MyEP Crew & Talent Portal User Terms and Conditions
BY ACCESSING OR USING THE SITE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE USER TERMS AND CONDITIONS. If you do not agree to all of the Terms, you are not authorized to access or otherwise use the Site (as defined below) and must immediately leave the Site or close your browser.
SITE OVERVIEW. The Site is available only to users who have a registered User ID and Password and who are actively receiving, or have recently received, wages or compensation from Entertainment Partners (“EP”) for services provided to a production company employer. If you do not have a valid registered User ID and Password, you are not authorized to use or access the Site and must immediately leave the Site or close your browser. EP is providing you with access to the information and services on the Site under these terms and conditions (“Terms”). The “Site” shall refer to the website which makes available certain EP information and services (the “Services”) to individual and entity users as authorized by EP.
USERS. On the Site, you will be able to access certain payroll-related information and documents made available to you by EP. These Services may permit you to (1) access pay and tax reporting information (e.g., U.S. Form W-2) and (2) update your personal information, including your residence/address. You acknowledge that EP shall be entitled to rely upon any changes to your personal information for payroll check and tax reporting information and mailing purposes. You acknowledge and agree that it is your responsibility to submit accurate information relating to any personal information and acknowledge that EP shall not verify the accuracy and completeness of any such personal information. You also acknowledge that this Site is provided as a convenience for you to access certain payroll-related information and is not intended to serve as a substitute for any paystubs issued by EP to you which shall govern in the event of any inconsistencies between this Site and your paystub. This Site and any information contained in it shall not be considered to constitute a paystub as that term is defined and regulated in various state wage hour laws. EP makes no representations or warranties regarding the accuracy of the data in this Site.
You acknowledge and understand that EP is merely making the Site available and is not acting as an investment advisor, broker-dealer, insurance agent or intermediary or a financial or benefit planner or tax advisor.
You acknowledge that EP is not rendering legal advice or other professional services. While every effort is made to provide current information, the law changes regularly and laws may vary depending upon the country, state, province or municipality. The materials in the Site are made available for informational purposes only and are not a substitute for legal advice or your professional judgment. You should review applicable law in your jurisdiction and consult counsel for legal advice. You assume all responsibility for and risk arising from your use of and reliance upon the contents of the Site.
You may from time to time provide suggestions, comments or other feedback (“Feedback”) to EP with respect to the Site, Services and/or related documentation. All Feedback shall be provided voluntarily and shall not, absent a separate written agreement, create any confidentiality obligation for EP. EP may use, disclose, reproduce, license or otherwise distribute any Feedback it receives at its discretion.
REGISTRATION AND PASSWORD. In order to access and use the Site, you must provide your current User ID and Password. You agree to take any and all actions necessary to maintain the privacy of your User ID and Password, including, without limitation, safeguarding your User ID and Password in a private and secure place, adopting special precautions when accessing the Site from a computer that is available for use by other users and exiting from the Site at the end of each session. In the event that you have reason to believe that a third-party has access to your account, you should immediately change your Password. You agree not to adopt any obscene, vulgar or profane User ID or password.
LAWS AND REGULATIONS. Access to and use of the Site (including the Services) is subject to all applicable international, federal, state, provincial and local laws and regulations. You agree to abide by these laws and not use the Site (including the Services) in any way that violates such laws or regulations.
PRIVACY. Any personal information provided to EP through the Site is subject to the EP privacy statement located at www.ep.com/privacy.
SECURITY. Data transmitted to and from the Site is encrypted for the user’s protection. However, the security of information transmitted through the Internet can never be guaranteed. EP is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. You are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of EP sites. In order to protect you and your data, EP may suspend your use of the Site, without notice, pending an investigation, if any actual or attempted breach of security is suspected.
COPYRIGHTS AND TRADEMARKS. The Site is the sole and exclusive property of EP or its licensors, and is protected by copyright, trademark, and other intellectual property laws. Users may not use the trademarks, logos and service marks (“Marks”) found on the Site for any purpose, including, but not limited to, use as “hot links” or meta tags in other pages or sites on the World Wide Web, without the prior written permission of EP or such third-party that may own the Mark.
USE OF SITE NOT TRANSFERABLE/ASSIGNABLE. The right to use the Site (including the Services) is personal to each user that is authorized to use the Site and is not transferable by such user by assignment, sublicense, or any other method to any other person or entity. Any attempt by a user to transfer such user’s rights shall be void and shall constitute a breach of these Terms.
OFFENSIVE, DESTRUCTIVE OR INAPPROPRIATE USE. You shall not exploit the Site or the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that EP is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.
YOUR REPRESENTATIONS. You represent, warrant and covenant that: (a) you are authorized to access and use the Site; (b) all instructions and information you enter into the Site related to the Services will be accurate and complete; (c) you will verify and remain solely responsible for all instructions and information entered into the Site related to the Services; (d) you will not upload, transmit, distribute or otherwise publish through the Site any materials that contain a virus, worm or other harmful component or that would cause the Site to malfunction; and (e) you will not decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the Software or other copyrighted or trademarked material, trade secrets or other proprietary information contained in the Site.
LINKS FROM THIRD-PARTY SITES. EP prohibits unauthorized links to the Site and the framing of any information contained on the Site or any portion of the Site. EP reserves the right to disable any unauthorized links or frames. EP has no responsibility or liability for any material on other Web sites that may contain links to the Site.
LINKS TO THIRD-PARTY SITES; OTHER CONTENT; THIRD-PARTY SERVICES. The Services may display, include or make available, content, data, information, applications or materials from third-parties or provide links to certain third-party web sites. Third-party materials and links to other web sites are provided solely as a convenience to you. You acknowledge and agree that EP is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such third-party materials or web sites. EP does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, third-party materials or web sites, or for any other materials, products, or services of third-parties. You also agree that any third-party charges that are necessary to use the Site, such as Internet charges and service provider charges, are your responsibility and not that of EP. You understand that by using any of the third-party services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use such services at your sole risk and EP shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. EP DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT, INFORMATION OR SERVICE OFFERED BY A THIRD-PARTY THROUGH THE SITE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN ANY USER OF THE SITE AND ANY SUCH THIRD-PARTY PROVIDER.
NO WARRANTIES. EP AND ITS LICENSORS MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO THE SITE, ANY LICENSED APPLICATION AND SERVICES. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND ANY LICENSED APPLICATION (INCLUDING THE SERVICES) IS AT YOUR OWN RISK. THE SITE (INCLUDING THE SERVICES) IS PROVIDED SOLELY ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. EP AND ITS LICENSORS MAKE, AND YOU RECEIVE, NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE. EP AND ITS LICENSORS EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NONINFRINGEMENT. NEITHER EP NOR ITS LICENSORS WARRANTS THAT THE OPERATION OF THE SITE (INCLUDING THE SERVICES) SHALL BE UNINTERRUPTED, FREE OF VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER MALICIOUS CODE, ERROR FREE OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT. EP AND ITS LICENSORS FURTHER DISCLAIM ANY WARRANTY THAT THE RESULTS OBTAINED THROUGH THE USE OF THE SITE WILL MEET YOUR NEEDS.
LIMITATION OF LIABILITY. TO THE GREATEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL EP OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, (I) LOSSES ARISING FROM THE FAILURE TO RECEIVE ANY BENEFITS, (II) ANY TRADING LOSSES, (III) LOSSES ARISING FROM THE USE OR THE INABILITY TO USE THE SITE (INCLUDING THE SERVICES), (IV) LOSSES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) LOSS OF INFORMATION, PROGRAMS OR OTHER DATA THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THE SITE (INCLUDING THE SERVICES) OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET. THIS LIMITATION OF LIABILITY SHALL BE IN FULL FORCE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADP OR ITS LICENSORS HAD PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION. You agree to indemnify and hold harmless EP and its licensors, directors, officers, employees, and agents from and against any and all claims by any third-party whatsoever arising under, in connection with, or relating to your breach of these Terms.
ACCESS TO PASSWORD PROTECTED/SECURE AREAS. Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.
TERMINATION. The Site and Services may be discontinued, temporarily or permanently, by EP at any time without notice to users. EP shall not be liable to any user or to any third-party for any suspension or discontinuance of the Site or the Services. Your rights to access the Site and Services shall terminate if you have not recently received a payroll check from EP. Upon termination of your access to the Site and Services, you shall cease use of the Site or Services.
CHANGES TO SERVICE AND TERMS. EP is not responsible for any technical inaccuracies or typographical errors that may be contained in these Terms. EP reserves the right to change these Terms in its sole discretion at any time. Any such changes to the Terms will become effective immediately upon being posted on the Site. You will be able to view the changed Terms by clicking or tapping on the link for Terms and Conditions after you log in and your continued use of the Site shall constitute acceptance of such changed terms. The Site and any Services may be modified, temporarily or permanently, by EP at any time without notice to you. You agree that EP shall not be liable to you or to any third-party for any modification of the Site and/or the Services.
TRANSMISSIONS OF DATA. You acknowledge that transmissions to and from the Site could be read or intercepted by others. You acknowledge that by submitting communications through the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and EP other than as expressly provided by these Terms. Data that you transmit through the Site may be accessed and/or processed by EP, its affiliates or its trusted third-party vendors within the U.S. or outside the U.S. in connection with the provision of Services. By your use of the Site and your transmitting your personal information and other data, you consent to the use of your personal information and other data as required by EP to provide these Services.
CONSENT TO USE OF DATA. You agree that EP may collect and use data and related information, including but not limited to your personal data that you provide to facilitate the provision of software updates, product support and other services to you (if any) related to the Site and Services. EP may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
GOVERNING LAW. THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED ACCORDING TO THE LAWS OF THE STATE OF CALIFORNIA, EXCLUDING ITS CONFLICTS OF LAWS RULES, REGARDLESS OF WHERE ANY ACTION MAY BE BROUGHT. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN LOS ANGELES COUNTY IN THE STATE OF CALIFORNIA. NOTWITHSTANDING ANYTHING TO THE CONTRARY ABOVE, IF YOU AND YOUR EMPLOYER ARE LOCATED IN CANADA, THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF ONTARIO, AND THE FEDERAL LAWS OF CANADA, APPLICABLE THEREIN, EXCLUDING ANY CONFLICTS OF LAWS RULES, REGARDLESS OF WHERE ANY ACTION MAY BE BROUGHT. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE PROVINCE OF ONTARIO.