TERMS AND CONDITIONS

This service is provided by LINK DIRECTORY LIMITED T/A Movie Extras, of 2 The Courtyard, Ardmore Studios, Bray, County Wicklow. Please read this Agreement carefully as it sets out your rights and obligations with respect to use of the services provided by LINK DIRECTORY LIMITED T/A Movie Extras. This Agreement (the "Agreement") is a legal Agreement between you (the "Artist") and LINK DIRECTORY LIMITED T/A Movie Extras ("MovieExtras"). By subscribing to the service or services provided by MovieExtras you agree to the following terms and conditions.

This Agreement constitutes the entire understanding and Agreement between the Artist and MovieExtras with respect to the subject matter hereof. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby. MovieExtras shall not be liable for any delay or failure in performance under this Agreement or interruption of service resulting from acts of God, civil or military authority, war, labour disputes, materials provided by third parties, or any cause beyond the reasonable control of MovieExtras. Except as described herein, the Artist may not assign this Agreement without MovieExtras's consent.

Use of MovieExtras's services is at the subscriber's own risk. MovieExtras and its business associates provide MovieExtras services on an "as is," basis without warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement or that MovieExtras services is free from defects, merchantable or fit for a particular purpose. This disclaimer of warranty constitutes an essential part of this agreement. MovieExtras makes no warranty that the services will meet Artist's requirements, or that the services will be uninterrupted, timely, secure, or error free; nor does MovieExtras make any warranty as to the results that may be obtained from the use of the services or as to the accuracy or reliability of any information obtained through the services or that defects in the services will be corrected.

MovieExtras reserves the right to vet all applicants wishing to join the MovieExtras service. This may include, but is not limited to requesting character references from people involved in the Film Industry.

MovieExtras reserves the right to refuse membership for its services. MovieExtras will not enter into discussion as why membership is refused and MovieExtras decision is final. Should MovieExtras refuse an application, MovieExtras will refund the fees submitted to MovieExtras.

The Artist grants to MovieExtras all necessary performer consents including consent under the Performers Protection Act 1968 and otherwise (the Artists signature on the application form being deemed to be his/her written consent for this purpose) to enable MovieExtras to distribute the Artists entry

In no event will MovieExtras or its employees, distributors, distributees, suppliers, business associates, advertisers, directors or agents (collectively "affiliates") be liable for any indirect, special, incidental or consequential damages arising out of the use, installation or the inability to use MovieExtras, even if MovieExtras or its affiliates have been advised of the possibility of such damages. In any event, MovieExtras's entire liability under this agreement shall not exceed the revenue received by MovieExtras (if any) attributable to the subscriber's use of MovieExtras's services or website.

The Artist may terminate this Agreement at any time by notifying MovieExtras in writing to the above address. MovieExtras may terminate this Agreement at any time for any reason, with or without prior notice. No refunds will be issued and MovieExtras shall have no further liability to the Artist whatsoever. Should the Artist object to any terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with MovieExtras's services in any way, the Artist's only recourse is to discontinue immediately use of the Services. Without restricting MovieExtras's ability to rely on other remedies that may be available to MovieExtras, MovieExtras will suspend or terminate the Artist's account at MovieExtras's absolute discretion if: MovieExtras suspects the Artist is breaching any term of this Agreement or MovieExtras suspects the Artist is acting in a manner that is detrimental to the conduct of MovieExtras's business.

MovieExtras reserves the right of sole discretion to modify or discontinue the services offered by MovieExtras, or any portion thereof, at any time, with or without notice to the Artist. MovieExtras shall not be liable to the Artist or any third party should MovieExtras exercise its right to modify or discontinue the services offered by MovieExtras. No refunds will be granted to Artists in this instance.

The Artist undertakes when working for the Database User (normally a production company) as far as possible to comply with the punctuality and other reasonable requirements of the database user and to conduct themselves in a proper and professional manner. If MovieExtras obtains any complaints in relation to the work of the Artist whether arising out of failure to turn up, punctuality, conduct or otherwise MovieExtras shall be entitled to decide to remove the Artist from the Database and MovieExtras 's decision shall be final. No refund of any fees paid for services provided will be made in that event.

MovieExtras will keep the Extra's entry on the Database for a period of one year. MovieExtras reserves the right to terminate Artists accounts following the expiry of the subscription period and to delete all information and files on these accounts if the Artist does not renew the subscription. The Artist can renew the subscription within 14 days, following the expiry date of the subscription period.

Offers of work to the Artist will be communicated to the Artist by the Database User (normally a Production Company or Agency or MovieExtras). MovieExtras undertakes to use all reasonable endeavours to promote the Database. However, MovieExtras cannot guarantee the number of times that the Artist's entry will be reviewed by users of the database nor the amount of work the Artist may obtain as a result of the entry on MovieExtras's Database. MovieExtras shall use all reasonable endeavours to ensure that only third parties with the intent to recruit extras for particular productions will access the Database. In order for MovieExtras's product offering to function properly the Artist's contact information and personal information is always available to users of the database, and such users are entitled to share such information (including, without limitation, by forwarding portfolio URLs containing contact and portfolio information, which forwarded portfolio URLs will be accessible to persons other than the users) for project specific professional purposes.

On registration you are requested to upload or submit a photograph. It is compulsory to do this. All photographs are checked on being uploaded to the site. No photographs other than personal photos clearly displaying your face, will be permitted on the site. Photos of poor quality, copyrighted photos, celebrity photos or photos, which are deemed offensive, violent or obscene, may be removed. MovieExtras reserves the right, to reject or remove any photograph that do not comply with these Terms or where we judge the photo not to be of a good standard. If you submit a photograph by post, you agree to take full responsibility for the photograph, and in no way can or will MovieExtras be liable for the said photograph. You grant MovieExtras permission to use your photo anywhere on the Site or in on any literature, brochures, letters and any other material of a marketing or sales nature, which Movie Extras may commission or use from time to time.

MovieExtras accepts no responsibility and shall not be liable for any consequences that are alleged to have occurred through the Artist's use, or misuse, of MovieExtras's services. MovieExtras does not grant any express or implied right to the Artist in any intellectual property rights or secret information held on its servers or belong to MovieExtras.

September 2003