Subscription Agreement

 

Services Terms and Conditions

Last Update: June 2, 2026

 

These Services Terms and Conditions (the “Services TOS”), together with the Website Terms of Use (the “Website TOS”) incorporated herein by reference, govern your access and use of the Services (defined below). In the event of a conflict between the Website TOS and the Services TOS, the Services TOS shall control with respect to your access and use of the Services. The Services TOS and the Website TOS are together referred to in these Services TOS as the "Terms". Capitalized terms used and not defined in the Terms have the meaning set forth in the Terms. We provide the Services to you subject to your acceptance of the Terms. Any new features or tools which may be added to the Services from time to time are also subject to the Terms.

 

PLEASE READ THE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. YOU MUST ACCEPT THE TERMS IN ORDER TO USE THE SERVICES. BY USING THE SERVICES, OR BY EXECUTING AN ORDER FORM INCORPORATING THIS AGREEMENT BY REFERENCE, YOU AGREE TO THE TERMS. IF YOU DO NOT AGREE TO THE TERMS, YOU SHOULD NOT USE THE SERVICES. 

 

IF YOU ARE ENTERING INTO THE TERMS ON BEHALF OF (AND FOR USE ON BEHALF OF) A COMPANY, GOVERNMENTAL ENTITY OR OTHER ENTITY (AN "ENTITY"), YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THE TERMS. THE TERM "YOU" REFERENCED HEREIN REFERS TO: (1) THE ENTITY, ITS OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES OR (2) YOU, AS AN INDIVIDUAL, IN THE CASE OF A NON-LEGAL ENTITY.

 

THE "EFFECTIVE DATE" FOR THESE TERMS IS THE FIRST DAY YOU USE OR OTHERWISE ACCESS THE SERVICES, OR THE EFFECTIVE DATE SET FORTH IN YOUR ORDER FORM.

 

We reserve the right, in our sole discretion, to update, modify, change or replace any portion of the Terms at any time. We will notify you of such changes via email or via a prominent posting on the Site. Any such modification will be effective and binding at the start of your next subscription period. Any changes to the Terms apply to all access to and use of the Services thereafter, and your continued use of the Services during any renewal term constitutes your acceptance of the revised Terms. 

 

PRIVACY

Your use of the Services, and the use of any information collected by us through your use of the Services is subject to the ProdPro Inc Privacy Statement located here ("Privacy Statement"). The Privacy Statement is part of the Terms and is incorporated herein by this reference.

 

SERVICES

“Services” means: (i) the products and services subscribed to by you under an Order Form and made available online by ProdPro, including ProdPro’s proprietary subscription based service and associated ProdPro offline or mobile components, as described in the documentation; (ii) your account, and (iii) any Subscription Content (defined below) that ProdPro makes available to you via the Services. Any new features or tools which may be added to the Services from time to time are also subject to these Terms, however, You shall only receive the features or tools included in Your subscription as described in the Order Form.

 

“Subscription Content” includes content, data, information, materials, images, text, graphics, illustrations, logos, photographs, audio, artwork, and videos that may be provided by ProdPro as part of the Services, including, without limitation, information related to TV and film productions, including associated producers, crew, production companies, and other relevant production details, information, and content, but expressly excluding Subscriber Contributions and Your Confidential Data (each as defined below). However, Subscription Content may be created by combining or aggregating Subscriber Contributions. 

 

Subject to your compliance with the Terms, and in consideration for the payment of applicable fees as outlined in your Order Form, during the term of your subscription only, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services specified in your Order Form solely for your internal business purposes only. This license is restricted to use by you and your authorized users and may not be used by or for the benefit of any third party. Your access to certain features, modules, or levels of service may vary depending on the details set forth in your Order Form, which will specify the exact Services, rates, payment terms, and subscription period applicable to your account. You are responsible for procuring and maintaining the network connections that connect you to the Services.

 

The Services include access to various types of content, tools, and data as specified in your Order Form. Specifically, the Services may provide you with access to:

• Subscription Content
• "Subscriber Contributions" means both your Subscriber Contributions and Third Party Subscriber Contributions.
  • “Your Subscriber Contributions”: means any content or data that is uploaded, created, shared, or transmitted through the Services by you or your Users. This may include, but is not limited to, feedback, corrections, profiles, posts, and other communications shared within the platform.
  • “Third Party Subscriber Contributions”: means any that is uploaded, created, shared, or transmitted through the Services. This may include, but is not limited to, feedback, corrections, profiles, posts, and other communications shared within the platform.
• “Your Confidential Data”: means private notes, crew lists, hiring grids, customer leads, contacts, sales opportunities, and any other information that is uploaded into the modules of the Service that are designated by ProdPro for use with Your Confidential Data.  ProdPro is not responsible or liable for the confidentiality of Your Confidential Data if you upload it as a Subscriber Contribution or in a manner that allows such content or data to be accessible to other ProdPro users. 

This license is granted for your use only and may not be transferred, shared, or used by any other person or third party.

 

You are authorized to use the Services and access the Subscription Content, Subscriber Contributions, and Your Confidential Data only during the subscription period specified in your Order Form. Other than as expressly set forth in the Terms or your Order Form, no licenses or rights are granted to you by implication or otherwise. 

 

Subscriber Contributions

The Services allow you to upload, create, share, and transmit Your Subscriber Contributions. 

You are solely responsible for the accuracy, quality, legality, and means by which you acquired Your Subscriber Contributions. This includes ensuring that Your Subscriber Contributions are kept up to date. You will not disclose as Your Subscriber Contributions any information that you do not have authorization to disclose (such as confidential information of others, including your employer). You represent that all Your Subscriber Contributions shall be in compliance with these Terms and the ProdPro Community Guidelines, which are incorporated into these Terms by reference.

 

You acknowledge that ProdPro has no obligation to prescreen, monitor, review, or edit any Subscriber Contributions. Notwithstanding the foregoing, ProdPro and its designees shall have the right (but not the obligation) to remove any Subscriber Contributions that violates this Terms or is otherwise objectionable.

 

You represent and warrant that: (i) you either own fully and outright or otherwise possesses and have obtained all rights, approvals, licenses, consents, clearances, and permissions as are necessary to provide Your Subscriber Contributions and to permit Your Subscriber Contributions to be used in accordance with these Terms; and (ii) you have complied with all applicable laws and regulations, including those related to data privacy, export control, and transfer of data to and from the United States.  

 

You acknowledge and agree that Your Subscriber Contributions will be considered non-confidential and non-proprietary. You understand that all Your Subscriber Contributions may be provided to or made accessible to other users of the Services, and other individuals may be able to view, interact with and share Subscriber Contributions via the Services. ProdPro is not responsible for any third party use of any Subscriber Contributions. 

 

As between you and ProdPro, you retain ownership of Your Subscriber Contributions, but by submitting your Subscriber Content via the Services, you hereby grant ProdPro a worldwide, perpetual, unconditional, irrevocable, non-exclusive, sub-licensable, royalty-free, fully paid up, fully transferable, right and license to use, host, edit, copy, modify, perform (publicly or otherwise), adapt, reproduce, sublicense, communicate, archive, display, make derivative works of, publish and/or transmit, and/or distribute and otherwise fully exploit your Subscriber Contributions in whole or in part, and to provide Your Subscriber Contributions to our other users.  This right and license includes, without limitation, the right and license to authorize users of the Services to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit Your Subscriber Contributions in any format, manner, or medium, and on any platform, either now known or hereinafter invented as ProdPro sees fit in its sole discretion, and includes without limitation use for the purpose of operating, promoting, and improving the Services. Without limiting the foregoing, Your Subscriber Contributions may be used for the purpose of adding to or updating the Subscription Content and ProdPro’s database, including feedback, corrections, individual profiles, vendor profiles, posts, or other communications shared within the Services  You acknowledge and agree that no compensation of any kind will be paid to you or any third party for use of Your Subscriber Contributions as described in this paragraph. By posting Your Subscriber Contributions, you waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with Your Subscriber Contributions, or any portion thereof. 

 

If Your Subscriber Contributions contains personal data, we will use it in accordance with the ProdPro Privacy Statement.

 

By posting Your Subscriber Contributions to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to Your Subscriber Contributions. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with Your Subscriber Contributions, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any Your Subscriber Contributions you post or otherwise submit to the Services.

 

All Subscriber Contributions must be in compliance with these Terms, including, without limitation, the Restrictions on Use set forth below and the Community Guidelines. 

 

If you wish to report Subscriber Contributions that does not comply with these Terms, please contact us here. We have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any Subscriber Contributions (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any of Your Subscriber Contributions that you submit to the Services on your personal device in the event that you wish to ensure that you have permanent access to copies of such Subscriber Contributions. Do not use the Services for backup or storage purposes. 

 

ProdPro has a right to disclose your identity to any third party who is claiming that any content posted by you to our Services constitutes a violation of their intellectual property rights or of their right to privacy. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit Your Subscriber Contributions does not place us in a position that is any different from the position held by members of the general public, including with regard to Your Subscriber Contributions.

 

PRODPRO ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR ANY SUBSCRIBER CONTRIBUTIONS (OR YOUR ACCESS TO OR USE OF SUCH SUBSCRIBER CONTRIBUTIONS), WHETHER SUBMITTED BY YOU OR ANY THIRD PARTY. WE DO NOT GUARANTEE THE ACCURACY, INTEGRITY, APPROPRIATENESS OR QUALITY OF ANY SUBSCRIBER CONTRIBUTIONS. SUBSCRIBER CONTRIBUTIONS HAS NOT BEEN VERIFIED OR APPROVED BY US, AND WE HAVE NO OBLIGATION TO PRE-SCREEN, MONITOR, REVIEW, OR EDIT ANY SUBSCRIBER CONTRIBUTIONS. YOU ACKNOWLEDGE THAT SUBSCRIBER CONTRIBUTIONS IS THE SOLE RESPONSIBILITY AND LIABILITY OF THE PERSON WHO POSTED THE APPLICABLE SUBSCRIBER CONTRIBUTIONS. WE ARE NOT RESPONSIBLE FOR, AND WE DO NOT ENDORSE, THE OPINIONS, ADVICE, SUGGESTIONS OR RECOMMENDATIONS POSTED IN ANY SUBSCRIBER CONTRIBUTIONS. YOU ACKNOWLEDGE AND AGREE THAT WHEN YOU VIEW SUBSCRIBER CONTRIBUTIONS PROVIDED BY OTHERS ON THE SERVICES, YOU ARE DOING SO AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IN ANY WAY FOR ANY SUBSCRIBER CONTRIBUTIONS. 

 

You will indemnify, defend hold harmless, and release ProdPro from and against any and all costs, liabilities, losses, and expenses (including reasonable attorneys’ fees), claims, suits, actions, or proceedings relating to Your Subscriber Contributions and/or ProdPro’s use of Your Subscriber Contributions in accordance with these Terms. 

 

YOUR CONFIDENTIAL DATA

You must ensure that you are submitting Your Confidential Data only through our Studio, Opportunities, Applications, or other designated modules that are clearly designated as private to your organization or account. Provided that you submit Your Confidential Data through the appropriate module, ProdPro agrees:

• Confidentiality: ProdPro will maintain the confidentiality of Your Confidential Data and will not disclose Your Confidential Data to any third party (other than its service providers, subcontractors and consultants as necessary to provide the Services to you or to perform obligations under these Terms) except as required by law or as explicitly authorized by you in writing. In the event that disclosure is required by law, ProdPro will, where legally permissible, provide you with prompt notice to allow you to seek a protective order or other appropriate remedy.
• Use: ProdPro will use Your Confidential Data solely for the purpose of providing, supporting, and improving the Services provided to you and for no other purpose, unless otherwise agreed to in writing by you.
• Security: ProdPro will implement and maintain reasonable administrative, physical, and technical safeguards designed to protect Your Confidential Data from unauthorized access, use, or disclosure in accordance with industry standards.

As between You and ProdPro, You retain ownership of all Your Confidential Data. Nothing in these Terms shall be construed as granting ProdPro any rights, title, or interest in or to Your Confidential Data, except for the limited rights necessary to access and use Your Confidential Data to provide the Services to you as contemplated by these Terms. You hereby grant to ProdPro a worldwide, non-exclusive, royalty-free right and license to collect, access, use, process and transmit Your Confidential Data in order for ProdPro (and its subcontractors, consultants, and service providers) to provide the Services to you and to perform and fulfill ProdPro’s rights and obligations under the Terms.

 

ProdPro is not responsible for any errors, inaccuracies, or omissions in Your Confidential Data provided by you. You acknowledge that ProdPro is not a backup service and is not obligated to retain, maintain, or provide any Your Confidential Data beyond the extent required by law.

 

DATA INTEGRITY AND ACCURACY

The nature of the TV and film industry, where project details such as schedules, locations, personnel, and other key data frequently change, may impact the accuracy and timeliness of the information and content provided through the Services. 

 

All Subscription Content, including information aggregated by ProdPro from Subscriber Contributions, third-party sources, publicly available information, and other industry contributors may be subject to frequent changes. While ProdPro strives to keep Subscription Content updated, no guarantee is made regarding the accuracy, completeness, or timeliness of Subscription Content. All Subscription Content is provided for informational purposes only and may be revised without notice.

 

Due to the rapidly evolving nature of the industry, all Subscription Content and Third Party Subscriber Contributions should be independently verified before making business or operational decisions. ProdPro assumes no responsibility or liability for any decisions made based on Subscription Content, Third Party Subscriber Contributions, or any other data or information provided through the Services. ProdPro disclaims any liability for inaccuracies, errors, or omissions in the Subscription Content, Third Party Subscriber Contributions, or any other data or information available through the Services. Your reliance on the same is solely at your own risk.

 

FEES

Fees for the Services are typically outlined in an Order Form that will be separately agreed to between you and ProdPro. The Order Form will specify applicable rates, payment terms, subscription duration, renewal period, and any other relevant terms. By entering into the Order Form, you agree to pay all fees as outlined and in accordance with the payment schedule specified.

 

Unless the Order Form expressly states otherwise, each subscription entered into under an Order Form will automatically renew for successive periods equal to the then-current subscription period at ProdPro's then-current rates. To cancel and prevent such renewal, you must provide ProdPro with written notice of non-renewal at least fourteen (14) days prior to the end of the then-current subscription period. If such notice is not received in time, the subscription will renew and you will remain responsible for all fees applicable to the renewal period.

 

If no Order Form is in place and you are subscribing to the ProdPro Network service, your subscription will automatically renew on a monthly or annual basis, depending on your selected subscription settings. In such cases, you authorize us (without further notice, unless required by applicable law) to collect the applicable subscription fees, including any taxes, using the payment method we have on file. Your subscription will continue to renew until canceled (i) by you, in accordance with the cancellation terms in your account settings; (ii) by us, where we will provide you with thirty (30) days advanced notice of any such cancellation.

 

All prices are listed in U.S. dollars unless otherwise specified in the Order Form or your account settings. Payment is required via the designated payment method (e.g., credit card, check, or electronic transfer), and you represent that you have all necessary legal authorization to use the chosen method. A late fee of 1.5% per month will be applied to overdue invoices. If payment is not received within 30 days of the due date, in addition to the 1.5% monthly late fee, ProdPro reserves the right to suspend access to the Services until the outstanding balance is paid in full. Continued non-payment may result in termination of your subscription and the initiation of collection procedures, including legal action if necessary.

 

If we are unable to process your payment, we reserve the right to charge any other payment method we have on file for you. If no payment method can be successfully charged, we may suspend or terminate your subscription in accordance with these Terms.

 

Pricing is subject to change, and you will be notified of any changes before the start of your next subscription period.

 

Credit card payment processing services are provided by Stripe, Inc. ("Stripe") and are subject to the Stripe Terms of Service https://stripe.com/legal and the Stripe Privacy Policy located here https://stripe.com/privacy  (collectively, the "Stripe Services Terms"). By using the Services, you agree to be bound by the Stripe Services Terms, as the same may be modified by Stripe from time to time. As a condition to our enabling credit card payment processing services through Stripe, you agree to provide us accurate and complete information about you, and you authorize us to share any such information with Stripe, as well as transaction information related to your use of the payment processing services provided by Stripe. In all cases, standard credit card or other third party processing fees apply in addition to the Services Fees. We are not responsible for the performance of any third party credit card processing or third party payment services.

 

RESTRICTIONS ON USE

You shall not (and shall not permit others to): (a) copy the look-and-feel or functionality of the Services; (b) remove any proprietary notices, marks, labels, or logos from the Services; (c) change, alter, modify, decompile, disassemble, translate, reverse engineer, create derivative works, transfer, mirror or frame, sell, resell, rent, lease, distribute, perform, publish, sublicense, transfer or otherwise exploit the Services or any portion thereof; (d) you may not attempt to derive the source code or the inner workings of the Services or use the Services in order to create a competitive product or service; (e) you may not archive, download reproduce, duplicate, bootleg, or otherwise make any copies of the Services. This license does not allow you to distribute or make the Services available over a network where it could be used by multiple devices at the same time. You may not publicly perform the Services. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Services.

 

 You shall not (and shall not permit others to): (a) copy the look-and-feel or functionality of the Subscription Content; (b) remove any proprietary notices, marks, labels, or logos from the Subscription Content or Third Party Subscriber Contributions; (c) change, alter, modify, decompile, disassemble, translate, reverse engineer, create derivative works, transfer, mirror or frame, sell, resell, rent, lease, sublease, loan, translate, merge, adapt, vary, distribute, perform, publish, sublicense, transfer or otherwise exploit the Subscription Content or Third Party Subscriber Contributions; (d) use the Subscription Content or Third Party Subscriber Contributions in order to create a competitive product or service; (e) you may not archive, download reproduce, duplicate, bootleg, or otherwise make any copies of the Subscription Content or Third Party Subscriber Contributions. Without our express written consent in each instance, you may not incorporate the Subscription Content or Third Party Subscriber Contributions in any other program or product. 

 

You may not use the Services for any illegal, unlawful or unauthorized purpose, or to solicit others to perform or participate in any unlawful acts. In using the Services, you warrant that you will comply with all applicable international, federal, state or local laws, rules, regulations or ordinances, including, without limitation, privacy laws, intellectual property las, anti-spam laws, export control laws, tax laws and regulatory requirements. You must not upload or transmit any worms, viruses, bots, Trojans, back doors, or any malicious or destructive code of any kind to the Services, or any code that will affect the functionality or accessibility of the Services. You will not use the Services to (a) submit false or misleading information (such as using a false e-mail address, pretending to be someone other than yourself, or using another person’s account); (b) collect or track the personal information of others or use any data mining, screen scraping, scripts, or similar data gathering or extraction tool method to scrape the Services or otherwise copy Subscriber Contributions or Subscription Content; (c) use any robot, spider, scraper or other automated means to access the Services; or (d) to interfere with or circumvent the security features of the Services. Except as expressly permitted by this Terms, you will not copy, use, disclose or distribute any Subscriber Contributions or Subscription Content obtained from the Services without the consent of ProdPro.  You may not submit or transmit to the Services any Subscriber Contributions or Subscriber Content that are (a) is discriminatory, including discrimination based on race, sex, gender, gender identity, religion, nationality, disability, sexual orientation or age; (b) may create a conflict of interest or undermine the purposes of the Services; (c) includes any private information, personal information, or confidential information of any third party or person; (d) are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable; (e) constitutes, encourages or provide instructions for criminal or unlawful acts; or (f) intended to defame, abuse, impersonate, intimidate, harass, harm, or bully any person, or contains a threat of any kind. 

 

You agree not to include any data or information You receive, obtain or derive from the Services, including, without limitation, Subscriber Contributions or Subscription Content, in any datasets used for the improvement, tuning, or training of any AI Technology (as defined below in this paragraph). Furthermore, You may not allow any third-party AI Technology provider to train, tune, or improve its AI Technology using datasets containing any data or information You receive, obtain or derive from the Services, including, without limitation, Subscriber Contributions or Subscription Content. “AI Technology” means any and all machine learning, deep learning, and other artificial intelligence (“AI”) technologies, including statistical learning algorithms, models (including large language models), neural networks, and other AI tools or methodologies, all software implementations of any of the foregoing, and related hardware or equipment capable of generating various types of content (including text, images, video, audio, or computer code) based on user-supplied prompts. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OTHER USERS OF THE SERVICES. WE RESERVE THE RIGHT, BUT SHALL HAVE NO OBLIGATION, TO MONITOR OR BECOME INVOLVED IN DISPUTES BETWEEN YOU AND OTHER USERS AND TAKE SUCH ACTION AS WE DEEM NECESSARY. You will indemnify, defend hold harmless, and release ProdPro from and against any and all costs, liabilities, losses, and expenses (including reasonable attorneys’ fees), claims, suits, actions, or proceedings relating to your violation of these Restrictions On Use or the Community Guidelines.

 

A breach or violation of any Terms may result in an immediate termination or suspension of your ability to access the Services.

 

INTELLECTUAL PROPERTY

Our Services (including Subscription Content) are protected by various intellectual property laws which may include patent, copyright, trade secret, trademark, and trade names protection. You agree to respect all copyright and other legal notices, information, and restrictions contained in the Services.

 

You acknowledge and agree that the Services are proprietary to ProdPro and its licensors and that ProdPro and/or its licensors retain exclusive ownership of the Services (including, without limitation, the Subscription Content), including all modifications, enhancements, derivatives, and other software, documentation and materials relating to the Services (including any and all patents, copyrights, trade secret rights, trademarks, trade names and other proprietary rights embodied therein or associated therewith), and all copies thereof.

 

If you choose to voluntarily send us your ideas, suggestions, or enhancement requests with respect to how we may improve the Services (“Feedback”), you agree that we may, at any time, without restriction fully exploit in any medium any Feedback that you provide to us. Feedback is not confidential. We are and shall be under no obligation (1) to pay compensation for any Feedback; or (2) to respond to any Feedback.

 

Third Party Subscriber Content may be protected by various intellectual property laws and other restrictions. You do not receive any rights from ProdPro to any Third Party Subscriber Content. 

 

Violation of intellectual property rights may result in immediate termination of access to Services, legal action, or both.

 

LIMITATION OF LIABILITY

WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES, WHETHER IN CONTRACT, TORT, STATUTORY DUTY OR OTHERWISE (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES), THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) YOUR ACCESS AND USE OF THE SERVICES OR THAT OF THIRD PARTIES; (B) SUBSCRIPTION CONTENT OR ANY THIRD PARTY SUBSCRIBER CONTENT MADE AVAILABLE TO YOU VIA THE SERVICES, (C) YOUR SUBSCRIBER CONTRIBUTIONS; (D) YOUR INABILITY TO USE THE SERVICES; (E) USE OF YOUR SUBSCRIBER CONTRIBUTIONS BY THIRD PARTIES; (F) ANY THIRD PARTY CLAIM OF INTELLECTUAL PROPERTY INFRINGEMENT IN RELATION TO ANY SUBSCRIBER CONTRIBUTIONS; (G) LOSS OF, OR DAMAGE TO, ANY OF YOUR SUBSCRIBER CONTENT; OR (I) ACCURACY OF INFORMATION OR RESULTS; WHETHER OR NOT SUCH LOSSES ARE FORESEEABLE AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OR, OR SHOULD HAVE KNOWN ABOUT, THE POSSIBILITY OF SUCH DAMAGES.

 

IN NO CASE SHALL PRODPRO, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST CONTRIBUTIONS, LOSS OF GOODWILL, LOST SAVINGS, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, ARISING FROM THESE TERMS, YOUR USE OF ANY OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY OF THE SERVICES OR SUBSCRIPTION CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR DATA MADE AVAILABLE VIA THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF PRODPRO TO YOU FOR ANY AND ALL CLAIMS AND DAMAGES UNDER THESE TERMS, WHETHER ARISING BY STATUTE, CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED THE SERVICES FEES PAID BY YOU TO US UNDER THE APPLICABLE ORDER FORM FOR THE SERVICES WHICH FORM THE SUBJECT OF THE CLAIM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

 

THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

DISCLAIMER

The Services include a database of entertainment industry information and other content regarding the entertainment industry compiled by ProdPro. In providing the Services, ProdPro may aggregate certain third party licensed information and/or publicly available information. While ProdPro uses commercially reasonable efforts to provide accurate information, ProdPro gives no warranty as to the accuracy of any Subscription Content, Subscriber Contributions, or other information available via the Services. If you choose to use or rely on such information when making an employment or business decision or for any other purpose, you do so entirely at your own risk.

 

ALL SUBSCRIPTION CONTENT AND SERVICES BY PRODPRO TO YOU ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, AND PRODPRO HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITATION, PRODPRO DOES NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (A) AVAILABILITY OF THE SERVICES AT ANY PARTICULAR TIME; (B) ACCURACY OR CURRENCY OF ANY CONTENT (INCLUDING SUBSCRIPTION CONTENT AND SUBSCRIBER CONTRIBUTIONS) PROVIDED VIA THE SERVICES; (C) TRANSMISSIONS TO, FROM OR WITHIN THE SERVICES; OR (D) THAT THE SERVICES WILL BE ERROR FREE OR WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.

 

PUBLICITY

We may include Your name and logo in a list of Our customers, online or in promotional, sales or advertising materials. We may also verbally reference You as a customer of Our Services.

 

MODIFICATIONS TO THE SERVICES

We may make modifications to the Services or particular components of the Services from time to time provided that such modifications do not materially degrade any functionality or features of the Services during your then-current subscription period.

 

NOTICES AND MESSAGES

Any message, notice, approval, request, authorization, direction or other communication under the Terms by ProdPro shall be provided to you in either of the following ways: (1) via email using the email address linked to your Account, or (2) within the Service.  You agree to keep your contact information in your Account up to date.  You understand that if your contact information is not up to date you could miss important messages or notices.

 

Any notice, approval, request, authorization, direction or other communication under the Terms by You shall be given using the “Contact Us” information below.  From time to time, we may provide you alternative means of communicating with us via the Services.

 

TERMINATION, SUSPENSION

This Agreement will begin on the Effective Date as set forth above and will continue until otherwise terminated under this section, or until Your subscription ends. We reserve the right to change the rates, applicable charges and usage policies for all Services (or any part thereof) and to introduce new charges, in each case to be effective at the start of the next renewal date.

 

Either party may terminate this Agreement (i) immediately in the event of a material breach of this Agreement by the other party that is not cured within thirty (30) days of written notice from the other party, or (ii) immediately if the other party ceases doing business or is the subject of a voluntary or involuntary bankruptcy, insolvency or similar proceeding, that is not dismissed within sixty (60) days of filing. All rights and obligations of the parties which by their nature are reasonably intended to survive such termination or expiration will survive termination or expiration of this Agreement.  

 

We may suspend or terminate your use of the Services and/or Subscription Content immediately and without liability to you if you violate these Terms, or if your continued use of the Services or Subscription Content would cause a risk of harm or loss to us, our other users, or any third party. We may delete all Your Subscriber Contributions immediately upon termination of your account. 

 

You remain liable for your payment obligations made by you prior to any termination or suspension, including without limitation, the remainder of subscription period registered to your account. Upon any termination or expiration of these Terms, We shall no longer provide the applicable Services, Subscription Content and Your Subscriber Contributions to You and You and Your users shall cease using the Services and Subscription Content. 

 

Except as expressly provided herein, termination of these Terms by either party will be a nonexclusive remedy for Us and will be without prejudice to any other right or remedy of Us.  Provisions which by their nature should survive termination of these Terms shall survive any such termination.

 

ASSIGNMENT

Neither the rights nor the obligations arising under this Terms are assignable or transferable by you or ProdPro without the other party’s prior written consent, which shall not be unreasonably withheld or delayed, and any such attempted assignment or transfer shall be void and without effect. Notwithstanding the foregoing, either party may freely assign this Terms in its entirety (including all Order Forms), upon notice and without the consent of the other party, to its successor in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, provided that all fees owed and due have been paid (in the case of an assignment by ProdPro) and the assignee agrees to be bound by all the terms of this Terms. ProdPro may use independent contractors or subcontractors to assist in the delivery of Services; provided, however, that ProPro shall remain liable for the actions or omissions of such independent contractors or subcontractors and for the payment of their compensation.

 

INDEPENDENT CONTRACTORS

You and ProdPro are independent contractors, and nothing in these Terms shall be construed as making them partners or creating the relationships of employer and employee, or principal and agent between them, for any purpose whatsoever. Neither party shall make any contracts, warranties or representations or assume or create any obligations, express or implied, in the other party’s name or on its behalf.

 

FORCE MAJEURE

Nonperformance of ProdPro shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of ProdPro.

 

MISCELLANEOUS

Customer and ProdPro are independent contractors, and nothing in the Terms shall be construed as making them partners or creating the relationships of employer and employee, or principal and agent between them, for any purpose whatsoever. Nonperformance of ProdPro shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of ProdPro. Performance of any obligation required by a party hereunder may be waived only by a written waiver signed by an authorized representative of the other party, which waiver shall be effective only with respect to the specific obligation described therein.  The failure of either party to exercise any of its rights under the Terms will not be deemed a waiver or forfeiture of such rights.  The invalidity or unenforceability of one or more provisions of the Terms will not affect the validity or enforceability of any of the other provisions hereof, and the Terms will be construed in all respects as if such invalid or unenforceable provision(s) were omitted. The Terms contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous proposals, understandings, representations, warranties, covenants, and any other communications (whether written or oral) between the parties relating thereto and is binding upon the parties and their permitted successors and assigns. The headings and captions used in the Terms are used for convenience only and are not to be considered in construing or interpreting the Terms.

 

MOBILE DEVICES/CARRIER CHARGES

Certain portions of the Services may be configured for mobile devices, mobile websites, and/or mobile applications (collectively, “Mobile Media”). These Terms shall apply with equal force and measure to your access and use of the Services through Mobile Media. If you visit, access, or use the Services through Mobile Media, then you hereby acknowledge and agree that information about your use of the Services through a mobile device and/or a mobile device carrier (such as, by way of example only, the identity of the mobile device, and/or the mobile device carrier) may be communicated to ProdPro; and that you accept full responsibility for all mobile device and carrier fees, rates, and charges that may apply, if any. The data fees, rates, and charges of your mobile device carrier may apply to your visit, access, and/or use of the Services. ProdPro is not responsible for, and you further accept full responsibility for, all mobile device and carrier fees, rates, and charges that may apply, if any.

 

APPLE APP STORE

The following addresses certain matters with respect to Apple Inc. (“Apple”) and/or the so-called “Usage Rules” set forth in Apple’s App Store Terms of Service (located at http://www.apple.com/legal/internet-services/itunes/us/terms.html) as of the effective date hereof (“Apple’s Usage Rules”):  The Parties hereby acknowledge that:

• these Terms is between the Parties only, and not with Apple;
• Apple is not responsible for the Services, or the content thereof;
• Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services;
• Apple has no warranty obligations, whether express or implied;
• Apple is not responsible for addressing any claims you or any third party have or may have relating to any of the Services or your possession and/or use of any of the Services, including, without limitation, (i) product liability claims, (ii) any claim that such Services fail to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer production or similar legislation, and (iv) intellectual property infringement claims;
• these Terms’ usage rules for the Services are not intended to be less restrictive than Apple’s Usage Rules;
• Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms; and
• Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.

If you download, access, or use any of the Services from or through Apple’s App Store, then the limited license granted to you hereunder with respect to such Services is hereby amended to add the following restriction: you may not use such Services on any device other than the Apple-brand device (e.g., iPhone, iPod Touch, iPad) that you own or control, or in any manner that is contrary to Apple’s Usage Rules. 

 

CONTACT US

Questions about the Terms should be sent to: contact@prodpro.com