our Site. We use this information to analyze trends and gather broad demographic information for aggregate use. This information is not linked to any personally identifiable information. Online Store We may use the information that you provide to communicate with you about products purchased through out online store, to provide customer support in connection with those products, and to send you information about products and services which we believe may be of interest to you. We do not share your financial information with any third party without your consent, except to a court or governmental agency if permitted by law, as authorized by a court of competent jurisdiction or to the limited extent described below under "Certain Third Party Transactions". If you make a purchase through our online store, we may use the information you provide to send you important announcements and updates regarding our Site, online products, services, events and any other information that we think may be of interest to you. You may also receive periodic mailings regarding new products and services. However, you may opt-out from receiving future mailings by contacting us at info@screentest.biz or Nehst Studios, LLC 545 8th Avenue, Suite 401 New York. New York 10018 Attn: Alfred Nardelli Cookies Nehst may use "cookies" – pieces of data stored on your computer tied to information about you. This information will be in the form of a cookie or similar file and will help us enhance your web experience by saving time on the Site. Cookies do not contain or store any personal information but may be tied to the personal information you knowingly choose to provide to us. Cookies can store non-personally identifiable information, such as what websites, pages, or advertisements your browser has accessed. Nehst uses both persistent and session cookies. Session cookies exist only for as long as your browser remains open. When the session ends, the browser is closed and the cookies go away. We use session cookies to maintain certain information that we need so that you may, for example, shop on our Site. In this case, your browser retains the session ID cookie for your shopping bag. Without this session ID cookie, you can't add merchandise to your bag and carry it to Checkout. Persistent cookies, in contrast, last from visit to visit. Persistent cookies are saved on a visitor's computer by the browser and do not go away when you exist your browser. This allows us to give you a more personalized experience and helps you navigate our Site more efficiently. However, you can use our Site without accepting persistent cookies. Nehst uses both types of cookies to enable us to collect aggregate information on the usage patterns of our Site, such as what areas of the Site are visited most often, so we can tailor our site to user preferences. This means that when you log into the Site using your user name and password, information about what you visit on the Site, while you are logged in, will be linked to the personal information that you provide to us. If you choose to visit the site without logging in, then information about what you visit on the Site is only collected on an anonymous, aggregate basis, and is not tied to your personal information. You have control over cookies. Most Internet browsers can be set to refuse to accept cookies, although this may affect your Internet experience. You can also erase cookies that are already on your computer, block all cookies or receive a warning before a cookie is stored. Please refer to your browser instructions or "help" screen to learn more about these functions. E-mail Communications If you send us an e-mail with questions or comments, we may use the personal information you provide to respond to your questions or comments, and we may save your questions or comments for future reference. There may be times when you will have the opportunity to subscribe to an e-mail list or electronic newsletter that will send information about our Site. However, we will provide you with the option to change your preferences and opt-out of receiving those communications. You may request at any time that we not e-mail you in the future by clicking the "unsubscribe" link which is included at the bottom of any e-mail that you receive from us and hitting send, or by contracting us at info@screentest.biz When contacting us by email, please insert "PRIVACY" in the subject line and one of the following in the body of the message: (1) Please do not send me email, (2) Keep my email address private, or (3) Don't send email/Keep my email address private. If you unsubscribe, you should assume that your request has been received and is being processed. Please allow ten (10) business days from when the request was received to complete the removal of your email address from our database as some of our promotions may have been in process before submitting such request we will make reasonable efforts to discontinue these e-mail communications as soon as practicable. In addition, you may contact us at info@screentest.biz to request that we not disclose your personal information to unrelated third parties for marketing purposes. Please include your name, address and state "NO THIRD PARTY SHARING" in your request. Certain Third Party Transactions Nehst may disclose personal information to third parties we engage to assist us in providing you certain services. For example, we may hire a shipping company to help us deliver our products or services to you. We may also use a third party to process online transactions and credit card payments, provide products, advertising, marketing or promotional services/assistance, provide e-mail services, or facilitate our online services. In these instances, we may need to share your personal information. We require these companies to use your personal information only to provide that particular product or service and do not authorize them to use your personal information for any other reason. In addition, if some or all of the assets of Nehst are sold to a third party, such third party will be entitled to use the information disclosed by users of our Site. Both the personal and non-personal information that we or other third parties have collected will likely be transferred as part of the transaction. If we sell our business, we will attempt to ensure that requests made of us regarding e-mail communications will be honored. Information Sharing Though we make every effort to preserve user privacy, we may need to disclose information as required by law wherein we have a good-faith belief that such action is necessary to protect its rights and/or to comply with a current judicial proceeding, court order or other legal process. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Nehst reserves the right to use or disclose non-personal information in any way we see fit. Security Our Site has security measures in place to protect against the loss, misuse and alteration of the information under our control. Nehst safeguards the security of the data you send us with physical, electronic, and other procedures. However, as it is not possible to guarantee the security or integrity of information you disclose online, we urge you to take every precaution to protect your personal data when you are on the Internet. Change your passwords often, use a combination of letters and numbers, and use a secure browser. All personal data you submit to us through the Site is encrypted with secure server software (SSL) that encodes the information before your Web browser software sends it to us. The SSL software decodes the data only after it reaches Nehst's server, meaning that your data will be encrypted were hackers to intercept it while in transit. Once the data reaches our server, your private account and customer information is located on a secure service behind a firewall. It is not directly connected to the Internet. COPPA COMPLIANCE Nehst complies with the Children’s Online Privacy Protection Act of 1998 (“COPPA"). COPPA protects the personal information of children under the age of 13. This applies to individually identifiable information about a child that is collected online, such as full name, home address, email address, telephone number or any other information that would allow someone to identify or contact the child. COPPA also covers other types of information—for example, hobbies, interests and information collected through cookies or other types of tracking mechanisms—when they are tied to individually identifiable information. It is important for you to understand this law; we encourage you to read more about COPPA. Note to Parents: Nehst is committed to providing a safe, secure, and fun online experience for children who visit our Site. We are dedicated to safeguarding any personal information collected online and ensuring that COPPA rules are being followed in conjunction with a visitor’s registration, the creation of profiles and submission for roles, and all other activities conducted on our Site, helping parents and children have a positive experience on the Internet. Consistent with COPPA, we do not knowingly request or accept personally identifiable information from children under the age of 13 without prior verifiable consent. In addition, we will not condition a child's participation in an activity on the child providing more information than is reasonably necessary for the activity. A printable consent form is built into the registration/profile creation process to help us secure parental consent and can also be obtained here. [screentest.biz/consent] Parents will always have access to all personal information we have about their children. If your child has registered using a false age, please notify us and we will immediately close the account and nullify all personally identifiable information collected from them. Parents can revoke their consent and ask that information about their children be deleted from the Site by contacting us at info@screentest.biz Information collected about a parent or guardian, whether from children or parents, for the purpose of obtaining verifiable parental consent or providing notice, is not maintained in retrievable form by the Site if consent is not obtained after a reasonable time, and, even if parental consent is obtained, it is not used for any other purpose. Links to Non-Nehst Sites Our Site contains links to other sites. Please be aware that Nehst is not responsible for the privacy practices of other sites. We encourage you to be aware when you leave our Site and to read the privacy statements of every website that collects personally identifiable information. This Policy applies solely to information collected by our Site. How to Contact Us If you have any questions or suggestions regarding our Policy, or if you have submitted personally identifiable information through the Site and would like access to such information or to have that information corrected, please contact our webmaster: Postal address: Nehst Studios, LLC 545 8th Avenue, Suite 401 New York, New York 10018 Attn: Alfred Nardelli Main switchboard: 877-286-7610 E-mail: info@screentest.biz Entire Agreement / Severability The terms of this Agreement constitute the entire agreement relating to the subject matter herein and shall not be modified except in a signed writing. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
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