Terms & Conditions

Terms of Use Effective: September 1st, 2016

These Terms of Use and Privacy Policy govern the use of our website, ineedadayplayer.com, sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by Day Player LLC, in conjunction with Scepter Marketing and PayPal. Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Use, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively “Legal Terms”, constitute the entire and only agreement between you (the User) and Day Player LLC as owner of the Website, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. By accessing or subscribing to our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully prior to using or subscribing to our Website. We may amend our Legal Terms at any time and in our sole discretion, and the latest version of our Legal Terms will be posted on our Website. After any revisions to our Legal Terms are posted, your continued use shall constitute your agreement to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms.

If you do not accept our Legal Terms, do not access and use our Website. You may unsubscribe and discontinue your membership on our Website at any time through our Website or via PayPal. Please note that we do not offer refunds on purchased memberships, except as described in the paragraph below. Unless you unsubscribe, your membership will automatically renew on an annual basis. Day Player LLC reserves the right to change the membership fee at any time without prior notice. In that event, annual renewals would need to be re-established with PayPal at the new rate to continue membership. Day Player LLC is not an employment agency and fees are paid for the purpose of accessing premium content.

As of September 1st 2016, all subscribers to the website will be automatically upgraded to a Premium membership, unless you choose to opt out by notifying Day Player, LLC within 30 days of September 1st 2016. Members who do choose to opt out will be entitled to a pro rata refund of the annual membership fee previously paid not to exceed $10.00 in total.  It is the members’ responsibility to contact PayPal to cancel annual subscription renewals.  Premium memberships purchased after September 1st 2016 are non-refundable, but members can cancel their subscriptions by contacting PayPal to avoid further annual renewals.

Your interactions with organizations and/or individuals found on or through the Website, including payment and delivery of services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Definitions:

The terms “us” or “we” or “our” refer to Day Player LLC, the owner of the Website. A “Visitor” is someone who merely browses our Website, but has not registered as a Member. A “Member” is an individual who has registered with us to use our Service either as a “Basic Member,” or “Premium Member.”

Our “Service” represents the collective functionality and features as offered through our Website to our Members. A “User” is a collective identifier that refers to either a Visitor or a Member. All text, information, graphics, audio, video, job postings, resumes, promotional material, and data offered through or on our Website are collectively known as “Content”, which may be owned by us or by others as noted.

Legal Compliance:

To be eligible to use the website you represent and warrant that you are 18 years of age or older and have full power and authority to enter into this agreement with us. You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Day Player LLC reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

To register or use the Website, you will select a password to accompany your user name. You are responsible for maintaining the confidentiality of your user name and password and for any and all activities and use of the Website by you or that occur through using said user name and password. Accordingly, you are required and hereby agree to immediately notify us of any unauthorized use of your user name or password. We suggest that you ensure that you log out from the Website immediately after concluding each visit. You may wish to avoid saving your user name and/or password on any computer used to access the Website, especially if it is outside a secure environment.

Intellectual Property: Our Website contains our service marks or trademarks, as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks or trademarks, without first obtaining permission from the corresponding service mark or trademark owner. Our Website and the Content are protected by copyright. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website or any Content. You are only granted a limited license to reproduce the Content on your computer for the purpose of accessing the Website and using the features and services accessible thereon.

Content: Day Player LLC does not control, and is not responsible for Content made available by other Users through the Service, and by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, and your reliance thereon. Under no circumstances will Day Player LLC be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Day Player LLC does not pre-screen Content, but that Day Player LLC shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service that Day Player LLC deems inappropriate.

Your License to Us: By submitting (e.g., uploading) any message, information, data, text, video, software, images, job posts, resumes, URLs, or other materials to the Website, you acknowledge that such submissions shall be considered Content and you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive, fully paid up, transferable right and license to use, reproduce, modify, adapt, publish, distribute, translate, communicate to the public, create derivative works from, perform and display such Content (in whole or part) worldwide, or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation, and to grant and authorize sublicenses thereof. In addition, you warrant that you have waived all so-called “moral rights” in the Content. Day Player LLC and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted on the Website that violates these Terms of Use or is otherwise objectionable. By providing Content to the Website, you represent and warrant that (1) you own the Content, (2) you are entitled to submit it to us and (3) the Content is accurate, truthful, not confidential, and not in violation of any contractual laws, restrictions or other third party rights. You agree that Day Player LLC shall not be responsible or liable for any misuse or misappropriation of any Content you post on our Website, publicly or privately. Links to Other Websites: Our Website or the Content may contain links to third party websites, which are completely independent of Day Player LLC. These links are provided solely as a convenience to you. Day Player LLC makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site, nor do such links constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Your access of any other websites is at your own risk. By linking to these websites, we do not create nor have an affiliation with, or sponsor such third party websites. Day Player LLC has no control over the third party websites; and you access any such third party websites subject to their respective terms of use and privacy policies and at your own risk. Service

Interruptions:

Users acknowledge and agree that from time to time the Website may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Day Player LLC or Scepter Marketing may undertake from time to time; and (iii) causes beyond the control of Day Player LLC or that are not reasonably foreseeable by Day Player LLC, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion, or other failures. At times, actions or inactions of such third parties can impair or disrupt Users’ connections to the Internet (or portions thereof). Although Day Player LLC will use reasonable efforts to take actions it deems appropriate to remedy and avoid such events, Day Player LLC cannot guarantee that such events will not occur. Accordingly, you agree that Day Player LLC and Scepter Marketing have no liability whatsoever resulting from or related to such events.

You are solely responsible for your own access to the Website, including your use of computers, mobile devices, and internet connections.

Day Player LLC reserves the right to cease operation of the Website without notice at any time for any reason. In such event, User Content may be lost and no refunds will be issued. Users acknowledge and agree that Day Player LLC and Scepter Marketing have no liability whatsoever if this should occur.

Security Rules:

You are prohibited from violating or attempting to violate the security of our Website, including, without limitation, (1) accessing data not intended for you or logging into a server or account that you are not authorized to access, (2) attempting to probe, scan or test the vulnerability of our Website or to breach security or authentication measures, (3) attempting to interfere with service to any User, host or network, including, without limitation, by means of overloading, “flooding”, “mailbombing” or “crashing”; (4) attempting to gain unauthorized access to Day Player LLC’s computer systems; or (5) engaging in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website.

Violations of Website or network security may result in civil or criminal liability. We may investigate occurrences which involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

Conduct: You agree not to post, email, or otherwise make available Content:

  1. a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, slanderous, invasive of another’s privacy, or is harmful to minors in any way;
  2. b) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  3. c) that is false, deceptive, misleading, deceitful, or constitutes “bait and switch”; or otherwise falsely states or misrepresents your identity, qualifications, job descriptions, or any other information;
  4. d) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available or publicly present;
  5. e) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “pornography,” non-entertainment industry related jobs, or unsolicited commercial advertisement;
  6. f) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Website site which are not designated for such purposes, or emailed to Users who have not indicated in writing that it is permissible to contact them about other services, products or commercial interests;
  7. g) that 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;
  8. h) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other Users’ ability to use the Service; or
  9. i) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

1) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;

2) “stalk” or otherwise harass anyone;

3) collect personal data about other Users for commercial or unlawful purposes;

4) post inappropriate or irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; and

5) use bots or other automated methods to send messages or access content;

No Spam Policy: You understand and agree that sending unsolicited email advertisements to Day Player LLC’s email addresses or through Day Player LLC’s computer systems is expressly prohibited by these Legal Terms. Any unauthorized use of Day Player LLC’s computer systems is a violation of these Legal Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

General Terms:

You agree that your use of the Website is entirely at your own risk. Day Player LLC has no control over the truth or accuracy of job listings, or the quality, safety, or legality of jobs posted on our Website. Day Player LLC has no control over the truth or accuracy of content provided by Users. You agree you are solely responsible for any postings you make, any jobs for which you apply, any content you provide, any hiring done through information posted by members, and any consequences that may follow from these acts. You agree that no guarantee of employment of any kind is provided or implied, and there is no guarantee members will apply for any given job that may be posted. You agree that Day Player LLC is not an employment agency and fees are paid for the purpose of accessing premium content only.  If you choose to communicate with other Users, you are solely responsible for those interactions. Day Player LLC reserves the right to prohibit communication between Users through our Website at any time.

Content posted on our Website by Day Players can be shared with and viewed by Employers, and vice versa. Users agree to accept all responsibility for individual communications between Day Players and Employers whether by e-mail, telephone or any other means. Jobs posted to our Website may be simultaneously posted to affiliated sites and through services such as, but not limited to, Facebook and Twitter.

If there is a dispute between participants on this site, or between Users and any third party, you understand and agree that Day Player LLC is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you hereby release Day Player LLC, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our Service.

Our Legal Terms shall be treated as though executed and performed in New Jersey, United States and shall be governed by and construed in accordance with the laws of New Jersey, United States without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of New Jersey courts located in Union County. Any cause of action by you with respect to our Website, must be instituted pursuant to the arbitration provision set forth herein within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Day Player LLC under our Legal Terms shall survive the termination of our Legal Terms.

Mediation and Arbitration: In the event of any dispute under these Legal Terms, such dispute shall be submitted to arbitration in accordance with the terms of this Section. The party who is alleging that a dispute exists shall send a notice of such dispute to the other parties, which notice shall set forth in detail the dispute and the position of such party with respect thereto. Prior to submittal to arbitration, the parties shall enter into non-binding mediation, and agree to retain the services of a mutually acceptable professional mediator to attempt to resolve the dispute. If the parties cannot agree on a mediator, either party may ask the chief judge in the United States District Court in the District of New Jersey to serve as, or appoint, the mediator. If the dispute cannot be resolved within thirty (30) days of the appointment of the mediator, then either party may elect to proceed with binding arbitration as follows. Within ten (10) business days after the delivery of such a notice, counsel for the parties shall mutually select as an arbitrator an attorney practicing in Union County, New Jersey, who is experienced in commercial arbitration. If the counsel for the parties are unable to agree upon the selection of the arbitrator, an arbitrator residing in or about Union County, New Jersey shall be selected by the New Jersey Office of the American Arbitration Association. The arbitrator so selected shall schedule a hearing in Union County, New Jersey on the disputed issues within forty-five (45) days after his/her appointment and the arbitrator shall render a decision after the hearing, in writing, as expeditiously as is possible, which shall be delivered to the parties. The arbitrator shall render a decision based on written materials supplied by the parties to the arbitration in support of their respective oral presentations at the hearing, and no party shall be entitled to discovery in such matter. The arbitrator may determine reasonable attorney’s fees. The parties shall supply a copy of any written materials to be submitted to the arbitrator at least fifteen (15) days prior to the scheduled hearing. A default judgment may be entered against a party who fails to appear at the arbitration hearing. Such decision and determination shall be final and unappealable, subject to the provisions of Section 12:105-5.5 of the New Jersey Arbitration statute, and shall be filed as a judgment of record in any jurisdiction designated by the successful party. The parties to this Agreement agree that this paragraph has been included to rapidly and inexpensively resolve any disputes between them with respect to the matters described above, and that this paragraph shall be grounds for dismissal of any court action commenced by any party with respect to a dispute arising out of such matters.

Indemnification:

You agree to defend, indemnify and hold Day Player LLC, our owners, officers, directors, employees, members, agents, and affiliates harmless from and against all claims, charges, investigations, actions or demands, liabilities and settlements, including without limitation our losses, costs, damages and reasonable legal and accounting fees (collectively, the “Indemnified Claims”), resulting from, or alleged to result from: (1) your breach of these Terms of Use; (2) any Content or other material you provide to our Website, (3) your use of our Website and/or Content; (4) any and all use of our Website through your username, including any violation of any applicable law, regulation, rule or order pertaining to such use; and (5) any activity in which you engage in or through our Website, including posting jobs, applying for/and entering into agreements between Users such as to perform jobs. We will use reasonable efforts to provide you with prompt notice of any such Indemnified Claims.

 

Privacy Policy

What information do we collect?

We collect information from you when you register on our Website, upload your personal profile or other Content, fill out forms, purchase a membership, post a job, and apply for a job. This information can include your headshot, media reel, website, company name, etc.

When registering on our Website, as appropriate, you may be asked to enter personal identification information including, but not limited to, your name, e-mail address, mailing address, billing address, phone number, credit card information, or PayPal info. Users can always decline to supply personal identification information, except it may prevent Users from registering, receiving Services on the Website or engaging in Website related activities. Google, as a third party vendor, uses cookies to serve ads on our Website. Google’s use of the DART (Dynamic Advertising Reporting & Targeting) cookie enables it to serve ads to Users based on their visit to our Website and other websites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at Google.com.

Jobs posted to our Website may be simultaneously posted to affiliated sites and through social media. These sites and services have their own terms of service agreements and privacy policies.

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways:

To personalize your experience (Your information helps us to better respond to your individual

needs);

To improve our Website (We continually strive to improve our Website offerings based on the information and feedback we receive from you);

To improve customer service (Your information helps us to more effectively respond to your customer service requests and support needs);

To process transactions;

To administer a contest, promotion, survey or other Website feature; and To send periodic emails. The email address you provide for registration and order processing may be used to send you information and updates pertaining to your membership, in addition to receiving occasional company news, updates, related or additional product or service information, etc. Please note that if at any time you would like to unsubscribe from receiving future non-personalized emails, you may use the detailed unsubscribe instructions at the bottom of each of our emails. Your use of this Website constitutes your agreement to receive emails from Day Player LLC.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.

All transactions take place on a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway provider’s database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. Your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers except as otherwise described in this Privacy Policy.

Do we use cookies?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the Sites’ or service providers’ systems to recognize your browser and capture and remember certain information. Users may set their browsers to refuse cookies. Without cookies enabled, some Service functions and parts of the Website may not function properly.

We use cookies to help us remember and process your subscription, understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about Website traffic and Website interaction so that we can offer better Website experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our Website visitors.

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. We do share information with trusted third parties such as Scepter Marketing, and PayPal, who assist us in operating our Website, conducting our business, or servicing you, with whom all information may be shared. To the extent that your personally identifiable information is part of a job listing, such information will be part of the simultaneous job listings shared with affiliated Facebook and Twitter accounts. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third party links:

Occasionally, at our discretion, we may include or offer third party products or services on our Website. Users may find advertising or other Content on our site that link to sites and services of our partners, suppliers, advertisers, sponsors, or other third parties. These third party sites have separate and independent privacy policies. Browsing and interacting with any other website, including websites we link to or those that have a link to our Website, is subject to that website’s own terms and policies. Nonetheless, we seek to protect the integrity of our Website and welcome any feedback about these sites.

Compliance with Children’s Online Privacy Protection Act:

Protecting the privacy of the very young is important. For that reason, we never knowingly collect or maintain information from those we actually know to be under the age of 13.

Transfer of Assets:

As we continue to develop our business, we may sell or purchase assets. If another entity acquires Day Player LLC or all or substantially all of our assets, personally identifiable information, non-personally identifiable information, and any other information that we have collected about the users of the Site will be transferred to such entity as one of the transferred assets. Also, if any bankruptcy or reorganization proceeding is brought by or against Day Player LLC, all such information may be considered an asset of Day Player LLC and as such may be sold or transferred to third parties.

 

Changes to Our Policies:

Day Player, LLC has the discretion to update this Privacy Policy and Terms of Use at any time. When we do, we will revise the update date that appears on these pages. We encourage Users to frequently check these pages for any changes. You acknowledge and agree that it is your responsibility to review the Terms of Use and Privacy Policy periodically and become aware of any modifications.

 

Your Consent:

By using this Website, you consent to our Website’s Terms of Use and Privacy Policy. Your continued use of the Website following the posting of any changes to our terms and policies will be deemed your acceptance of the terms, policies and any changes made to them.

 

Contacting Us:

If there are any questions regarding this Privacy Policy or User Agreement, you may contact us using the information below.

 

Day Player LLC

PO Box 1083

Mountainside, NJ 07092

United States

iNeedAdayPlayer@gmail.com

 

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