Terms & Conditions
These Terms & Conditions (“Legal Terms”) govern your access to and use of the Ultimate Performer website and related services. Please read them carefully.
Company: Estilo Inc, doing business as The Ultimate Performer (“Company”, “we”, “us”, “our”), 110 SE 6th St, Fort Lauderdale, FL 33301, USA.
Website: https://www.theultimateperformer.com
Contact: auditions@theultimateperformer.com
By using our Services, you agree to these Legal Terms. If you do not agree, please discontinue use immediately. The Services are intended for users who are at least 18 years old.
On this page
1. Our Services
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Users accessing the Services from other locations do so on their own initiative and are responsible for compliance with local laws where applicable.
The Services are not tailored to comply with industry‑specific regulations (e.g., HIPAA, FISMA). You may not use the Services in a way that would violate such laws or the Gramm‑Leach‑Bliley Act (GLBA).
2. Intellectual Property Rights
Our intellectual property. We own or license all intellectual property in the Services, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (the “Content”), as well as the trademarks, service marks, and logos (the “Marks”). Our Content and Marks are protected by applicable laws worldwide.
Your license to use the Services. Subject to these Legal Terms, we grant you a limited, non‑exclusive, non‑transferable, revocable license to access the Services and download/print portions of the Content for personal, non‑commercial or internal business use only. No other rights are granted.
Requests for additional permissions may be sent to auditions@theultimateperformer.com. Any breach of this section terminates your right to use the Services immediately.
Your submissions. By sending us questions, comments, ideas, or feedback (“Submissions”), you assign to us all intellectual property rights in such Submissions and agree we may use them for any lawful purpose without compensation to you. You warrant your Submissions are lawful, non‑confidential, and original to you.
3. User Representations
By using the Services, you represent and warrant that: (1) you have legal capacity and agree to comply with these Legal Terms; (2) you are not a minor in your jurisdiction; (3) you will not access the Services via automated or non‑human means; (4) you will not use the Services for any illegal purpose; and (5) your use will not violate any law or regulation.
4. Prohibited Activities
You agree not to engage in activities including, but not limited to: data scraping; attempting to bypass security; infringing our or others’ rights; uploading malware; automated system use; harassment; reverse engineering; unauthorized commercial use; or competing with the Services. See full list in your provided Legal Terms; those prohibitions are incorporated here by reference.
5. User Generated Contributions
The Services do not currently offer users the ability to submit or post content publicly. If this changes, applicable contribution terms will be posted and incorporated.
6. Contribution License
You agree we may access, store, process, and use information you provide in accordance with our Privacy Policy. Suggestions or feedback may be used and shared for any purpose without compensation.
7. Services Management
We may monitor the Services for violations, take appropriate legal action, restrict access, remove content, and otherwise manage the Services to protect our rights and ensure proper functioning.
8. Privacy Policy
We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to its terms, including data transfer to the United States where applicable.
9. Term and Termination
These Legal Terms remain in effect while you use the Services. We may deny access to anyone for any or no reason, including for breach of these Terms. We may terminate use or delete content without notice. Attempting to register again after termination is prohibited.
10. Modifications and Interruptions
We may change, modify, or remove contents of the Services at any time. We are not liable for modifications, price changes, or discontinuance. Availability is not guaranteed and downtime may occur.
11. Governing Law
These Legal Terms are governed by the laws of the State of Florida, without regard to conflict of laws principles.
12. Dispute Resolution
Informal Negotiations. Parties agree to attempt to resolve disputes informally for at least 30 days before initiating arbitration.
Binding Arbitration. If unresolved, disputes will be resolved by binding arbitration under the Commercial Arbitration Rules of the AAA and, where applicable, the AAA Consumer Rules. Venue: Florida, USA. In no event shall any dispute be brought more than one (1) year after the cause of action arose.
Restrictions. Arbitration shall be limited to the parties individually; no class actions or representative proceedings.
Exceptions. Disputes concerning intellectual property rights, theft, privacy invasion, unauthorized use, or claims for injunctive relief may proceed in court.
13. Corrections
Information on the Services may contain errors or omissions. We reserve the right to correct such issues and update information at any time without prior notice.
14. Disclaimer
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. YOUR USE IS AT YOUR SOLE RISK.
15. Limitations of Liability
IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. Indemnification
You agree to defend, indemnify, and hold us harmless from any claims arising out of your use of the Services, breach of these Legal Terms, violation of third‑party rights, or harmful acts toward other users.
17. User Data
We maintain certain data related to the Services. You are responsible for all data you transmit. We are not liable for any loss or corruption of data.
18. Electronic Communications, Transactions, and Signatures
You consent to electronic communications and agree that electronic agreements, notices, and records satisfy any legal requirements for written communication. You agree to electronic signatures and records.
19. SMS Text Messaging
Message Frequency. If you consent to receive SMS, you agree to receive audition information messages from us. Reply STOP to opt‑out; HELP for support. Message & data rates may apply; frequency may vary.
Opting Out. Reply “STOP” to any message to opt out. You may receive a confirmation SMS.
Support. Email auditions@theultimateperformer.com for assistance.
20. California Users and Residents
If any complaint is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; (800) 952‑5210 or (916) 445‑1254.
21. Miscellaneous
These Legal Terms and policies posted on the Services constitute the entire agreement between you and us. If any provision is unlawful or unenforceable, the remaining provisions remain in effect. We may assign our rights at any time. No waiver shall be deemed a continuing waiver.
22. Contact Us
To resolve a complaint or receive further information about the Services, contact:
Estilo Inc d/b/a The Ultimate Performer
110 SE 6th St.
Fort Lauderdale, FL 33301, United States
auditions@theultimateperformer.com