Terms of Service Agreement
WELCOME TO SHOW CREW NETWORK
Welcome to SHOW CREW NETWORK. The following Terms of Service, including the Site Policies, are a contractual agreement between you and SHOW CREW NETWORK (including our corporate subsidiaries). The Site Policies together with the Terms of Service and the Billing and Escrow Terms and Conditions are collectively referred to as the "Terms of Service." Certain definitions of terms used in these Terms of Service are available here. In visiting or using the services available from the domain and sub-domains of www.SHOW CREW NETWORK.com (the "Site"), you are agreeing to be bound legally by these Terms of Service. We reserve the right to amend and revise these Terms of Service and all linked information at our sole discretion by updating this posting or any linked information. Unless stated otherwise, the revised terms will take effect when they are posted.
SHOW CREW NETWORK makes the Site available as an online resource where Companies of production industry services ("Company" or "Companies") locate and hire production industry freelancers ("Crew Members" and sometimes collectively referred to herein as "the Parties") as subcontractors for production work ("Jobs"). The Site contains features that enable Companies and Crew Members to do, among other things, the following: Companies: identify, negotiate payments, hire, manage engagements, rate and pay Crew Members. Crew Members: Create profiles, post capabilities, negotiate terms, get hired, manage engagements, invoice, get rated and receive payments from Companies.
RELATIONSHIP BETWEEN Companies AND Crew Members
The dealing, contracting and fulfillment of a Job are between a Company and a Crew Member. Upon the acceptance of an offer, the Crew Member and the Company form a Member Contract, wherein the Crew Member agrees to render services and the Company agrees to pay, in accordance with the following: (1) the agreement between Company and Crew Member including the Terms as accepted on the Site and the offer, (2) the Parties agree not to enter into any contractual provisions that conflict with these Terms of Service; (3) all provisions of a Contract between Members in conflict with these Terms of Service is void; (4) Company is responsible for managing, accepting and paying for satisfactory Crew Member Services in accordance with the Member Contract in a timely manner; (5) Crew Member is responsible for the performance and quality of the their services in accordance with the Member Contract; (6) Company and Crew Member each covenants and agrees to act with fair dealing and in good faith in performance of the Member Contract.
Company and Crew Member both acknowledge and agree that their relationship is that of independent contractors. The Crew Member shall perform the Crew Member Services as an independent contractor and nothing within these Terms of Service shall be deemed to create a joint venture, partnership, agency, or Company-employee relationship between Crew Member and Company or between SHOW CREW NETWORK and any Crew Member or Company.
Taxes, Reporting and SHOW CREW NETWORK 1099 Service
Crew Member Form W-9 Requirements. As a Crew Member, if you enter and maintain complete, updated and accurate Account information on the Site, SHOW CREW NETWORK will provide your Form W-9 information, if any, to Companies who pay you through SHOW CREW NETWORK. Companies and Crew Members are solely responsible for the reporting, payment and collection of all federal, state and local taxes, if any.
RELATIONSHIP WITH SHOW CREW NETWORK
SHOW CREW NETWORK Not a Party to Jobs
SHOW CREW NETWORK is not a party to the contracting, dealing and fulfillment of a Job between a Company and a Crew Member, including the Crew Member Services. SHOW CREW NETWORK has no control over and offers no guarantee of the quality, safety or legality of Crew Member Services advertised, the truth or accuracy of the qualifications, background, or abilities of Members, the ability of Crew Members to provide Crew Member Services, the ability of Companies to pay Crew Members for their Services, or that a Company or Crew Member can or will in actuality complete a transaction. All obligations and rights for the purchase and sale of Crew Member Services are solely between Company and Crew Member. Company and Crew Member must look solely to the other for performance and enforcement of any and all the rights and obligations arising from Member Contracts and any other conditions, representations, terms or warranties associated with their dealings.
Show Crew Network Third-Party Beneficiary of Member Contract
Company and Crew Member each acknowledges and agrees that the reputation, value, and goodwill of the Site depend on their mutual performance of their agreements and covenants as set forth in their Member Contract. Company and Crew Member therefore appoint SHOW CREW NETWORK a third-party beneficiary of their Member Contract for purposes of enforcing the obligations owed to, and the benefits conferred on, SHOW CREW NETWORK by these Terms of Service. Company and Crew Member agree further that SHOW CREW NETWORK has the right but is not obligated to take such actions with respect to the Member Contract or their Accounts, including without limitation termination, suspension, or legal actions, as SHOW CREW NETWORK at its sole discretion deems necessary to protect the reputation, value, and goodwill of the Site.
Terms of Service and any registration for or subsequent use of this Site will not be construed as creating or implying any franchise, relationship of agency, joint venture or partnership between the Parties and SHOW CREW NETWORK.
SHOW CREW NETWORK FEES
Service Fee and Payment Transaction Fee. When a Company pays a Crew Member through the Show Crew Network Escrow fund the Company is responsible for a 7% Service Fee and a 3.9% Transaction Fee. When funds are disbursed to Crew Members by either Pay Pal or check the Transaction Fee is a flat fee of $1 US.
PERIOD OF EXCLUSIVITY
Companies: By visiting or using the Site you agree to use SHOW CREW NETWORK to make all payments to Crew Members you identify on the Site, so that SHOW CREW NETWORK can collect its Service & Transaction Fee. You agree and acknowledge that SHOW CREW NETWORK makes its Service Fee on all payments you make to a Crew Member in the first twelve months after you identify the Crew Member through the Site, regardless of whether you make the payments through SHOW CREW NETWORK or not. You agree not to take any action indirectly or directly to circumvent these fees. After twelve months, our Service Fee applies only if the payment is made through the Escrow Payment Service. As a Company, you also agree to inform SHOW CREW NETWORK immediately if your Crew Member solicits payment from you outside the Site.
Crew Members: By using or visiting the Site, or by communicating with Companies identified through the Site, you agree to use SHOW CREW NETWORK to receive all payments from Companies you identify on the Site, so that SHOW CREW NETWORK can earn its Service Fee. You agree and acknowledge that SHOW CREW NETWORK collects its Service Fee on all payments you receive from a Company in the first twelve months after you identify the Company through the Site, regardless of whether you receive the payments through SHOW CREW NETWORK or not. You agree not to take any action indirectly or direclty to circumvent these fees. After twelve months, our Service Fee applies only if the payment is made through the Escrow Payment Service. As a Crew Member, you also agree to inform SHOW CREW NETWORK immediately if a Company seeks to pay you outside the Site.
MEMBER OBLIGATIONS AND ELIGIBILTY
To access Site Services through our Site, you must be a an individual in business 18 years or older who can form legally binding contracts or a legal entity. To register for a SHOW CREW NETWORK Account and become a Member, you must accept all of the terms and conditions in, and linked to, these Terms of Service. By becoming a Member, you agree to: (a) abide by the SHOW CREW NETWORK Terms of Service and the procedures, processes, and guidelines described throughout the Site; (b) be financially responsible for your use of the Site and the hiring of Crew Member Services; and (c) perform your obligations as specified by any Offers and Terms that you accept, unless such obligations are prohibited by the SHOW CREW NETWORK Terms of Service or by law. SHOW CREW NETWORK reserves the right in its sole discretion to suspend, refuse and/or terminate service to anyone.
SHOW CREW NETWORK ACCOUNTS
To access Site Services through our Site and become a Member you must register for an "Account." You agree to provide accurate, true and complete information as required by the registration form and all forms you complete on the Site, and to keep current this information to maintain its accuracy, truthfulness, and completeness. You cannot register for more than one Company Account and one Crew Member Account without express written permission from SHOW CREW NETWORK. You agree (1) not to allow others who are not authorized to use your Account at any time and (2) not to use any Account, username, or password of another User of the Site that you are not authorized to use. Your SHOW CREW NETWORK Account and username are not transferable.
USERNAMES AND PASSWORDS
When a Member registers an Account, the Member will be asked to choose a password and username for the Account. As a Member, you agree and you are entirely responsible to maintain and safegaurd the confidentiality of the password and username you use to access this Site. You agree to inform us immediately if you suspect any unauthorized use of your Account or access to your password.
SHOW CREW NETWORK has no editorial control over content posted by Users on the Site and is not responsible for and does not monitor such content for reliability or accuracy. SHOW CREW NETWORK does not confirm whether a Crew Member has the expertise, or is licensed or qualified to provide the Crew Member Services being requested.
Crew Member Directory
The Site contains directories of Crew Members. These directories are populated from Crew Members themselves and from other Members. SHOW CREW NETWORK provides this directory as a convenience and does not verify or confirm the information contained within it.
This Site may contain links to resources or websites ("Web Sites") and access and use of certain services offered by third parties, including online communication services such as chat, email and calls and your access and use of those resources, services or Web Sites, as well as the online communication services, will be governed by the terms and policies of the Web Site. You agree and acknowledge that SHOW CREW NETWORK is not responsible or liable for: (i) the accuracy or availability of such sites or resources; or (ii) the products, content or advertising on or available from such Web Sites or resources. The inclusion of any link on the Web Site does not imply that SHOW CREW NETWORK endorses the linked site. The Parties use these services and links at your own risk.
SITE ACCESS SHOW CREW NETWORK AND LICENSES
License to User
Subject to and conditioned on compliance with these Terms of Service, SHOW CREW NETWORK grants you a limited license to access and, if you are a Member, to use this Site internally for the purpose of receiving and ordering the Site Services authorized and available from SHOW CREW NETWORK. You shall not reproduce, sell, modify, distribute, publicly perform, display, prepare derivative works based on, repost and otherwise use any content of this Site in any way for any public or commercial purpose without prior written consent of SHOW CREW NETWORK. The Parties will not use any content of this Site on any other Web site or in a networked computer environment for any purpose except your own internal viewing. You agree not to attempt to reverse engineer or attempt to interfere with the operation of any part of this Site unless expressly permitted by law. This Site or any portion of this Site may not be duplicated, reproduced, sold, copied, resold or otherwise exploited for any commercial purpose that is not expressly permitted by SHOW CREW NETWORK. SHOW CREW NETWORK and its licensors retain all of its title, right and interest in and to all inventions, copyrights, patent rights, know-how and trade secrets relating to the Site. The SHOW CREW NETWORK logo and name are trademarks of SHOW CREW NETWORK, and may be registered in certain jurisdictions. All other company names, product names, logos, marks and symbols on the Site may be the trademarks of their respective owners. Except as expressly stated above, nothing in these Terms of Service confers any license under any of SHOW CREW NETWORK's or any third party's intellectual property rights, whether by estoppel, implication or otherwise.
Access and Interference
You agree that you will not use any spider, robot, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) a disproportionately or unreasonably large load on our infrastructure; (b) modify, copy, reproduce, create derivative works from, distribute, any software code that is part of the Site,or publicly display any content (other than content you have submitted to the Site) from the Site, or any services that are offered on the Site without the prior express written permission of SHOW CREW NETWORK and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the regular operation of the Site or any activities conducted on the Site; or (d) bypass any measures we may implement to prevent or restrict access to the Site or any subparts of the Site.
User License to SHOW CREW NETWORK
In order to operate the Site, SHOW CREW NETWORK requires certain rights. Thus, when you post information, text, links, attachments, or other materials ("Content") to publicly visible areas of the Site, you grant to SHOW CREW NETWORK, and you represent and warrant that you have the right to grant, or that any other owner of such Content has expressly granted to SHOW CREW NETWORK, a worldwide, royalty-free, irrevocable, perpetual, fully sub-licensable, non-exclusive right to SHOW CREW NETWORK to use, modify, reproduce, distribute, transmit, perform, display and delete such Content (in whole or in part) and incorporate such Content in other works in any form, technology or media now known or developed later.
RESOLUTION OF DISPUTES BETWEEN MEMBER AND SHOW CREW NETWORK
If a dispute arises between you and SHOW CREW NETWORK, our goal is to resolve such dispute cost effectively and quickly. Therefore, you and SHOW CREW NETWORK agree that any claim or controversy at law or equity that arises between us out of these Terms of Service or the SHOW CREW NETWORK Services (a "Claim") will be resolved in accordance with this section entitled "Resolution of Disputes Between Member and SHOW CREW NETWORK." Before resorting to these alternatives, you agree to first contact us directly to seek dispute assistance by going to Customer Support.
Law and Forum for Disputes
These Terms of Service are governed in all respects by the laws of the State of Illinois without giving effect to any principle that may provide for the application of the law of another jurisdiction. You agree that any dispute or claim you may have against SHOW CREW NETWORK must be resolved by a court of appropriate subject matter jurisdiction located in Cook County, Illinois, or as described in the Arbitration Option paragraph below. You hereby submit to the personal jurisdiction of the courts located within Cook County, Illinois for the purpose of litigating all such claims or disputes.
For any claim arising between you and SHOW CREW NETWORK (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution ("ADR") mutually agreed upon by the parties. The ADR and the parties must comply with the following rules: (a) the ADR will specify whether the arbitration will be conducted by telephone, online, or solely based on written submissions; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) if an arbitrator renders an award the party receiving the award has the right to enter any judgment on the award in any court of competent jurisdiction.
Improperly Filed Claims
Should you file a claim contrary to this section entitled "Resolution of Disputes Between Member and SHOW CREW NETWORK," SHOW CREW NETWORK will be entitled to recover attorneys' fees and costs up to $2,000, provided that SHOW CREW NETWORK has notified you in accordance with these Terms of Service of the improperly filed claim, and you have failed to promptly withdraw the claim.
TERM; TERMINATION AND SUSPENSION
These Terms of Service shall become effective as your contractual agreement upon your acceptance or your use of SHOW CREW NETWORK, and shall continue until your Account is terminated by SHOW CREW NETWORK or you as provided for under the terms of this Section. Unless otherwise agreed to in writing between the parties, either party may at its own discretion terminate the contractual agreement represented by these Terms of Service at any time provided thirty days (30) written notice is given to the other party. In such an event, your Account is automatically terminated and (i) SHOW CREW NETWORK shall continue to perform those SHOW CREW NETWORK Services necessary to complete any open transaction between you and another Member; and (ii) you shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to SHOW CREW NETWORK for any Site Services and to any Crew Members for any Crew Member Services. Without limiting SHOW CREW NETWORK's other remedies, we may, issue a warning or temporarily suspend, indefinitely suspend or terminate your Account or a Job(s), and refuse to provide any or all Site Services to you if: (a) you breach the letter or spirit of any conditions and terms of these Terms of Service or the linked policies and information incorporated herein by reference, including our written procedures and policies posted on the Site; (b) we are unable to authenticate or verify any information you provide to us; or (c) we believe at our sole discretion that your actions may cause legal liability for you, our Members or for SHOW CREW NETWORK or are contrary to the interests of the Site or the SHOW CREW NETWORK user community. Once indefinitely suspended or terminated, you must not continue to use the Site under the same Account, a different Account, or reregister under a new Account. Additionally, violations of these Terms of Service may be prosecuted to the full extent of the law and may result in additional penalties and sanctions. Without limiting SHOW CREW NETWORK's other remedies, to the extent you engage in actions or activities which circumvent the SHOW CREW NETWORK Site or otherwise reduce fees owed SHOW CREW NETWORK under these Terms of Service, you must pay SHOW CREW NETWORK for all fees owed to SHOW CREW NETWORK and reimburse SHOW CREW NETWORK for all losses and costs (including any and all SHOW CREW NETWORK employee time) and reasonable expenses (including attorney fees) related to investigating any such breach and collecting any such fees. SHOW CREW NETWORK reserves the right to terminate any User access, Account or Job for any reason, at its sole discretion and to refuse to provide membership and registration to you in the future. We will notify you if we cancel your membership, unless in our judgment giving notice would cause a risk of further violation or damages. However, we will notify you that your Account will be canceled if required by law. When your Account is terminated for any reason, you may no longer have access to messages, data, files and other material you keep on the Site. The material may be deleted along with all your previous job details and posts. The sections entitled "RELATIONSHIP BETWEEN Companies AND Crew Members," "RELATIONSHIP WITH SHOW CREW NETWORK," "SHOW CREW NETWORK FEES," "PERIOD OF EXCLUSIVITY," "THIRD-PARTY CONTENT," "LICENSES AND SITE ACCESS," "RESOLUTION OF DISPUTES BETWEEN MEMBER AND SHOW CREW NETWORK," "TERM; TERMINATION AND SUSPENSION," "DISCLAIMERS, LIMITATIONS AND EXCLUSIONS," "NOTICES AND COMMUNICATIONS," "MISCELLANEOUS," "CERTAIN DEFINED TERMS," and the Site Policies entitled "Billing and Payment Service," "General Escrow Instructions," and "Dispute Resolution Process," will all survive termination of the contractual agreement between us.
Notification of SHOW CREW NETWORK Members
You agree and acknowledge that the reputation, value and goodwill of the Site depend on transparency of Member Account status to all Members, including both yourself and other Members who are participating in Jobs with you. You therefore agree as follows: IF SHOW CREW NETWORK TERMINATES OR SUSPENDS YOUR ACCOUNT OR JOB, SHOW CREW NETWORK HAS THE RIGHT BUT NOT THE OBLIGATION TO (1) NOTIFY OTHER MEMBERS ENGAGED IN ACTIVE JOBS WITH YOU TO INFORM THEM OF YOUR TERMINATED OR SUSPENDED ACCOUNT OR JOB STATUS AND (2) PROVIDE THEM WITH SUMMARY REASONS FOR THE ACTION.
SHOW CREW NETWORK, located in Chicago, Illinois, is the provider of the electronic commercial service on this Site. Members are notified, via this Site, in advance regarding any applicable service charges. Upon your request, you may have these Terms of Service sent to you by email. Please feel free to contact SHOW CREW NETWORK to resolve a complaint regarding any aspect of service relating to this Site by contacting Customer Support.
DISCLAIMERS, LIMITATIONS AND EXCLUSIONS
You are responsible for creation, storage, and backup of your business records. These Terms of Service and any registration for or subsequent use of this Site will not be construed as creating any responsibility on SHOW CREW NETWORK's part to store, backup, retain, or grant access to any information or data for any period.
THE SITE SERVICES PROVIDED BY SHOW CREW NETWORK OR ANY OF OUR LICENSORS OR OUR THIRD-PARTY SERVICE CREW MEMBER SERVICES ARE PROVIDED "AS IS," AS AVAILABLE, AND WITHOUT ANY CONDITIONS OR WARRANTIES (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO WARRANTIES OR REPRESENTATIONS, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, RELIABILITY OR IDENTITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR LICENSORS OR OUR THIRD-PARTY SERVICE CREW MEMBERS BE LIABLE TO YOU OR ANY OTHER MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF PROFITS, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SITE SERVICES PROVIDED UNDER THESE TERMS OF SERVICE, WHETHER BASED ON TORT, NEGLIGENCE, CONTRACT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF SERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOU FOR THE SITE SERVICES TO WHICH THE LIABILITY RELATES DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS AND EXCLUSIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
If you have a dispute with another Member, you release SHOW CREW NETWORK (and our directors, officers, agents, subsidiaries, joint ventures and employees) from damages (actual and consequential), claims and demands of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
The Parties agree to defend, indemnify and hold harmless SHOW CREW NETWORK from and against any and all costs, losses, damages, expenses or other liabilities incurred by SHOW CREW NETWORK from and against any liability, cost, damage, loss, cause of claim, action, suit, proceeding, demand or action brought by a third party against SHOW CREW NETWORK: (a) in connection with your use of the Site Services including any payment obligations incurred through use of the Site Services; or (b) resulting from: (i) your use of SHOW CREW NETWORK(ii) your decision to supply credit information via the Site, including financial information; (iii) your decision to submit postings and accept offers from other Members; (iv) any breach of contract or other claims made by Members with whom you conducted business through SHOW CREW NETWORK; (v) your breach of any provision of these Terms of Service; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any Member; (viii) any act or omission of yours with respect to the payment of fees to any Crew Member; (ix) your dispute of or failure to pay any invoice or any other payment; or (x) your obligations to a Crew Member. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such demand, claim, cost, action, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such settlement or defense. We shall be entitled to participate in such defense through our own counsel at our own expense and cost. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
NOTICES AND COMMUNICATIONS
Unless you otherwise indicate in writing to Customer Support, SHOW CREW NETWORK will communicate with you by email or by using the Site Messaging System. You consent to receive electronic communications from us and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when SHOW CREW NETWORK sends it to the email address you have provided to SHOW CREW NETWORK on the Site, or when SHOW CREW NETWORK communicates with you through the SHOW CREW NETWORK Messaging System. You must keep your email address updated on this Site, and you must regularly check the Messaging System for postings. If you fail to respond to an email message from SHOW CREW NETWORK regarding dispute, violation or complaint within two business days, SHOW CREW NETWORK has the right to suspend or terminate your Account or Job. All notices to SHOW CREW NETWORK intended to have a legal effect concerning these Terms of Service must be in writing and delivered either in person or by a means evidenced by a delivery receipt, to the following address:
SHOW CREW NETWORK, Inc.
1465 W. Hubbard
Chicago, IL 60622
Such notices to SHOW CREW NETWORK are deemed effective upon receipt.
MISCELLANEOUS TERMS AND CONDITIONS
Compliance with All Laws
You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Site may not be legal for or by certain persons. SHOW CREW NETWORK will not be considered to have modified or waived any of its rights or remedies under these Terms of Service unless the waiver or modification is in writing and signed by an authorized representative of SHOW CREW NETWORK. No delay or omission by SHOW CREW NETWORK in exercising its remedies or rights will impair its rights or be construed as a waiver. Any single or partial exercise of a remedy or right will not preclude further exercise of any other remedy or right.
If any part of these Terms of Service is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect. You will not transfer, assign or delegate your rights or obligations (including your Account) under these Terms of Service to anyone without the express written permission of SHOW CREW NETWORK, and any attempt to do so will be null and void. SHOW CREW NETWORK may assign these Terms of Service in its discretion.
Except for the payment of fees to SHOW CREW NETWORK, neither of the parties to these Terms of Service shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
The boldface paragraph headings in these Terms of Service are included for ease of reference only and have no binding effect. These Terms of Service and all documents referenced in these Terms of Service (including the Site Policies listed and available by hyperlink below) comprise the entire agreement between you and SHOW CREW NETWORK with respect to the use of this Site and supersede all prior agreements between the Parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Web site that link to or are linked from this Site. For convenience, these Terms of Service are displayed in HTML and PDF versions. In the event of any inconsistency between such versions, the PDF version will govern.
Any capitalized term not otherwise defined in these Terms of Service has the meaning given such term on the Site. As used throughout these Terms of Service:
"SHOW CREW NETWORK Services" means the creation, hosting, maintenance, and provision of the Site and all services delivered by SHOW CREW NETWORK
that are accessible through the Site. The term SHOW CREW NETWORK Services does not include Crew Member Services or Third-Party Services.
"Account" means the SHOW CREW NETWORK Account you open when you register to become a Member and use the Site Services, and all Team Accounts added to that Account.
"Member" means a person or legal entity that registers for an Account.
"Company" means a Member that investigates and hires Crew Member Services or identifies a Crew Member through the Site.
"Payment Service" means the SHOW CREW NETWORK Billing and Payment Service.
"Crew Member" means a Member that offers and delivers production services.
"Crew Member Services" means all services delivered by Crew Members.
"Site Policies" means these Terms of Service and all obligations, requirements, and guidelines contained in or linked from the Site. Site Policies includes, without limitation, all documents linked here.
"Site Services" means all services that are accessible through the Site except Crew Member Services.
"Terms" means the terms of engagement accepted by a Company and a Crew Member. Terms may include specifications, price, units of work, hours, payment terms, and other contractual obligations.
"Third-Party Services" means all services that are accessible through the Site and delivered by third parties. The term
Third-Party Services does not include SHOW CREW NETWORK Services or Crew Member Services.
"User" means (1) a person who is a Member, using the Site on his or her own behalf, or (2) a person who is using the Site on behalf of a Member that is a company or organization.
"Visitor" means a person who is only visiting the Site, not a Member or User.
"You" means a Visitor or Member accessing the Site or using the Site Services on his or her own behalf; or, if the Site Services are used on behalf of a Member, "you" means the Member for which the Site Services are used and the User who accesses the Site on behalf of such Member (and such User represents that he or she has the authority to do so on the Member's behalf).
MISCELLANEOUS ESCROW TERMS AND CONDITIONS
Notice of Requested Order
If Crew Member or Company intends to obtain an order from any arbitrator or any court, which order might direct SHOW CREW NETWORK to take, or refrain from taking any action with respect to the Escrow, that party will: (1) give SHOW CREW NETWORK at least five business days prior notice of the hearing; (2) include in any such order a provision that, as a precondition to SHOW CREW NETWORK's obligation, SHOW CREW NETWORK be paid in full for any amounts to which SHOW CREW NETWORK would otherwise be entitled; and (3) be paid for the reasonable value of the services to be rendered pursuant to such order.
Successors and Assigns
These General Escrow Instructions are binding upon and inure to the benefit of the successors and assigns of Company, Crew Member, and SHOW CREW NETWORK. However, SHOW CREW NETWORK has no obligation in performing the Escrow Instructions, to recognize any successor or assign of Company or Crew Member unless SHOW CREW NETWORK receives clear, authoritative, and conclusive written evidence of the change of such parties.
Auto Debit/Auto Escrow & Payment For Tours
For Escrow Accounts created for tours SHOW CREW NETWORK is authorized to auto debit a Company's checking account or credit card on a weekly basis. The auto debit will commence one week prior to the beginning of the tour for the amount agreed upon by Company and Crew Member, plus service and processing fees and will continue to auto debit the Company's account for the duration of the tour. Escrowed funds will be released every Friday to Crew Members until for the duration of the tour.
Auto Debit Failure.
If your Auto Debit is declined, you will be contacted by phone, email or the SHOW CREW NETWORK Messaging System. We may permanently restrict your ability to use a certain payment method if that payment method fails multiple times. REMEMBER: If your Auto Debit fails, you will need to replenish your account with another payment method. In the event any payment is not made and you do not make a payment by the end of your billing cycle, the Crew Member's position who is due Escrow will be effectively terminated and they will be released from their duties.
Cancellation of Auto Debit.
You have the right to withdraw your consent to this Auto Debit at any time up until 48 hours prior to the initial scheduled Auto Debit. To cancel your auto debit, you will need to either cancel the entire tour or that a position on a tour. Doing so forfeits any funds paid into escrow at that point not to exceed one week's worth of pay per Crew Member.
Changing Auto Debit.
If you would like to change your Auto Debit including, for example, making a change from one credit or debit card that was initially selected to another credit or debit card or bank account, you must authorize the recurring auto debit with the new credit or debit card or bank account by logging into SHOW CREW NETWORK and using the Payment page to modify the Auto Debit at least 48 hours prior to the initially scheduled Auto Debit.
Access to Agreement.
To access this Agreement in the future through the SHOW CREW NETWORK website, go to the SHOW CREW NETWORK homepage and click on "Terms of Service". If you are viewing this Agreement on the SHOW CREW NETWORK website, please print a copy of this Agreement for future reference. To confirm which credit, or debit card or bank account you authorized, log into SHOW CREW NETWORK and view the Payments page.
This Agreement is not transferable and must be agreed to by the person authorized on the SHOW CREW NETWORK account, by logging into the SHOW CREW NETWORK and following the Auto Debit/Auto Escrow authorization process.
AGREEING TO THESE CONDITIONS
By providing your credit, or debit card or bank account information ("Payment Method"), you AGREE that you have read and understand this Auto Debit Agreement. In addition, you authorize SHOW CREW NETWORK to charge the full amount required by Auto Escrow to the specified Payment Method; and you authorize the financial institution for the Payment Method, specified above to charge or debit your account and remit payment for service to the Crew Member(s) for Crew Member Services and SHOW CREW NETWORK. This authority will remain in effect until you give notification, as required under this Agreement, to terminate this authorization. Please refer questions or concerns to Customer Care
REMOVAL OF MATERIAL FOR WHICH COPYRIGHT INFRINGEMENT IS CLAIMED
Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act, SHOW CREW NETWORK has implemented
procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed by a user of the Site Services available at the domain and sub-domains of "http://www.showcrewnetwork.com" www.showcrewnetwork.com please fax a notification of the infringement to 312-733-6290. The information requested by the Notice of Infringement form substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), which provides: To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a Member that includes substantially the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Crew Member to locate the material.
4. Information reasonably sufficient to permit the Crew Member to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act as an agent on behalf of the owner of an exclusive right that is allegedly infringed.
Notification from a copyright owner or from an authorized agent to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing an actual awareness or knowledge of facts or circumstances from which infringing activity is apparent.
Please provide a Notice of Infringement each time you wish to report alleged acts of infringement and fax it to the number provided.
SHOW CREW NETWORK encourages professional and detailed communication between Companies and Crew Members throughout the Site. You are required to log onto the Site to manage Jobs and use your homepage to maintain an electronic record of all written communication including clarifications and agreements around scope, call times, price, payments and feedback. If there is a dispute, all written communication on the Site, including offers and message will serve as the record for resolution of the dispute. A communication that is not saved cannot be submitted as evidence in the SHOW CREW NETWORK Dispute Resolution process after a dispute is reported. Only supplementary invoices that have been signed by an Company maybe entered into evidence. SHOW CREW NETWORK provides a designated space in the Crew Member profile to enter email address, telephone number and email and text message numbers. Crew Members must not enter contact information or solicit private communications in public messages, in offer messages, or sections of their SHOW CREW NETWORK profile outside of the designated Contact Information fields.
POSTING INFORMATION AND CONTENT
You agree to provide accurate, true and complete information whenever you post any information or content on SHOW CREW NETWORK (including but not limited to posting a request for Crew Member Services, posting a Job Offer, posting your profile and providing feedback). You agree to update any such information whenever it changes. You agree to use good judgment when posting remarks, information, or other content regarding other Users, Members, Companies, Crew Members, SHOW CREW NETWORK or any other third party. You understand that you may be held liable for damages suffered by other Users, Members, Companies, Crew Members, SHOW CREW NETWORK or any third party as a result of legally actionable or defamatory remarks, comments or other information or content which you post to the SHOW CREW NETWORK Site. Under federal law (specifically, the Communications Decency Act of 1996), SHOW CREW NETWORK is not legally responsible for any remarks, information or other content posted or made available on its Site by any User or third party, even if such information or content is defamatory or otherwise legally actionable. SHOW CREW NETWORK is not responsible for and does not monitor or censor content for reliability or accuracy. SHOW CREW NETWORK reserves the right to remove or restrict access to any information, content or Job posted or made available on the Site in its sole discretion, or if ordered to do so by a court, or if SHOW CREW NETWORK considers such information or content to be in violation of the SHOW CREW NETWORK Terms of Service.
As a Company, when making job offers and hiring Crew Members, you agree to the following guidelines:
Post offers with a defined scope.
Answer clarifying questions from Crew Members.
Evaluate multiple Crew Members' against criteria important to you, such as Crew Member's fields of expertise, work experience, specialty equipment, certifications, references, feedback from prior Companies, location and cost.
Once you have hired for your Job, log onto the Site and use your homepage to manage the job.
PROHIBITED SITE ACTIVITIES
You agree NOT to do any of the following on the Site:
Post false or misleading information about a service or service request.
Post logos, seals or slogans from third parties on the Site unless such material is provided by SHOW CREW NETWORK or an SHOW CREW NETWORK partner, or you have received express written permission from SHOW CREW NETWORK to display such third-party logo, seal or slogan.
Post or transmit any content that is profane, vulgar, racist, offensive, threatening, harmful, abusive, defamatory or disparaging.
Post or transmit unprofessional or offensive comments about a User, Member, Crew Member, Company, SHOW CREW NETWORK or any third party.
Suggest or solicit another User to contact you directly in order to buy or sell services outside of SHOW CREW NETWORK.
Post or introduce software on the Site that: (i) is designed to disrupt, disable, harm or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of this Site or any other hardware, firmware or software, computer system or network (sometimes referred to as "viruses" or "worms"); (ii) would disable or impair this Site or any other software, firmware, hardware, computer systems or networks in any way where such disablement or impairment is caused by the elapsing of a period of time, exceeding an authorized number of copies, advancement to a particular date or other numeral (sometimes referred to as "time locks", "time bombs," or "drop dead" devices); (iii) would permit you or any other person to access this Site or any other hardware, firmware or software, computer systems or networks to cause such disablement or impairment or transmit information; or (iv) which contains any other similar malicious, harmful or hidden procedures, routines or mechanisms which would cause such programs to cease functioning or to damage or corrupt data, storage media, programs, equipment or communications or otherwise interfere with operations.
Access, tamper with or use non-public or non-authorized areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Tamper with postings of other Members, Users or SHOW CREW NETWORK.
Solicit or gather any Member's or User's information available from the Site, such as other usernames and email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, junk mail, spam or chain letters. Do anything which would create or impose an disproportionately or unreasonable large burden or load on the Site.
Repeat any action after you receive warning or request to desist from SHOW CREW NETWORK, whether or not that action is explicitly prohibited in the policies stated on the Site. Fail to respond to an email from SHOW CREW NETWORK regarding violation, dispute or complaint within two business days. Use the Site if you are not able to form legally binding contracts, are under age or are temporarily or indefinitely suspended from our Site. Take any action that may undermine the feedback or ratings systems (such as importing or exporting feedback information off the Site, or using feedback as an extortion mechanism).
Copy, modify or distribute content from the Site, except for your own use and information, without the prior express written permission from SHOW CREW NETWORK.
Registering to Provide Services
If you wish to provide services through SHOW CREW NETWORK, you must complete the Crew Member registration process.You agree to provide accurate, true, complete information and to update such information to maintain its accuracy and completeness. SHOW CREW NETWORK can suspend or terminate your Account upon the discovery that any information you provided or posted is not true, accurate or complete, or as a result of other violations of the SHOW CREW NETWORK Terms of Service.
Job Fulfillment Guidelines
You agree to the following Job fulfillment guidelines:
Once you have been hired for a Job, log onto the Site to manage the Job and use your homepage to maintain an electronic record of all written communication between you and the Company. Use your homepage to record the job offer, scope, schedule communication, price, feedback, schedule changes, and job completion. If there is a dispute, the data that you enter on the Site and the contents of your homepage will constitute the record of facts and evidence for resolution of the dispute. If you are unable to perform the Job, contact the Company as soon as possible and alert Customer Support so that SHOW CREW NETWORK is aware of the situation and can offer assistance to the Company. Respond promptly to all Job-related communication, whether from the Company or from SHOW CREW NETWORK.
Audit Provisions and Record Keeping
For a period of one year after accepting each Job, you agree to keep and maintain complete and accurate records related to the Crew Member Services that you perform for a Company, including the job offer, the job and payment terms, and information on all repeat or follow-on Crew Member Services performed for each Company originated on SHOW CREW NETWORK. If questions arise regarding services rendered, work performed or fees due to SHOW CREW NETWORK, you agree to provide copies of these records and other relevant documentation to SHOW CREW NETWORK within 7 days of SHOW CREW NETWORK's request.
RATING AND FEEDBACK SYSTEM
Always leave balanced and objective feedback about the Users with whom you have transacted. You acknowledge and agree that the Site contains public feedback from Users with whom you have transacted. You acknowledge that feedback results for you may consist of comments and ratings left by other Users and that SHOW CREW NETWORK may calculate a composite feedback number based on these individual ratings. Crew Members agree to be rated by Companies. SHOW CREW NETWORK provides its feedback and rating system as a means through which Users can express their opinions publicly, and SHOW CREW NETWORK does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability unless a User brings the posting to SHOW CREW NETWORK's attention. You may be held legally responsible for damages suffered by other SHOW CREW NETWORK Users or third parties as a result of your remarks if a court finds that your remarks are legally actionable or defamatory. Under federal law, SHOW CREW NETWORK is not legally responsible for any feedback or comments posted or made available on this Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable.
You agree to report violations or abuses of our rating and feedback system immediately by contacting Customer Support, and agree not to take any actions that undermine the integrity of the feedback system, including but not limited to the following:
Leaving fake or inaccurate feedback for another User or Member.
Leaving feedback for yourself using a secondary username or another Member's username.
Threatening to leave negative feedback to induce another User or Member to perform a task not required by the Terms. Soliciting other SHOW CREW NETWORK Members to leave fake or inaccurate feedback. In order to protect the integrity of the feedback system and protect Users from abuse, SHOW CREW NETWORK will investigate and has the right (but is under no obligation) to remove posted feedback or information under the following scenarios:
It contains language that is vulgar, profane, racist or contains adult material.
Insulting or inflammatory feedback is strongly discouraged but will not be removed.
It is shown to have been left by any User who is in violation of SHOW CREW NETWORK's Eligibility requirements, or by or for a User who has conducted any fraudulent transaction.
It is not directly related to transactions conducted through SHOW CREW NETWORK.
It makes any reference to actions taken or purported to be taken by SHOW CREW NETWORK or any law enforcement organization.
SHOW CREW NETWORK is provided with a ruling or settlement agreement from a valid and certified dispute resolution service, or is provided with a court order finding that the feedback or information posted is slanderous, libelous, defamatory or otherwise illegal. The User who posted the feedback or information provided SHOW CREW NETWORK with false contact information during the transaction period (as verified by SHOW CREW NETWORK) and cannot be contacted by SHOW CREW NETWORK. The User who posted the feedback or information informs SHOW CREW NETWORK that it was intended for another User and posts the feedback or information for the appropriate User. This does not apply to feedback that was mistakenly marked negative instead of positive or vice versa, in which case the User can contact Customer Support to file a feedback review request.
HOW TO AVOID DISPUTES
Disputes may arise due to miscommunication and can often be resolved amicably between the parties. SHOW CREW NETWORK recommends the following steps to avoid disputes:
Follow all rules and guidelines in the Site Usage Policy.
Answer clarifying questions from your Companies or Crew Members.
Have Companies sign supplementary invoices.
Maintain open lines of communication. Be clear about your expectations.
Confirm call times with Crew Member's via the Show Crew Network Messaging System.
Crew Members show up on time for calls.
Accurately represent your level of expertise.
WHAT IF I HAVE A DISPUTE WITH ANOTHER MEMBER?
If you have used the Site in accordance with the SHOW CREW NETWORK Terms of Service and you have a dispute with another User ("Opposing Party"), the Dispute Resolution Process consists of three phases subject to limitation based on the type and status of Job in dispute:
1. Member Resolution
2. SHOW CREW NETWORK Dispute Assistance
Notice of Disputes Resolved.
For all disputes regardless of type and status of a Job in dispute, you must be aware of the following three key dates in any dispute:
"Breach Date" means the later of (1) the date on which the events causing the breach of your agreement with the other
User first took place, and (2) the date on which you learned, or reasonably should have learned, about those events.
"Dispute Initiation Date" "Limitations Date" means the date seven days following the conclusion of the job. You do not have a right to initiate a claim or cause of action or demand arbitration after the Limitations Date.
Dispute Resolution System is the apparatus by which a Company freezes a payment due to a Crew Member and informs the Site Administrator and the Crew Member of their dispute. If the Crew Member does not respond to the dispute within 7 days the Company will be issued a refund less the 3.9% Escrow Transaction Fee or a full credit.
If the dispute is not settled within 15 days after the Initiation Date, you agree that if either (a) there are funds in the Escrow Account or (b) it has been less than 30 days since the Release of Escrow Funds for the completion of a job, then you and the Opposing Party (the "Dispute Parties") each has the right for 30 days following the Release of Escrow Funds for any Job, to demand binding, non-appearance-based arbitration to resolve the dispute ("Arbitration"). Any such Arbitration will be conducted by a neutral third-party dispute resolution service that SHOW CREW NETWORK will choose and engage in its sole discretion ("Arbitrator"). If the Opposing Party demands Arbitration in accordance with the foregoing, you agree to submit to such Arbitration in accordance with the SHOW CREW NETWORK Terms of Service. If the amount in dispute is less than $600, the Arbitrator must be a single arbitrator unless both parties request a panel of Arbitrators. If the amount in dispute is $600 or more, the Arbitrator must be a panel unless both parties request a single Arbitrator. You agree that in any such Arbitration: (a) each Dispute Party and SHOW CREW NETWORK will pay one-third of the first $600 of the Arbitrator's fees; (b) each Dispute Party will pay one-half of any amount by which the Arbitrator's fees exceed $600; and (c) each Dispute Party will solely bear and pay any other costs it incurs related to the Arbitration. You hereby agree that SHOW CREW NETWORK will charge your Account, or your credit card, bank account, or PayPal for the amount of the Arbitrator's fees owed by you in accordance with the foregoing. If Crew Member or Company requests binding Arbitration ("Requesting Party"), the other party ("Responding Party") has three business days following receipt of notice from the Arbitrator to submit to such Arbitration. If Responding Party fails to submit to such Arbitration within three business days, SHOW CREW NETWORK will promptly notify Responding Party of such failure and demand that Responding Party submit to such Arbitration within three more business days. If Responding Party fails to submit within three business days after SHOW CREW NETWORK sends such notice, then: (1) Responding Party will be deemed to have agreed to the Release sought by the Requesting Party; (2) if the dispute involves funds held in Escrow, Responding Party will be deemed to have authorized SHOW CREW NETWORK to, and SHOW CREW NETWORK will, make the Release sought by the Requesting Party; and (3) SHOW CREW NETWORK has the right to terminate or suspend the Responding Party's Account.
Failure to Arbitrate.
If Crew Member or Company requests binding Arbitration ("Requesting Party"), the other party ("Responding Party") has three business days following receipt of notice from the Arbitrator to submit to such Arbitration. If Responding Party fails to submit to such Arbitration within three business days, SHOW CREW NETWORK will promptly notify Responding Party of such failure and demand that Responding Party submit to such Arbitration within three more business days. If Responding Party fails to submit within three business days after SHOW CREW NETWORK sends such notice, then: (1) Responding Party will be deemed to have agreed to the Release sought by the Requesting Party; (2) Responding Party will be deemed to have authorized SHOW CREW NETWORK to, and SHOW CREW NETWORK will, make the Release sought by the Requesting Party; and (3) SHOW CREW NETWORK has the right to terminate or suspend the Responding Party's Account. If both Crew Member and Company fail to request binding Arbitration for an unresolved dispute by the Limitations Date in accordance with the Dispute Resolution Process, then Crew Member will be deemed to have instructed SHOW CREW NETWORK, and SHOW CREW NETWORK will, make a Release to the Company. In that case, SHOW CREW NETWORK will deduct an escrow fee of 3.9% of the amount of the Release, whichever is greater, to recover any banking, payment processing, and administrative costs and other costs of receiving and holding funds.
Reminders and Statute of Limitation.
SHOW CREW NETWORK will send periodic reminders to you and the Opposing Party (the "Dispute Parties") to remind you of the ongoing dispute and the need to resolve it prior to the Limitations Date. If the dispute has not been resolved and neither Dispute Party has demanded Arbitration by the Limitations Date, then (1) Crew Member will be deemed to have agreed to the Release sought by the Company; (2) if the dispute involves funds held in Escrow, Crew Member will be deemed to have authorized SHOW CREW NETWORK to, and SHOW CREW NETWORK will, make the Release sought by the Company; (3) SHOW CREW NETWORK has the right to terminate or suspend either or both the Crew Member's and the Company's Account; and (4) any further claims or causes of action in such dispute will be forever barred. The Arbitrator has the power to determine whether the Breach Date entered into SHOW CREW NETWORK's system is correct or if the Limitations Date should be extended or "tolled" due to your reasonable reliance on the Opposing Party's assurances that it would cure the breach.
Release of Escrowed Funds.
If the Job in dispute involved Escrow and the Limitations Date has passed (based on the Breach Date in the SHOW CREW NETWORK System): (1) SHOW CREW NETWORK will send the Dispute Parties notice of its intent to release the funds, and (2) unless you give SHOW CREW NETWORK notice, within 10 days after SHOW CREW NETWORK's notice is sent, that you have claimed in the Arbitration that the Limitation Date has been "tolled" and that your claims are not barred, then: (3) Crew Member will be deemed to have agreed to the Release sought by the Company; (4) if the dispute involves funds held in Escrow, Crew Member will be deemed to have authorized SHOW CREW NETWORK to, and SHOW CREW NETWORK will release such funds. In that case, SHOW CREW NETWORK will deduct an escrow fee of 3.9% of the amount of the Release, whichever is greater, to recover any banking, payment processing, and administrative costs and other costs of receiving and holding funds.
The sole and exclusive evidence admissible in the Arbitration is the contents of the Messaging and Dispute Resolution System. SHOW CREW NETWORK will provide to the Arbitrator access to information in the Messaging and Dispute Resolution System for the dispute. You agree to be responsible for ensuring that the Messaging and Dispute Resolution System contains all of your communications with the Opposing Party related to the dispute. The Dispute Parties must comply with the following rules: (a) the Arbitrator will specify whether the Arbitration will be conducted online, by telephone, or solely based on written submissions posted in the Messaging and Dispute Resolution System; (b) the Arbitration shall not involve any personal appearance by the Dispute Parties or witnesses unless otherwise mutually agreed by the Dispute Parties; and (c) any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. Before the Arbitrator renders its decision in the dispute, each of the Dispute Parties will be allowed to upload to the Messaging and Dispute Resolution System one last closing statement or argument for the Arbitrator related to the dispute.
Once there is an arbitration award, you must send an email to SHOW CREW NETWORK with the case identification information, the usernames of the Dispute Parties and the name of the Job. SHOW CREW NETWORK will then verify the award with Arbitrator.
Noncompliance and Abuse Improperly Filed Claims.
All claims between you and the Opposing Party must be resolved in accordance with the terms on this page. All claims filed or brought contrary to these terms shall be considered improperly filed. Should you file a claim contrary to these terms, the Opposing Party may recover attorneys' fees and costs up to $2,000, provided that the Opposing Party has notified you in writing of the improperly filed claim, and you fail to promptly withdraw the claim.
If you initiate an excessive number of Arbitrations, SHOW CREW NETWORK reserves the right to suspend or terminate your Account immediately upon giving notice to you. However, any disputes for any Jobs that existed prior to termination will be subject to the SHOW CREW NETWORK Terms of Service.
If you are involved in a dispute involving feedback, please refer to the Rating and Feedback System section in the Site Policies to find out in what circumstances SHOW CREW NETWORK will consider removing feedback.