Terms & Conditions - Singers and Performers

Acceptance of Terms

Through the process of using, downloading, accessing, purchasing, and/or installing any content or resources from SingersAndPerformers.com and Community.SingersAndPerformers.com, operated by It’s Been A Pleasure, (collectively, “Company”), it is understood that whether or not you become a paid customer or client (and shall be referred to as “user, you, your, and yourself”), you agree to be held to the terms as listed on this Terms & Conditions page as authored and amended by Company.

Simply browsing this site comes with the stipulation that you accept these terms. From time to time, these Terms & Conditions may be changed, and it is understood that you continually acknowledge your compliance with the then-current version. Company reserves the right to change anything within these Terms & Conditions at any time. Major changes will be articulated in email correspondence to subscribers and/or customers when appropriate.

It is important to continually check this page (https://singersandperformers.com/terms-conditions/) to be fully abreast of any changes that occur to these Terms & Conditions and how they will affect you.

Privacy Policy

Company respects your privacy and allows you to control your treatment of it and your personal information.

To be fully informed, please read the Privacy Policy. It is also linked in the footer of this website for your convenience. The Cookie Policy is located within that policy.

Governing Law

Any disputes concerning your usage of Company will be settled using arbitration, from an arbitrator sourced from the American Arbitration Association, to the extent permitted by applicable law. The only exception to this is if there is a valid claim that may properly be brought in small claims court or another claim that cannot legally be required to proceed through arbitration.

Company is a taxpaying company and business of New Jersey, United States of America, and all business is subject to the laws of the aforementioned state and country. If there are still disputes occurring post-arbitration, you will be explicitly subjected to the exclusive jurisdiction of the New Jersey state and federal courts to the extent permitted by law. References to conflict of law will not be mentioned, but you will still be subjected to these courts if necessary.

Age of Use

SingersAndPerformers.com is intended primarily for adults and emerging professional performers. While younger performers may find educational information on this site useful, you must be at least 18 years old to purchase coaching services, enter into a coaching agreement, or otherwise enter into a legally binding agreement with Company unless a parent or legal guardian is participating in and legally responsible for the transaction.

Because of the Children’s Privacy Provision, no users under the age of 13 are permitted on this site. They will be terminated if discovered.

If you are between the ages of 13 and 17, you may browse publicly available content where permitted, but you may not purchase services or submit personal information for the purpose of entering into a contractual relationship with Company without appropriate parental or legal guardian involvement.

Educational Content

SingersAndPerformers.com provides educational information, resources, commentary, and guidance related to singing, acting, musical theatre, opera, auditions, audition preparation, repertoire, performance technique, career development, and related performing arts topics.

All content is provided for educational and informational purposes only. It is not a guarantee of employment, casting, admission to a program, representation by an agent or manager, or any other particular professional outcome.

Performing arts careers are inherently competitive, and individual results will vary. Company does not guarantee that following any recommendation, strategy, exercise, audition technique, repertoire suggestion, or other information published on this website will result in being cast, booking a role, receiving an audition, obtaining representation, increasing income, or achieving any other particular result.

You are responsible for determining whether any recommendation is appropriate for your individual circumstances and for making your own professional decisions.

Audition and Performance Information

Information provided on this website regarding auditions, casting, repertoire, roles, vocal types, performance practices, musical theatre, opera, and the performing arts is based on Company’s professional experience, research, and judgment.

Casting practices, audition requirements, repertoire expectations, production practices, and industry standards can vary substantially between companies, productions, casting teams, directors, music directors, and geographic markets.

Information on this website should therefore not be treated as an absolute rule or guarantee of what a particular casting team will want.

You are responsible for verifying current audition requirements, submission instructions, deadlines, repertoire requirements, and other information directly with the organization conducting the audition or offering the opportunity.

Coaching Services

Company may offer individual coaching, audition strategy services, educational programs, digital products, workshops, courses, or other services through SingersAndPerformers.com.

Participation in any coaching or educational service does not guarantee a specific result, including being cast, booking a role, receiving more auditions, obtaining representation, earning a specific amount of money, or advancing your performing career in any particular manner.

Coaching is educational and advisory in nature. You remain responsible for your own decisions, preparation, auditions, performances, professional relationships, and career choices.

Any specific terms concerning a coaching engagement, including the scope of services, scheduling, fees, payment arrangements, cancellation policies, or other conditions, may also be governed by a separate agreement between you and Company. If a separate written agreement conflicts with these Terms & Conditions, the separate agreement will control with respect to that specific engagement.

Payments, Purchases, and Digital Products

Certain resources, programs, coaching services, courses, or other products available through SingersAndPerformers.com may require payment.

You agree to provide accurate and complete billing and payment information when making a purchase. You authorize Company and its authorized payment processors to charge the payment method provided for the applicable purchase.

Prices, offers, payment plans, and availability may be changed at any time. Changes will not affect purchases that have already been completed except where otherwise stated.

Unless a separate refund or cancellation policy applies to a particular purchase or service, all purchases are subject to the terms presented to you at the time of purchase.

Digital products, downloadable resources, courses, and other electronically delivered materials are licensed to you for your personal use and may not be resold, redistributed, copied, reproduced, publicly displayed, or otherwise commercially exploited without written permission from Company.

Intellectual Property

All content published on SingersAndPerformers.com, including but not limited to articles, written materials, videos, graphics, photographs, downloadable resources, worksheets, frameworks, educational materials, logos, trademarks, service marks, and other intellectual property, belongs to Company or is used with permission or under applicable license.

Your purchase of a product or service does not transfer ownership of Company’s intellectual property to you.

All copyrights, logos, and trademarks are property of Company or their respective owners, and you may not use or copy them in any manner except as expressly permitted by these Terms & Conditions or applicable law.

User-Generated Content

Through any material you post, such as in the form of comments, reviews, testimonials, questions, or other submissions, you license Company the right to use your material as desired for use on this site and in connection with Company’s business.

Any material that you share may be shared with Company’s authorized representatives, liaisons, contractors, and employees in association with its use by Company, without limiting the right to copy, distribute, transmit, display and perform publicly, reproduce, translate, edit, and reformat your content.

You will not receive any form of compensation for your material unless another contract stipulates that.

You agree that your name and potentially your website, social media account, or other publicly available information may be disclosed in connection with material you voluntarily contribute.

Despite the material being hosted on a site other than your own, you are still legally responsible for ensuring that you have the right to contribute the material.

You should not submit confidential information, copyrighted material belonging to another person, unpublished audition materials belonging to a third party, or other information that you do not have permission to share.

Testimonials and Reviews

If you voluntarily provide a testimonial, review, comment, or other statement regarding your experience with Company, you grant Company permission to reproduce, edit, publish, and display that statement in connection with its website, services, marketing, and promotional materials.

Company will not intentionally alter a testimonial in a manner that materially changes its meaning.

You are responsible for ensuring that any testimonial or review you provide is truthful and based on your actual experience.

Compliance with Intellectual Property Laws

Through your usage of this site, you agree to obey and respect the intellectual property rights of others. Your constant usage of this site is subject to all laws that govern intellectual property.

You agree not to represent yourself as the author or creator of any content displayed on this site.

You agree to be held legally responsible regarding any copyright ownership and intellectual property violations you perpetuate.

If you believe that content appearing on this website infringes your copyright, please contact Company with sufficient information to identify the copyrighted work, the allegedly infringing material, and the basis for your claim.

Inappropriate Content

You agree to not upload, download, display, perform, transmit, or otherwise distribute any content that meets the following conditions:

Libelous, defamatory, obscene, pornographic, abusive, harassing, and/or threatening
Advocates or encourages any action that would constitute criminal activity
Infringes upon the copyright, trademark, privacy, publicity, or other rights of another person or entity
Contains malicious software, viruses, or other harmful code
Advertises or solicits funds for unrelated goods and/or services without permission
Contains misleading, fraudulent, or intentionally deceptive information

Company reserves the right to remove any content that meets the above conditions and will cooperate with appropriate legal agencies in the event action needs to be taken in response to a violation of these Terms & Conditions.

Copyright Infringement

Company has in place legally mandated procedures regarding allegations of copyright infringement on this website.

If you believe that material appearing on SingersAndPerformers.com infringes your copyright, please contact Company with information sufficient to allow the alleged infringement to be investigated and addressed.

Alleged Violations and Right of Termination

Company reserves the right to terminate or restrict your usage of this site, services, programs, or resources.

To ensure that users have a high-quality experience on this site, Company, and/or any affiliated and authorized representatives, reserves the right to access information associated with your account or submission when reasonably necessary to investigate complaints, allegations of abuse, third-party rights violations, fraud, or unauthorized usage of this site’s contents.

Company reserves the right to not disclose the occurrence of any such investigation unless instructed or required by legal authorities or otherwise permitted by law.

If you have interfered with the use of this site for others, furnished Company with inaccurate or misleading information, failed to make required payments, infringed upon the rights of others, or violated these Terms & Conditions, the owner of this site reserves the right to terminate or restrict your account, access, or participation with or without notice, subject to any applicable contractual or legal obligations.

Security Breach

Company takes reasonable measures to protect information submitted through this website. However, no website, electronic transmission, database, or online service can be guaranteed to be completely secure.

In the event of a security breach involving information maintained by Company, Company will take reasonable steps to investigate the incident, mitigate its effects, and provide any notices that are required by applicable law.

Warranties

Company disclaims all warranties, expressed and implied, associated with the usage of the content published by Company, to the maximum extent permitted by law. This statement includes warranties of merchantability, fitness for a particular purpose, and/or noninfringement.

All content is to be taken “as is.” The user assumes any risk and liability associated with its usage.

Company does not warrant that the site and its contents will meet your satisfaction for your particular usage. Your usage may very well be interrupted and contain errors.

Company does not warrant that information concerning auditions, productions, casting opportunities, repertoire, or other third-party information will always be current, complete, or error-free. Third-party information can change without notice.

Limited Liability

Company’s liability to you is limited. To the maximum extent permitted by law, in no event will Company be held liable for damages of any kind arising out of or relating to your use of this site or its content. This includes special, incidental, consequential, lost profits, lost revenue, lost opportunities, and lost data.

This limitation is present regardless of whether the damages arise out of breach of contract, tort, negligence, or any other form of legal action or theory, except where such limitations are prohibited by applicable law.

Company does not guarantee any particular professional, artistic, financial, employment, audition, casting, or career outcome from the use of its content, products, or services.

Neither party will be liable for speculative or remote breach of contract issues to the extent permitted by law.

Affiliate Disclaimer

Please read the Affiliate Disclaimer.

Company has no control over and has no liability for any third-party websites, platforms, products, services, or materials.

Company works with many third-party companies and platforms that may be linked on this site. The owner of this site makes no guarantee about the accuracy, availability, security, or content of these sites and assumes no responsibility for any inappropriate or unlawful content on these sites or their content.

From time to time, through your usage of this site, you may be redirected to use a third-party company’s content, products, services, or websites. Unless noted otherwise, these Terms & Conditions govern your use of SingersAndPerformers.com, while the third party’s own terms and policies govern your use of its services.

Prohibited Uses

Company imposes certain restrictions on the usage of this site.

You are prohibited from violating or attempting to violate any security features of this site, including the following, without limitation:

Accessing content or data not intended for you or logging on to a server that you are not authorized to access
Attempting to probe, scan, or test the vulnerability of this site, or any associated system or network, or to breach security or authentication measures of this site without proper authorization
Interfering or attempting to interfere with any user’s experience through flooding, spamming, mail bombing, crashing, or similar activity
Using this site to send unsolicited communications to other users or subscribers, including promotions or advertisements for products or services
Uploading malicious software, viruses, or other harmful code
Attempting to gain unauthorized access to accounts, systems, or information
Copying, reproducing, republishing, reselling, distributing, or commercially exploiting Company’s proprietary educational materials without written permission
Attempting to decode, reverse engineer, decompile, or disassemble software into some form humans can perceive and comprehend

Any violation of this can subject you to civil and/or criminal liability.

Indemnity

You agree to indemnify Company for certain acts or omissions.

You agree to defend and hold harmless Company, and any affiliated and authorized representatives, from any and all third-party claims, losses, liability, damages, and/or costs, including reasonable attorney fees, arising from your violation of these Terms & Conditions, your infringement, or any other user’s infringement on your account, of any intellectual property right or other right of any person or entity, or your unlawful use of this website or its services.

Company will promptly notify you of any such claim, loss, liability, or demand when reasonably practicable, and will provide you with reasonable assistance, at your expense, in defending this.

Copyright

All contents of this site are:

Severability

If, for whatever reason, a court of competent jurisdiction finds any term or condition in this policy to be unenforceable, all other terms and conditions will remain in effect and in full force.

Waiver

No waiver of any breach of any provision of these Terms & Conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same provisions.

No waiver will be effective unless made in writing and signed by an authorized representative of the waiving party.

License

Nothing contained on this website shall be understood as granting you a license to use any of the trademarks, service marks, logos, frameworks, educational materials, or other intellectual property of this company or any third-party company, except for the limited personal-use license expressly granted for purchased or otherwise authorized materials.

United States of America Only

This website is controlled and operated from its offices in New Jersey, United States of America. The domain is hosted and registered in the United States of America.

The intended audience is for residents of the United States of America only.

Company makes no representation that any of the materials or services you have access to are available or appropriate for use in other locations.

Furthermore, this website does not intentionally target individuals outside of the United States with its goods or services.

If you access this website from outside the United States, you do so at your own initiative and are responsible for compliance with the laws applicable to you.

Please read the Privacy Policy to find out more about how personal information is collected, used, and protected.

Amendments

Company reserves the right to make any amendments or changes to these Terms & Conditions.

Should the owner seek to make a change that, in the owner’s discretion, is material in nature, then correspondence may be sent to subscribers and/or customers when appropriate.

Please feel free to contact me to discuss any changes made.

Should a court of competent jurisdiction rule any amendment to be invalid, then the amended part will be terminated as a part of the agreement and will be reverted to its former state to the extent legally permissible.

All amendments will be forward-looking unless otherwise required by law.

Thank you for reading this!