Welcome! You have reached our sign-up pages for video and film production professionals. The information you give us about yourself and your professional skills will allow us to consider you for possible future work. By providing your details, you agree to abide by the terms of the Agreement, below.

GLOBAL MEDIA DESK PROVIDER ENTRY
TERMS AND CONDITIONS

These terms and conditions of this agreement ("Agreement") govern the parties’ obligations under which The Global Media Desk / BizFilm Media LLC ("GMD") will acquire and store your Provider Entry ("Entry") for GMD internal use within its Provider Database (“Database”).

GMD reserves the right to modify, update, add, or remove any or all of the terms and conditions in this Agreement at any time.

By clicking on the "ACCEPT" button you hereby agree to be bound by the terms and conditions in this Agreement.

1. Description of the Service:

The Provider Entry Database is a free service provided by GMD to serve the needs of freelancers and small businesses worldwide, by allowing them to be referenced and considered for hire on GMD projects. Freelancers and small businesses submit their professional details online as Provider Entries. Their Entries are then reviewed by GMD in order to be considered for inclusion in the Database. GMD reserves the right to accept, refuse, delete, or edit any Entry at its sole discretion.

2. Your Representations and Warranties:

By accepting the terms of this Agreement you represent and warrant that:
      a. You are at least 18 years old;
      b. You are legally permitted to represent yourself, your company, or organization;
      c. The information you provide, including your Name, Email address, Work history, Professional Details, Professional Training, and Professional Specialties, and any other information required to be completed in your Entry is current, complete, accurate and true;
      d. The number of years of Professional Experience you have provided in your Entry is current, complete, accurate, and true;
      e. You are a working professional in the Specialty field(s) you have indicated in your Entry, and your work does not violate the rights, including the intellectual property rights, of any third parties and complies with all applicable international, federal, state and local laws and regulations;
      h. Your Entry must not contain any content, products, services or other information that, in GMD’s sole determination, is inflammatory, defamatory, offensive, or otherwise inconsistent with the spirit of GMD’s (including its parent, subsidiary and affiliate’s) services and websites.
      
3. GMD's Rights and Responsibilities:

      a. GMD reserves the right to decide whether, where, and how an Entry appears in its Database. GMD also reserves the right to change your Entry at any time. GMD is not responsible for errors in the Entry.
      b. When GMD receives your Entry, your information will be reviewed by GMD for accuracy and truthfulness. Any Reference persons or companies listed in your Entry may be telephoned or emailed in order to verify the truth and accuracy of the information you have provided. GMD reserves the right to delete multiple Entries that it considers to be "slamming" or stacking the search engine index file. GMD also reserved the right to permanently block Entries emanating from persons or email addresses it deems to be abusive.   
      c. GMD, by accepting an Entry, in no way engages itself to hire, collaborate with, subcontract to, or otherwise enter into contracts with the person or company that has submitted the Entry. Entries are submitted for informational purposes only. GMD is in no way bound or required to take any actions whatsoever in regard to a given Entry. Submitting an Entry or having one’s Entry accepted or validated is purely informational in nature, and in no way represents an employment agreement, a promise of employment, or any other kind of contract or engagement between GMD and the person or company submitting the Entry.

4. Payment:

      Entries are submitted free of charge. GMD may or may not contact you afterwards to request that you enter into a Networking Agreement which defines the terms and conditions by which you may be booked to work on GMD projects.  Such Networking Agreements may contain provisions for the payment of Commissions to GMD in exchange for bookings.

5. Term:

      The term of this Agreement will be month to month commencing on the date that you submit your Entry (the "Initial Term"). 

6. Termination:

      Either party, in its sole and absolute discretion, may terminate this Agreement with or without cause by providing the other party with at least thirty (30) days prior written notice.  Notwithstanding the foregoing, GMD may immediately terminate this Agreement and remove your Entry, if GMD, in its sole discretion concludes that you have provided false information as part of your submission, breached the terms of this Agreement, are engaged in fraudulent or illegal activities or the sale of illegal or harmful goods or services, are engaged in activities or sales that may damage the rights of GMD or others or otherwise breached the terms of this Agreement.  Any termination under this Section 6 shall take effect immediately without any opportunity to cure.

7. Indemnification:

      You agree to indemnify, defend and hold harmless GMD, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your Entry in the Database, the acceptance or rejection of your Entry, any alleged violation of this Agreement, or any alleged violation of any rights of others. GMD reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

8. DISCLAIMER OF WARRANTIES AND LIABILITIES:

      THE ENTRY AND THE DATABASE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE DATABASE OR THE ENTRY WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE. GMD AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF GMD IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE DATABASE OR THE CONTINUATION OF YOUR ENTRY IN THE GMD DATABASE. GMD'S LIABILITY TO YOU SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO GMD UNDER THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

9. Force Majeure:

      Neither party to this Agreement shall be liable to the other for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of nature or causes beyond its reasonable control.

10. Notices:

      Any notices or communications under the Agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to GMD, such notices shall be addressed to webentry@globalmediadesk.com or The Global Media Desk, BizFilm Media LLC, 6796 SE View Park Rd, Port Orchard, WA 98367, United States. If to you, such notices shall be addressed to the electronic or mailing address specified in your Entry, or such other address as either party may give the other by notice as provided in this Section.

11. General:

      This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous proposals, both oral and written, representations, writings and all other communications between the parties. The Agreement shall be governed by the laws of the state of California, United States, without regard to its conflict of law provisions. The parties further consent and submit to the jurisdiction of the Courts of the State of California, United States, and expressly agree to such forum for the bringing of any suit, action or other proceeding arising out of their obligations hereunder, and expressly waive any objection to venue in any such Courts and waive any right to a trial by jury so that trial shall be by and only to the Court. GMD’s failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.  If any provision of this Agreement 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 agree that the other provisions of the Agreement 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 Database, to the Agreement, or to your Entry must be filed within one (1) year after such claim or cause of action arose or be forever barred.  The section titles in the Agreement are for convenience only and have no legal or contractual effect. Any and all press releases and other public announcements related to the inclusion of your Entry in the Database, including the method and timing of such announcements, must be approved in advance and in writing by GMD.

[April 27, 2009]