TERMS OF USE

ACCEPTANCE OF TERMS; ELIGIBILITY

1.1 Acceptance

By accessing or using the Platform, you agree to be bound by these Terms. These Terms create a legal agreement between you and SMASHCAM and apply to all uses of the Platform, regardless of whether you are browsing, registered, subscribed, participating as talent, or using production-related features.

1.2 Eligibility

You can only use the Platform if you're legally allowed to enter into a contract where you live. By using it, you're confirming that you meet that requirement, nothing legally prevents you from using the Platform, you'll follow all applicable laws while using it, and the information you provide is accurate and kept current.

If you're using the Platform for a business or organization, you're confirming that you have permission to agree to these Terms on its behalf. In that situation, both you and the organization are responsible under these Terms.

1.3 Minors

The Platform is designed for use by adult professionals. Individuals under eighteen (18) may not create accounts, make purchases, or otherwise use the Platform on their own. Any permitted use by a minor must occur through a parent or legal guardian and in accordance with our current procedures.

1.4 Parent and Guardian Responsibility

Any parent or guardian who creates, manages, or permits a minor's use of the Platform agrees to monitor that use and assumes full responsibility for the minor's conduct, compliance, communications, profile content, submissions, and any fees or charges incurred.

1.5 Changes to These Terms

We may change these Terms from time to time. When we do, we'll post the updated version on the Platform and update the effective date. If you keep using the Platform after the changes go live, that means you accept them.

1.6 Additional Policies

Certain parts of the Platform may be subject to additional guidelines or supplemental terms. In the event of a conflict, the feature-specific terms will control solely with respect to that feature.

1.7 No Guarantee of Continued Availability

We may modify, suspend, discontinue, or restrict any aspect of the Platform at any time, with or without notice.

PLATFORM SERVICES; MARKETPLACE NATURE

2.1 Nature of the Platform

The Platform operates as a technology-enabled marketplace and hosting service that allows users to create professional profiles, present credentials, search for opportunities, and communicate with other users in the entertainment and production industries. The Platform functions solely as technology service and marketplace infrastructure.

2.2 No Talent Agency or Representation

SMASHCAM and the BLACKPAW platform operate solely as a technology provider and do not act as a talent agent, manager, representative, or fiduciary for any user. We do not secure employment opportunities, negotiate agreements, provide career management services, or represent any user in any professional capacity.

2.3 No Employment Relationship

2.4 No Guarantee of Work or Results

We do not guarantee that any user will receive auditions, offers, or employment; that any profile will be viewed or contacted; that any listing is legitimate, accurate, or suitable; or any particular outcome from use of the Platform.

2.5 User Interactions and Transactions

You are solely responsible for evaluating the identity, qualifications, legitimacy, and intentions of any person or entity you interact with through the Platform. SMASHCAM does not verify all users or content on the Platform.

PLATFORM CONTENT; VERIFICATION SERVICES

3.2 Paid Features and Subscriptions

Accessing certain features may require payment, including profile creation fees, subscription tiers, enhanced visibility tools, and other premium services. Payment does not guarantee visibility, placement, engagement, or professional opportunities.

3.4 Verification Services (Including Veteran Status)

The Platform may offer optional verification services, including verification of military or veteran status. By using any verification feature, you acknowledge that verification may rely on information provided by you and/or third parties; SMASHCAM does not guarantee the accuracy or completeness of any verification result; verification status may change, expire, or be revoked at any time.

OWNERSHIP; INTELLECTUAL PROPERTY

"SMASHCAM," "BLACKPAW," "BLACKPAW Real Military Actors," and all related names, logos, trademarks, service marks, and branding elements are owned exclusively by SMASHCAM or its licensors. Nothing in these Terms grants you any right to use SMASHCAM or BLACKPAW branding without prior written consent.

You may not copy, reproduce, distribute, scrape, reverse engineer, or use automated tools against the Platform, or use the Platform to build competing services.

USER CONTENT; LICENSE

You are solely responsible for your User Content and represent that you own or have rights to use it, it does not infringe any third-party rights, and it complies with applicable laws. By submitting User Content, you grant SMASHCAM a worldwide, non-exclusive, royalty-free license to host, display, reproduce, and distribute your content in connection with operating the Platform.

THIRD-PARTY SERVICES

Any interaction, agreement, or transaction you engage in through the Platform is directly between you and the other party. SMASHCAM does not participate in or assume responsibility for such arrangements, including matters related to hiring decisions, payment, contractual terms, disputes, or any resulting damages.

ACCEPTABLE USE

You are expected to use the Platform in a lawful and responsible manner. Prohibited activities include impersonation, misuse of another person's information, infringement of intellectual property or privacy rights, sending unsolicited promotions, collecting user data without permission, introducing malicious code, attempting unauthorized access, or using automated tools to extract data.

COPYRIGHT (DMCA)

If you believe material on the Platform violates your copyright, send a notice to our designated agent at info@militaryactors.com with sufficient detail including your contact information, description of the protected work, identification of the material, and statements confirming good faith belief and accuracy.

USER ACCOUNTS

You are responsible for keeping your login information secure and for all activity under your account. Account access is personal and may not be shared or transferred. We may suspend or terminate accounts for violation of these Terms or risk to other users.

FEES, SUBSCRIPTIONS, PAYMENTS

Certain features require payment. Unless otherwise stated, fees are non-refundable and do not guarantee any particular outcome including visibility, engagement, or professional opportunities. Subscriptions automatically renew unless cancelled before the end of the current billing period. We may change pricing at any time with notice.

ADDITIONAL TERMS; PLATFORM CHANGES

We may change, suspend, or discontinue any part of the Platform at any time without liability. SMASHCAM will not be liable for delays or failures resulting from causes beyond our reasonable control, including acts of God, internet failures, cyberattacks, or governmental actions.

ENTIRE AGREEMENT

These Terms, along with the Privacy Policy and any applicable supplemental terms, set out the full agreement between you and SMASHCAM. If any part of these Terms is determined invalid or unenforceable, it will be adjusted only to the extent necessary, and the rest will continue to apply.

EQUIPMENT & ACCESS

You are responsible for obtaining and maintaining all equipment, software, and internet access necessary to use the Platform and for any fees charged by third-party providers in connection with such access.

DISPUTE RESOLUTION; ARBITRATION

15.2 Informal Resolution First

Before initiating arbitration, the parties agree to attempt to resolve the dispute informally for at least thirty (30) days via written notice.

15.3 Arbitration Process

Arbitration will be administered by a recognized arbitration provider (such as the American Arbitration Association) under its applicable rules, conducted in Massachusetts or remotely at either party's election.

15.5 Class Action Waiver

Disputes must be brought on an individual basis only. You may not participate in a class action, collective action, or representative proceeding.

GOVERNING LAW

Massachusetts law applies to these Terms and any disputes connected to them, without considering conflict of law rules.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, SMASHCAM and its affiliates are not responsible for indirect or consequential losses including lost profits, loss of data, missed opportunities, or harm to business relationships.

SMASHCAM's total liability for any claim related to the Platform will be limited to the greater of: (a) the amount you paid to us during the twelve (12) months before the claim arose, or (b) one hundred dollars ($100) if no fees were paid.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless SMASHCAM and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or related to your use of the Platform, your User Content, your interactions with other users, your violation of these Terms, or your violation of any law or third-party rights.

DISCLAIMER OF WARRANTIES

The Platform and related services are provided on an "as is" and "as available" basis. To the extent permitted by law, SMASHCAM does not provide any warranties, whether express or implied, including warranties of merchantability, suitability for a particular purpose, or accuracy and reliability of content.

CASTING SAFETY; FRAUD AWARENESS

23.1 Platform Role

The Platform is a neutral marketplace. SMASHCAM does not independently verify all users, listings, or communications. You are solely responsible for evaluating the legitimacy of any casting call, the identity of any user, and the safety of any engagement.

23.3 Common Fraud Risks

Be aware of: requests for upfront payments or deposits; unusually lucrative or unrealistic offers; attempts to move communication off-platform; requests for sensitive personal or financial information; and impersonation of legitimate companies.

23.6 No Liability for User Conduct

To the fullest extent permitted by law, SMASHCAM is not responsible for the actions or misconduct of any user, any losses arising from user interactions, or any reliance on information made by other users.

VERIFICATION TRANSPARENCY; TRUST INDICATORS

24.1 Purpose

The Platform may provide optional verification indicators, badges, or designations including military or veteran status. These indicators are intended solely as informational tools and do not constitute endorsements, guarantees, or certifications.

24.3 Scope of Verification

Verification indicators are limited strictly to the specific attribute being verified and do not represent professional skill level, experience, reliability, trustworthiness, suitability for any role, or compliance with any legal or contractual requirements.

24.5 Dynamic and Revocable Status

Verification status may be modified, suspended, or removed at any time if underlying information changes, documentation is incomplete or inaccurate, or SMASHCAM determines continued display is inappropriate.

SURVIVAL; INTERPRETATION

Provisions relating to intellectual property, user content, disclaimers, limitations of liability, indemnification, dispute resolution, and payment obligations survive termination of your use of the Platform. You may not assign your rights under these Terms without our prior written consent.

CONTACT INFORMATION