Date of Last Revision: February 5th, 2014

Casting ("Site" or "Company"), offers, via its websites, a wide range of products and services ("Services"). Please review the following terms that govern the use of our Site. Please be advised that use of this website constitutes an agreement by the user (“User” or “Customer”) to follow, adhere to and be bound by the following Terms and Conditions ("Terms").

Attention
This Site and these Terms and Conditions may be changed by Casting with or without notice. Review this link at regular intervals for changes, revisions or modifications. Continued use of the Casting website following any changes constitutes the User's acceptance of the change.

These Terms apply to the Casting website, found at casting.bz, and all its associated sites, links, subsidiaries and affiliates, including Casting sites around the world (collectively, the “Site”). The Site is the property of Casting Call, INC. (“Casting”) and its licensors.

BY USING THE SITE, YOU AGREE TO ADHERE TO THESE TERMS OF USE; IF YOU DISAGREE, CEASE USE OF THE SITE

Disclaimer

The Service and the Sites contain information, facts and opinions from various individuals and organizations. THE SERVICE AND THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR APPROPRIATENESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND NOT CAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER Casting Call, INC. NOR ITS AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SERVICE OR ITS SITES BY ANY USER.

You must be 18 years of age or older to subscribe to the Service. WHILE INDIVIDUALS UNDER THE AGE OF 18 MAY UTILIZE THE SERVICE, THEY MAY DO SO ONLY UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN. Casting is not directed to and does not knowingly collect or solicit information of any nature from anyone under the age of thirteen (13). Further, Casting does not knowingly allow those under the age of thirteen (13) to become a registered User of any of its websites without the express written consent of such user’s parent or legal guardian. Anyone under the age of thirteen (13) is strictly prohibited from providing any information to Casting or within its sites.

If you, as a parent, wish to register your child for Casting services, we require you to provide your e-mail address so that we can send you a confirming message and secure your explicit permission to post information about your child on Casting. We will require the parent’s full name, e-mail address, and credit card or other payment method billing information including mailing address.

Should we discover information has been collected on those under the age of thirteen (13), and without the express written permission of his or her parent or legal guardian, that information will be deleted immediately and permanently. If you believe we have unknowingly collected information, in any form, from or about a child under the age of thirteen (13), please contact us via this form found within our Privacy Help page.

Parental permission is also required for registration of children between the ages of 13 and 18. Once registered such children may provide information on their own, provided however that the parent will have to right to monitor such submissions. We strongly encourage minors between the ages of thirteen (13) and eighteen (18) obtain permission from their parents or guardians prior to transmitting or providing any information about themselves to anyone or any website on or within the Internet.

This User Agreement and any disputes arising out of or related to the Service and the Sites shall be governed by, construed and enforced in accordance with the laws of the State of Illinois.

The Service and the Sites might include bulletin boards and chat rooms that allow Users to post information, provide feedback to Casting and its affiliates and interact with other Users in real-time. You agree to not post or transmit any unlawful, fake, fraudulent, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material that encourages behaviors or conduct that would constitute a criminal offense, violate the rights of another, or otherwise violate any applicable local, state, national or international law. Further, you agree to not post information or correspondence that is not of a professional nature or which contravenes United States Federal and International Trademark or copyright laws and restrictions in any way. For information on U.S. copyright laws, please visit the United States Copyright page.

You will be responsible for, and will indemnify and hold harmless Casting, its subsidiaries, divisions, affiliates, agents and representatives against any claim arising from any material that you post or transmit. Casting and its affiliates reserves the right (but is under no obligation to do so) pre-screen, monitor, filter, review or remove any or all discussions, chats, postings, transmissions, bulletin boards or any other Content from its Sites. Further, Casting reserves the right to change or modify any User's profile information as needed and without notice. You acknowledge that Casting and its affiliates do not control the information available on the bulletin boards and chat rooms and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any bulletin board or in any chat room are those of their respective authors who are solely liable for their content. Casting has guidelines regarding posting of appropriate images, email addresses, content and links.

Unless you have secured permission in writing from Casting, nothing in these Terms shall be considered permission to use any of Casting's trade names, trademarks, service marks, logos, domain name or any other features associated with Casting or its subsidiaries.

Casting IS AN ONLINE ELECTRONIC DATABASE FOR TALENT AND IN NO WAY SHOULD BE CONSIDERED AN EMPLOYMENT AGENCY, CASTING AGENT, AGENCY, MANAGER, PRODUCER OR A PRODUCTION COMPANY. Casting DOES NOT PROCURE, SECURE, GAIN OR RETAIN EMPLOYMENT, JOBS, BOOKINGS OR CASTINGS FOR ITS CLIENTS OR USERS. Casting DOES NOT, IN ANY WAY, REPRESENT CLIENTS, NOR DOES DOES IT GUARANTEE ANY LEVEL OF INCOME, CONTRACTS OR EMPLOYMENT FROM THE USE OF ITS SITES. Casting DOES NOT OFFER ADVICE, MANAGERIAL DIRECTIONS, OR OPINIONS ON ANY CASTING, JOB, ENGAGEMENT OR AUDITION. Casting IS NOT A PHOTOGRAPHER OR PHOTOGRAPHY STUDIO.

The submission and booking service is a free service provided to all Casting members paying for the following:

  • Web Hosting
  • Sub Domain
  • Own Web Page
  • Full Email Capabilities within Casting
  • Entry in Casting’s find talent search when applicable
  • Search Engine Listing
  • Photo Gallery
  • Access to any Premium Services Available at any time and
  • Talent Matching Tools when applicable

Access to casting database and submission services by paying members should be only construed as a tool that offers a convenient way for those talents who wish to invest in their career rather than scouring the many sites available on the Internet for legitimate potential casting calls.

Casting is now, and shall remain, a commercial networking service designed to assist those seeking opportunities in modeling, acting, or other careers within the entertainment industry to get Internet exposure, networking resources and tools to match such talent with available listings of auditions and casting calls. Except as set forth herein, Casting claims no right, title or interest from any User's personal profile content or images uploaded by Users for promotion and/or presentation under these Terms or in any Content its Users submit, post, display or transmit, including any intellectual property rights which subsist in any Content, wherever in the world those rights might exist. User accepts full responsibility for protecting and enforcing his or her rights and Casting is under no obligation to do so for any User. It is the responsibility of the User to abide by this Agreement and Site guidelines. Casting uses various third party payment systems; and each User is encouraged to carefully review any third party's respective Terms of Services and Privacy Policies, as User will be bound by such policies of those third party systems.

Because photographic images, including headshots, and composition cards are often considered the equivalent of a resume in many industries, Users are encouraged to present complete profiles; however, Casting does not print, produce or reproduce any type of images, whether digital or film, for any User, for purposes of selling or reselling photography.

The information in the database and forums are provided for and by Casting members. Casting cannot warrant the accuracy or validity of any information provided by its Users, nor does it guarantee the quality of its members' work. Members may, at their sole discretion, include and/or incorporate: agencies, casting directors, acting schools or institutions, photographers, producers, promoters, actors, models or any others related to the entertainment industry.

The sole purpose of the Site is to provide access to appropriate contacts, sources and connections within the entertainment industry. Users who choose to view and/or make use of Casting, for any reason, shall accept full responsibility for any negative experiences that may occur as a result and Casting shall not be liable for such negative experiences.

Any information, including digital images, resumes or profile information and in any form that is submitted to Casting becomes the property of Casting and shall not be returned. Some information contained on the site is intended for entertainment purposes only and the views and opinions expressed therein are not necessarily those of Casting and therefore, Casting takes no responsibility for such opinions or views.

Upon successful completion of the Site's registration process, Users may receive a password and access to their account. User maintains responsibility for maintaining the confidentiality of their password and other account information and remains fully and solely responsible for all activities that occur through access of his password or account.

Users agree to:

  • A. Immediately notify Casting of any unauthorized access or use of their password or account or any other breach of security, and
  • B. Ensure that they completely exit from their account at the end of each session by logging out of said account. Casting cannot and will not be held liable for any loss or damage arising from unauthorized use of Usernames and/or passwords. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of any account and shall remain the sole discretion of Casting; further, Casting shall refer any suspected abusive or illegal activities to appropriate law enforcement agencies.
  • C. We are not responsible for outages or circumstances beyond our control that hinder access to our site or server such as the following:Network conditions across the internet (outside of our network), such as between your ISP and our data centre, DDoS or other attacks on our servers, problems with your ISP's network, browser or DNS caching issues.Occasionally, servers and related hardware need to be brought down for routine maintenance and upgrades to ensure that our site is performing optimally. We do our best to keep such incidents to a minimum. In case of an outage, any time lost will be added to the contact.

User agrees to use the Casting Services and Sites only for the purposes permitted. Any communication or material posted or transmitted through the Service and/or the Sites shall be treated as non-confidential and non-proprietary.

User assumes full and complete responsibility for anything posted or transmitted, and User grants Casting and its affiliates the right to edit, copy, publish and distribute any information or content posted or transmitted by its Users for any purpose and at any time.

Users who visit links and personal pages acknowledge Casting is not responsible for the accuracy or content of those links or pages. Users agree to not post URLs or any other web links, in any form, to their personal home pages or main profile page that lead to adult sites or pay sites.

Casting reserves the right to remove any references or profiles containing adult sites or pay sites from its sites without notice. As determined by Casting, links to sites, the use of links and web addresses or the use of HTML formatting and scripting in profile types is not permitted within User’s profile. Casting is under no obligation to provide exposure to competing sites through links or other methods in User profiles and will remove those at its discretion and without notice.

The Casting referral system exists with the sole purpose limited to word related offers and inquiries of a general nature related to or potentially leading to work for talent discovery. Promotion of services and goods is not an acceptable use of the referral system. Casting permits only one main member profile per person. Managers, agents, and photographers who have been authorized to post on behalf of their clients may control model and actor profiles in addition to their manager, agent or photographer profile.

Promoting or attempting to recruit escorts, escort services, personal companions or any other synonymous definition of such services is absolutely prohibited by Casting and shall not be tolerated on any level. Solicitation, attempts to recruit or offers of services provided by escorts on the Casting collective sites are also prohibited and any profiles existing to promote or recruit these services in any way shall be immediately and permanently disabled by Casting. This clause includes, but is not limited to: use of the referral system, hyperlinks to external sites promoting escorts, URLs (web addresses) promoting escorts and any other activity that Casting management or staff deems as solicitations, promotions or offers.

Sexually explicit images are absolutely prohibited on Casting. Images include, but are not limited to images of sexual intercourse on any level, obvious sexual arousal such as erections or any sexual positions or those that can be construed as sexual positions, such as genitalia, Refusal or failure to adhere to this restriction will result in the immediate removal of the images and the User's profile shall be permanently disabled. Continuous failures to abide by these guidelines can result in the removal of one's profile with no refund given for breach of these Terms.

Bandwidth theft is not supported by nor tolerated by Casting. Image-linking from any images on any Casting sites to any other sites or inappropriate use of links from other sites to any Casting is strictly prohibited and those found participating in such activities, including content copying or the use of hidden frames or programs used to manipulate page views, will result in the immediate and permanent disabling of User's profile without notification and when necessary, notification of proper local, state or federal law officials shall be made.

Users should be aware that voluntarily disclosure of any personal information, such as User name, passwords, email addresses, on public messaging boards or in chat rooms has the potential of being collected and could result in unsolicited and unwanted attempts to make contact. We encourage our Users to remain vigilant in their efforts while remaining aware of the potential pitfalls of releasing such information. All responsibilities shall be the User's.

Paid subscribers (“Members”) of Casting shall receive regular or random email updates from Casting. Further, Members might also be contacted by other Users who are seeking the possibility of work or who might offer work.

New features, upgrades, member programs, special offers, promotions or other information Casting deems worthy of announcing may be made available to User in the form of an email. Casting attempts to limit email contact; however, when attempts are made and email is returned as undeliverable, we will attempt to locate a correct address from any linked website, and failing that, your profile will be disabled. If you discover your profile has been disabled because of inaccurate contact information, please contact us with the correct information and we will re-activate your profile.

Casting is committed to the safety of its Members. As such, Casting is vigilant in its efforts of catching pedophiles and anyone found stalking minors. We encourage and support law enforcement officials in apprehending pedophiles. If you are seeking to use this site for any illegal purposes (especially those crimes that harm children), you will be caught and every effort will be made on our part to ensure law enforcement has access to any illegal activities committed while using this site.

Casting offers several membership subscription packages.

IF YOUR BANK DECLINES A CHARGE YOU ARE STILL RESPONSIBLE FOR ANY OUTSTANDING CHARGES.

Casting RESERVES THE RIGHT TO CHARGE INTEREST ON ALL PAST DUE ACCOUNTS, AT THE MAXIMUM LEGAL RATE OF THE RESIDENCE OF THE MEMBER, AS WELL AS THE RIGHT TO CHARGE REASONABLE LEGAL FEES IF COLLECTION EFFORTS FAIL.

To cancel your online profile, please refer to any contracts you have signed. For further help you may contact our Member Services department at: clientservices@casting.bz

You must notify Casting regarding any billing concerns or discrepancies within 30 days after they first appear on the statement you receive from your bank or credit card company. If you do not notify us within this time period, you agree to waive the right to dispute such problems or discrepancies with Casting.

NOTICE

Chargebacks/Disputes

If you chargeback or dispute a valid charge and service has been rendered, you agree to pay for collection costs and/or attorney fees should such action be initiated. Disputing a valid charge is a serious and costly matter. All details, including original agreement, Username, IP addresses and access logs bearing members IP addresses, all related Profile tabs, and e-mail addresses may be forwarded to the issuing credit card company's fraudulent activity division, the FBI's credit card fraud division and/or all applicable credit reference agencies. Casting takes credit card fraud seriously and will not tolerate such activities. If any matter requires attention please contact customer service at clientservices@casting.bz.

ARBITRATION

PLEASE READ THIS PROVISION CAREFULLY, AS IT PROVIDES IMPORTANT INFORMATION REGARDING SATISFACTORY DISPUTE RESOLUTIONS VIA BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. THE ARBITRATOR’S DECISION WILL GENRALLY BE FINAL AND BINDING. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES. Any Claim, dispute or controversy between You and Us (or made by or against anyone connected with You or Us, or claiming through You or Us) arising from or relating to Your membership (Claim) including Claims regarding applicability or validity of this arbitration provision, shall be resolved by binding arbitration in accordance with the commercial rules of the American Arbitration Association (AAA) (except for any AAA rules providing for class claims or class arbitration) then in effect, subject to this Membership Agreement. Any Claim regarding the validity or enforceability of the arbitration provision shall be governed by the laws of the State of Illinois without giving effect to any choice of law provisions thereof. This arbitration provision is made pursuant to a transaction involving interstate commerce and, in all other respects, including the determination of any questions about whether Claims are within the scope of this arbitration provision. Arbitration shall be governed by the Federal Arbitration Act, 9U.S.C. 1-16 (FAA) and shall be resolved by interpreting the arbitration provision in the broadest way the law will allow it to be construed. All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other source of law. Claims made and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis. As an exception to arbitration, You and We retain the right to pursue in a small claims court located in the federal judicial district that includes Your billing address at this time of the Claim, any Claim that is within the court’s jurisdiction and proceeds on an individual basis. The arbitration shall be conducted before a single arbitrator applying to the Claims the substantive laws of the State of Illinois without giving effect to any choice of law provisions thereof. The arbitrator’s authority is limited solely to the Claims between You and Us alone. The arbitration will not be consolidated with any other arbitration proceeding. You and We do not agree to any arbitration on a class action or representative basis, and the arbitrator shall not be authorized to treat any Claim on a class action or representative basis. If you prevail in the arbitration of any Claim against Us, We will reimburse you for any fees you paid to the AAA in connection with the arbitration. Any decision rendered will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. Arbitration rules and forms may be obtained from the AAA at www.adr.org Claims shall be filed in any AAA office. However, any participatory hearing that you attend shall take place in Chicago, Illinois and the appropriate court, unless You choose to have the hearing take place in the federal judicial district that includes Your billing address at the time the arbitration Claim is filed. This arbitration provision applies to all Claims now in existence or that may arise in the future.

VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the Terms of Use, by emailing to:
abuse@casting.bz.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that because damages are often difficult, if not impossible, to quantify, and if it becomes necessary for Casting to pursue legal action to enforce the Terms, you will be liable to pay Casting the following amounts as liquidated damages, which you accept as reasonable estimates of Casting's damages for the specified breaches of the Terms of Use:

  • a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Casting one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
  • b. If Casting establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Casting one hundred dollars ($100) for each violation in excess of such limits or for each day on which you access Casting in excess of such limits, whichever is higher.
  • c. If you send unsolicited email advertisements to Casting members through Casting computer systems, you agree to pay Casting twenty-five dollars ($25) for each such email.
  • d. If you post Content in violation of the Terms, other than as described above, you agree to pay Casting one hundred dollars ($100) for each item of content posted. In its sole discretion, Casting may elect to issue a warning before assessing damages.
  • e. If you are a posting agent who uses the Service in violation of the Terms, in addition to any liquidated damages under clause (d), you agree to pay Casting one hundred dollars ($100) for each and every item of content posted in violation of the Terms. A posting agent will also be deemed an agent of the party engaging the posting agent to access the Service (the "Principal"), and the Principal (by engaging the posting agent in violation of the Terms) agrees to pay Casting an additional one hundred dollars ($100) for each item of content posted by the posting agent on behalf of the principal in violation of the Terms.
  • f. If you aggregate, display, copy, duplicate, reproduce or otherwise exploit for any purpose any Content (except for your own Content) in violation of the Terms without Casting's express written permission, you agree to pay Casting three thousand dollars ($3,000) for each day on which you engage in such conduct.
  • Otherwise, you agree to pay Casting's actual damages to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the Terms, Casting retains the right to seek the remedy of specific performance of any term contained in the Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the Terms, or any combination thereof.

Copyright Infringement

PLEASE BE ADVISED THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL AND CRIMINAL PENALTIES.

ANY INQUIRIES OTHER THAN RELATED TO THE DMCA WILL BE DELETED.

As required by the Digital Millennium Copyright Act of 1998 (17 U.S.C. 512 (c)), all notifications of claimed copyright infringement regarding Websites hosted by Casting Call, INC. (www.casting.bz) should be sent ONLY to our designated agent:

Casting Call, INC.


187 E. Warm Springs Rd.
Suite B120
Las Vegas, NV 89119

Legal@casting.bz

If you believe a website linked by Casting Call, INC., or image found on said website infringes a copyright, you must provide the following information to the contact identified above (17 U.S.C. 512) et al as amended):

A physical or electronic signature of the copyright owner or authorized agent; Identification of the copyrighted work(s) claimed to have been infringed; Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information regarding how we may contact you (for example, mailing address, telephone number, E-mail address); A statement that the copyright owner or its authorized agent 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; and A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

User acknowledges and agrees that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Casting, User agrees not to sell, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, license, rent, modify, distribute or create derivative works from such materials or content. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Casting is strictly prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

All materials, software, information, services and products available through this Site are provided as is and as available for use. The content is without warranties of any kind implied or expressed.

Talent Release

Your appearance in a photograph or photographs and video or videos (the “Images”) constitutes your wish to be included in various publications used or to be used, videos used or to be used, and websites used or to be used, (collectively, the “Work”), by www.casting.bz and its affiliates, herein referred to as “Company”. You hereby grant to Company, and its officers, directors, employees, licensees, successors and assigns, and others working for and on its behalf, (collectively “us” or “ours”) the non-exclusive right (but not the obligation), without payment to you, to include the Images in the Work, in any media or format, in all languages, throughout the world, in perpetuity, and to use your name and likeness in connection with the rights granted hereunder.

You agree that you, or any party on your behalf, will not assert any claim against us (including without limitation claims based on invasion of privacy, defamation or right of publicity), in connection with our use of the Photographs and/or Video Images or your name or likeness in the Work.

You will not have the right to rescind this Release or to restrain our publication or use of the Work.

You understand that, at our discretion, you may be accorded model credit in the Work in connection with the Photographs and/or Video Images in which you may appear.

Photographer/Videographer Permission for Use of Photograph(s) & Video Imagest

We have informed you that we are creating and compiling one or more of the following: a printed publication, other brochures, postcards, handouts, publicity pieces, marketing pieces, TV commercials, print ads, promotional video(s), instructional video(s) and websites, (collectively, the “Work”) for www.casting.bz and its affiliates herein referred to as “Company”, consisting in part of certain photographs & /or video images (collectively, the “Work”). We have advised you of our wish to include in the Work photograph(s) or video images (the “Photographs or Video Images”) that you have taken or shot as a photographer or videographer.

This will confirm that for good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge, you hereby grant to us, our respective officers, directors, employees, licensees, successors and assigns, the non-exclusive right to include your Photographs and/or Video Images in the Work, [and to identify you as the photographer and/or copyright proprietor thereof] in any media or format, in all languages, throughout the world and in perpetuity. You shall retain the right to use and authorize others to use the Photographs and/or Video Images. You acknowledge that we shall not be obligated to use or include any Photographs and/or Video Images in the Work.

You represent and warrant that you are the sole owner and proprietor of the rights in and to the Photographs and /or Video Images, that you have the full right and authority to make the grant of rights contained herein and to authorize their use in the Work, and that the Photographs and/or Video Images do not infringe any statutory or common law copyright or any proprietary right of any third party. You further represent and warrant that our use of the Photographs and/or Video Images will not violate any law or obligation you have to any third party, [and that You have secured all necessary permissions from third parties necessary to authorize and permit our use of the Photographs and/or Video Images in the Work as described herein].

You hereby agree to waive any claim you may have against us and our officers, directors, employees, licensees, successors and assigns, based upon our use as set forth above regarding Photographs and/or Video Images and of your name, including, without limitation, any claims for invasion of privacy, libel or copyright infringement. You agree to indemnify us and our officers, directors, employees, licensees, successors and assigns from and against all claims, damages, losses, liability, fees and expenses (including, without limitation, attorneys’ fees) arising out of the breach or alleged breach of any representation, warranty or agreement made by you hereunder.

Safety

Safety is a priority and extensive safeguards are in place to ensure the Casting website(s) are safe; however, no guarantees are implied. Your commitment to further these efforts is crucial and includes, at a minimum:

  • You will not send or otherwise post unauthorized commercial communications to Users (such as spam or offensive email correspondence).
  • You will not collect Users' information, or otherwise access Casting, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our written permission.
  • You will not upload viruses or other malicious code.
  • You will not solicit login information or access an account belonging to someone else.
  • You will not bully, intimidate or harass any User.
  • You will not post content that is hateful, threatening, pornographic, racist or that contains nudity or graphic or gratuitous violence.
  • You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
  • You will not use Casting to participate in any unlawful, misleading, malicious, or discriminatory activities.
  • You will not facilitate or encourage any violations of this Statement.

Registration and Account Security

Casting Users provide their real names and information. Although the User ultimately determines who has access to identity-revealing information, we are required to maintain true identities within our databases. The commitments you make to us regarding the registration and maintenance of security of your account:

  • You will not provide any false personal information on Casting, nor create an account for anyone other than yourself without permission.
  • You will not use Casting if you are under 13.
  • You will not use Casting if you are located in a country embargoed by the United States or are on the U.S. Treasury Department's list of Specially Designated Nationals.
  • You will not use Casting if you are a convicted sex offender.
  • You will ensure your contact information is accurate and current.
  • You will not share your password, allow others access to your account or participate in any other activities that could potentially jeopardize the security of your account.
  • You will not transfer your account to anyone without first obtaining Casting's written permission.

Protecting the Rights of Others

Casting and its representatives respect the rights of other people and expect our Users to do the same. You shall not post content or take any action on Casting that infringes another's rights or otherwise violates the law. We maintain the right to remove any content you post on Casting if we believe it is in violation of this Statement.

If we removed your content for infringing someone else's copyright, and you believe it was removed in error, we will provide you the opportunity to appeal. If you repeatedly infringe other's intellectual property rights, we will disable your account when we deem appropriate. You will not use our intellectual property (including Casting, the Casting and CH Logos) without our written permission.

If you collect information from Users, you shall, prior to doing so: obtain their consent, ensure you clearly state you, and not Casting, are the one collecting the information, and further, post a privacy policy explaining what information you collect and how you will use it. You will not post anyone's identifiable documents or sensitive financial information on Casting.

Amendments

Casting and its affiliates reserves the right to alter or change this statement at will, provided we notify you through Casting (unless you opt-out of such notice) and an opportunity to comment within a reasonable time period.

We may make changes for legal or administrative reasons upon notice without opportunity to comment.

Termination

If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can and will cease your access to all or part of Casting. We will generally make a good faith attempt at notifying you; however, we are under no obligation to do so. You may also delete your account or disable your application at any time.

OUR GOAL IS TO ENSURE Casting IS ONLINE, VIRUS FREE AND SAFE; HOWEVER, USERS ACCESS AT THEIR OWN RISK. Casting IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT Casting WILL BE SAFE OR SECURE. Casting IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR Casting, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR Casting WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Casting'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.NEITHER Casting, NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE ON THE SERVICE AND THE SITES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE AND THE SITES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST Casting, AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS.

Additional Definitions

By "Casting" we mean the features and services we make available, including through (a) our website at casting.bz and any other Casting branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform; and (c) other media, devices or networks now existing or later developed.

By "us," "we" and "our" we mean Casting Call, Inc. and/or its affiliates.

By "Content" we mean the content and information you post on Casting, including information about you and the actions you take.

By "post" we mean post on Casting or otherwise make available to us.

By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

Other

This Statement makes up the entire agreement between the parties regarding Casting, and supersedes any prior agreements. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of this Statement, it will not be considered a waiver. Any amendment to or waiver of this Statement must be made in writing and signed by us. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

This Statement does not confer any third party beneficiary rights.

Casting © 2020