Terms of Service

This Terms of Service Agreement, as may be modified from time to time, ("Agreement") constitutes legally binding terms and applies to your use of MidwestExtrasDB.com (MEDB). By accessing and/or using MEDB, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse MEDB, or otherwise use the database without being registered) or you are a "Member" (which means that you have registered with MEDB). The term "User" refers to a Visitor or a Member. You are authorized to use MEDB (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of MEDB, you must indicate your acceptance of this Agreement during the registration process. MEDB is currently administered by David J. Gewertz. In the future this position could be filled with another person affiliated with MEDB.

MEDB reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on MEDB. All material modifications will apply prospectively only. Your continued use of MEDB following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of MEDB immediately.

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use MEDB or are a Member. You may terminate your Membership at any time, for any reason.

MEDB may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, MEDB reserves the right, in its sole discretion, to deny, restrict, suspend, or terminate your access to all or any part of MEDB at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, MEDB reserves the right, in its sole discretion, to reassign or rename your profile URL. MEDB expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of MEDB and if MEDB determines, in its sole discretion, that you have violated this Agreement or pose a threat to MEDB, its employees, business partners, Users and/or the public. Even after Membership is terminated, this Agreement will remain in effect.

You acknowledge that MEDB reserves the right to charge for any portion of MEDB and to change its fees (if any) from time to time in its discretion. If MEDB terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).

MEDB has the right to refuse anyone membership to the site.

MEDB is a searchable database accessible to casting directors and production companies, not a job placement service. MEDB does not guarantee work to any of its clients.

The Administrator has the right to monitor and delete any photos/videos that are deemed to be hateful, threatening, pornographic, or that contain nudity or graphic or gratuitous violence. Following the first offense, the member will receive an email with an explanation of the violation. If the member continues to post items that are not allowed, the member will have their account removed and no refund will be issued.

The Administrator does not allow members to link from MidwestExtrasDB.com to their personal social networking sites such as MySpace, Facebook, Twitter, etc. Members may link to personal websites to which Member owns the domain name.

The Administrator has the right to do background check on both clients and members of the site. Productions may request this service at their own expense.

If under the age of 18 all Members and/or Members’ parent or legal guardian agree to secure the proper work permits for minors prior to reporting for work on set and will supply the proper documents in support of filing an I-9 as outlined in the FAQs section of this site.

MEDB has a zero tolerance policy towards sexual harassment on set. If it is reported and verified that there was an incident instigated by the Member while working on set, membership will be terminated immediately.

If Member is convicted of committing a crime such as vandalism, theft, or assault on set, membership will be terminated. No refund will be issued if Member receives a signed voucher guaranteeing payment for work performed. If membership is terminated as a result of the incident and Member is not paid by the production for work performed, a refund minus a five-dollar ($5) administrative processing fee will be issued within 30 working days.

Tardiness on the set will not be tolerated. Following a first offense, Member will be issued a warning. If there is a repeat offence, Member’s account will be deleted and no refund will be issued.

Member will not provide any false personal information on MEDB, or create an account for anyone other than Member without permission, excepting parents or legal guardians of minors.

Member will not use personal profile for Member’s commercial gain.

If under the age of 15, Member’s account must be managed by a parent or legal guardian. Members over the age of 15 but under the age of 18 may only use MWEdb with parent’s consent.

Convicted sex offenders are not eligible for membership.

Member will keep contact information accurate and up-to-date.

Member will not share password, provide access by a third party to the account, or do anything else that might jeopardize the security of Member’s account.

We make no warranties of any kind, express or implied, with respect to any products or services sold on or through MEDB.

MEDB can make changes for legal or administrative reasons upon notice without opportunity to comment.

If Member violates the letter or spirit of this agreement, or otherwise creates possible legal exposure for MEDB, Member can be denied access to all or part of MEDB. Member will be notified by email or at the next time Member attempts to access the account. Member may delete the account at any time.

You agree to indemnify and hold MEDB, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of MEDB Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with MEDB.

MEDB will make every attempt to keep MEDB up, bug-free, and safe, but you use it at your own risk. We are providing MEDB "as is" without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that MEDB will be safe or secure. MEDB is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. If you are a California resident, you waive California civil code §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." We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement or MEDB, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this statement or MEDB will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, MEDB’s liability will be limited to the fullest extent permitted by applicable law.

This Statement makes up the entire agreement between the parties regarding MEDB, and supersedes any prior agreements. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect. If MEDB fails to enforce any of this Statement, it will not be considered a waiver. Any amendment to or waiver of this Statement must be made in writing and signed by us.

You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.

All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Nothing in this Statement shall prevent us from complying with the law.

This Statement does not confer any third party beneficiary rights.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.