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Terms of Use

The following changes have been made to the recently updated Terms of Use:

  • Updated the media storage definitions and information including that storage limits may applied to plans
  • Updated the Fees and Billing information section to clarify the terms for changes to plans and your usage of these
  • Provided more detail on how you can request to remove your account and associated data and content
  • Added and clarified terminology and information across other parts of the terms

The following changes have been made to the recently updated Terms of Use:

  • Updated the media storage definitions and information including that storage limits may applied to plans
  • Updated the Fees and Billing information section to clarify the terms for changes to plans and your usage of these
  • Provided more detail on how you can request to remove your account and associated data and content
  • Added and clarified terminology and information across other parts of the terms

The following changes have been made to the recently updated Terms of Use:

  • Updated the media storage definitions and information including that storage limits may applied to plans
  • Updated the Fees and Billing information section to clarify the terms for changes to plans and your usage of these
  • Provided more detail on how you can request to remove your account and associated data and content
  • Added and clarified terminology and information across other parts of the terms

The following changes have been made to the recently updated Terms of Use:

  • Updated the media storage definitions and information including that storage limits may applied to plans
  • Updated the Fees and Billing information section to clarify the terms for changes to plans and your usage of these
  • Provided more detail on how you can request to remove your account and associated data and content
  • Added and clarified terminology and information across other parts of the terms

Se han realizado los siguientes cambios en los Términos de uso actualizados recientemente:

  • Se actualizaron las definiciones e información de almacenamiento de medios, incluido el hecho de que se pueden aplicar límites de almacenamiento a los planes.
  • Se actualizó la sección Tarifas e información de facturación para aclarar los términos de los cambios en los planes y su uso de estos.
  • Se proporcionaron más detalles sobre cómo puede solicitar la eliminación de su cuenta y los datos y contenidos asociados.
  • Se agregó y aclaró terminología e información en otras partes de los términos.

The following changes have been made to the recently updated Terms of Use:

  • Updated the media storage definitions and information including that storage limits may applied to plans
  • Updated the Fees and Billing information section to clarify the terms for changes to plans and your usage of these
  • Provided more detail on how you can request to remove your account and associated data and content
  • Added and clarified terminology and information across other parts of the terms

The following changes have been made to the recently updated Terms of Use:

  • Updated the media storage definitions and information including that storage limits may applied to plans
  • Updated the Fees and Billing information section to clarify the terms for changes to plans and your usage of these
  • Provided more detail on how you can request to remove your account and associated data and content
  • Added and clarified terminology and information across other parts of the terms

The following changes have been made to the recently updated Terms of Use:

  • Updated the media storage definitions and information including that storage limits may applied to plans
  • Updated the Fees and Billing information section to clarify the terms for changes to plans and your usage of these
  • Provided more detail on how you can request to remove your account and associated data and content
  • Added and clarified terminology and information across other parts of the terms

CASTING NETWORKS TERMS OF USE

Welcome to Casting Networks. These Terms of Use and any additional terms disclosed to you when you use our services (“Terms”) are a legally binding agreement between you and Casting Networks, LLC, its affiliates (collectively, “CN,” “we,” “our” or “us”) and its family of websites or other services that link to these Terms. THE TERMS INCLUDE A PROVISION REGARDING DISPUTE RESOLUTION, WHICH INCLUDES A REQUIREMENT FOR INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER.

I. ABOUT CASTING NETWORKS, LLC

Casting Networks, LLC provides a range of content, hosting, communication and networking services, including content, features, functionalities and other services to allow Talent (as defined below) to connect with talent agents, managers, casting directors, and other professionals rendering professional services in motion picture, theatrical, radio, television and other entertainment enterprises (collectively the “Services”) that may be offered on our websites, mobile websites, apps, or from other services, products, tools, offers or communications provided by CN.

CN is a Talent Listing Service.

CN IS NOT A TALENT AGENCY AND THIS IS NOT A TALENT AGENCY CONTRACT. ONLY A TALENT AGENT LICENSED PURSUANT TO SECTION 1700.5 OF THE LABOR CODE MAY ENGAGE IN THE OCCUPATION OF PROCURING, OFFERING, PROMISING, OR ATTEMPTING TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR AN ARTIST. CN IS PROHIBITED BY LAW FROM OFFERING OR ATTEMPTING TO OBTAIN AUDITIONS OR EMPLOYMENT FOR YOU. IT MAY ONLY PROVIDE YOU WITH LISTING INFORMATION. FOR MORE INFORMATION, CONSULT CHAPTER 4.5 (COMMENCING WITH SECTION 1701) OF PART 6 OF DIVISION 2 OF THE LABOR CODE. A DISPUTE ARISING OUT OF THE PERFORMANCE OF THE CONTRACT BY THE TALENT SERVICE THAT IS NOT RESOLVED TO THE SATISFACTION OF THE ARTIST/TALENT SHOULD BE REFERRED TO A LOCAL CONSUMER AFFAIRS DEPARTMENT OR LOCAL LAW ENFORCEMENT, AS APPROPRIATE.

Pursuant to California state law, CN has posted a $50,000 bond with the labor Commissioner issued by Vigilant Insurance Company, Bond No. 8304-18-32.

Registration of Minors

Minors are not eligible to create accounts, maintain profiles or utilize our Services. Only Talent Representatives or parents or legal guardians of Talent who are under the age of majority in the state or country in which they reside (“Minors”) may register for Membership, create and maintain profiles and resumes, and utilize the Services on behalf of Minors (collectively referred to as “Authorized Representatives”). Under applicable European Data Privacy Laws, children ages 13 to 16 may provide valid consent to process their personal information. Where consent is required under such European Data Privacy Laws, the Talent Representative has the obligation to provide to us evidence of such consent or, as required under the European Data Privacy Laws, the authorization of the holder of parental responsibility for the child. We may refuse to process, or to continue to process, the child’s personal information until we receive this evidence of consent or authorization.

II. ACCEPTANCE OF TERMS

Legally Binding Agreement

You agree that when registering with CN and clicking or tapping “I Accept” (or similar), or by accessing, viewing, downloading or otherwise using the Services, you are entering into a legally binding agreement with CN based on these Terms and our Privacy Policy, which is incorporated with these Terms. Additional Terms may be posted on some or all of the Services from time to time such as legal notices or rules for particular promotions, applications, downloads or other features or activities. If there is a conflict among Terms, you agree that CN will determine which Terms apply to which Services. These Terms set out your rights, obligations, and restrictions regarding your use of the Services. If you do not agree to any of the terms of the Privacy Policy or these Terms, you must discontinue accessing and/or using the Services. A “Visitor” is someone who accesses and browses the Services but does not register for an account. A “Member” is someone who has created an account on the Services and has received confirmation from CN that registration has been completed and membership has been established (“Membership”). CN may decline Membership registrations for any reason. Visitors and Members are referred to collectively as “Users.”

Updates to Terms

The Terms may change at any time. CN will post the most current version on the homepage of our website (https://www.castingnetworks.com/) or via a link on the applicable Service with a new Effective Date. Changes are effective from the Effective Date. Your continued access or use of the Services after we post changes to the Terms signifies your agreement to those changes. If you do not agree to the current Terms, you must discontinue using the Services.

Contact and Electronic Communications

By accessing or using the Services, you consent to having these Terms provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you provide us with contact information in connection with a particular activity, such as an email address or telephone number (“Contact Information”), you agree that this establishes a business relationship with us and that we may communicate with you using the Contact Information you provided to us. You acknowledge the legal authority over any Contact Information. This means we may contact you in person or by recorded message, by email, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, in app message or any other means of communication that your wireless or other telecommunications device may be capable of receiving through the Contact Information you have provided to us. Standard message and data rates may apply.

Your Consent to Email Marketing

We will send you marketing communications in accordance with our Privacy Policy.

III. ELIGIBILITY

You must be an Industry Professional to participate in the Services. An “Industry Professional” is:

  • An actor, model, dancer, voice-over talent, musician, a musical or performance group or other artist (“Talent”);
  • A casting director;
  • A production company;
  • A filmmaker;
  • Other entertainment industry professional; or
  • A professional talent representative (e.g., talent agency or management company), or an employee or authorized representative thereof (“Talent Representative”).

Authorization to Act on Behalf of Talent

Each Talent Representative represents that it is legally authorized to represent its respective Talent in connection with the Services and utilize all aspects of the applicable Services on behalf of the Talent in accordance with these Terms, including where applicable, the completion of a Profile or Resume and the sharing of that information with third parties. A Talent Representative agrees to stop using the Services immediately when such authority from Talent is no longer in effect. We are not obligated, but we reserve the right at any time, to require evidence of a Talent Representative’s authority to enter into these Terms and act on behalf of Talent in connection with the Services. Each Talent Representative also represents and warrants that all personal information that he or she provides to us through the Site or otherwise is collected by such Talent Representative or on his or her behalf and disclosed to us in full compliance with the applicable Data Privacy Laws including, as required by such Data Privacy Laws, with the comprehensive consent from or comprehensive data processing information provided to the relevant individuals whose personal information is provide to us. Each Authorized Representative is solely responsible for their acts or omissions in connection with the Services, including any violation of these Terms and CN’s Privacy Policy. Each Authorized Representative indemnifies and holds harmless CN and its affiliates, employees, officers, directors, and representatives from any losses, costs, expenses, damages, fines and/or penalties including reasonable attorneys’ fees, arising out of or in connection with a breach of this representation.

Individual Responsibility

If you are an individual acting on behalf of a Talent Representative, corporate or other legal entity (which may have also agreed to these Terms or have a separate agreement with CN), you are individually bound by these Terms as an individual User.

Responsibility to Update Talent Representative Information

Talent or Talent’s Authorized Representative is responsible for promptly notifying CN when a Talent Representative has been terminated or changed. If Talent has no representation, CN will turn control of the Membership over to Talent or Talent’s Authorized Representative subject to their direct acceptance of these Terms. Any changes should be sent via a support request at https://support.castingnetworks.com/hc/en-us/requests/new.

Registration

During the Membership registration process, you will be prompted to provide personal information that allows us to know who you are, such as your full name, age, street address, email address and phone number, as well as additional optional information such as height, weight, appearing ethnicity, and pictures (collectively, “Registration Information”). By using the Services, you represent and warrant that all Registration Information you submit is truthful, accurate, current and complete and you will maintain the accuracy of such Registration Information by updating and revising it promptly.

Representation

If you are a Talent Representative providing Registration Information on behalf of Talent, you warrant and represent that you have full authority to provide us with the Registration Information and any other personally identifying information of such Talent. If you are an Authorized Representative of Talent under the age of majority, a valid parent/guardian authorization may be required by law. The Services are not directed to children under the age of 13, and they are not permitted to sign up for or use the Services..

Validation of Registration Information

You authorize CN to make any inquiries, either directly or through third parties, to validate your Registration Information. CN reserves all rights to take legal action against anyone who provides inaccurate, false or incomplete personal information or is otherwise untruthful about their identity, and to suspend or cancel a Membership established using such information. Notwithstanding the foregoing, you acknowledge that CN cannot guarantee the accuracy of any information submitted by any User of the Services, including any identity information about any User.

CN Privacy Policy

For detailed information on how we use and share Users’ personal information, please read our Privacy Policy.

IV. USER CODE OF CONDUCT

You agree to use the Services in a professional manner, provide complete and accurate Registration Information to us, and update it as necessary. You further agree to comply with all applicable laws, rules, and regulations.

You agree not to:

  • use the Services or any personal information of any User for purposes other than in connection with utilizing the Services;
  • collect, use, share or transfer any information available on the Services except as expressly permitted by these Terms, or by the owner of such information;
  • use the Service in connection with any commercial endeavors except those that are specifically endorsed or approved by us;
  • include information in a profile or resume (or elsewhere on the Services) that reveals sensitive personal information, such as government identifiers such as Social Security numbers or Tax ID numbers, except in the designated fields where collection is required by law;
  • use the Services or any information obtained through the Services to stalk, abuse or attempt to abuse, or otherwise harass another individual;
  • act dishonestly or unprofessionally, such as by posting inappropriate, inaccurate or objectionable content;
  • take any action or upload, post, email or otherwise transmit any content that would violate any right or duty under any applicable law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, including without limitation, promotional materials that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation of similar nature;
  • use manual or automated software, devices, scripts robots, or other means or processes to access, “scrape,” “crawl” or “spider” any content or other services contained in or through the Services;
  • utilize information, content or any data you view on and/or obtain from the Services to provide any service that is competitive with the Services, including the use of CN trademarks or copyrighted material or confusingly similar marks;
  • attempt to or actually transmit or post a link to another service within your profile or resume or anywhere else on the Services other than as expressly permitted;
  • engage in or plan to engage in any illegal activity;
  • post, disseminate or transmit statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
  • disclose information that that you do not have the right to disclose, such as confidential information;
  • use an image that is not your likeness or headshot on your profile or resume or otherwise misrepresent your identity, your affiliation with a person or entity, or the source of any communication;
  • create, disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property or property rights of any person;
  • export, re-export or permit the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities;
  • interfere with, disrupt or attempt to gain unauthorized access to other accounts on the Services or any other computer network;
  • disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
  • damage, disable, overburden, or impair any CN server, or the network(s) connected to any CN server, or interfere with any other party’s use and enjoyment of any of the Services;
  • gain unauthorized access to any Services, accounts, computer systems or networks connected to any CN server or to any of the Services through hacking, cracking, distribution of counterfeit software, password mining or any other means;
  • reverse engineer, decompile or disassemble any software accessed through the Services;
  • transmit, post, or e-mail any misleading or false professional opportunities in your profile, resume or elsewhere on the Services;
  • engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  • access the Services except through the interfaces expressly provided by CN;
  • override any security feature of the Services; or
  • engage in any other activity deemed by CN in its sole discretion to be in competition with or in conflict with the spirit or intent of Services and the requirements of these Terms.

V. USER RIGHTS AND OBLIGATIONS

Preventing and Reporting Abuse

You agree that CN may take whatever steps it deems necessary to stop or prevent behavior of any kind on the Services that violate this Agreement in its sole discretion, without notice. For example, CN has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any User who publishes or distributes child pornography. You can report any violations of the User Code of Conduct or other abuse of the Services by emailing reportabuse@castingnetworks.com.

Termination or Cancellation by CN

CN may restrict, suspend or terminate the Membership of any User who violates these Terms or otherwise abuses or misuses the Services without warning. Such restriction, suspension, or termination, shall be effective immediately or as specified in any notice. In the event that CN restricts, suspends or terminates your Membership, no refund or credit of any Membership or other fees or exchange of the Services will be offered, except in our sole discretion. If a User whose account has been restricted, suspended or terminated has re-registered or attempts to have re-registered with CN (including under a new name) that User may be permanently barred from the Services without recourse. CN has adopted a policy of terminating accounts of Users (or blocking any associated IP address) and permanently barring without recourse any User who, in CN’s sole discretion, falsely represents that it is an Authorized Representative, Talent Representative, casting director or other Industry Professional, or any User who provides information that is false or misleading. CN may also cancel your account (Membership or any other type of account) at any time for any of the Services for any reason. If CN cancels your month-to-month membership, prepaid membership or other paid account, you will receive a refund for any months that are not completely used. The amount of such a refund will be calculated by multiplying the monthly rate by the number of months remaining on the account. If CN cancels during a month that has been partially used, it will nonetheless refund the full amount you paid for that month.

Membership Security and Unauthorized Use

You are fully responsible for all activities conducted through your Membership (including complying with these Terms). During the registration process you will also be asked to choose a password. You are entirely responsible for maintaining the security of your password. You must try to choose a strong and secure password and keep your password confidential. You may not use another Member’s account or password at any time, let an unauthorized third party access your account or use your Membership, or disclose your password information to any unauthorized third party. You agree to notify us immediately if you suspect any unauthorized use of your Membership or access to your account or password. You will be liable for our losses or the losses of others as a result of such unauthorized use until such time as you terminate your Membership or prove that your account security was compromised due to no fault of your own.

Fees and Billing Information

We offer a number of plans. Each has its own features and pricing and as a User you may select a plan that you qualify for that best suits your needs. Payment for subscriptions will be made in accordance with the selected plan. Prices and features for plans are subject to change in accordance with these Terms. Notice of any price changes will be provided to Users in advance, and you will have the option to change or cancel your subscription if you do not agree with the new pricing in accordance with these Terms once the existing term is complete.

Certain changes to a plan, such as moving to a higher-priced plan, will result in an immediate adjustment to the fee on the date access to the new plan and its features commences. If you are moving to a lower-priced plan, the change will take effect at the end of the current term. We may, from time to time, adjust or reduce the allocation of features and capabilities among different plans. We will make reasonable efforts to provide advance notice to affected Users of any material changes. If you purchase any of our paid Services, on either a one-time monthly basis or recurring monthly billing subscription basis, you agree that CN (and its authorized service providers) may store your payment card information. CN will bill you the appropriate fee, applicable taxes and any other disclosed charges for the Services (“Fees”) using the billing information provided by you (“Billing Information”). You agree to pay CN all Fees at the prices then in effect for your use of the Services using your Billing Information, and you authorize CN to charge your Payment Provider (“Payment Method”) for the Fees associated with the Services selected. All subscriptions longer than one month will automatically renew at our monthly subscription rate and are billed on a monthly basis and are subject to our Subscription Terms, below and presented as agreed at the time of signup. The terms of your Payment Method may be determined by agreements between you and the financial institution, debit/credit card issuer or other provider of your chosen Payment Method (the “Payment Provider”), which may include additional fees, including foreign transaction fees. If CN does not receive payment from your Payment Provider, you agree to pay all amounts due on your account upon demand. In the event we have to collect unpaid Fees owed, you will be liable for any collection costs and fees (including reasonable attorneys’ fees). Note that for Services purchased by another party for your account (e.g., by your Talent Representative), the party paying for the Services is responsible for making prompt payment and failure to do so may result in termination of your Membership. All Fees are in US Dollars, unless otherwise indicated, and do not include Internet service provider, telephone, or other connection charges, if any, that are billed by third parties. Depending upon your credit card’s currency and the country in which your card was issued, your credit card provider may impose foreign exchange fees and other fees in accordance with your arrangements with that credit card provider.

If you choose a Membership, the Membership will continue on a continuous basis until canceled, as described below. You agree that CN is authorized to bill you each month using the Payment Method provided.

Memberships & Cancellation by You

YOU HAVE THE RIGHT TO CANCEL YOUR MONTH-TO-MONTH OR PREPAID MEMBERSHIP OR ANY OTHER ACCOUNT AND OBTAIN A FULL REFUND FOR ANY AMOUNT PAID WITHIN 10 BUSINESS DAYS OF INITIAL PURCHASE.

After the 10-day cancellation period, you may also cancel your account at any time for any of the Services. If you cancel a month-to-month, pre-paid semi-annual or annual subscription, you will avoid future charges but partial months are not refunded. For more information on your Membership and to cancel your Membership or other account at any point during your subscription term or otherwise, you can contact us at https://support.castingnetworks.com/hc/en-us/requests/new. We will cancel your account as soon as possible after resolving any outstanding account issues and in accordance with applicable law.

Remove Your Account And Associated Data And Content

If you want to remove your account, please see our Help Center at https://support.castingnetworks.com/hc/en-us/requests/new. Once you have requested to remove your account, and/or data or content within your account, the removal process will automatically begin. Once any data is deleted, data will be deleted from backups and recovery systems as quickly as is technically possible. Your data and content will not be deleted in the following circumstances:

  • Where your data or content has been shared with others in accordance with these Terms of Use (see section ‘Ownership and License of User Content’);
  • Where there are technical limitations in completing the deletion, in which case, data will be removed as quick as is technically feasible;
  • Where deletion may hinder our ability to meet the following. In such cases data and content will be retained for the length of time in order to meet the purposes for which it was retained:
    • investigate violations of these Terms of Use and/or to identify illegal activity;
    • ensure the safety of users and the security of the systems and services;
    • meet or comply with a legal obligation or formal request from a government agency, law enforcement organization or government agency.

Users must request or complete downloads of data or content before requesting or completing removal or deletion.

Interruption of Services

CN may at any time for any or no reason interrupt availability of some or all aspects of the Services, or modify, replace, refuse access to, or discontinue any Services, or change or modify our Fees in our sole discretion. Any changes to the Services or Fees are effective when posted on the Services or when communicated to you directly. CN is not liable for any interruption of Services, or delay or failure to perform, and you understand that in such cases you shall not be entitled to any refunds of Fees.

Content in Your Account

We may remove and or discard any content available as part of your Membership account, including your profile or resume, with or without notice, for any reason. CN has no obligation to store, maintain or provide you with a copy of any content that you or other Users provide when using the Services.

Media Storage

Media is defined as photographs, audio, or videos or other types of files, which as a User you add to your Profile, respond with to Media Requests or uploaded to Submissions. Media storage limits may be applied to plans. Storage capacity is calculated using the original file-size and is tied to an individual artist. Media must meet minimum quality criteria. The amount of media you can upload within your plan will depend on various factors including file type, size, resolution, and quality. Services may be unavailable to a User if a User has reached or exceeded the media storage limit. Time limits may be applied to media removal and archival activity within an account. We reserve the right to adjust media storage limits for plans at our discretion. Users will be provided with reasonable notice of any material changes to media storage limits. Media storage services may be withdrawn upon expiry of a subscription. We cannot be held responsible for loss or corruption of data, including accidental or intentional deletion by any party.

Non-Commercial Use

The Services are for the personal use of Users and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Please see Section IV. “User Code of Conduct” for details on the permitted and prohibited uses of the Services. Illegal and/or unauthorized use of the Services, including collecting names and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or commercial solicitations, or unauthorized framing of or linking to the Services is prohibited. Commercial advertisements, affiliate and third party links, and other forms of solicitations may be removed from Member profiles or resumes without notice and may result in termination of Membership, at our sole discretion. Appropriate legal action may be taken for any illegal or unauthorized use of the Services.

Links to Third Party Services

The Services may include links to third party apps, websites or other services (“Third Party Sites”). You are responsible for deciding whether you want to access or use a Third Party Site. CN is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. Third Party Sites have their own legal terms of use and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, we are not responsible for Third Party Sites – use or access them at your own risk.

VI. INTELLECTUAL PROPERTY RIGHTS

Access to Content on the Services

You acknowledge that: (i) by using the Services you may have access to pictures, digital images, graphics, music, video, audio, text, computer code and other creative output (collectively, “Content”); and (ii) this Content includes Content owned or licensed by CN (“CN Content”), or owned or licensed by Users (“User Content”). You acknowledge that CN, CN licensors, and Users have rights in their respective Content under copyright and other applicable laws and treaty provisions. You accept full responsibility and liability for your use of any Content in violation of any such rights.

User Content

CN may choose, but has no obligation, to pre-screen or monitor the Services for inappropriate User Content or conduct at any time, and it may delete any User Content that violates these Terms, as determined by CN in its sole discretion. However, if CN chooses to pre-screen or monitor User Content, CN nonetheless assumes no responsibility for such User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.

View Content at Your Risk

You understand that when using the Services, you will be exposed to Content from a variety of sources, and that CN is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, objectionable, or that contains errors or omissions.

Ownership of User Content Posted by Other Users of our Services

All User Content, including all project information posted on the Services by any user, including by casting directors, is either owned or licensed by the user that posted it. Therefore, other users of our Services may not distribute, modify, transmit, reuse, download, repost, copy, or use the User Content of others, including project information, for any reason without express prior written permission from the user that posted it. A violation of this Section is cause for immediate and permanent termination of your right to use our Services.

Our Ownership Rights

All right, title and interest in and to the Services is the exclusive property of CN and its licensors. We hereby grant you a limited, revocable, non-sublicensable license to reproduce and display the CN Content (excluding any software code) solely for your personal use and to the extent necessary to access or use the Services. CN reserves all rights not expressly granted in and to the CN Content and the Services.

Software Use Restrictions

You acknowledge that any software and related documentation that may be available to download from the Services (the “Software”) is a copyrighted work owned or licensed by CN and that you do not acquire any ownership rights by downloading the Software. You agree that your use of the Software is governed by these Terms and is also governed by the terms of the license agreement, if any, that accompanies or is included with the Software (the “License Agreement”). Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT IN NEW JERSEY AND AS SET FORTH IN THE LICENSE AGREEMENT, THE SOFTWARE IS PROVIDED TO YOU ON AN “AS-IS” AND “WHERE-IS” BASIS, AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED.

Feedback

All comments, feedback or materials submitted by you to us, including feedback, testimonials, images, reviews, questions, comments, suggestions or ideas (collectively, “Feedback”), are received and treated by us on a non-confidential and unrestricted basis. CN has a limited, non-exclusive license to use, display, perform, distribute, copy, adapt, and promote the Feedback in any way, without any additional compensation to you. You agree that in submitting Feedback, it will not violate any right of any third party, including any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain viruses, commercial solicitations, or any form of “spam”.

Ownership and License of User Content

You retain copyright and other intellectual property rights you have under law with respect to the User Content that you submit or transmit to or display on or through the Services. However, by posting your User Content on the Services, you grant to CN and its affiliated companies, and their sub-licensees (or other suppliers) of the Services permission to use, transmit, reproduce, publish, publicly display, publicly perform, reformat, edit, delete, learn from, transcribe, analyze or translate your User Content in connection with current or future Services (“License”). No compensation is payable to you with respect to the use of your User Content, as provided herein. You may edit some of your User Content by using the tools on the Services; however, if you have shared User Content with others through the Services, CN has no control over any third parties use of that Content. Further, you acknowledge that removed User Content may persist in the systems of those who have had previous access to User Content through our Services, and in backup copies for recordkeeping and internal purposes, including enforcing these Terms. Please see the terms of our Privacy Policy for further information on how we use, share and store the personal information you provide to us and your choices. You represent that you have all rights necessary to grant us the License set forth in this section, that your User Content is accurate and not confidential, and the submission, transmission, posting and use of your User Content on the Services is not in violation of any applicable laws or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights of persons or property appearing therein). You are solely responsible for your User Content or any other User Content you access through the Services.

Digital Millennium Copyright Act

CN has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512, (the “DMCA”) and avails itself of the protections under the DMCA. Further, we reserve the right to remove any User Content on the Services which allegedly infringes another person’s copyright and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringes another person’s copyright. It is our policy to terminate the access of repeat infringers. However, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party’s copyright to remain on the CN Services.

Filing a Complaint

If you believe any material on the Services infringes a copyright, you should provide us with a request to takedown the allegedly infringing material in the form of a written letter, sent by regular mail only, (“DMCA Takedown Notice”) that at a minimum includes:

  • Identification of the material that is claimed to be infringing or to be the subject of 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;
  • Your name, address, telephone number and email address (if available);
  • A statement that the complaining party 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;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  • The signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notwithstanding the foregoing, we reserve the right to ignore a DMCA Takedown Notice that is not in compliance with the DMCA.

Filing a Counter-Notice

If your material has been removed or blocked by us as a result of our receipt of a DMCA Takedown Notice, you may send us a request asking for the allegedly infringing material to be restored in the form of a written letter, sent by regular mail only, (“DMCA Counter-Notice”) that at a minimum includes:

  • Identification of the copyrighted work or works that were removed by CN and the location at which the works appeared before they were removed, with information reasonably sufficient to permit us to identify the copyrighted work;
  • Your name, address, telephone number and email address (if available);
  • A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located, or California if your address is outside of the United States;
  • A statement that you will accept service of process from the person (or an agent of such person) who provided the DMCA Takedown Notice to us;
  • A statement that you have a good faith belief that the allegedly infringing material identified above as the copyrighted work was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • A signature of a person authorized to act on behalf of the owner of the copyrighted work that was taken down.

Both the DMCA Takedown Notice and the DMCA Counter-Notice must be sent to our designated DMCA agent via email at dmca-takedown@castingnetworks.com or by postal mail as follows:

RAFI GORDON
CASTING NETWORKS, LLC
3250 WILSHIRE BLVD STE 1800
LOS ANGELES, CA 90010
USA

Emails or letters sent to these contact addresses that do not relate to the DMCA will be ignored.

VII. INTERACTING WITH OTHER USERS

Service Provider

CN is a service provider so we don’t control each and every aspect of the Services. For example, we do not regularly monitor Users’ interactions with the Services or communications with each other on the Services. However, CN may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. CN reserves the right to terminate your Membership if we determine, in our sole discretion, that doing so is necessary to enforce these Terms or to protect its business reputation or Users.

Communications with Users

You are solely responsible for your interactions with other Users.

Release

As a condition of access to and use of the Services, you release CN, including its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of the Services, including any claim against any individual or entity who creates an unauthorized account for you on your behalf.

User Disputes

You understand and agree that: (i) CN will have the right but not the obligation to assist Users in resolving disputes among Users relating to Users’ use of the Services; (ii) CN’s resolution of any particular dispute does not create an obligation to resolve any other dispute; (iii) to the extent CN assists in resolving such disputes, it will do so in good faith based solely on the general rules and standards of the Services; (iv) CN’s resolution of such disputes will be final with respect to the respective Users’ use of the Services; and (v) you release CN from claims, demands and damages of every kind and nature in any way connected with CN’s resolution of User disputes relating to the Services.

VIII. DISCLAIMERS OF WARRANTY AND LIABILITY

The Services are provided “As Is”

CN provides the Services strictly on an “AS IS” basis and does not guarantee that the Services will function without interruption or errors in functioning, or be virus-free. The operation of the Services may be interrupted due to maintenance, updates, or system or network failures. CN disclaims all liability for damages caused by any interruption, malfunction, impossibility of access, or poor use conditions of the Services for any reason. Use of the Services is at your own risk, to the fullest extent permissible under applicable law and except in New Jersey. CN EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

CN makes no warranty as to the quality, accuracy, completeness or validity of any information or Content you access or receive in connection with the Services, or that your use of the Services will meet your requirements. If you are dissatisfied or harmed by the Services, you may terminate your account in accordance with these Terms and such termination shall be your sole and exclusive remedy. CN is not responsible for, and makes no representations or warranties for the delivery of any messages sent through the Services to anyone. In addition, we neither warrant nor represent that your use of the Services will not infringe the rights of third parties. Any material, service, or technology described or used on the Services may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us. CN does not have any obligation to verify the identity of the persons accessing the Services or subscribing to the Services. CN disclaims all liability for identity theft or any other access to or misuse of your identity or information.

No Liability for Accumulated Content

When using the Services, you may accumulate Content that resides as data on CN’s servers. This data, and any other data, Membership account information or history, User personal information or names residing on CN servers may be deleted, altered, moved or transferred at any time for any reason in CN’s sole discretion. You acknowledge that, notwithstanding any copyright or other rights you may have with respect to User Content you upload, transmit, display and/or create using the Services, and notwithstanding any value attributed to such Content, you understand and agree that CN has the right, but not the obligation, to remove any Content (including your User Content) at any time, for any reason or no reason, with or without notice, and with no liability of any kind. CN EXPRESSLY DISCLAIMS ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON CN’S SERVERS.

Limitation of liability

IN NO EVENT IS CN OR ITS RESPECTIVE SUPPLIERS, LICENSORS OR DISTRIBUTORS IN HOSTING, OPERATING OR DELIVERING THE SERVICES LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST PROFITS, EXCLUDING CLAIMS BASED ON GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICES (INCLUDING ITS MODIFICATION OR TERMINATION), YOUR MEMBERSHIP (INCLUDING THEIR TERMINATION OR SUSPENSION) OR THESE TERMS, WHETHER OR NOT CN MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

IN ADDITION, EXCLUDING CLAIMS BASED ON GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, YOU AGREE THAT IN NO EVENT WILL CN’S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED THE LESSOR OF THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR THE SERVICE, IF ANY, OR U.S. FIFTY DOLLARS ($50.00). SOME STATES INCLUDING NEW JERSEY OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. If you are a California resident, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

Indemnification

You agree to defend, indemnify and hold harmless CN and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors from and against all damages, losses, liabilities, claims, and costs (including, but not limited to, reasonable attorneys’ fees and costs including costs to respond to regulatory inquiries, actions or subpoenas) related to all third party claims, charges, and investigations, arising from, relating to, or caused by (a) your use of the Services, (b) your failure to comply with these Terms, including, without limitation, your submission or use of Content in violation of third party rights or applicable laws, rules or regulations or (c) your Membership.

IX. DISPUTE RESOLUTION

Governing Law

These Terms shall be governed, construed, and enforced in accordance with the laws of the state where the Talent resides, as determined by the address on file with CN, without regard to its conflict of laws rules except that the arbitration provision shall be governed by the Federal Arbitration Act as stated herein.

Notice of Claims

In the event a dispute arises between you and CN we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute through arbitration. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim (as defined below) and setting forth the specific relief sought. All Notices of Dispute with CN shall be sent to the following address: Casting Networks, LLC, Attn: Dispute Resolution, 3250 Wilshire Blvd Ste. 1800, Los Angeles, CA 90010 USA.

All notices to Users will be sent to the email or street address provided in the User’s account. Upon receipt of such Notice of Dispute, the other party shall have a 60-day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the Notice of Dispute, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such a 60-day cure period, you or CN may commence an arbitration proceeding in accordance with the following procedure. This notice requirement is a condition precedent to any arbitration proceeding, as described below.

Arbitration and Class Action Waiver

YOU AND CN AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, CONNECTED WITH OR RELATING TO THESE TERMS, ANY CONTRACT, TORT, MISREPRESENTATION, FRAUD OR OTHER LEGAL THEORY OR CAUSE OF ACTION, STATUTE, OR OTHERWISE RELATING TO THE SERVICES (“CLAIMS”) WHICH CANNOT BE SETTLED BY MUTUAL AGREEMENT OF THE PARTIES, SHALL BE RESOLVED BY ONE ARBITRATOR THROUGH BINDING ARBITRATION. HOWEVER, YOU OR CN MAY BRING ANY CLAIM IN SMALL CLAIMS COURT CONSISTENT WITH THE APPLICABLE JURISDICTIONAL LIMITS. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE BROADLY INTERPRETED. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, JUST AS A COURT WOULD, THE ARBITRATOR MUST HONOR THESE TERMS. THE ARBITRATOR’S DECISION AND AWARD IS FINAL AND BINDING, WITH SOME EXCEPTIONS UNDER THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1, ET SEQ., AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION. BY AGREEING TO THESE TERMS, YOU AND CN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. Any Claim must be brought in the parties’ individual capacity in arbitration, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. YOU AND CN UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, BY AGREEING TO THESE TERMS AND USING THE SERVICES YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY THROUGH ARBITRATION. IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH ABOVE CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY. If for any reason a claim proceeds in court rather than through arbitration, you and CN agree that there will not be a jury trial. You and CN unconditionally waive any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Terms in any way. In the event of litigation, this paragraph may be filed to show a written consent to a trial by the court.

JAMS

Unless otherwise agreed to by you and CN in writing or for individual claims brought by you or CN in small claims court, the arbitration will be governed and conducted by JAMS before a single arbitrator from JAMS, or another established alternative dispute resolution (“ADR”) provider, chosen by CN, who is licensed to practice law. The arbitration proceeding will be located in Los Angeles, California, and for any non-frivolous demand, CN will: (1) pay the costs of the arbitration up to $10,000; (2) if you prefer will conduct the arbitration by telephone, and (3) will not seek attorney’s fees in the event CN prevails. Each party shall pay the fees and costs of its own counsel, experts and witnesses (as applicable) and will be conducted in accordance with JAMS rules. The JAMS rules, including the selection of an arbitrator, filing, administration, discovery and arbitrator fees will be conducted under the JAMS Comprehensive Arbitration Rules & Procedures, except as modified by these Terms or otherwise agreed to by you and CN in writing. The JAMS rules are available on its website at www.jamsadr.com. To the extent that this Dispute Resolution section conflicts with JAMS’s minimum standards for procedural fairness, the JAMS’ rules and/or minimum standards for arbitration procedures in that regard shall control. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or for the arbitrator’s award; and any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, or enforceability of these Terms including any claim that all or any part of these Terms are void or voidable. However, the preceding sentence shall not apply to the clause in this Dispute Resolution provision regarding the Class Action waiver.

Exception

Any claim or action for (i) indemnification, (ii) any violation of CN intellectual property rights, (iii) contribution, (iv) interpleader, or (v) injunctive relief arising out of a Claim shall not be subject to arbitration.

Survival

This arbitration provision shall survive termination of these Terms, including the termination of any relationship between you and CN.

Severability

If any provision of this Section is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable except that should the provision on class action waiver for any Claim be found to be unenforceable by a court of law, then the provision to arbitrate will not apply.

X. GENERAL PROVISIONS

Export Control

The Services are controlled and operated by CN from its offices within the United States. CN makes no representation that any Content, Software or other products in the Services are appropriate or available for use in other locations, and access to such materials or use of the Services from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If you use the Services from other locations, you are responsible for compliance with applicable local laws including, but not limited to, the export and import regulations of other countries. Your use of the Services, including our Software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any Software or Service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving United States origin products, including Services or Software.

Notices

CN may give notice to you by means of a general notice on the Services, at or after log-in to your Membership account, by electronic mail to your e-mail address in our records for your Membership, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your Membership. All notices given by you, whether or not required under these Terms, shall be emailed to support@castingnetworks.com; or sent to us by postal mail or courier at:

CASTING NETWORKS LLC
ATTN DISPUTE RESOLUTION
3250 WILSHIRE BLVD STE 1800
LOS ANGELES, CA 90010
USA

Any notices that you provide without compliance with this section shall have no legal effect.

Waiver

The failure of CN to partially or fully exercise any rights under these Terms, or the waiver of CN of any breach of these Terms by you, shall not prevent a subsequent exercise of such rights by CN or be deemed a waiver by CN of any subsequent breach by you of the same or any other condition of these Terms. The rights and remedies of CN under these Terms, its policies, and any other applicable agreement between you and CN shall be cumulative, and the exercise of any such right or remedy shall not limit CN’s right to exercise any other right or remedy.

Severability

If any part of these Terms, other than the Class Action waiver as set forth above, is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect.

Headings

Headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms.

Third Party Beneficiaries

These Terms do not create third party beneficiary rights enforceable by third parties.

Entire Agreement

These Terms, and the policies incorporated herein, are the entire agreement between you and CN. They supersede any and all prior or contemporaneous agreements between you and CN relating to your use of the CN Services.

Copyright © 2023, Casting Networks, LLC. All rights reserved.

Effective Date: December 13, 2023

CASTING NETWORKS TERMS OF USE

Welcome to Casting Networks. These Terms of Use and any additional terms disclosed to you when you use our services (“Terms”) are a legally binding agreement between you and Casting Networks, LLC, its affiliates (collectively, “CN,” “we,” “our” or “us”) and its family of websites or other services that link to these Terms. THE TERMS INCLUDE A PROVISION REGARDING DISPUTE RESOLUTION, WHICH INCLUDES A REQUIREMENT FOR INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER.

I. ABOUT CASTING NETWORKS, LLC

Casting Networks, LLC provides a range of content, hosting, communication and networking services, including content, features, functionalities and other services to allow Talent (as defined below) to connect with talent agents, managers, casting directors, and other professionals rendering professional services in motion picture, theatrical, radio, television and other entertainment enterprises (collectively the “Services”) that may be offered on our websites, mobile websites, apps, or from other services, products, tools, offers or communications provided by CN.

CN is a Talent Listing Service.

CN IS NOT A TALENT AGENCY AND THIS IS NOT A TALENT AGENCY CONTRACT. ONLY A TALENT AGENT LICENSED PURSUANT TO SECTION 1700.5 OF THE LABOR CODE MAY ENGAGE IN THE OCCUPATION OF PROCURING, OFFERING, PROMISING, OR ATTEMPTING TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR AN ARTIST. CN IS PROHIBITED BY LAW FROM OFFERING OR ATTEMPTING TO OBTAIN AUDITIONS OR EMPLOYMENT FOR YOU. IT MAY ONLY PROVIDE YOU WITH LISTING INFORMATION. FOR MORE INFORMATION, CONSULT CHAPTER 4.5 (COMMENCING WITH SECTION 1701) OF PART 6 OF DIVISION 2 OF THE LABOR CODE. A DISPUTE ARISING OUT OF THE PERFORMANCE OF THE CONTRACT BY THE TALENT SERVICE THAT IS NOT RESOLVED TO THE SATISFACTION OF THE ARTIST/TALENT SHOULD BE REFERRED TO A LOCAL CONSUMER AFFAIRS DEPARTMENT OR LOCAL LAW ENFORCEMENT, AS APPROPRIATE.

Pursuant to California state law, CN has posted a $50,000 bond with the labor Commissioner issued by Vigilant Insurance Company, Bond No. 8304-18-32.

Registration of Minors

Minors are not eligible to create accounts, maintain profiles or utilize our Services. Only Talent Representatives or parents or legal guardians of Talent who are under the age of majority in the state or country in which they reside (“Minors”) may register for Membership, create and maintain profiles and resumes, and utilize the Services on behalf of Minors (collectively referred to as “Authorized Representatives”). Under applicable European Data Privacy Laws, children ages 13 to 16 may provide valid consent to process their personal information. Where consent is required under such European Data Privacy Laws, the Talent Representative has the obligation to provide to us evidence of such consent or, as required under the European Data Privacy Laws, the authorization of the holder of parental responsibility for the child. We may refuse to process, or to continue to process, the child’s personal information until we receive this evidence of consent or authorization.

II. ACCEPTANCE OF TERMS

Legally Binding Agreement

You agree that when registering with CN and clicking or tapping “I Accept” (or similar), or by accessing, viewing, downloading or otherwise using the Services, you are entering into a legally binding agreement with CN based on these Terms and our Privacy Policy, which is incorporated with these Terms. Additional Terms may be posted on some or all of the Services from time to time such as legal notices or rules for particular promotions, applications, downloads or other features or activities. If there is a conflict among Terms, you agree that CN will determine which Terms apply to which Services. These Terms set out your rights, obligations, and restrictions regarding your use of the Services. If you do not agree to any of the terms of the Privacy Policy or these Terms, you must discontinue accessing and/or using the Services. A “Visitor” is someone who accesses and browses the Services but does not register for an account. A “Member” is someone who has created an account on the Services and has received confirmation from CN that registration has been completed and membership has been established (“Membership”). CN may decline Membership registrations for any reason. Visitors and Members are referred to collectively as “Users.”

Updates to Terms

The Terms may change at any time. CN will post the most current version on the homepage of our website (https://www.castingnetworks.com/) or via a link on the applicable Service with a new Effective Date. Changes are effective from the Effective Date. Your continued access or use of the Services after we post changes to the Terms signifies your agreement to those changes. If you do not agree to the current Terms, you must discontinue using the Services.

Contact and Electronic Communications

By accessing or using the Services, you consent to having these Terms provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you provide us with contact information in connection with a particular activity, such as an email address or telephone number (“Contact Information”), you agree that this establishes a business relationship with us and that we may communicate with you using the Contact Information you provided to us. You acknowledge the legal authority over any Contact Information. This means we may contact you in person or by recorded message, by email, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, in app message or any other means of communication that your wireless or other telecommunications device may be capable of receiving through the Contact Information you have provided to us. Standard message and data rates may apply.

Your Consent to Email Marketing

We will send you marketing communications in accordance with our Privacy Policy.

III. ELIGIBILITY

You must be an Industry Professional to participate in the Services. An “Industry Professional” is:

  • An actor, model, dancer, voice-over talent, musician, a musical or performance group or other artist (“Talent”);
  • A casting director;
  • A production company;
  • A filmmaker;
  • Other entertainment industry professional; or
  • A professional talent representative (e.g., talent agency or management company), or an employee or authorized representative thereof (“Talent Representative”).

Authorization to Act on Behalf of Talent

Each Talent Representative represents that it is legally authorized to represent its respective Talent in connection with the Services and utilize all aspects of the applicable Services on behalf of the Talent in accordance with these Terms, including where applicable, the completion of a Profile or Resume and the sharing of that information with third parties. A Talent Representative agrees to stop using the Services immediately when such authority from Talent is no longer in effect. We are not obligated, but we reserve the right at any time, to require evidence of a Talent Representative’s authority to enter into these Terms and act on behalf of Talent in connection with the Services. Each Talent Representative also represents and warrants that all personal information that he or she provides to us through the Site or otherwise is collected by such Talent Representative or on his or her behalf and disclosed to us in full compliance with the applicable Data Privacy Laws including, as required by such Data Privacy Laws, with the comprehensive consent from or comprehensive data processing information provided to the relevant individuals whose personal information is provide to us. Each Authorized Representative is solely responsible for their acts or omissions in connection with the Services, including any violation of these Terms and CN’s Privacy Policy. Each Authorized Representative indemnifies and holds harmless CN and its affiliates, employees, officers, directors, and representatives from any losses, costs, expenses, damages, fines and/or penalties including reasonable attorneys’ fees, arising out of or in connection with a breach of this representation.

Individual Responsibility

If you are an individual acting on behalf of a Talent Representative, corporate or other legal entity (which may have also agreed to these Terms or have a separate agreement with CN), you are individually bound by these Terms as an individual User.

Responsibility to Update Talent Representative Information

Talent or Talent’s Authorized Representative is responsible for promptly notifying CN when a Talent Representative has been terminated or changed. If Talent has no representation, CN will turn control of the Membership over to Talent or Talent’s Authorized Representative subject to their direct acceptance of these Terms. Any changes should be sent via a support request at https://support.castingnetworks.com/hc/en-us/requests/new.

Registration

During the Membership registration process, you will be prompted to provide personal information that allows us to know who you are, such as your full name, age, street address, email address and phone number, as well as additional optional information such as height, weight, appearing ethnicity, and pictures (collectively, “Registration Information”). By using the Services, you represent and warrant that all Registration Information you submit is truthful, accurate, current and complete and you will maintain the accuracy of such Registration Information by updating and revising it promptly.

Representation

If you are a Talent Representative providing Registration Information on behalf of Talent, you warrant and represent that you have full authority to provide us with the Registration Information and any other personally identifying information of such Talent. If you are an Authorized Representative of Talent under the age of majority, a valid parent/guardian authorization may be required by law. The Services are not directed to children under the age of 13, and they are not permitted to sign up for or use the Services..

Validation of Registration Information

You authorize CN to make any inquiries, either directly or through third parties, to validate your Registration Information. CN reserves all rights to take legal action against anyone who provides inaccurate, false or incomplete personal information or is otherwise untruthful about their identity, and to suspend or cancel a Membership established using such information. Notwithstanding the foregoing, you acknowledge that CN cannot guarantee the accuracy of any information submitted by any User of the Services, including any identity information about any User.

CN Privacy Policy

For detailed information on how we use and share Users’ personal information, please read our Privacy Policy.

IV. USER CODE OF CONDUCT

You agree to use the Services in a professional manner, provide complete and accurate Registration Information to us, and update it as necessary. You further agree to comply with all applicable laws, rules, and regulations.

You agree not to:

  • use the Services or any personal information of any User for purposes other than in connection with utilizing the Services;
  • collect, use, share or transfer any information available on the Services except as expressly permitted by these Terms, or by the owner of such information;
  • use the Service in connection with any commercial endeavors except those that are specifically endorsed or approved by us;
  • include information in a profile or resume (or elsewhere on the Services) that reveals sensitive personal information, such as government identifiers such as Social Security numbers or Tax ID numbers, except in the designated fields where collection is required by law;
  • use the Services or any information obtained through the Services to stalk, abuse or attempt to abuse, or otherwise harass another individual;
  • act dishonestly or unprofessionally, such as by posting inappropriate, inaccurate or objectionable content;
  • take any action or upload, post, email or otherwise transmit any content that would violate any right or duty under any applicable law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, including without limitation, promotional materials that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation of similar nature;
  • use manual or automated software, devices, scripts robots, or other means or processes to access, “scrape,” “crawl” or “spider” any content or other services contained in or through the Services;
  • utilize information, content or any data you view on and/or obtain from the Services to provide any service that is competitive with the Services, including the use of CN trademarks or copyrighted material or confusingly similar marks;
  • attempt to or actually transmit or post a link to another service within your profile or resume or anywhere else on the Services other than as expressly permitted;
  • engage in or plan to engage in any illegal activity;
  • post, disseminate or transmit statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
  • disclose information that that you do not have the right to disclose, such as confidential information;
  • use an image that is not your likeness or headshot on your profile or resume or otherwise misrepresent your identity, your affiliation with a person or entity, or the source of any communication;
  • create, disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property or property rights of any person;
  • export, re-export or permit the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities;
  • interfere with, disrupt or attempt to gain unauthorized access to other accounts on the Services or any other computer network;
  • disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
  • damage, disable, overburden, or impair any CN server, or the network(s) connected to any CN server, or interfere with any other party’s use and enjoyment of any of the Services;
  • gain unauthorized access to any Services, accounts, computer systems or networks connected to any CN server or to any of the Services through hacking, cracking, distribution of counterfeit software, password mining or any other means;
  • reverse engineer, decompile or disassemble any software accessed through the Services;
  • transmit, post, or e-mail any misleading or false professional opportunities in your profile, resume or elsewhere on the Services;
  • engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  • access the Services except through the interfaces expressly provided by CN;
  • override any security feature of the Services; or
  • engage in any other activity deemed by CN in its sole discretion to be in competition with or in conflict with the spirit or intent of Services and the requirements of these Terms.

V. USER RIGHTS AND OBLIGATIONS

Preventing and Reporting Abuse

You agree that CN may take whatever steps it deems necessary to stop or prevent behavior of any kind on the Services that violate this Agreement in its sole discretion, without notice. For example, CN has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any User who publishes or distributes child pornography. You can report any violations of the User Code of Conduct or other abuse of the Services by emailing reportabuse@castingnetworks.com.

Termination or Cancellation by CN

CN may restrict, suspend or terminate the Membership of any User who violates these Terms or otherwise abuses or misuses the Services without warning. Such restriction, suspension, or termination, shall be effective immediately or as specified in any notice. In the event that CN restricts, suspends or terminates your Membership, no refund or credit of any Membership or other fees or exchange of the Services will be offered, except in our sole discretion. If a User whose account has been restricted, suspended or terminated has re-registered or attempts to have re-registered with CN (including under a new name) that User may be permanently barred from the Services without recourse. CN has adopted a policy of terminating accounts of Users (or blocking any associated IP address) and permanently barring without recourse any User who, in CN’s sole discretion, falsely represents that it is an Authorized Representative, Talent Representative, casting director or other Industry Professional, or any User who provides information that is false or misleading. CN may also cancel your account (Membership or any other type of account) at any time for any of the Services for any reason. If CN cancels your month-to-month membership, prepaid membership or other paid account, you will receive a refund for any months that are not completely used. The amount of such a refund will be calculated by multiplying the monthly rate by the number of months remaining on the account. If CN cancels during a month that has been partially used, it will nonetheless refund the full amount you paid for that month.

Membership Security and Unauthorized Use

You are fully responsible for all activities conducted through your Membership (including complying with these Terms). During the registration process you will also be asked to choose a password. You are entirely responsible for maintaining the security of your password. You must try to choose a strong and secure password and keep your password confidential. You may not use another Member’s account or password at any time, let an unauthorized third party access your account or use your Membership, or disclose your password information to any unauthorized third party. You agree to notify us immediately if you suspect any unauthorized use of your Membership or access to your account or password. You will be liable for our losses or the losses of others as a result of such unauthorized use until such time as you terminate your Membership or prove that your account security was compromised due to no fault of your own.

Fees and Billing Information

We offer a number of plans. Each has its own features and pricing and as a User you may select a plan that you qualify for that best suits your needs. Payment for subscriptions will be made in accordance with the selected plan. Prices and features for plans are subject to change in accordance with these Terms. Notice of any price changes will be provided to Users in advance, and you will have the option to change or cancel your subscription if you do not agree with the new pricing in accordance with these Terms once the existing term is complete.

Certain changes to a plan, such as moving to a higher-priced plan, will result in an immediate adjustment to the fee on the date access to the new plan and its features commences. If you are moving to a lower-priced plan, the change will take effect at the end of the current term. We may, from time to time, adjust or reduce the allocation of features and capabilities among different plans. We will make reasonable efforts to provide advance notice to affected Users of any material changes. If you purchase any of our paid Services, on either a one-time monthly basis or recurring monthly billing subscription basis, you agree that CN (and its authorized service providers) may store your payment card information. CN will bill you the appropriate fee, applicable taxes and any other disclosed charges for the Services (“Fees”) using the billing information provided by you (“Billing Information”). You agree to pay CN all Fees at the prices then in effect for your use of the Services using your Billing Information, and you authorize CN to charge your Payment Provider (“Payment Method”) for the Fees associated with the Services selected. All subscriptions longer than one month will automatically renew at our monthly subscription rate and are billed on a monthly basis and are subject to our Subscription Terms, below and presented as agreed at the time of signup. The terms of your Payment Method may be determined by agreements between you and the financial institution, debit/credit card issuer or other provider of your chosen Payment Method (the “Payment Provider”), which may include additional fees, including foreign transaction fees. If CN does not receive payment from your Payment Provider, you agree to pay all amounts due on your account upon demand. In the event we have to collect unpaid Fees owed, you will be liable for any collection costs and fees (including reasonable attorneys’ fees). Note that for Services purchased by another party for your account (e.g., by your Talent Representative), the party paying for the Services is responsible for making prompt payment and failure to do so may result in termination of your Membership. All Fees are in US Dollars, unless otherwise indicated, and do not include Internet service provider, telephone, or other connection charges, if any, that are billed by third parties. Depending upon your credit card’s currency and the country in which your card was issued, your credit card provider may impose foreign exchange fees and other fees in accordance with your arrangements with that credit card provider.

If you choose a Membership, the Membership will continue on a continuous basis until canceled, as described below. You agree that CN is authorized to bill you each month using the Payment Method provided.

Memberships & Cancellation by You

YOU HAVE THE RIGHT TO CANCEL YOUR MONTH-TO-MONTH OR PREPAID MEMBERSHIP OR ANY OTHER ACCOUNT AND OBTAIN A FULL REFUND FOR ANY AMOUNT PAID WITHIN 10 BUSINESS DAYS OF INITIAL PURCHASE.

After the 10-day cancellation period, you may also cancel your account at any time for any of the Services. If you cancel a month-to-month, pre-paid semi-annual or annual subscription, you will avoid future charges but partial months are not refunded. For more information on your Membership and to cancel your Membership or other account at any point during your subscription term or otherwise, you can contact us at https://support.castingnetworks.com/hc/en-us/requests/new. We will cancel your account as soon as possible after resolving any outstanding account issues and in accordance with applicable law.

Remove Your Account And Associated Data And Content

If you want to remove your account, please see our Help Center at https://support.castingnetworks.com/hc/en-us/requests/new. Once you have requested to remove your account, and/or data or content within your account, the removal process will automatically begin. Once any data is deleted, data will be deleted from backups and recovery systems as quickly as is technically possible. Your data and content will not be deleted in the following circumstances:

  • Where your data or content has been shared with others in accordance with these Terms of Use (see section ‘Ownership and License of User Content’);
  • Where there are technical limitations in completing the deletion, in which case, data will be removed as quick as is technically feasible;
  • Where deletion may hinder our ability to meet the following. In such cases data and content will be retained for the length of time in order to meet the purposes for which it was retained:
    • investigate violations of these Terms of Use and/or to identify illegal activity;
    • ensure the safety of users and the security of the systems and services;
    • meet or comply with a legal obligation or formal request from a government agency, law enforcement organization or government agency.

Users must request or complete downloads of data or content before requesting or completing removal or deletion.

Interruption of Services

CN may at any time for any or no reason interrupt availability of some or all aspects of the Services, or modify, replace, refuse access to, or discontinue any Services, or change or modify our Fees in our sole discretion. Any changes to the Services or Fees are effective when posted on the Services or when communicated to you directly. CN is not liable for any interruption of Services, or delay or failure to perform, and you understand that in such cases you shall not be entitled to any refunds of Fees.

Content in Your Account

We may remove and or discard any content available as part of your Membership account, including your profile or resume, with or without notice, for any reason. CN has no obligation to store, maintain or provide you with a copy of any content that you or other Users provide when using the Services.

Media Storage

Media is defined as photographs, audio, or videos or other types of files, which as a User you add to your Profile, respond with to Media Requests or uploaded to Submissions. Media storage limits may be applied to plans. Storage capacity is calculated using the original file-size and is tied to an individual artist. Media must meet minimum quality criteria. The amount of media you can upload within your plan will depend on various factors including file type, size, resolution, and quality. Services may be unavailable to a User if a User has reached or exceeded the media storage limit. Time limits may be applied to media removal and archival activity within an account. We reserve the right to adjust media storage limits for plans at our discretion. Users will be provided with reasonable notice of any material changes to media storage limits. Media storage services may be withdrawn upon expiry of a subscription. We cannot be held responsible for loss or corruption of data, including accidental or intentional deletion by any party.

Non-Commercial Use

The Services are for the personal use of Users and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Please see Section IV. “User Code of Conduct” for details on the permitted and prohibited uses of the Services. Illegal and/or unauthorized use of the Services, including collecting names and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or commercial solicitations, or unauthorized framing of or linking to the Services is prohibited. Commercial advertisements, affiliate and third party links, and other forms of solicitations may be removed from Member profiles or resumes without notice and may result in termination of Membership, at our sole discretion. Appropriate legal action may be taken for any illegal or unauthorized use of the Services.

Links to Third Party Services

The Services may include links to third party apps, websites or other services (“Third Party Sites”). You are responsible for deciding whether you want to access or use a Third Party Site. CN is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. Third Party Sites have their own legal terms of use and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, we are not responsible for Third Party Sites – use or access them at your own risk.

VI. INTELLECTUAL PROPERTY RIGHTS

Access to Content on the Services

You acknowledge that: (i) by using the Services you may have access to pictures, digital images, graphics, music, video, audio, text, computer code and other creative output (collectively, “Content”); and (ii) this Content includes Content owned or licensed by CN (“CN Content”), or owned or licensed by Users (“User Content”). You acknowledge that CN, CN licensors, and Users have rights in their respective Content under copyright and other applicable laws and treaty provisions. You accept full responsibility and liability for your use of any Content in violation of any such rights.

User Content

CN may choose, but has no obligation, to pre-screen or monitor the Services for inappropriate User Content or conduct at any time, and it may delete any User Content that violates these Terms, as determined by CN in its sole discretion. However, if CN chooses to pre-screen or monitor User Content, CN nonetheless assumes no responsibility for such User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.

View Content at Your Risk

You understand that when using the Services, you will be exposed to Content from a variety of sources, and that CN is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, objectionable, or that contains errors or omissions.

Ownership of User Content Posted by Other Users of our Services

All User Content, including all project information posted on the Services by any user, including by casting directors, is either owned or licensed by the user that posted it. Therefore, other users of our Services may not distribute, modify, transmit, reuse, download, repost, copy, or use the User Content of others, including project information, for any reason without express prior written permission from the user that posted it. A violation of this Section is cause for immediate and permanent termination of your right to use our Services.

Our Ownership Rights

All right, title and interest in and to the Services is the exclusive property of CN and its licensors. We hereby grant you a limited, revocable, non-sublicensable license to reproduce and display the CN Content (excluding any software code) solely for your personal use and to the extent necessary to access or use the Services. CN reserves all rights not expressly granted in and to the CN Content and the Services.

Software Use Restrictions

You acknowledge that any software and related documentation that may be available to download from the Services (the “Software”) is a copyrighted work owned or licensed by CN and that you do not acquire any ownership rights by downloading the Software. You agree that your use of the Software is governed by these Terms and is also governed by the terms of the license agreement, if any, that accompanies or is included with the Software (the “License Agreement”). Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT IN NEW JERSEY AND AS SET FORTH IN THE LICENSE AGREEMENT, THE SOFTWARE IS PROVIDED TO YOU ON AN “AS-IS” AND “WHERE-IS” BASIS, AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED.

Feedback

All comments, feedback or materials submitted by you to us, including feedback, testimonials, images, reviews, questions, comments, suggestions or ideas (collectively, “Feedback”), are received and treated by us on a non-confidential and unrestricted basis. CN has a limited, non-exclusive license to use, display, perform, distribute, copy, adapt, and promote the Feedback in any way, without any additional compensation to you. You agree that in submitting Feedback, it will not violate any right of any third party, including any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain viruses, commercial solicitations, or any form of “spam”.

Ownership and License of User Content

You retain copyright and other intellectual property rights you have under law with respect to the User Content that you submit or transmit to or display on or through the Services. However, by posting your User Content on the Services, you grant to CN and its affiliated companies, and their sub-licensees (or other suppliers) of the Services permission to use, transmit, reproduce, publish, publicly display, publicly perform, reformat, edit, delete, learn from, transcribe, analyze or translate your User Content in connection with current or future Services (“License”). No compensation is payable to you with respect to the use of your User Content, as provided herein. You may edit some of your User Content by using the tools on the Services; however, if you have shared User Content with others through the Services, CN has no control over any third parties use of that Content. Further, you acknowledge that removed User Content may persist in the systems of those who have had previous access to User Content through our Services, and in backup copies for recordkeeping and internal purposes, including enforcing these Terms. Please see the terms of our Privacy Policy for further information on how we use, share and store the personal information you provide to us and your choices. You represent that you have all rights necessary to grant us the License set forth in this section, that your User Content is accurate and not confidential, and the submission, transmission, posting and use of your User Content on the Services is not in violation of any applicable laws or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights of persons or property appearing therein). You are solely responsible for your User Content or any other User Content you access through the Services.

Digital Millennium Copyright Act

CN has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512, (the “DMCA”) and avails itself of the protections under the DMCA. Further, we reserve the right to remove any User Content on the Services which allegedly infringes another person’s copyright and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringes another person’s copyright. It is our policy to terminate the access of repeat infringers. However, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party’s copyright to remain on the CN Services.

Filing a Complaint

If you believe any material on the Services infringes a copyright, you should provide us with a request to takedown the allegedly infringing material in the form of a written letter, sent by regular mail only, (“DMCA Takedown Notice”) that at a minimum includes:

  • Identification of the material that is claimed to be infringing or to be the subject of 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;
  • Your name, address, telephone number and email address (if available);
  • A statement that the complaining party 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;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  • The signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notwithstanding the foregoing, we reserve the right to ignore a DMCA Takedown Notice that is not in compliance with the DMCA.

Filing a Counter-Notice

If your material has been removed or blocked by us as a result of our receipt of a DMCA Takedown Notice, you may send us a request asking for the allegedly infringing material to be restored in the form of a written letter, sent by regular mail only, (“DMCA Counter-Notice”) that at a minimum includes:

  • Identification of the copyrighted work or works that were removed by CN and the location at which the works appeared before they were removed, with information reasonably sufficient to permit us to identify the copyrighted work;
  • Your name, address, telephone number and email address (if available);
  • A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located, or California if your address is outside of the United States;
  • A statement that you will accept service of process from the person (or an agent of such person) who provided the DMCA Takedown Notice to us;
  • A statement that you have a good faith belief that the allegedly infringing material identified above as the copyrighted work was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • A signature of a person authorized to act on behalf of the owner of the copyrighted work that was taken down.

Both the DMCA Takedown Notice and the DMCA Counter-Notice must be sent to our designated DMCA agent via email at dmca-takedown@castingnetworks.com or by postal mail as follows:

RAFI GORDON
CASTING NETWORKS, LLC
3250 WILSHIRE BLVD STE 1800
LOS ANGELES, CA 90010
USA

Emails or letters sent to these contact addresses that do not relate to the DMCA will be ignored.

VII. INTERACTING WITH OTHER USERS

Service Provider

CN is a service provider so we don’t control each and every aspect of the Services. For example, we do not regularly monitor Users’ interactions with the Services or communications with each other on the Services. However, CN may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. CN reserves the right to terminate your Membership if we determine, in our sole discretion, that doing so is necessary to enforce these Terms or to protect its business reputation or Users.

Communications with Users

You are solely responsible for your interactions with other Users.

Release

As a condition of access to and use of the Services, you release CN, including its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of the Services, including any claim against any individual or entity who creates an unauthorized account for you on your behalf.

User Disputes

You understand and agree that: (i) CN will have the right but not the obligation to assist Users in resolving disputes among Users relating to Users’ use of the Services; (ii) CN’s resolution of any particular dispute does not create an obligation to resolve any other dispute; (iii) to the extent CN assists in resolving such disputes, it will do so in good faith based solely on the general rules and standards of the Services; (iv) CN’s resolution of such disputes will be final with respect to the respective Users’ use of the Services; and (v) you release CN from claims, demands and damages of every kind and nature in any way connected with CN’s resolution of User disputes relating to the Services.

VIII. DISCLAIMERS OF WARRANTY AND LIABILITY

The Services are provided “As Is”

CN provides the Services strictly on an “AS IS” basis and does not guarantee that the Services will function without interruption or errors in functioning, or be virus-free. The operation of the Services may be interrupted due to maintenance, updates, or system or network failures. CN disclaims all liability for damages caused by any interruption, malfunction, impossibility of access, or poor use conditions of the Services for any reason. Use of the Services is at your own risk, to the fullest extent permissible under applicable law and except in New Jersey. CN EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

CN makes no warranty as to the quality, accuracy, completeness or validity of any information or Content you access or receive in connection with the Services, or that your use of the Services will meet your requirements. If you are dissatisfied or harmed by the Services, you may terminate your account in accordance with these Terms and such termination shall be your sole and exclusive remedy. CN is not responsible for, and makes no representations or warranties for the delivery of any messages sent through the Services to anyone. In addition, we neither warrant nor represent that your use of the Services will not infringe the rights of third parties. Any material, service, or technology described or used on the Services may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us. CN does not have any obligation to verify the identity of the persons accessing the Services or subscribing to the Services. CN disclaims all liability for identity theft or any other access to or misuse of your identity or information.

No Liability for Accumulated Content

When using the Services, you may accumulate Content that resides as data on CN’s servers. This data, and any other data, Membership account information or history, User personal information or names residing on CN servers may be deleted, altered, moved or transferred at any time for any reason in CN’s sole discretion. You acknowledge that, notwithstanding any copyright or other rights you may have with respect to User Content you upload, transmit, display and/or create using the Services, and notwithstanding any value attributed to such Content, you understand and agree that CN has the right, but not the obligation, to remove any Content (including your User Content) at any time, for any reason or no reason, with or without notice, and with no liability of any kind. CN EXPRESSLY DISCLAIMS ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON CN’S SERVERS.

Limitation of liability

IN NO EVENT IS CN OR ITS RESPECTIVE SUPPLIERS, LICENSORS OR DISTRIBUTORS IN HOSTING, OPERATING OR DELIVERING THE SERVICES LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST PROFITS, EXCLUDING CLAIMS BASED ON GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICES (INCLUDING ITS MODIFICATION OR TERMINATION), YOUR MEMBERSHIP (INCLUDING THEIR TERMINATION OR SUSPENSION) OR THESE TERMS, WHETHER OR NOT CN MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

IN ADDITION, EXCLUDING CLAIMS BASED ON GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, YOU AGREE THAT IN NO EVENT WILL CN’S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED THE LESSOR OF THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR THE SERVICE, IF ANY, OR U.S. FIFTY DOLLARS ($50.00). SOME STATES INCLUDING NEW JERSEY OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. If you are a California resident, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

Indemnification

You agree to defend, indemnify and hold harmless CN and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors from and against all damages, losses, liabilities, claims, and costs (including, but not limited to, reasonable attorneys’ fees and costs including costs to respond to regulatory inquiries, actions or subpoenas) related to all third party claims, charges, and investigations, arising from, relating to, or caused by (a) your use of the Services, (b) your failure to comply with these Terms, including, without limitation, your submission or use of Content in violation of third party rights or applicable laws, rules or regulations or (c) your Membership.

IX. DISPUTE RESOLUTION

Governing Law

These Terms shall be governed, construed, and enforced in accordance with the laws of the state where the Talent resides, as determined by the address on file with CN, without regard to its conflict of laws rules except that the arbitration provision shall be governed by the Federal Arbitration Act as stated herein.

Notice of Claims

In the event a dispute arises between you and CN we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute through arbitration. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim (as defined below) and setting forth the specific relief sought. All Notices of Dispute with CN shall be sent to the following address: Casting Networks, LLC, Attn: Dispute Resolution, 3250 Wilshire Blvd Ste. 1800, Los Angeles, CA 90010 USA.

All notices to Users will be sent to the email or street address provided in the User’s account. Upon receipt of such Notice of Dispute, the other party shall have a 60-day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the Notice of Dispute, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such a 60-day cure period, you or CN may commence an arbitration proceeding in accordance with the following procedure. This notice requirement is a condition precedent to any arbitration proceeding, as described below.

Arbitration and Class Action Waiver

YOU AND CN AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, CONNECTED WITH OR RELATING TO THESE TERMS, ANY CONTRACT, TORT, MISREPRESENTATION, FRAUD OR OTHER LEGAL THEORY OR CAUSE OF ACTION, STATUTE, OR OTHERWISE RELATING TO THE SERVICES (“CLAIMS”) WHICH CANNOT BE SETTLED BY MUTUAL AGREEMENT OF THE PARTIES, SHALL BE RESOLVED BY ONE ARBITRATOR THROUGH BINDING ARBITRATION. HOWEVER, YOU OR CN MAY BRING ANY CLAIM IN SMALL CLAIMS COURT CONSISTENT WITH THE APPLICABLE JURISDICTIONAL LIMITS. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE BROADLY INTERPRETED. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, JUST AS A COURT WOULD, THE ARBITRATOR MUST HONOR THESE TERMS. THE ARBITRATOR’S DECISION AND AWARD IS FINAL AND BINDING, WITH SOME EXCEPTIONS UNDER THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1, ET SEQ., AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION. BY AGREEING TO THESE TERMS, YOU AND CN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. Any Claim must be brought in the parties’ individual capacity in arbitration, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. YOU AND CN UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, BY AGREEING TO THESE TERMS AND USING THE SERVICES YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY THROUGH ARBITRATION. IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH ABOVE CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY. If for any reason a claim proceeds in court rather than through arbitration, you and CN agree that there will not be a jury trial. You and CN unconditionally waive any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Terms in any way. In the event of litigation, this paragraph may be filed to show a written consent to a trial by the court.

JAMS

Unless otherwise agreed to by you and CN in writing or for individual claims brought by you or CN in small claims court, the arbitration will be governed and conducted by JAMS before a single arbitrator from JAMS, or another established alternative dispute resolution (“ADR”) provider, chosen by CN, who is licensed to practice law. The arbitration proceeding will be located in Los Angeles, California, and for any non-frivolous demand, CN will: (1) pay the costs of the arbitration up to $10,000; (2) if you prefer will conduct the arbitration by telephone, and (3) will not seek attorney’s fees in the event CN prevails. Each party shall pay the fees and costs of its own counsel, experts and witnesses (as applicable) and will be conducted in accordance with JAMS rules. The JAMS rules, including the selection of an arbitrator, filing, administration, discovery and arbitrator fees will be conducted under the JAMS Comprehensive Arbitration Rules & Procedures, except as modified by these Terms or otherwise agreed to by you and CN in writing. The JAMS rules are available on its website at www.jamsadr.com. To the extent that this Dispute Resolution section conflicts with JAMS’s minimum standards for procedural fairness, the JAMS’ rules and/or minimum standards for arbitration procedures in that regard shall control. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or for the arbitrator’s award; and any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, or enforceability of these Terms including any claim that all or any part of these Terms are void or voidable. However, the preceding sentence shall not apply to the clause in this Dispute Resolution provision regarding the Class Action waiver.

Exception

Any claim or action for (i) indemnification, (ii) any violation of CN intellectual property rights, (iii) contribution, (iv) interpleader, or (v) injunctive relief arising out of a Claim shall not be subject to arbitration.

Survival

This arbitration provision shall survive termination of these Terms, including the termination of any relationship between you and CN.

Severability

If any provision of this Section is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable except that should the provision on class action waiver for any Claim be found to be unenforceable by a court of law, then the provision to arbitrate will not apply.

X. GENERAL PROVISIONS

Export Control

The Services are controlled and operated by CN from its offices within the United States. CN makes no representation that any Content, Software or other products in the Services are appropriate or available for use in other locations, and access to such materials or use of the Services from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If you use the Services from other locations, you are responsible for compliance with applicable local laws including, but not limited to, the export and import regulations of other countries. Your use of the Services, including our Software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any Software or Service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving United States origin products, including Services or Software.

Notices

CN may give notice to you by means of a general notice on the Services, at or after log-in to your Membership account, by electronic mail to your e-mail address in our records for your Membership, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your Membership. All notices given by you, whether or not required under these Terms, shall be emailed to support@castingnetworks.com; or sent to us by postal mail or courier at:

CASTING NETWORKS LLC
ATTN DISPUTE RESOLUTION
3250 WILSHIRE BLVD STE 1800
LOS ANGELES, CA 90010
USA

Any notices that you provide without compliance with this section shall have no legal effect.

Waiver

The failure of CN to partially or fully exercise any rights under these Terms, or the waiver of CN of any breach of these Terms by you, shall not prevent a subsequent exercise of such rights by CN or be deemed a waiver by CN of any subsequent breach by you of the same or any other condition of these Terms. The rights and remedies of CN under these Terms, its policies, and any other applicable agreement between you and CN shall be cumulative, and the exercise of any such right or remedy shall not limit CN’s right to exercise any other right or remedy.

Severability

If any part of these Terms, other than the Class Action waiver as set forth above, is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect.

Headings

Headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms.

Third Party Beneficiaries

These Terms do not create third party beneficiary rights enforceable by third parties.

Entire Agreement

These Terms, and the policies incorporated herein, are the entire agreement between you and CN. They supersede any and all prior or contemporaneous agreements between you and CN relating to your use of the CN Services.

Copyright © 2023, Casting Networks, LLC. All rights reserved.

Effective Date: December 13, 2023

CASTING NETWORKS TERMS OF USE

Welcome to Casting Networks. These Terms of Use and any additional terms disclosed to you when you use our services (“Terms”) are a legally binding agreement between you and Casting Networks, LLC, its affiliates (collectively, “CN,” “we,” “our” or “us”) and its family of websites or other services that link to these Terms. THE TERMS INCLUDE A PROVISION REGARDING DISPUTE RESOLUTION, WHICH INCLUDES A REQUIREMENT FOR INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER.

I. ABOUT CASTING NETWORKS, LLC

Casting Networks, LLC provides a range of content, hosting, communication and networking services, including content, features, functionalities and other services to allow Talent (as defined below) to connect with talent agents, managers, casting directors, and other professionals rendering professional services in motion picture, theatrical, radio, television and other entertainment enterprises (collectively the “Services”) that may be offered on our websites, mobile websites, apps, or from other services, products, tools, offers or communications provided by CN.

CN is a Talent Listing Service.

CN IS NOT A TALENT AGENCY AND THIS IS NOT A TALENT AGENCY CONTRACT. ONLY A TALENT AGENT LICENSED PURSUANT TO SECTION 1700.5 OF THE LABOR CODE MAY ENGAGE IN THE OCCUPATION OF PROCURING, OFFERING, PROMISING, OR ATTEMPTING TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR AN ARTIST. CN IS PROHIBITED BY LAW FROM OFFERING OR ATTEMPTING TO OBTAIN AUDITIONS OR EMPLOYMENT FOR YOU. IT MAY ONLY PROVIDE YOU WITH LISTING INFORMATION. FOR MORE INFORMATION, CONSULT CHAPTER 4.5 (COMMENCING WITH SECTION 1701) OF PART 6 OF DIVISION 2 OF THE LABOR CODE. A DISPUTE ARISING OUT OF THE PERFORMANCE OF THE CONTRACT BY THE TALENT SERVICE THAT IS NOT RESOLVED TO THE SATISFACTION OF THE ARTIST/TALENT SHOULD BE REFERRED TO A LOCAL CONSUMER AFFAIRS DEPARTMENT OR LOCAL LAW ENFORCEMENT, AS APPROPRIATE.

Pursuant to California state law, CN has posted a $50,000 bond with the labor Commissioner issued by Vigilant Insurance Company, Bond No. 8304-18-32.

Registration of Minors

Minors are not eligible to create accounts, maintain profiles or utilize our Services. Only Talent Representatives or parents or legal guardians of Talent who are under the age of majority in the state or country in which they reside (“Minors”) may register for Membership, create and maintain profiles and resumes, and utilize the Services on behalf of Minors (collectively referred to as “Authorized Representatives”). Under applicable European Data Privacy Laws, children ages 13 to 16 may provide valid consent to process their personal information. Where consent is required under such European Data Privacy Laws, the Talent Representative has the obligation to provide to us evidence of such consent or, as required under the European Data Privacy Laws, the authorization of the holder of parental responsibility for the child. We may refuse to process, or to continue to process, the child’s personal information until we receive this evidence of consent or authorization.

II. ACCEPTANCE OF TERMS

Legally Binding Agreement

You agree that when registering with CN and clicking or tapping “I Accept” (or similar), or by accessing, viewing, downloading or otherwise using the Services, you are entering into a legally binding agreement with CN based on these Terms and our Privacy Policy, which is incorporated with these Terms. Additional Terms may be posted on some or all of the Services from time to time such as legal notices or rules for particular promotions, applications, downloads or other features or activities. If there is a conflict among Terms, you agree that CN will determine which Terms apply to which Services. These Terms set out your rights, obligations, and restrictions regarding your use of the Services. If you do not agree to any of the terms of the Privacy Policy or these Terms, you must discontinue accessing and/or using the Services. A “Visitor” is someone who accesses and browses the Services but does not register for an account. A “Member” is someone who has created an account on the Services and has received confirmation from CN that registration has been completed and membership has been established (“Membership”). CN may decline Membership registrations for any reason. Visitors and Members are referred to collectively as “Users.”

Updates to Terms

The Terms may change at any time. CN will post the most current version on the homepage of our website (https://www.castingnetworks.com/) or via a link on the applicable Service with a new Effective Date. Changes are effective from the Effective Date. Your continued access or use of the Services after we post changes to the Terms signifies your agreement to those changes. If you do not agree to the current Terms, you must discontinue using the Services.

Contact and Electronic Communications

By accessing or using the Services, you consent to having these Terms provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you provide us with contact information in connection with a particular activity, such as an email address or telephone number (“Contact Information”), you agree that this establishes a business relationship with us and that we may communicate with you using the Contact Information you provided to us. You acknowledge the legal authority over any Contact Information. This means we may contact you in person or by recorded message, by email, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, in app message or any other means of communication that your wireless or other telecommunications device may be capable of receiving through the Contact Information you have provided to us. Standard message and data rates may apply.

Your Consent to Email Marketing

We will send you marketing communications in accordance with our Privacy Policy.

III. ELIGIBILITY

You must be an Industry Professional to participate in the Services. An “Industry Professional” is:

  • An actor, model, dancer, voice-over talent, musician, a musical or performance group or other artist (“Talent”);
  • A casting director;
  • A production company;
  • A filmmaker;
  • Other entertainment industry professional; or
  • A professional talent representative (e.g., talent agency or management company), or an employee or authorized representative thereof (“Talent Representative”).

Authorization to Act on Behalf of Talent

Each Talent Representative represents that it is legally authorized to represent its respective Talent in connection with the Services and utilize all aspects of the applicable Services on behalf of the Talent in accordance with these Terms, including where applicable, the completion of a Profile or Resume and the sharing of that information with third parties. A Talent Representative agrees to stop using the Services immediately when such authority from Talent is no longer in effect. We are not obligated, but we reserve the right at any time, to require evidence of a Talent Representative’s authority to enter into these Terms and act on behalf of Talent in connection with the Services. Each Talent Representative also represents and warrants that all personal information that he or she provides to us through the Site or otherwise is collected by such Talent Representative or on his or her behalf and disclosed to us in full compliance with the applicable Data Privacy Laws including, as required by such Data Privacy Laws, with the comprehensive consent from or comprehensive data processing information provided to the relevant individuals whose personal information is provide to us. Each Authorized Representative is solely responsible for their acts or omissions in connection with the Services, including any violation of these Terms and CN’s Privacy Policy. Each Authorized Representative indemnifies and holds harmless CN and its affiliates, employees, officers, directors, and representatives from any losses, costs, expenses, damages, fines and/or penalties including reasonable attorneys’ fees, arising out of or in connection with a breach of this representation.

Individual Responsibility

If you are an individual acting on behalf of a Talent Representative, corporate or other legal entity (which may have also agreed to these Terms or have a separate agreement with CN), you are individually bound by these Terms as an individual User.

Responsibility to Update Talent Representative Information

Talent or Talent’s Authorized Representative is responsible for promptly notifying CN when a Talent Representative has been terminated or changed. If Talent has no representation, CN will turn control of the Membership over to Talent or Talent’s Authorized Representative subject to their direct acceptance of these Terms. Any changes should be sent via a support request at https://support.castingnetworks.com/hc/en-us/requests/new.

Registration

During the Membership registration process, you will be prompted to provide personal information that allows us to know who you are, such as your full name, age, street address, email address and phone number, as well as additional optional information such as height, weight, appearing ethnicity, and pictures (collectively, “Registration Information”). By using the Services, you represent and warrant that all Registration Information you submit is truthful, accurate, current and complete and you will maintain the accuracy of such Registration Information by updating and revising it promptly.

Representation

If you are a Talent Representative providing Registration Information on behalf of Talent, you warrant and represent that you have full authority to provide us with the Registration Information and any other personally identifying information of such Talent. If you are an Authorized Representative of Talent under the age of majority, a valid parent/guardian authorization may be required by law. The Services are not directed to children under the age of 13, and they are not permitted to sign up for or use the Services..

Validation of Registration Information

You authorize CN to make any inquiries, either directly or through third parties, to validate your Registration Information. CN reserves all rights to take legal action against anyone who provides inaccurate, false or incomplete personal information or is otherwise untruthful about their identity, and to suspend or cancel a Membership established using such information. Notwithstanding the foregoing, you acknowledge that CN cannot guarantee the accuracy of any information submitted by any User of the Services, including any identity information about any User.

CN Privacy Policy

For detailed information on how we use and share Users’ personal information, please read our Privacy Policy.

IV. USER CODE OF CONDUCT

You agree to use the Services in a professional manner, provide complete and accurate Registration Information to us, and update it as necessary. You further agree to comply with all applicable laws, rules, and regulations.

You agree not to:

  • use the Services or any personal information of any User for purposes other than in connection with utilizing the Services;
  • collect, use, share or transfer any information available on the Services except as expressly permitted by these Terms, or by the owner of such information;
  • use the Service in connection with any commercial endeavors except those that are specifically endorsed or approved by us;
  • include information in a profile or resume (or elsewhere on the Services) that reveals sensitive personal information, such as government identifiers such as Social Security numbers or Tax ID numbers, except in the designated fields where collection is required by law;
  • use the Services or any information obtained through the Services to stalk, abuse or attempt to abuse, or otherwise harass another individual;
  • act dishonestly or unprofessionally, such as by posting inappropriate, inaccurate or objectionable content;
  • take any action or upload, post, email or otherwise transmit any content that would violate any right or duty under any applicable law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, including without limitation, promotional materials that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation of similar nature;
  • use manual or automated software, devices, scripts robots, or other means or processes to access, “scrape,” “crawl” or “spider” any content or other services contained in or through the Services;
  • utilize information, content or any data you view on and/or obtain from the Services to provide any service that is competitive with the Services, including the use of CN trademarks or copyrighted material or confusingly similar marks;
  • attempt to or actually transmit or post a link to another service within your profile or resume or anywhere else on the Services other than as expressly permitted;
  • engage in or plan to engage in any illegal activity;
  • post, disseminate or transmit statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
  • disclose information that that you do not have the right to disclose, such as confidential information;
  • use an image that is not your likeness or headshot on your profile or resume or otherwise misrepresent your identity, your affiliation with a person or entity, or the source of any communication;
  • create, disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property or property rights of any person;
  • export, re-export or permit the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities;
  • interfere with, disrupt or attempt to gain unauthorized access to other accounts on the Services or any other computer network;
  • disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
  • damage, disable, overburden, or impair any CN server, or the network(s) connected to any CN server, or interfere with any other party’s use and enjoyment of any of the Services;
  • gain unauthorized access to any Services, accounts, computer systems or networks connected to any CN server or to any of the Services through hacking, cracking, distribution of counterfeit software, password mining or any other means;
  • reverse engineer, decompile or disassemble any software accessed through the Services;
  • transmit, post, or e-mail any misleading or false professional opportunities in your profile, resume or elsewhere on the Services;
  • engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  • access the Services except through the interfaces expressly provided by CN;
  • override any security feature of the Services; or
  • engage in any other activity deemed by CN in its sole discretion to be in competition with or in conflict with the spirit or intent of Services and the requirements of these Terms.

V. USER RIGHTS AND OBLIGATIONS

Preventing and Reporting Abuse

You agree that CN may take whatever steps it deems necessary to stop or prevent behavior of any kind on the Services that violate this Agreement in its sole discretion, without notice. For example, CN has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any User who publishes or distributes child pornography. You can report any violations of the User Code of Conduct or other abuse of the Services by emailing reportabuse@castingnetworks.com.

Termination or Cancellation by CN

CN may restrict, suspend or terminate the Membership of any User who violates these Terms or otherwise abuses or misuses the Services without warning. Such restriction, suspension, or termination, shall be effective immediately or as specified in any notice. In the event that CN restricts, suspends or terminates your Membership, no refund or credit of any Membership or other fees or exchange of the Services will be offered, except in our sole discretion. If a User whose account has been restricted, suspended or terminated has re-registered or attempts to have re-registered with CN (including under a new name) that User may be permanently barred from the Services without recourse. CN has adopted a policy of terminating accounts of Users (or blocking any associated IP address) and permanently barring without recourse any User who, in CN’s sole discretion, falsely represents that it is an Authorized Representative, Talent Representative, casting director or other Industry Professional, or any User who provides information that is false or misleading. CN may also cancel your account (Membership or any other type of account) at any time for any of the Services for any reason. If CN cancels your month-to-month membership, prepaid membership or other paid account, you will receive a refund for any months that are not completely used. The amount of such a refund will be calculated by multiplying the monthly rate by the number of months remaining on the account. If CN cancels during a month that has been partially used, it will nonetheless refund the full amount you paid for that month.

Membership Security and Unauthorized Use

You are fully responsible for all activities conducted through your Membership (including complying with these Terms). During the registration process you will also be asked to choose a password. You are entirely responsible for maintaining the security of your password. You must try to choose a strong and secure password and keep your password confidential. You may not use another Member’s account or password at any time, let an unauthorized third party access your account or use your Membership, or disclose your password information to any unauthorized third party. You agree to notify us immediately if you suspect any unauthorized use of your Membership or access to your account or password. You will be liable for our losses or the losses of others as a result of such unauthorized use until such time as you terminate your Membership or prove that your account security was compromised due to no fault of your own.

Fees and Billing Information

We offer a number of plans. Each has its own features and pricing and as a User you may select a plan that you qualify for that best suits your needs. Payment for subscriptions will be made in accordance with the selected plan. Prices and features for plans are subject to change in accordance with these Terms. Notice of any price changes will be provided to Users in advance, and you will have the option to change or cancel your subscription if you do not agree with the new pricing in accordance with these Terms once the existing term is complete.

Certain changes to a plan, such as moving to a higher-priced plan, will result in an immediate adjustment to the fee on the date access to the new plan and its features commences. If you are moving to a lower-priced plan, the change will take effect at the end of the current term. We may, from time to time, adjust or reduce the allocation of features and capabilities among different plans. We will make reasonable efforts to provide advance notice to affected Users of any material changes. If you purchase any of our paid Services, on either a one-time monthly basis or recurring monthly billing subscription basis, you agree that CN (and its authorized service providers) may store your payment card information. CN will bill you the appropriate fee, applicable taxes and any other disclosed charges for the Services (“Fees”) using the billing information provided by you (“Billing Information”). You agree to pay CN all Fees at the prices then in effect for your use of the Services using your Billing Information, and you authorize CN to charge your Payment Provider (“Payment Method”) for the Fees associated with the Services selected. All subscriptions longer than one month will automatically renew at our monthly subscription rate and are billed on a monthly basis and are subject to our Subscription Terms, below and presented as agreed at the time of signup. The terms of your Payment Method may be determined by agreements between you and the financial institution, debit/credit card issuer or other provider of your chosen Payment Method (the “Payment Provider”), which may include additional fees, including foreign transaction fees. If CN does not receive payment from your Payment Provider, you agree to pay all amounts due on your account upon demand. In the event we have to collect unpaid Fees owed, you will be liable for any collection costs and fees (including reasonable attorneys’ fees). Note that for Services purchased by another party for your account (e.g., by your Talent Representative), the party paying for the Services is responsible for making prompt payment and failure to do so may result in termination of your Membership. All Fees are in US Dollars, unless otherwise indicated, and do not include Internet service provider, telephone, or other connection charges, if any, that are billed by third parties. Depending upon your credit card’s currency and the country in which your card was issued, your credit card provider may impose foreign exchange fees and other fees in accordance with your arrangements with that credit card provider.

If you choose a Membership, the Membership will continue on a continuous basis until canceled, as described below. You agree that CN is authorized to bill you each month using the Payment Method provided.

Memberships & Cancellation by You

YOU HAVE THE RIGHT TO CANCEL YOUR MONTH-TO-MONTH OR PREPAID MEMBERSHIP OR ANY OTHER ACCOUNT AND OBTAIN A FULL REFUND FOR ANY AMOUNT PAID WITHIN 10 BUSINESS DAYS OF INITIAL PURCHASE.

After the 10-day cancellation period, you may also cancel your account at any time for any of the Services. If you cancel a month-to-month, pre-paid semi-annual or annual subscription, you will avoid future charges but partial months are not refunded. For more information on your Membership and to cancel your Membership or other account at any point during your subscription term or otherwise, you can contact us at https://support.castingnetworks.com/hc/en-us/requests/new. We will cancel your account as soon as possible after resolving any outstanding account issues and in accordance with applicable law.

Remove Your Account And Associated Data And Content

If you want to remove your account, please see our Help Center at https://support.castingnetworks.com/hc/en-us/requests/new. Once you have requested to remove your account, and/or data or content within your account, the removal process will automatically begin. Once any data is deleted, data will be deleted from backups and recovery systems as quickly as is technically possible. Your data and content will not be deleted in the following circumstances:

  • Where your data or content has been shared with others in accordance with these Terms of Use (see section ‘Ownership and License of User Content’);
  • Where there are technical limitations in completing the deletion, in which case, data will be removed as quick as is technically feasible;
  • Where deletion may hinder our ability to meet the following. In such cases data and content will be retained for the length of time in order to meet the purposes for which it was retained:
    • investigate violations of these Terms of Use and/or to identify illegal activity;
    • ensure the safety of users and the security of the systems and services;
    • meet or comply with a legal obligation or formal request from a government agency, law enforcement organization or government agency.

Users must request or complete downloads of data or content before requesting or completing removal or deletion.

Interruption of Services

CN may at any time for any or no reason interrupt availability of some or all aspects of the Services, or modify, replace, refuse access to, or discontinue any Services, or change or modify our Fees in our sole discretion. Any changes to the Services or Fees are effective when posted on the Services or when communicated to you directly. CN is not liable for any interruption of Services, or delay or failure to perform, and you understand that in such cases you shall not be entitled to any refunds of Fees.

Content in Your Account

We may remove and or discard any content available as part of your Membership account, including your profile or resume, with or without notice, for any reason. CN has no obligation to store, maintain or provide you with a copy of any content that you or other Users provide when using the Services.

Media Storage

Media is defined as photographs, audio, or videos or other types of files, which as a User you add to your Profile, respond with to Media Requests or uploaded to Submissions. Media storage limits may be applied to plans. Storage capacity is calculated using the original file-size and is tied to an individual artist. Media must meet minimum quality criteria. The amount of media you can upload within your plan will depend on various factors including file type, size, resolution, and quality. Services may be unavailable to a User if a User has reached or exceeded the media storage limit. Time limits may be applied to media removal and archival activity within an account. We reserve the right to adjust media storage limits for plans at our discretion. Users will be provided with reasonable notice of any material changes to media storage limits. Media storage services may be withdrawn upon expiry of a subscription. We cannot be held responsible for loss or corruption of data, including accidental or intentional deletion by any party.

Non-Commercial Use

The Services are for the personal use of Users and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Please see Section IV. “User Code of Conduct” for details on the permitted and prohibited uses of the Services. Illegal and/or unauthorized use of the Services, including collecting names and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or commercial solicitations, or unauthorized framing of or linking to the Services is prohibited. Commercial advertisements, affiliate and third party links, and other forms of solicitations may be removed from Member profiles or resumes without notice and may result in termination of Membership, at our sole discretion. Appropriate legal action may be taken for any illegal or unauthorized use of the Services.

Links to Third Party Services

The Services may include links to third party apps, websites or other services (“Third Party Sites”). You are responsible for deciding whether you want to access or use a Third Party Site. CN is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. Third Party Sites have their own legal terms of use and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, we are not responsible for Third Party Sites – use or access them at your own risk.

VI. INTELLECTUAL PROPERTY RIGHTS

Access to Content on the Services

You acknowledge that: (i) by using the Services you may have access to pictures, digital images, graphics, music, video, audio, text, computer code and other creative output (collectively, “Content”); and (ii) this Content includes Content owned or licensed by CN (“CN Content”), or owned or licensed by Users (“User Content”). You acknowledge that CN, CN licensors, and Users have rights in their respective Content under copyright and other applicable laws and treaty provisions. You accept full responsibility and liability for your use of any Content in violation of any such rights.

User Content

CN may choose, but has no obligation, to pre-screen or monitor the Services for inappropriate User Content or conduct at any time, and it may delete any User Content that violates these Terms, as determined by CN in its sole discretion. However, if CN chooses to pre-screen or monitor User Content, CN nonetheless assumes no responsibility for such User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.

View Content at Your Risk

You understand that when using the Services, you will be exposed to Content from a variety of sources, and that CN is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, objectionable, or that contains errors or omissions.

Ownership of User Content Posted by Other Users of our Services

All User Content, including all project information posted on the Services by any user, including by casting directors, is either owned or licensed by the user that posted it. Therefore, other users of our Services may not distribute, modify, transmit, reuse, download, repost, copy, or use the User Content of others, including project information, for any reason without express prior written permission from the user that posted it. A violation of this Section is cause for immediate and permanent termination of your right to use our Services.

Our Ownership Rights

All right, title and interest in and to the Services is the exclusive property of CN and its licensors. We hereby grant you a limited, revocable, non-sublicensable license to reproduce and display the CN Content (excluding any software code) solely for your personal use and to the extent necessary to access or use the Services. CN reserves all rights not expressly granted in and to the CN Content and the Services.

Software Use Restrictions

You acknowledge that any software and related documentation that may be available to download from the Services (the “Software”) is a copyrighted work owned or licensed by CN and that you do not acquire any ownership rights by downloading the Software. You agree that your use of the Software is governed by these Terms and is also governed by the terms of the license agreement, if any, that accompanies or is included with the Software (the “License Agreement”). Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT IN NEW JERSEY AND AS SET FORTH IN THE LICENSE AGREEMENT, THE SOFTWARE IS PROVIDED TO YOU ON AN “AS-IS” AND “WHERE-IS” BASIS, AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED.

Feedback

All comments, feedback or materials submitted by you to us, including feedback, testimonials, images, reviews, questions, comments, suggestions or ideas (collectively, “Feedback”), are received and treated by us on a non-confidential and unrestricted basis. CN has a limited, non-exclusive license to use, display, perform, distribute, copy, adapt, and promote the Feedback in any way, without any additional compensation to you. You agree that in submitting Feedback, it will not violate any right of any third party, including any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain viruses, commercial solicitations, or any form of “spam”.

Ownership and License of User Content

You retain copyright and other intellectual property rights you have under law with respect to the User Content that you submit or transmit to or display on or through the Services. However, by posting your User Content on the Services, you grant to CN and its affiliated companies, and their sub-licensees (or other suppliers) of the Services permission to use, transmit, reproduce, publish, publicly display, publicly perform, reformat, edit, delete, learn from, transcribe, analyze or translate your User Content in connection with current or future Services (“License”). No compensation is payable to you with respect to the use of your User Content, as provided herein. You may edit some of your User Content by using the tools on the Services; however, if you have shared User Content with others through the Services, CN has no control over any third parties use of that Content. Further, you acknowledge that removed User Content may persist in the systems of those who have had previous access to User Content through our Services, and in backup copies for recordkeeping and internal purposes, including enforcing these Terms. Please see the terms of our Privacy Policy for further information on how we use, share and store the personal information you provide to us and your choices. You represent that you have all rights necessary to grant us the License set forth in this section, that your User Content is accurate and not confidential, and the submission, transmission, posting and use of your User Content on the Services is not in violation of any applicable laws or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights of persons or property appearing therein). You are solely responsible for your User Content or any other User Content you access through the Services.

Digital Millennium Copyright Act

CN has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512, (the “DMCA”) and avails itself of the protections under the DMCA. Further, we reserve the right to remove any User Content on the Services which allegedly infringes another person’s copyright and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringes another person’s copyright. It is our policy to terminate the access of repeat infringers. However, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party’s copyright to remain on the CN Services.

Filing a Complaint

If you believe any material on the Services infringes a copyright, you should provide us with a request to takedown the allegedly infringing material in the form of a written letter, sent by regular mail only, (“DMCA Takedown Notice”) that at a minimum includes:

  • Identification of the material that is claimed to be infringing or to be the subject of 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;
  • Your name, address, telephone number and email address (if available);
  • A statement that the complaining party 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;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  • The signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notwithstanding the foregoing, we reserve the right to ignore a DMCA Takedown Notice that is not in compliance with the DMCA.

Filing a Counter-Notice

If your material has been removed or blocked by us as a result of our receipt of a DMCA Takedown Notice, you may send us a request asking for the allegedly infringing material to be restored in the form of a written letter, sent by regular mail only, (“DMCA Counter-Notice”) that at a minimum includes:

  • Identification of the copyrighted work or works that were removed by CN and the location at which the works appeared before they were removed, with information reasonably sufficient to permit us to identify the copyrighted work;
  • Your name, address, telephone number and email address (if available);
  • A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located, or California if your address is outside of the United States;
  • A statement that you will accept service of process from the person (or an agent of such person) who provided the DMCA Takedown Notice to us;
  • A statement that you have a good faith belief that the allegedly infringing material identified above as the copyrighted work was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • A signature of a person authorized to act on behalf of the owner of the copyrighted work that was taken down.

Both the DMCA Takedown Notice and the DMCA Counter-Notice must be sent to our designated DMCA agent via email at dmca-takedown@castingnetworks.com or by postal mail as follows:

RAFI GORDON
CASTING NETWORKS, LLC
3250 WILSHIRE BLVD STE 1800
LOS ANGELES, CA 90010
USA

Emails or letters sent to these contact addresses that do not relate to the DMCA will be ignored.

VII. INTERACTING WITH OTHER USERS

Service Provider

CN is a service provider so we don’t control each and every aspect of the Services. For example, we do not regularly monitor Users’ interactions with the Services or communications with each other on the Services. However, CN may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. CN reserves the right to terminate your Membership if we determine, in our sole discretion, that doing so is necessary to enforce these Terms or to protect its business reputation or Users.

Communications with Users

You are solely responsible for your interactions with other Users.

Release

As a condition of access to and use of the Services, you release CN, including its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of the Services, including any claim against any individual or entity who creates an unauthorized account for you on your behalf.

User Disputes

You understand and agree that: (i) CN will have the right but not the obligation to assist Users in resolving disputes among Users relating to Users’ use of the Services; (ii) CN’s resolution of any particular dispute does not create an obligation to resolve any other dispute; (iii) to the extent CN assists in resolving such disputes, it will do so in good faith based solely on the general rules and standards of the Services; (iv) CN’s resolution of such disputes will be final with respect to the respective Users’ use of the Services; and (v) you release CN from claims, demands and damages of every kind and nature in any way connected with CN’s resolution of User disputes relating to the Services.

VIII. DISCLAIMERS OF WARRANTY AND LIABILITY

The Services are provided “As Is”

CN provides the Services strictly on an “AS IS” basis and does not guarantee that the Services will function without interruption or errors in functioning, or be virus-free. The operation of the Services may be interrupted due to maintenance, updates, or system or network failures. CN disclaims all liability for damages caused by any interruption, malfunction, impossibility of access, or poor use conditions of the Services for any reason. Use of the Services is at your own risk, to the fullest extent permissible under applicable law and except in New Jersey. CN EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

CN makes no warranty as to the quality, accuracy, completeness or validity of any information or Content you access or receive in connection with the Services, or that your use of the Services will meet your requirements. If you are dissatisfied or harmed by the Services, you may terminate your account in accordance with these Terms and such termination shall be your sole and exclusive remedy. CN is not responsible for, and makes no representations or warranties for the delivery of any messages sent through the Services to anyone. In addition, we neither warrant nor represent that your use of the Services will not infringe the rights of third parties. Any material, service, or technology described or used on the Services may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us. CN does not have any obligation to verify the identity of the persons accessing the Services or subscribing to the Services. CN disclaims all liability for identity theft or any other access to or misuse of your identity or information.

No Liability for Accumulated Content

When using the Services, you may accumulate Content that resides as data on CN’s servers. This data, and any other data, Membership account information or history, User personal information or names residing on CN servers may be deleted, altered, moved or transferred at any time for any reason in CN’s sole discretion. You acknowledge that, notwithstanding any copyright or other rights you may have with respect to User Content you upload, transmit, display and/or create using the Services, and notwithstanding any value attributed to such Content, you understand and agree that CN has the right, but not the obligation, to remove any Content (including your User Content) at any time, for any reason or no reason, with or without notice, and with no liability of any kind. CN EXPRESSLY DISCLAIMS ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON CN’S SERVERS.

Limitation of liability

IN NO EVENT IS CN OR ITS RESPECTIVE SUPPLIERS, LICENSORS OR DISTRIBUTORS IN HOSTING, OPERATING OR DELIVERING THE SERVICES LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST PROFITS, EXCLUDING CLAIMS BASED ON GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICES (INCLUDING ITS MODIFICATION OR TERMINATION), YOUR MEMBERSHIP (INCLUDING THEIR TERMINATION OR SUSPENSION) OR THESE TERMS, WHETHER OR NOT CN MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

IN ADDITION, EXCLUDING CLAIMS BASED ON GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, YOU AGREE THAT IN NO EVENT WILL CN’S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED THE LESSOR OF THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR THE SERVICE, IF ANY, OR U.S. FIFTY DOLLARS ($50.00). SOME STATES INCLUDING NEW JERSEY OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. If you are a California resident, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

Indemnification

You agree to defend, indemnify and hold harmless CN and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors from and against all damages, losses, liabilities, claims, and costs (including, but not limited to, reasonable attorneys’ fees and costs including costs to respond to regulatory inquiries, actions or subpoenas) related to all third party claims, charges, and investigations, arising from, relating to, or caused by (a) your use of the Services, (b) your failure to comply with these Terms, including, without limitation, your submission or use of Content in violation of third party rights or applicable laws, rules or regulations or (c) your Membership.

IX. DISPUTE RESOLUTION

Governing Law

These Terms shall be governed, construed, and enforced in accordance with the laws of the state where the Talent resides, as determined by the address on file with CN, without regard to its conflict of laws rules except that the arbitration provision shall be governed by the Federal Arbitration Act as stated herein.

Notice of Claims

In the event a dispute arises between you and CN we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute through arbitration. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim (as defined below) and setting forth the specific relief sought. All Notices of Dispute with CN shall be sent to the following address: Casting Networks, LLC, Attn: Dispute Resolution, 3250 Wilshire Blvd Ste. 1800, Los Angeles, CA 90010 USA.

All notices to Users will be sent to the email or street address provided in the User’s account. Upon receipt of such Notice of Dispute, the other party shall have a 60-day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the Notice of Dispute, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such a 60-day cure period, you or CN may commence an arbitration proceeding in accordance with the following procedure. This notice requirement is a condition precedent to any arbitration proceeding, as described below.

Arbitration and Class Action Waiver

YOU AND CN AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, CONNECTED WITH OR RELATING TO THESE TERMS, ANY CONTRACT, TORT, MISREPRESENTATION, FRAUD OR OTHER LEGAL THEORY OR CAUSE OF ACTION, STATUTE, OR OTHERWISE RELATING TO THE SERVICES (“CLAIMS”) WHICH CANNOT BE SETTLED BY MUTUAL AGREEMENT OF THE PARTIES, SHALL BE RESOLVED BY ONE ARBITRATOR THROUGH BINDING ARBITRATION. HOWEVER, YOU OR CN MAY BRING ANY CLAIM IN SMALL CLAIMS COURT CONSISTENT WITH THE APPLICABLE JURISDICTIONAL LIMITS. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE BROADLY INTERPRETED. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, JUST AS A COURT WOULD, THE ARBITRATOR MUST HONOR THESE TERMS. THE ARBITRATOR’S DECISION AND AWARD IS FINAL AND BINDING, WITH SOME EXCEPTIONS UNDER THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1, ET SEQ., AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION. BY AGREEING TO THESE TERMS, YOU AND CN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. Any Claim must be brought in the parties’ individual capacity in arbitration, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. YOU AND CN UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, BY AGREEING TO THESE TERMS AND USING THE SERVICES YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY THROUGH ARBITRATION. IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH ABOVE CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY. If for any reason a claim proceeds in court rather than through arbitration, you and CN agree that there will not be a jury trial. You and CN unconditionally waive any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Terms in any way. In the event of litigation, this paragraph may be filed to show a written consent to a trial by the court.

JAMS

Unless otherwise agreed to by you and CN in writing or for individual claims brought by you or CN in small claims court, the arbitration will be governed and conducted by JAMS before a single arbitrator from JAMS, or another established alternative dispute resolution (“ADR”) provider, chosen by CN, who is licensed to practice law. The arbitration proceeding will be located in Los Angeles, California, and for any non-frivolous demand, CN will: (1) pay the costs of the arbitration up to $10,000; (2) if you prefer will conduct the arbitration by telephone, and (3) will not seek attorney’s fees in the event CN prevails. Each party shall pay the fees and costs of its own counsel, experts and witnesses (as applicable) and will be conducted in accordance with JAMS rules. The JAMS rules, including the selection of an arbitrator, filing, administration, discovery and arbitrator fees will be conducted under the JAMS Comprehensive Arbitration Rules & Procedures, except as modified by these Terms or otherwise agreed to by you and CN in writing. The JAMS rules are available on its website at www.jamsadr.com. To the extent that this Dispute Resolution section conflicts with JAMS’s minimum standards for procedural fairness, the JAMS’ rules and/or minimum standards for arbitration procedures in that regard shall control. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or for the arbitrator’s award; and any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, or enforceability of these Terms including any claim that all or any part of these Terms are void or voidable. However, the preceding sentence shall not apply to the clause in this Dispute Resolution provision regarding the Class Action waiver.

Exception

Any claim or action for (i) indemnification, (ii) any violation of CN intellectual property rights, (iii) contribution, (iv) interpleader, or (v) injunctive relief arising out of a Claim shall not be subject to arbitration.

Survival

This arbitration provision shall survive termination of these Terms, including the termination of any relationship between you and CN.

Severability

If any provision of this Section is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable except that should the provision on class action waiver for any Claim be found to be unenforceable by a court of law, then the provision to arbitrate will not apply.

X. GENERAL PROVISIONS

Export Control

The Services are controlled and operated by CN from its offices within the United States. CN makes no representation that any Content, Software or other products in the Services are appropriate or available for use in other locations, and access to such materials or use of the Services from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If you use the Services from other locations, you are responsible for compliance with applicable local laws including, but not limited to, the export and import regulations of other countries. Your use of the Services, including our Software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any Software or Service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving United States origin products, including Services or Software.

Notices

CN may give notice to you by means of a general notice on the Services, at or after log-in to your Membership account, by electronic mail to your e-mail address in our records for your Membership, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your Membership. All notices given by you, whether or not required under these Terms, shall be emailed to support@castingnetworks.com; or sent to us by postal mail or courier at:

CASTING NETWORKS LLC
ATTN DISPUTE RESOLUTION
3250 WILSHIRE BLVD STE 1800
LOS ANGELES, CA 90010
USA

Any notices that you provide without compliance with this section shall have no legal effect.

Waiver

The failure of CN to partially or fully exercise any rights under these Terms, or the waiver of CN of any breach of these Terms by you, shall not prevent a subsequent exercise of such rights by CN or be deemed a waiver by CN of any subsequent breach by you of the same or any other condition of these Terms. The rights and remedies of CN under these Terms, its policies, and any other applicable agreement between you and CN shall be cumulative, and the exercise of any such right or remedy shall not limit CN’s right to exercise any other right or remedy.

Severability

If any part of these Terms, other than the Class Action waiver as set forth above, is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect.

Headings

Headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms.

Third Party Beneficiaries

These Terms do not create third party beneficiary rights enforceable by third parties.

Entire Agreement

These Terms, and the policies incorporated herein, are the entire agreement between you and CN. They supersede any and all prior or contemporaneous agreements between you and CN relating to your use of the CN Services.

Copyright © 2023, Casting Networks, LLC. All rights reserved.

Effective Date: December 13, 2023

CASTING NETWORKS TERMS OF USE

Welcome to Casting Networks. These Terms of Use and any additional terms disclosed to you when you use our services (“Terms”) are a legally binding agreement between you and Casting Networks, LLC, its affiliates (collectively, “CN,” “we,” “our” or “us”) and its family of websites or other services that link to these Terms. THE TERMS INCLUDE A PROVISION REGARDING DISPUTE RESOLUTION, WHICH INCLUDES A REQUIREMENT FOR INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER.

I. ABOUT CASTING NETWORKS, LLC

Casting Networks, LLC provides a range of content, hosting, communication and networking services, including content, features, functionalities and other services to allow Talent (as defined below) to connect with talent agents, managers, casting directors, and other professionals rendering professional services in motion picture, theatrical, radio, television and other entertainment enterprises (collectively the “Services”) that may be offered on our websites, mobile websites, apps, or from other services, products, tools, offers or communications provided by CN.

CN is a Talent Listing Service.

CN IS NOT A TALENT AGENCY AND THIS IS NOT A TALENT AGENCY CONTRACT. ONLY A TALENT AGENT LICENSED PURSUANT TO SECTION 1700.5 OF THE LABOR CODE MAY ENGAGE IN THE OCCUPATION OF PROCURING, OFFERING, PROMISING, OR ATTEMPTING TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR AN ARTIST. CN IS PROHIBITED BY LAW FROM OFFERING OR ATTEMPTING TO OBTAIN AUDITIONS OR EMPLOYMENT FOR YOU. IT MAY ONLY PROVIDE YOU WITH LISTING INFORMATION. FOR MORE INFORMATION, CONSULT CHAPTER 4.5 (COMMENCING WITH SECTION 1701) OF PART 6 OF DIVISION 2 OF THE LABOR CODE. A DISPUTE ARISING OUT OF THE PERFORMANCE OF THE CONTRACT BY THE TALENT SERVICE THAT IS NOT RESOLVED TO THE SATISFACTION OF THE ARTIST/TALENT SHOULD BE REFERRED TO A LOCAL CONSUMER AFFAIRS DEPARTMENT OR LOCAL LAW ENFORCEMENT, AS APPROPRIATE.

Pursuant to California state law, CN has posted a $50,000 bond with the labor Commissioner issued by Vigilant Insurance Company, Bond No. 8304-18-32.

Registration of Minors

Minors are not eligible to create accounts, maintain profiles or utilize our Services. Only Talent Representatives or parents or legal guardians of Talent who are under the age of majority in the state or country in which they reside (“Minors”) may register for Membership, create and maintain profiles and resumes, and utilize the Services on behalf of Minors (collectively referred to as “Authorized Representatives”). Under applicable European Data Privacy Laws, children ages 13 to 16 may provide valid consent to process their personal information. Where consent is required under such European Data Privacy Laws, the Talent Representative has the obligation to provide to us evidence of such consent or, as required under the European Data Privacy Laws, the authorization of the holder of parental responsibility for the child. We may refuse to process, or to continue to process, the child’s personal information until we receive this evidence of consent or authorization.

II. ACCEPTANCE OF TERMS

Legally Binding Agreement

You agree that when registering with CN and clicking or tapping “I Accept” (or similar), or by accessing, viewing, downloading or otherwise using the Services, you are entering into a legally binding agreement with CN based on these Terms and our Privacy Policy, which is incorporated with these Terms. Additional Terms may be posted on some or all of the Services from time to time such as legal notices or rules for particular promotions, applications, downloads or other features or activities. If there is a conflict among Terms, you agree that CN will determine which Terms apply to which Services. These Terms set out your rights, obligations, and restrictions regarding your use of the Services. If you do not agree to any of the terms of the Privacy Policy or these Terms, you must discontinue accessing and/or using the Services. A “Visitor” is someone who accesses and browses the Services but does not register for an account. A “Member” is someone who has created an account on the Services and has received confirmation from CN that registration has been completed and membership has been established (“Membership”). CN may decline Membership registrations for any reason. Visitors and Members are referred to collectively as “Users.”

Updates to Terms

The Terms may change at any time. CN will post the most current version on the homepage of our website (https://www.castingnetworks.com/) or via a link on the applicable Service with a new Effective Date. Changes are effective from the Effective Date. Your continued access or use of the Services after we post changes to the Terms signifies your agreement to those changes. If you do not agree to the current Terms, you must discontinue using the Services.

Contact and Electronic Communications

By accessing or using the Services, you consent to having these Terms provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you provide us with contact information in connection with a particular activity, such as an email address or telephone number (“Contact Information”), you agree that this establishes a business relationship with us and that we may communicate with you using the Contact Information you provided to us. You acknowledge the legal authority over any Contact Information. This means we may contact you in person or by recorded message, by email, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, in app message or any other means of communication that your wireless or other telecommunications device may be capable of receiving through the Contact Information you have provided to us. Standard message and data rates may apply.

Your Consent to Email Marketing

We will send you marketing communications in accordance with our Privacy Policy.

III. ELIGIBILITY

You must be an Industry Professional to participate in the Services. An “Industry Professional” is:

  • An actor, model, dancer, voice-over talent, musician, a musical or performance group or other artist (“Talent”);
  • A casting director;
  • A production company;
  • A filmmaker;
  • Other entertainment industry professional; or
  • A professional talent representative (e.g., talent agency or management company), or an employee or authorized representative thereof (“Talent Representative”).

Authorization to Act on Behalf of Talent

Each Talent Representative represents that it is legally authorized to represent its respective Talent in connection with the Services and utilize all aspects of the applicable Services on behalf of the Talent in accordance with these Terms, including where applicable, the completion of a Profile or Resume and the sharing of that information with third parties. A Talent Representative agrees to stop using the Services immediately when such authority from Talent is no longer in effect. We are not obligated, but we reserve the right at any time, to require evidence of a Talent Representative’s authority to enter into these Terms and act on behalf of Talent in connection with the Services. Each Talent Representative also represents and warrants that all personal information that he or she provides to us through the Site or otherwise is collected by such Talent Representative or on his or her behalf and disclosed to us in full compliance with the applicable Data Privacy Laws including, as required by such Data Privacy Laws, with the comprehensive consent from or comprehensive data processing information provided to the relevant individuals whose personal information is provide to us. Each Authorized Representative is solely responsible for their acts or omissions in connection with the Services, including any violation of these Terms and CN’s Privacy Policy. Each Authorized Representative indemnifies and holds harmless CN and its affiliates, employees, officers, directors, and representatives from any losses, costs, expenses, damages, fines and/or penalties including reasonable attorneys’ fees, arising out of or in connection with a breach of this representation.

Individual Responsibility

If you are an individual acting on behalf of a Talent Representative, corporate or other legal entity (which may have also agreed to these Terms or have a separate agreement with CN), you are individually bound by these Terms as an individual User.

Responsibility to Update Talent Representative Information

Talent or Talent’s Authorized Representative is responsible for promptly notifying CN when a Talent Representative has been terminated or changed. If Talent has no representation, CN will turn control of the Membership over to Talent or Talent’s Authorized Representative subject to their direct acceptance of these Terms. Any changes should be sent via a support request at https://support.castingnetworks.com/hc/en-us/requests/new.

Registration

During the Membership registration process, you will be prompted to provide personal information that allows us to know who you are, such as your full name, age, street address, email address and phone number, as well as additional optional information such as height, weight, appearing ethnicity, and pictures (collectively, “Registration Information”). By using the Services, you represent and warrant that all Registration Information you submit is truthful, accurate, current and complete and you will maintain the accuracy of such Registration Information by updating and revising it promptly.

Representation

If you are a Talent Representative providing Registration Information on behalf of Talent, you warrant and represent that you have full authority to provide us with the Registration Information and any other personally identifying information of such Talent. If you are an Authorized Representative of Talent under the age of majority, a valid parent/guardian authorization may be required by law. The Services are not directed to children under the age of 13, and they are not permitted to sign up for or use the Services..

Validation of Registration Information

You authorize CN to make any inquiries, either directly or through third parties, to validate your Registration Information. CN reserves all rights to take legal action against anyone who provides inaccurate, false or incomplete personal information or is otherwise untruthful about their identity, and to suspend or cancel a Membership established using such information. Notwithstanding the foregoing, you acknowledge that CN cannot guarantee the accuracy of any information submitted by any User of the Services, including any identity information about any User.

CN Privacy Policy

For detailed information on how we use and share Users’ personal information, please read our Privacy Policy.

IV. USER CODE OF CONDUCT

You agree to use the Services in a professional manner, provide complete and accurate Registration Information to us, and update it as necessary. You further agree to comply with all applicable laws, rules, and regulations.

You agree not to:

  • use the Services or any personal information of any User for purposes other than in connection with utilizing the Services;
  • collect, use, share or transfer any information available on the Services except as expressly permitted by these Terms, or by the owner of such information;
  • use the Service in connection with any commercial endeavors except those that are specifically endorsed or approved by us;
  • include information in a profile or resume (or elsewhere on the Services) that reveals sensitive personal information, such as government identifiers such as Social Security numbers or Tax ID numbers, except in the designated fields where collection is required by law;
  • use the Services or any information obtained through the Services to stalk, abuse or attempt to abuse, or otherwise harass another individual;
  • act dishonestly or unprofessionally, such as by posting inappropriate, inaccurate or objectionable content;
  • take any action or upload, post, email or otherwise transmit any content that would violate any right or duty under any applicable law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, including without limitation, promotional materials that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation of similar nature;
  • use manual or automated software, devices, scripts robots, or other means or processes to access, “scrape,” “crawl” or “spider” any content or other services contained in or through the Services;
  • utilize information, content or any data you view on and/or obtain from the Services to provide any service that is competitive with the Services, including the use of CN trademarks or copyrighted material or confusingly similar marks;
  • attempt to or actually transmit or post a link to another service within your profile or resume or anywhere else on the Services other than as expressly permitted;
  • engage in or plan to engage in any illegal activity;
  • post, disseminate or transmit statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
  • disclose information that that you do not have the right to disclose, such as confidential information;
  • use an image that is not your likeness or headshot on your profile or resume or otherwise misrepresent your identity, your affiliation with a person or entity, or the source of any communication;
  • create, disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property or property rights of any person;
  • export, re-export or permit the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities;
  • interfere with, disrupt or attempt to gain unauthorized access to other accounts on the Services or any other computer network;
  • disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
  • damage, disable, overburden, or impair any CN server, or the network(s) connected to any CN server, or interfere with any other party’s use and enjoyment of any of the Services;
  • gain unauthorized access to any Services, accounts, computer systems or networks connected to any CN server or to any of the Services through hacking, cracking, distribution of counterfeit software, password mining or any other means;
  • reverse engineer, decompile or disassemble any software accessed through the Services;
  • transmit, post, or e-mail any misleading or false professional opportunities in your profile, resume or elsewhere on the Services;
  • engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  • access the Services except through the interfaces expressly provided by CN;
  • override any security feature of the Services; or
  • engage in any other activity deemed by CN in its sole discretion to be in competition with or in conflict with the spirit or intent of Services and the requirements of these Terms.

V. USER RIGHTS AND OBLIGATIONS

Preventing and Reporting Abuse

You agree that CN may take whatever steps it deems necessary to stop or prevent behavior of any kind on the Services that violate this Agreement in its sole discretion, without notice. For example, CN has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any User who publishes or distributes child pornography. You can report any violations of the User Code of Conduct or other abuse of the Services by emailing reportabuse@castingnetworks.com.

Termination or Cancellation by CN

CN may restrict, suspend or terminate the Membership of any User who violates these Terms or otherwise abuses or misuses the Services without warning. Such restriction, suspension, or termination, shall be effective immediately or as specified in any notice. In the event that CN restricts, suspends or terminates your Membership, no refund or credit of any Membership or other fees or exchange of the Services will be offered, except in our sole discretion. If a User whose account has been restricted, suspended or terminated has re-registered or attempts to have re-registered with CN (including under a new name) that User may be permanently barred from the Services without recourse. CN has adopted a policy of terminating accounts of Users (or blocking any associated IP address) and permanently barring without recourse any User who, in CN’s sole discretion, falsely represents that it is an Authorized Representative, Talent Representative, casting director or other Industry Professional, or any User who provides information that is false or misleading. CN may also cancel your account (Membership or any other type of account) at any time for any of the Services for any reason. If CN cancels your month-to-month membership, prepaid membership or other paid account, you will receive a refund for any months that are not completely used. The amount of such a refund will be calculated by multiplying the monthly rate by the number of months remaining on the account. If CN cancels during a month that has been partially used, it will nonetheless refund the full amount you paid for that month.

Membership Security and Unauthorized Use

You are fully responsible for all activities conducted through your Membership (including complying with these Terms). During the registration process you will also be asked to choose a password. You are entirely responsible for maintaining the security of your password. You must try to choose a strong and secure password and keep your password confidential. You may not use another Member’s account or password at any time, let an unauthorized third party access your account or use your Membership, or disclose your password information to any unauthorized third party. You agree to notify us immediately if you suspect any unauthorized use of your Membership or access to your account or password. You will be liable for our losses or the losses of others as a result of such unauthorized use until such time as you terminate your Membership or prove that your account security was compromised due to no fault of your own.

Fees and Billing Information

We offer a number of plans. Each has its own features and pricing and as a User you may select a plan that you qualify for that best suits your needs. Payment for subscriptions will be made in accordance with the selected plan. Prices and features for plans are subject to change in accordance with these Terms. Notice of any price changes will be provided to Users in advance, and you will have the option to change or cancel your subscription if you do not agree with the new pricing in accordance with these Terms once the existing term is complete.

Certain changes to a plan, such as moving to a higher-priced plan, will result in an immediate adjustment to the fee on the date access to the new plan and its features commences. If you are moving to a lower-priced plan, the change will take effect at the end of the current term. We may, from time to time, adjust or reduce the allocation of features and capabilities among different plans. We will make reasonable efforts to provide advance notice to affected Users of any material changes. If you purchase any of our paid Services, on either a one-time monthly basis or recurring monthly billing subscription basis, you agree that CN (and its authorized service providers) may store your payment card information. CN will bill you the appropriate fee, applicable taxes and any other disclosed charges for the Services (“Fees”) using the billing information provided by you (“Billing Information”). You agree to pay CN all Fees at the prices then in effect for your use of the Services using your Billing Information, and you authorize CN to charge your Payment Provider (“Payment Method”) for the Fees associated with the Services selected. All subscriptions longer than one month will automatically renew at our monthly subscription rate and are billed on a monthly basis and are subject to our Subscription Terms, below and presented as agreed at the time of signup. The terms of your Payment Method may be determined by agreements between you and the financial institution, debit/credit card issuer or other provider of your chosen Payment Method (the “Payment Provider”), which may include additional fees, including foreign transaction fees. If CN does not receive payment from your Payment Provider, you agree to pay all amounts due on your account upon demand. In the event we have to collect unpaid Fees owed, you will be liable for any collection costs and fees (including reasonable attorneys’ fees). Note that for Services purchased by another party for your account (e.g., by your Talent Representative), the party paying for the Services is responsible for making prompt payment and failure to do so may result in termination of your Membership. All Fees are in US Dollars, unless otherwise indicated, and do not include Internet service provider, telephone, or other connection charges, if any, that are billed by third parties. Depending upon your credit card’s currency and the country in which your card was issued, your credit card provider may impose foreign exchange fees and other fees in accordance with your arrangements with that credit card provider.

If you choose a Membership, the Membership will continue on a continuous basis until canceled, as described below. You agree that CN is authorized to bill you each month using the Payment Method provided.

Memberships & Cancellation by You

YOU HAVE THE RIGHT TO CANCEL YOUR MONTH-TO-MONTH OR PREPAID MEMBERSHIP OR ANY OTHER ACCOUNT AND OBTAIN A FULL REFUND FOR ANY AMOUNT PAID WITHIN 10 BUSINESS DAYS OF INITIAL PURCHASE.

After the 10-day cancellation period, you may also cancel your account at any time for any of the Services. If you cancel a month-to-month, pre-paid semi-annual or annual subscription, you will avoid future charges but partial months are not refunded. For more information on your Membership and to cancel your Membership or other account at any point during your subscription term or otherwise, you can contact us at https://support.castingnetworks.com/hc/en-us/requests/new. We will cancel your account as soon as possible after resolving any outstanding account issues and in accordance with applicable law.

Remove Your Account And Associated Data And Content

If you want to remove your account, please see our Help Center at https://support.castingnetworks.com/hc/en-us/requests/new. Once you have requested to remove your account, and/or data or content within your account, the removal process will automatically begin. Once any data is deleted, data will be deleted from backups and recovery systems as quickly as is technically possible. Your data and content will not be deleted in the following circumstances:

  • Where your data or content has been shared with others in accordance with these Terms of Use (see section ‘Ownership and License of User Content’);
  • Where there are technical limitations in completing the deletion, in which case, data will be removed as quick as is technically feasible;
  • Where deletion may hinder our ability to meet the following. In such cases data and content will be retained for the length of time in order to meet the purposes for which it was retained:
    • investigate violations of these Terms of Use and/or to identify illegal activity;
    • ensure the safety of users and the security of the systems and services;
    • meet or comply with a legal obligation or formal request from a government agency, law enforcement organization or government agency.

Users must request or complete downloads of data or content before requesting or completing removal or deletion.

Interruption of Services

CN may at any time for any or no reason interrupt availability of some or all aspects of the Services, or modify, replace, refuse access to, or discontinue any Services, or change or modify our Fees in our sole discretion. Any changes to the Services or Fees are effective when posted on the Services or when communicated to you directly. CN is not liable for any interruption of Services, or delay or failure to perform, and you understand that in such cases you shall not be entitled to any refunds of Fees.

Content in Your Account

We may remove and or discard any content available as part of your Membership account, including your profile or resume, with or without notice, for any reason. CN has no obligation to store, maintain or provide you with a copy of any content that you or other Users provide when using the Services.

Media Storage

Media is defined as photographs, audio, or videos or other types of files, which as a User you add to your Profile, respond with to Media Requests or uploaded to Submissions. Media storage limits may be applied to plans. Storage capacity is calculated using the original file-size and is tied to an individual artist. Media must meet minimum quality criteria. The amount of media you can upload within your plan will depend on various factors including file type, size, resolution, and quality. Services may be unavailable to a User if a User has reached or exceeded the media storage limit. Time limits may be applied to media removal and archival activity within an account. We reserve the right to adjust media storage limits for plans at our discretion. Users will be provided with reasonable notice of any material changes to media storage limits. Media storage services may be withdrawn upon expiry of a subscription. We cannot be held responsible for loss or corruption of data, including accidental or intentional deletion by any party.

Non-Commercial Use

The Services are for the personal use of Users and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Please see Section IV. “User Code of Conduct” for details on the permitted and prohibited uses of the Services. Illegal and/or unauthorized use of the Services, including collecting names and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or commercial solicitations, or unauthorized framing of or linking to the Services is prohibited. Commercial advertisements, affiliate and third party links, and other forms of solicitations may be removed from Member profiles or resumes without notice and may result in termination of Membership, at our sole discretion. Appropriate legal action may be taken for any illegal or unauthorized use of the Services.

Links to Third Party Services

The Services may include links to third party apps, websites or other services (“Third Party Sites”). You are responsible for deciding whether you want to access or use a Third Party Site. CN is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. Third Party Sites have their own legal terms of use and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, we are not responsible for Third Party Sites – use or access them at your own risk.

VI. INTELLECTUAL PROPERTY RIGHTS

Access to Content on the Services

You acknowledge that: (i) by using the Services you may have access to pictures, digital images, graphics, music, video, audio, text, computer code and other creative output (collectively, “Content”); and (ii) this Content includes Content owned or licensed by CN (“CN Content”), or owned or licensed by Users (“User Content”). You acknowledge that CN, CN licensors, and Users have rights in their respective Content under copyright and other applicable laws and treaty provisions. You accept full responsibility and liability for your use of any Content in violation of any such rights.

User Content

CN may choose, but has no obligation, to pre-screen or monitor the Services for inappropriate User Content or conduct at any time, and it may delete any User Content that violates these Terms, as determined by CN in its sole discretion. However, if CN chooses to pre-screen or monitor User Content, CN nonetheless assumes no responsibility for such User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.

View Content at Your Risk

You understand that when using the Services, you will be exposed to Content from a variety of sources, and that CN is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, objectionable, or that contains errors or omissions.

Ownership of User Content Posted by Other Users of our Services

All User Content, including all project information posted on the Services by any user, including by casting directors, is either owned or licensed by the user that posted it. Therefore, other users of our Services may not distribute, modify, transmit, reuse, download, repost, copy, or use the User Content of others, including project information, for any reason without express prior written permission from the user that posted it. A violation of this Section is cause for immediate and permanent termination of your right to use our Services.

Our Ownership Rights

All right, title and interest in and to the Services is the exclusive property of CN and its licensors. We hereby grant you a limited, revocable, non-sublicensable license to reproduce and display the CN Content (excluding any software code) solely for your personal use and to the extent necessary to access or use the Services. CN reserves all rights not expressly granted in and to the CN Content and the Services.

Software Use Restrictions

You acknowledge that any software and related documentation that may be available to download from the Services (the “Software”) is a copyrighted work owned or licensed by CN and that you do not acquire any ownership rights by downloading the Software. You agree that your use of the Software is governed by these Terms and is also governed by the terms of the license agreement, if any, that accompanies or is included with the Software (the “License Agreement”). Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT IN NEW JERSEY AND AS SET FORTH IN THE LICENSE AGREEMENT, THE SOFTWARE IS PROVIDED TO YOU ON AN “AS-IS” AND “WHERE-IS” BASIS, AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED.

Feedback

All comments, feedback or materials submitted by you to us, including feedback, testimonials, images, reviews, questions, comments, suggestions or ideas (collectively, “Feedback”), are received and treated by us on a non-confidential and unrestricted basis. CN has a limited, non-exclusive license to use, display, perform, distribute, copy, adapt, and promote the Feedback in any way, without any additional compensation to you. You agree that in submitting Feedback, it will not violate any right of any third party, including any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain viruses, commercial solicitations, or any form of “spam”.

Ownership and License of User Content

You retain copyright and other intellectual property rights you have under law with respect to the User Content that you submit or transmit to or display on or through the Services. However, by posting your User Content on the Services, you grant to CN and its affiliated companies, and their sub-licensees (or other suppliers) of the Services permission to use, transmit, reproduce, publish, publicly display, publicly perform, reformat, edit, delete, learn from, transcribe, analyze or translate your User Content in connection with current or future Services (“License”). No compensation is payable to you with respect to the use of your User Content, as provided herein. You may edit some of your User Content by using the tools on the Services; however, if you have shared User Content with others through the Services, CN has no control over any third parties use of that Content. Further, you acknowledge that removed User Content may persist in the systems of those who have had previous access to User Content through our Services, and in backup copies for recordkeeping and internal purposes, including enforcing these Terms. Please see the terms of our Privacy Policy for further information on how we use, share and store the personal information you provide to us and your choices. You represent that you have all rights necessary to grant us the License set forth in this section, that your User Content is accurate and not confidential, and the submission, transmission, posting and use of your User Content on the Services is not in violation of any applicable laws or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights of persons or property appearing therein). You are solely responsible for your User Content or any other User Content you access through the Services.

Digital Millennium Copyright Act

CN has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512, (the “DMCA”) and avails itself of the protections under the DMCA. Further, we reserve the right to remove any User Content on the Services which allegedly infringes another person’s copyright and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringes another person’s copyright. It is our policy to terminate the access of repeat infringers. However, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party’s copyright to remain on the CN Services.

Filing a Complaint

If you believe any material on the Services infringes a copyright, you should provide us with a request to takedown the allegedly infringing material in the form of a written letter, sent by regular mail only, (“DMCA Takedown Notice”) that at a minimum includes:

  • Identification of the material that is claimed to be infringing or to be the subject of 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;
  • Your name, address, telephone number and email address (if available);
  • A statement that the complaining party 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;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  • The signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notwithstanding the foregoing, we reserve the right to ignore a DMCA Takedown Notice that is not in compliance with the DMCA.

Filing a Counter-Notice

If your material has been removed or blocked by us as a result of our receipt of a DMCA Takedown Notice, you may send us a request asking for the allegedly infringing material to be restored in the form of a written letter, sent by regular mail only, (“DMCA Counter-Notice”) that at a minimum includes:

  • Identification of the copyrighted work or works that were removed by CN and the location at which the works appeared before they were removed, with information reasonably sufficient to permit us to identify the copyrighted work;
  • Your name, address, telephone number and email address (if available);
  • A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located, or California if your address is outside of the United States;
  • A statement that you will accept service of process from the person (or an agent of such person) who provided the DMCA Takedown Notice to us;
  • A statement that you have a good faith belief that the allegedly infringing material identified above as the copyrighted work was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • A signature of a person authorized to act on behalf of the owner of the copyrighted work that was taken down.

Both the DMCA Takedown Notice and the DMCA Counter-Notice must be sent to our designated DMCA agent via email at dmca-takedown@castingnetworks.com or by postal mail as follows:

RAFI GORDON
CASTING NETWORKS, LLC
3250 WILSHIRE BLVD STE 1800
LOS ANGELES, CA 90010
USA

Emails or letters sent to these contact addresses that do not relate to the DMCA will be ignored.

VII. INTERACTING WITH OTHER USERS

Service Provider

CN is a service provider so we don’t control each and every aspect of the Services. For example, we do not regularly monitor Users’ interactions with the Services or communications with each other on the Services. However, CN may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. CN reserves the right to terminate your Membership if we determine, in our sole discretion, that doing so is necessary to enforce these Terms or to protect its business reputation or Users.

Communications with Users

You are solely responsible for your interactions with other Users.

Release

As a condition of access to and use of the Services, you release CN, including its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of the Services, including any claim against any individual or entity who creates an unauthorized account for you on your behalf.

User Disputes

You understand and agree that: (i) CN will have the right but not the obligation to assist Users in resolving disputes among Users relating to Users’ use of the Services; (ii) CN’s resolution of any particular dispute does not create an obligation to resolve any other dispute; (iii) to the extent CN assists in resolving such disputes, it will do so in good faith based solely on the general rules and standards of the Services; (iv) CN’s resolution of such disputes will be final with respect to the respective Users’ use of the Services; and (v) you release CN from claims, demands and damages of every kind and nature in any way connected with CN’s resolution of User disputes relating to the Services.

VIII. DISCLAIMERS OF WARRANTY AND LIABILITY

The Services are provided “As Is”

CN provides the Services strictly on an “AS IS” basis and does not guarantee that the Services will function without interruption or errors in functioning, or be virus-free. The operation of the Services may be interrupted due to maintenance, updates, or system or network failures. CN disclaims all liability for damages caused by any interruption, malfunction, impossibility of access, or poor use conditions of the Services for any reason. Use of the Services is at your own risk, to the fullest extent permissible under applicable law and except in New Jersey. CN EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

CN makes no warranty as to the quality, accuracy, completeness or validity of any information or Content you access or receive in connection with the Services, or that your use of the Services will meet your requirements. If you are dissatisfied or harmed by the Services, you may terminate your account in accordance with these Terms and such termination shall be your sole and exclusive remedy. CN is not responsible for, and makes no representations or warranties for the delivery of any messages sent through the Services to anyone. In addition, we neither warrant nor represent that your use of the Services will not infringe the rights of third parties. Any material, service, or technology described or used on the Services may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us. CN does not have any obligation to verify the identity of the persons accessing the Services or subscribing to the Services. CN disclaims all liability for identity theft or any other access to or misuse of your identity or information.

No Liability for Accumulated Content

When using the Services, you may accumulate Content that resides as data on CN’s servers. This data, and any other data, Membership account information or history, User personal information or names residing on CN servers may be deleted, altered, moved or transferred at any time for any reason in CN’s sole discretion. You acknowledge that, notwithstanding any copyright or other rights you may have with respect to User Content you upload, transmit, display and/or create using the Services, and notwithstanding any value attributed to such Content, you understand and agree that CN has the right, but not the obligation, to remove any Content (including your User Content) at any time, for any reason or no reason, with or without notice, and with no liability of any kind. CN EXPRESSLY DISCLAIMS ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON CN’S SERVERS.

Limitation of liability

IN NO EVENT IS CN OR ITS RESPECTIVE SUPPLIERS, LICENSORS OR DISTRIBUTORS IN HOSTING, OPERATING OR DELIVERING THE SERVICES LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST PROFITS, EXCLUDING CLAIMS BASED ON GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICES (INCLUDING ITS MODIFICATION OR TERMINATION), YOUR MEMBERSHIP (INCLUDING THEIR TERMINATION OR SUSPENSION) OR THESE TERMS, WHETHER OR NOT CN MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

IN ADDITION, EXCLUDING CLAIMS BASED ON GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, YOU AGREE THAT IN NO EVENT WILL CN’S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED THE LESSOR OF THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR THE SERVICE, IF ANY, OR U.S. FIFTY DOLLARS ($50.00). SOME STATES INCLUDING NEW JERSEY OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. If you are a California resident, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

Indemnification

You agree to defend, indemnify and hold harmless CN and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors from and against all damages, losses, liabilities, claims, and costs (including, but not limited to, reasonable attorneys’ fees and costs including costs to respond to regulatory inquiries, actions or subpoenas) related to all third party claims, charges, and investigations, arising from, relating to, or caused by (a) your use of the Services, (b) your failure to comply with these Terms, including, without limitation, your submission or use of Content in violation of third party rights or applicable laws, rules or regulations or (c) your Membership.

IX. DISPUTE RESOLUTION

Governing Law

These Terms shall be governed, construed, and enforced in accordance with the laws of the state where the Talent resides, as determined by the address on file with CN, without regard to its conflict of laws rules except that the arbitration provision shall be governed by the Federal Arbitration Act as stated herein.

Notice of Claims

In the event a dispute arises between you and CN we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute through arbitration. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim (as defined below) and setting forth the specific relief sought. All Notices of Dispute with CN shall be sent to the following address: Casting Networks, LLC, Attn: Dispute Resolution, 3250 Wilshire Blvd Ste. 1800, Los Angeles, CA 90010 USA.

All notices to Users will be sent to the email or street address provided in the User’s account. Upon receipt of such Notice of Dispute, the other party shall have a 60-day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the Notice of Dispute, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such a 60-day cure period, you or CN may commence an arbitration proceeding in accordance with the following procedure. This notice requirement is a condition precedent to any arbitration proceeding, as described below.

Arbitration and Class Action Waiver

YOU AND CN AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, CONNECTED WITH OR RELATING TO THESE TERMS, ANY CONTRACT, TORT, MISREPRESENTATION, FRAUD OR OTHER LEGAL THEORY OR CAUSE OF ACTION, STATUTE, OR OTHERWISE RELATING TO THE SERVICES (“CLAIMS”) WHICH CANNOT BE SETTLED BY MUTUAL AGREEMENT OF THE PARTIES, SHALL BE RESOLVED BY ONE ARBITRATOR THROUGH BINDING ARBITRATION. HOWEVER, YOU OR CN MAY BRING ANY CLAIM IN SMALL CLAIMS COURT CONSISTENT WITH THE APPLICABLE JURISDICTIONAL LIMITS. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE BROADLY INTERPRETED. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, JUST AS A COURT WOULD, THE ARBITRATOR MUST HONOR THESE TERMS. THE ARBITRATOR’S DECISION AND AWARD IS FINAL AND BINDING, WITH SOME EXCEPTIONS UNDER THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1, ET SEQ., AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION. BY AGREEING TO THESE TERMS, YOU AND CN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. Any Claim must be brought in the parties’ individual capacity in arbitration, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. YOU AND CN UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, BY AGREEING TO THESE TERMS AND USING THE SERVICES YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY THROUGH ARBITRATION. IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH ABOVE CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY. If for any reason a claim proceeds in court rather than through arbitration, you and CN agree that there will not be a jury trial. You and CN unconditionally waive any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Terms in any way. In the event of litigation, this paragraph may be filed to show a written consent to a trial by the court.

JAMS

Unless otherwise agreed to by you and CN in writing or for individual claims brought by you or CN in small claims court, the arbitration will be governed and conducted by JAMS before a single arbitrator from JAMS, or another established alternative dispute resolution (“ADR”) provider, chosen by CN, who is licensed to practice law. The arbitration proceeding will be located in Los Angeles, California, and for any non-frivolous demand, CN will: (1) pay the costs of the arbitration up to $10,000; (2) if you prefer will conduct the arbitration by telephone, and (3) will not seek attorney’s fees in the event CN prevails. Each party shall pay the fees and costs of its own counsel, experts and witnesses (as applicable) and will be conducted in accordance with JAMS rules. The JAMS rules, including the selection of an arbitrator, filing, administration, discovery and arbitrator fees will be conducted under the JAMS Comprehensive Arbitration Rules & Procedures, except as modified by these Terms or otherwise agreed to by you and CN in writing. The JAMS rules are available on its website at www.jamsadr.com. To the extent that this Dispute Resolution section conflicts with JAMS’s minimum standards for procedural fairness, the JAMS’ rules and/or minimum standards for arbitration procedures in that regard shall control. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or for the arbitrator’s award; and any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, or enforceability of these Terms including any claim that all or any part of these Terms are void or voidable. However, the preceding sentence shall not apply to the clause in this Dispute Resolution provision regarding the Class Action waiver.

Exception

Any claim or action for (i) indemnification, (ii) any violation of CN intellectual property rights, (iii) contribution, (iv) interpleader, or (v) injunctive relief arising out of a Claim shall not be subject to arbitration.

Survival

This arbitration provision shall survive termination of these Terms, including the termination of any relationship between you and CN.

Severability

If any provision of this Section is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable except that should the provision on class action waiver for any Claim be found to be unenforceable by a court of law, then the provision to arbitrate will not apply.

X. GENERAL PROVISIONS

Export Control

The Services are controlled and operated by CN from its offices within the United States. CN makes no representation that any Content, Software or other products in the Services are appropriate or available for use in other locations, and access to such materials or use of the Services from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If you use the Services from other locations, you are responsible for compliance with applicable local laws including, but not limited to, the export and import regulations of other countries. Your use of the Services, including our Software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any Software or Service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving United States origin products, including Services or Software.

Notices

CN may give notice to you by means of a general notice on the Services, at or after log-in to your Membership account, by electronic mail to your e-mail address in our records for your Membership, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your Membership. All notices given by you, whether or not required under these Terms, shall be emailed to support@castingnetworks.com; or sent to us by postal mail or courier at:

CASTING NETWORKS LLC
ATTN DISPUTE RESOLUTION
3250 WILSHIRE BLVD STE 1800
LOS ANGELES, CA 90010
USA

Any notices that you provide without compliance with this section shall have no legal effect.

Waiver

The failure of CN to partially or fully exercise any rights under these Terms, or the waiver of CN of any breach of these Terms by you, shall not prevent a subsequent exercise of such rights by CN or be deemed a waiver by CN of any subsequent breach by you of the same or any other condition of these Terms. The rights and remedies of CN under these Terms, its policies, and any other applicable agreement between you and CN shall be cumulative, and the exercise of any such right or remedy shall not limit CN’s right to exercise any other right or remedy.

Severability

If any part of these Terms, other than the Class Action waiver as set forth above, is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect.

Headings

Headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms.

Third Party Beneficiaries

These Terms do not create third party beneficiary rights enforceable by third parties.

Entire Agreement

These Terms, and the policies incorporated herein, are the entire agreement between you and CN. They supersede any and all prior or contemporaneous agreements between you and CN relating to your use of the CN Services.

Copyright © 2023, Casting Networks, LLC. All rights reserved.

Effective Date: December 13, 2023

TÉRMINOS DE USO DE CASTING NETWORKS

Bienvenido a Casting Networks. Estos Términos de Uso y cualquier otro término adicional que se le comunique cuando utilice nuestros servicios (“Términos”) son un acuerdo legalmente vinculante entre usted y Casting Networks, LLC, sus afiliadas (denominados colectivamente, “CN”, “nosotros”, “nuestro” o “nos”) y su familia de sitios web u otros servicios con vínculos a estos Términos. LOS TÉRMINOS INCLUYEN UNA DISPOSICIÓN RELATIVA A LA RESOLUCIÓN DE CONFLICTOS, QUE INCLUYE UN REQUISITO DE ARBITRAJE INDIVIDUAL Y LA RENUNCIA A ACCIONES DE CLASE.

I. ACERCA DE CASTING NETWORKS, LLC

Casting Networks, LLC proporciona una gama de servicios de contenido, alojamiento, comunicación y desarrollo de redes de contactos, incluyendo contenido, características, funcionalidades y otros servicios para permitir que el Talento (como se define a continuación) se conecte con agentes de talento, mánagers, directores de casting y otros profesionales que prestan servicios profesionales en el cine, el teatro, la radio, la televisión y otras empresas de entretenimiento (denominados colectivamente los “Servicios”) que pueden ser ofrecidos en nuestros sitios web, sitios web móviles, aplicaciones, o desde otros servicios, productos, herramientas, ofertas o comunicaciones proporcionadas por CN.

CN es un servicio de difusión de talentos.

CN NO ES UNA AGENCIA DE TALENTOS Y ESTE NO ES UN CONTRATO DE AGENCIA DE TALENTOS. SÓLO UN AGENTE DE TALENTOS CON LICENCIA DE ACUERDO CON EL ARTÍCULO 1700.5 DEL CÓDIGO LABORAL PUEDE DEDICARSE A LA OCUPACIÓN DE PROCURAR, OFRECER, PROMETER O INTENTAR PROCURAR EMPLEO O COMPROMISOS PARA UN ARTISTA. LA LEY PROHÍBE A CN OFRECER O INTENTAR OBTENER AUDICIONES O EMPLEO PARA USTED. SÓLO PUEDE OFRECERLE LA DIFUSIÓN DE INFORMACIÓN. PARA MÁS INFORMACIÓN, CONSULTE EL CAPÍTULO 4.5 (A PARTIR DEL ARTÍCULO 1701) DE LA PARTE 6 DE LA DIVISIÓN 2 DEL CÓDIGO LABORAL. TODA DISPUTA QUE SURJA DEL CUMPLIMIENTO DEL CONTRATO POR PARTE DEL SERVICIO DE TALENTOS Y QUE NO SE RESUELVA A SATISFACCIÓN DEL ARTISTA/TALENTO DEBE REMITIRSE A UN DEPARTAMENTO LOCAL DE ASUNTOS DEL CONSUMIDOR O A LAS AUTORIDADES LOCALES DE APLICACIÓN DE LA LEY, SEGÚN CORRESPONDA.

De acuerdo con la ley del estado de California, CN ha depositado una fianza de 50.000 dólares ante el Comisionado de Trabajo emitida por Vigilant Insurance Company, fianza nº 8304-18-32.

Registro de menores

Los menores de edad no pueden crear cuentas, mantener perfiles o utilizar nuestros Servicios. Sólo los Representantes de Talentos o los padres o tutores legales de los Talentos que sean menores de edad en el estado o país en el que residen (“Menores”) pueden registrarse para adquirir una Membresía, crear y mantener perfiles y currículum vitae, y utilizar los Servicios en nombre de los Menores (denominados colectivamente “Representantes Autorizados”). De acuerdo con las Leyes Europeas de Privacidad de Datos aplicables, los niños de 13 a 16 años pueden dar su consentimiento válido para el procesamiento de su información personal. Cuando se requiera el consentimiento en virtud de dichas Leyes Europeas de Privacidad de Datos, el Representante de Talentos tiene la obligación de proporcionarnos una prueba de dicho consentimiento o, como se requiere en virtud de las Leyes Europeas de Privacidad de Datos, la autorización del titular de la responsabilidad parental del niño. Podemos negarnos a procesar, o a seguir procesando, la información personal del niño hasta que recibamos esta prueba de consentimiento o autorización.

II. ACEPTACIÓN DE LOS TÉRMINOS

Acuerdo vinculante

Usted acepta que al registrarse en CN y hacer clic o presionar en “Acepto” (o algo similar), o al acceder, ver, descargar o utilizar de otro modo los Servicios, usted está celebrando un acuerdo jurídicamente vinculante con CN basado en estos Términos y en nuestra Política de Privacidad, que se incorpora a estos Términos. Es posible que se publiquen ocasionalmente términos adicionales en algunos o todos los Servicios, como avisos legales o normas para determinadas promociones, aplicaciones, descargas u otras funciones o actividades. En caso de conflicto entre los Términos, usted acepta que CN determine qué Términos se aplican a qué Servicios. Los presentes Términos establecen sus derechos, obligaciones y restricciones en relación con el uso de los Servicios por parte de usted. Si usted no está de acuerdo con cualquiera de los términos de la Política de Privacidad o estos Términos, debe dejar de acceder y/o utilizar los Servicios. Un “Visitante” es alguien que accede y navega por los Servicios pero no se registra para obtener una cuenta. Un “Miembro” es alguien que ha creado una cuenta en los Servicios y ha recibido la confirmación de CN de que se ha completado el registro y se ha creado la membresía (“Membresía”). CN puede rechazar las inscripciones de Membresía por cualquier motivo. Los Visitantes y los Miembros se denominan colectivamente “Usuarios”.

Actualizaciones de los Términos 

Los Términos pueden cambiar en cualquier momento. CN publicará la versión más actualizada en la página de inicio de nuestro sitio web (https://www.castingnetworks.com/) o a través de un enlace en el Servicio correspondiente con una nueva Fecha de Entrada en Vigor. Los cambios surten efecto a partir de la Fecha de Entrada en Vigor. El hecho de que usted continúe accediendo o utilizando los Servicios después de que publiquemos los cambios a los Términos significa que está de acuerdo con dichos cambios. Si no está de acuerdo con los Términos actuales, deberá dejar de utilizar los Servicios.

Contacto y comunicaciones electrónicas

Al acceder o utilizar los Servicios, usted acepta que estos Términos se le faciliten en formato electrónico y que todos los acuerdos, avisos, divulgaciones y otras comunicaciones que le proporcionemos electrónicamente satisfacen cualquier requisito legal de que dichas comunicaciones sean por escrito. Usted reconoce que cuando nos proporciona información de contacto en relación con una actividad concreta, como una dirección de correo electrónico o un número de teléfono (“Información de Contacto”), acepta que esto establece una relación comercial con nosotros y que podemos comunicarnos con usted utilizando la Información de Contacto que nos ha proporcionado. Usted reconoce la autoridad legal sobre cualquier Información de Contacto. Esto significa que podemos ponernos en contacto con usted en persona o mediante un mensaje grabado, por correo electrónico, teléfono y/o número de teléfono móvil (incluido el uso de equipos de marcación automática), mensaje de texto (SMS), mensajes internos de nuestra aplicación, o cualquier otro medio de comunicación que su dispositivo inalámbrico u otro dispositivo de telecomunicaciones pueda recibir a través de la Información de Contacto que nos ha proporcionado. Pueden aplicarse las tarifas estándar de mensajes y datos.

Su consentimiento para recibir comunicaciones por correo electrónico

Al aceptar estos Términos, usted opta explícitamente por recibir comunicaciones por correo electrónico de CN, incluyendo actualizaciones de productos, ofertas y otra información, incluidas las comunicaciones de marketing. Usted puede darse de baja de las comunicaciones de marketing por correo electrónico en cualquier momento haciendo clic en el enlace para darse de baja que aparece en la parte inferior del correo electrónico.

III. ELEGIBILIDAD

Usted debe ser un Profesional de la Industria para participar en los Servicios. Un “Profesional de la Industria” es:

  • Un actor, modelo, bailarín, talento de actuación vocal, músico, grupo musical o artistas u otro artista (“Talento”);
  • Un director de casting;
  • Una compañía de producción;
  • Un cineasta;
  • Otro profesional de la industria del entretenimiento; o
  • Un representante profesional de talentos (por ejemplo, agencia de talentos o compañía de mánagers), o un empleado o representante autorizado del mismo (“Representante de Talentos”).

Autorización para actuar en nombre del Talento

Cada Representante de Talentos declara que está legalmente autorizado para representar a su respectivo Talento en relación con los Servicios y utilizar todos los aspectos de los Servicios aplicables en nombre del Talento de acuerdo con estos Términos, incluyendo, cuando sea aplicable, la creación de un Perfil o Currículum Vitae y el intercambio de esa información con terceros. Un Representante de Talentos se compromete a dejar de utilizar los Servicios inmediatamente cuando dicha autorización del Talento deje de estar vigente. No estamos obligados, pero nos reservamos el derecho en cualquier momento, de exigir pruebas de la autoridad de un Representante de Talentos para aceptar estos Términos y actuar en nombre de Talento en relación con los Servicios. Cada Representante de Talentos también declara y garantiza que toda la información personal que nos proporciona a través del Sitio o de otra manera es recopilada por dicho Representante de Talentos o en su nombre y revelada a nosotros en pleno cumplimiento con las Leyes de Privacidad de Datos aplicables, incluyendo, según lo requerido por dichas Leyes de Privacidad de Datos, con el consentimiento completo o la información de procesamiento de datos completa proporcionada a los individuos relevantes cuya información personal se nos proporciona. Cada Representante Autorizado es el único responsable de sus actos u omisiones en relación con los Servicios, incluida cualquier violación de estos Términos y de la Política de Privacidad de CN. Cada Representante Autorizado mantiene indemne y exonera a CN y a sus afiliadas, empleados, funcionarios, directores y representantes de cualquier pérdida, coste, gasto, daño, multa y/o sanción, incluidos los honorarios razonables de los abogados, que surjan de o en relación con el incumplimiento de esta declaración.

Responsabilidad individual

Si usted es un individuo que actúa en nombre de un Representante de Talentos, una entidad corporativa u otra entidad legal (que también puede haber aceptado estos Términos o tener un acuerdo separado con CN), usted está obligado individualmente por estos Términos como Usuario individual.

Responsabilidad de actualizar la información del Representante de Talentos 

El Talento o el Representante Autorizado del Talento es responsable de notificar rápidamente a CN cuando un Representante de Talentos ha sido despedido o modificado. Si el Talento no tiene representación, CN entregará el control de la Membresía al Talento o al Representante Autorizado del Talento, sujeto a su aceptación directa de estos Términos. Si se lo modificó, CN transferirá la membresía al nuevo Representante de Talentos según las indicaciones del Talento o del Representante Autorizado del Talento. Cualquier modificación deberá enviarse a change@castingnetworks.com.

Registro

Durante el proceso de registro de la Membresía, se le pedirá que proporcione información personal que nos permita saber quién es usted, como su nombre y apellido completo, edad, domicilio, dirección de correo electrónico y número de teléfono, así como información adicional opcional como la altura, el peso, la etnia aparente y fotos (denominados colectivamente, “Información de Registro”). Al utilizar los Servicios, usted declara y garantiza que toda la Información de Registro que envíe es veraz, exacta, actual y completa y que mantendrá la exactitud de dicha Información de Registro actualizándola y revisándola puntualmente.

Representación

Si usted es un Representante de Talentos que proporciona Información de Registro en nombre de un Talento, usted garantiza y declara que tiene plena autoridad para proporcionarnos la Información de Registro y cualquier otra información de identificación personal de dicho Talento. Si usted es un Representante Autorizado de un Talento menor de edad, es posible que la ley exija una autorización válida de los padres/tutores. Los Servicios no están dirigidos a niños menores de 13 años, y no se les permite inscribirse o utilizar los Servicios.

Validación de la Información de Registro

Usted autoriza a CN a realizar cualquier consulta, directamente o a través de terceros, para validar su Información de Registro. CN se reserva todos los derechos de emprender acciones legales contra cualquier persona que proporcione información personal inexacta, falsa o incompleta o que falte a la verdad de algún otro modo sobre su identidad, y de suspender o cancelar una Membresía creada utilizando dicha información. Sin perjuicio de lo anterior, usted reconoce que CN no puede garantizar la exactitud de la información presentada por cualquier Usuario de los Servicios, incluida la información sobre la identidad de cualquier Usuario.

Política de Privacidad de CN

Para obtener información detallada sobre cómo utilizamos y compartimos la información personal de los Usuarios, lea nuestra Política de Privacidad.

IV. CÓDIGO DE CONDUCTA DEL USUARIO

Usted se compromete a utilizar los Servicios de manera profesional, a proporcionarnos Información de Registro completa y exacta, y a actualizarla cuando sea necesario. Además, se compromete a cumplir con todas las leyes, normas y reglamentos aplicables.

Usted se compromete a no:

  • utilizar los Servicios o cualquier información personal de cualquier Usuario con fines distintos a los relacionados con la utilización de los Servicios;
  • recopilar, utilizar, compartir o transferir cualquier información disponible en los Servicios, salvo en los casos expresamente permitidos por estos Términos, o por el propietario de dicha información;
  • utilizar el Servicio en relación con cualquier esfuerzo comercial, salvo aquellos que estén específicamente respaldados o aprobados por nosotros;
  • incluir información en un perfil o currículum vitae (o en cualquier otra parte de los Servicios) que revele información personal sensible, como identificadores gubernamentales tales como números de la Seguridad Social o números de identificación fiscal, salvo en los campos designados en los que la recopilación sea obligatoria por ley;
  • utilizar los Servicios o cualquier información obtenida a través de los Servicios para acosar, maltratar o intentar maltratar, u hostigar de cualquier otra forma a otra persona;
  • actuar de forma deshonesta o poco profesional, como por ejemplo publicando contenido inapropiado, inexacto o censurable;
  • realizar cualquier acción o cargar, publicar, enviar por correo electrónico o transmitir de cualquier otra forma cualquier contenido que infrinja cualquier derecho o deber en virtud de cualquier ley aplicable o en virtud de relaciones contractuales o fiduciarias (como información privilegiada, información sujeta a derechos de propiedad e información confidencial conocida o revelada como parte de relaciones laborales o en virtud de acuerdos de no divulgación);
  • cargar, publicar, enviar por correo electrónico o transmitir de cualquier otro modo publicidad no solicitada o no autorizada, o materiales promocionales, incluyendo, entre otros, materiales promocionales que tengan la naturaleza de “correo basura”, “spam”, “cadenas de correspondencia”, “esquemas piramidales” o cualquier otra forma de propuesta de naturaleza similar;
  • utilizar software manual o automatizado, dispositivos, scripts robots u otros medios o procesos para acceder a cualquier contenido u otros servicios contenidos en o a través de los Servicios o aplicar técnicas de “scraping”, “crawling” o “spidering”;
  • utilizar la información, el contenido o cualquier dato que usted vea en los Servicios y/u obtenga de ellos para proporcionar cualquier servicio que compita con los Servicios, incluido el uso de marcas comerciales de CN o material protegido por derechos de autor o marcas confusamente similares;
  • intentar o efectivamente transmitir o publicar un enlace a otro servicio dentro de su perfil o currículum vitae o en cualquier otro lugar de los Servicios que no esté expresamente permitido;
  • participar o planear participar en cualquier actividad ilegal;
  • publicar, difundir o transmitir declaraciones o materiales que, para una persona razonable, puedan ser abusivos, obscenos, pornográficos, difamatorios, hostigadores, gravemente ofensivos, vulgares, amenazantes o maliciosos;
  • revelar información que no tiene derecho a revelar, como información confidencial;
  • utilizar una imagen que no sea una representación de su imagen física o un retrato de su rostro en su perfil o currículum vitae, o falsear de otro modo su identidad, su relación con una persona o entidad, o la fuente de cualquier comunicación;
  • crear, difundir o transmitir archivos, gráficos, software u otro material que infrinja real o potencialmente los derechos de autor, marcas comerciales, patentes, secretos comerciales, publicidad u otros derechos de propiedad intelectual o de propiedad de cualquier persona;
  • exportar, reexportar o permitir la descarga de cualquier mensaje, software o contenido de modo tal que infrinja cualquier ley, reglamento o restricción de exportación o importación de los Estados Unidos y sus organismos o autoridades;
  • interferir, interrumpir o intentar obtener de forma no autorizada acceso a otras cuentas de los Servicios o cualquier otra red informática;
  • difundir o transmitir virus, gusanos, troyanos, RAT, registradores de teclas, bombas de tiempo, spyware, adware, cancelbots o cualquier otro código o programa malicioso o invasivo;
  • dañar, desactivar, sobrecargar o perjudicar cualquier servidor de CN o la(s) red(es) conectada(s) a cualquier servidor de CN, o interferir en el uso y goce de cualquiera de los Servicios por parte de terceros;
  • obtener acceso no autorizado a cualquiera de los Servicios, cuentas, sistemas informáticos o redes conectados a cualquier servidor de CN o a cualquiera de los Servicios a través de técnicas de hacking, cracking, la distribución de software falsificado, la extracción de contraseñas o cualquier otro medio;
  • realizar ingeniería inversa, descompilar o desensamblar cualquier software al que se acceda a través de los Servicios;
  • transmitir, publicar o enviar por correo electrónico cualquier oportunidad profesional engañosa o falsa en su perfil, currículum vitae o en cualquier otro lugar de los Servicios;
  • utilizar técnicas de “framing”, “mirroring” o simular de cualquier otra forma la apariencia o función de los Servicios;
  • acceder a los Servicios de un modo que no sea a través de las interfaces expresamente proporcionadas por CN;
  • neutralizar cualquier característica de seguridad de los Servicios; o
  • participar en cualquier otra actividad que CN considere, a su entera discreción, que compite o entra en conflicto con el espíritu o la intención de los Servicios y los requisitos de estos Términos.

V. DERECHOS Y OBLIGACIONES DEL USUARIO

Prevención y notificación de conductas abusivas

Usted acepta que CN puede tomar las medidas que considere necesarias para detener o impedir cualquier tipo de comportamiento en los Servicios que infrinja el presente Acuerdo a su entera discreción, sin previo aviso. Por ejemplo, CN tiene una política de tolerancia cero contra la pornografía infantil, y dará de baja y denunciará a las autoridades competentes a cualquier Usuario que publique o distribuya pornografía infantil. Usted puede denunciar cualquier infracción del Código de Conducta del Usuario o cualquier otro abuso de los Servicios enviando un correo electrónico a reportabuse@castingnetworks.com.

Baja o cancelación por parte de CN

CN puede restringir, suspender o dar de baja la Membresía de cualquier Usuario que infrinja estos Términos o que de algún otro modo abuse o haga un mal uso de los Servicios sin previo aviso. Dicha restricción, suspensión o baja surtirá efecto inmediatamente o según se especifique en cualquier notificación. En el caso de que CN restrinja, suspenda o dé de baja su Membresía, no se ofrecerá ningún reembolso o crédito de cualquier Membresía u otras tarifas o intercambio de los Servicios, excepto a nuestra entera discreción. Si un Usuario cuya cuenta ha sido restringida, suspendida o dada de baja se ha vuelto a registrar o intenta volver a registrarse en CN (incluso con un nuevo nombre), dicho Usuario podrá ser excluido permanentemente de los Servicios sin posibilidad de reclamación. CN ha adoptado una política de baja de cuentas de Usuarios (o de bloqueo de cualquier dirección IP asociada) y de exclusión permanente sin posibilidad de reclamación de cualquier Usuario que, a la entera discreción de CN, declare falsamente que es un Representante Autorizado, un Representante de Talentos, un director de casting u otro Profesional de la Industria, o cualquier Usuario que proporcione información falsa o engañosa. CN también puede cancelar su cuenta (Membresía con Suscripción o cualquier otro tipo de cuenta) en cualquier momento para cualquiera de los Servicios por cualquier motivo. Si CN cancela su membresía mensual, su membresía de prepago o cualquier otra cuenta de pago, usted recibirá un reembolso por los meses que no haya utilizado completamente. El importe de dicho reembolso se calculará multiplicando la tarifa mensual por el número de meses restantes en la cuenta. Si CN cancela durante un mes que se ha utilizado parcialmente, le devolverá, no obstante, el importe íntegro que haya pagado por ese mes.

Seguridad de la membresía y uso no autorizado

Usted es plenamente responsable de todas las actividades realizadas a través de su Membresía (incluido el cumplimiento de estos Términos). Durante el proceso de registro también se le pedirá que elija una contraseña. Usted es totalmente responsable de mantener la seguridad de su contraseña. Debe tratar de elegir una contraseña fuerte y segura y mantener su contraseña confidencial. Usted no puede utilizar la cuenta o la contraseña de otro Miembro en ningún momento, ni permitir que un tercero no autorizado acceda a su cuenta o utilice su Membresía, ni revelar la información de su contraseña a ningún tercero no autorizado. Usted se compromete a notificarnos inmediatamente si sospecha de cualquier uso no autorizado de su Membresía o acceso no autorizado a su cuenta o contraseña. Usted será responsable de nuestras pérdidas o de las pérdidas de otros como resultado de dicho uso no autorizado hasta el momento en que dé de baja su Membresía o demuestre que la seguridad de su cuenta se vio comprometida por causas ajenas a usted.

Tarifas e información de facturación

Ofrecemos varios planes. Cada uno tiene sus propias características y precios, y como usuario puedes seleccionar un plan para el que califiques que mejor se adapte a tus necesidades. El pago de las membresías se realizará de acuerdo con el plan seleccionado. Los precios y características de los planes están sujetos a cambios de acuerdo con estos Términos. Se proporcionará aviso de cualquier cambio de precio a los usuarios con antelación, y tendrás la opción de cambiar o cancelar tu membresía si no estás de acuerdo con los nuevos precios de acuerdo con estos Términos una vez que se complete el plazo existente. Ciertos cambios en un plan, como pasar a un plan de mayor precio, resultarán en un ajuste inmediato de la tarifa en la fecha en que se inicie el acceso al nuevo plan y sus características. Si te mudas a un plan de menor precio, el cambio tendrá efecto al final del plazo actual. Podemos, de vez en cuando, ajustar o reducir la asignación de características y capacidades entre diferentes planes. Haremos esfuerzos razonables para proporcionar aviso previo a los usuarios afectados de cualquier cambio importante.

Si compras alguno de nuestros servicios de pago, ya sea de forma mensual única o en una membresía con facturación mensual recurrente, aceptas que CN (y sus proveedores de servicios autorizados) puedes almacenar la información de tu tarjeta de pago. CN te facturará la tarifa correspondiente, impuestos aplicables y cualquier otro cargo revelado por los servicios (“Tarifas”) utilizando la información de facturación proporcionada por ti (“Información de Facturación”). Aceptas pagar a CN todas las Tarifas a los precios entonces vigentes por el uso de los servicios utilizando tu Información de Facturación, y autorizas a CN a cargar a tu Proveedor de Pago (“Método de Pago”) las Tarifas asociadas con los servicios seleccionados. Todas las membresías de más de un mes se renovarán automáticamente a nuestra tarifa de membresía mensual y se facturarán mensualmente, estando sujetas a nuestros Términos de Membresía, que se presentan a continuación y se acuerdan al momento de la inscripción. Los términos de tu Método de Pago pueden ser determinados por acuerdos entre tú y la institución financiera, emisor de la tarjeta de débito/crédito u otro proveedor de tu Método de Pago elegido (el “Proveedor de Pago”), que pueden incluir tarifas adicionales, incluidas las tarifas por transacciones en el extranjero. Si CN no recibe el pago de tu Proveedor de Pago, aceptas pagar todos los montos adeudados en tu cuenta cuando se te solicite. En caso de que tengamos que cobrar tarifas impagas, serás responsable de todos los costos de cobro y tarifas (incluidas las tarifas razonables de abogados). Ten en cuenta que, para los servicios comprados por otra parte para tu cuenta (por ejemplo, por tu Representante de Talento), la parte que pague los servicios es responsable de realizar el pago de manera oportuna, y la falta de hacerlo puede resultar en la terminación de tu membresía. Todas las tarifas están en dólares estadounidenses, a menos que se indique lo contrario, y no incluyen cargos de proveedores de servicios de Internet, teléfono u otras conexiones, si los hay, que son facturados por terceros. Dependiendo de la moneda de tu tarjeta de crédito y del país en el que se emitió tu tarjeta, tu proveedor de tarjeta de crédito puede imponer tarifas de cambio de divisa y otros cargos de acuerdo con tus acuerdos con ese proveedor de tarjeta de crédito. Si eliges una membresía de membresía, la membresía seguirá de manera continua hasta que se cancele, como se describe a continuación. Aceptas que CN está autorizado a facturarte cada mes utilizando el Método de Pago proporcionado.

Membresías y cancelación por su parte

USTED TIENE DERECHO A CANCELAR SU MEMBRESÍA MENSUAL O DE PREPAGO, O CUALQUIER OTRA CUENTA, Y A OBTENER EL REEMBOLSO ÍNTEGRO DE CUALQUIER IMPORTE PAGADO EN UN PLAZO DE 10 DÍAS HÁBILES A PARTIR DE LA COMPRA INICIAL. Después del período de cancelación de 10 días, también puede cancelar su cuenta en cualquier momento para cualquiera de los Servicios. Si cancela una membresía mensual, evitará los cargos futuros, pero los meses parciales no se reembolsan. Si cancela una suscripción de prepago (por ejemplo, una suscripción de prepago de seis o doce meses), se le cobrará la tarifa mensual habitual por los meses que haya utilizado. Para obtener más información sobre su Membresía, o para cancelar su Membresía u otra cuenta en cualquier momento durante el período de su suscripción o de otra manera, puede enviarnos un correo electrónico a billing@castingnetworks.com. Cancelaremos su cuenta tan pronto como sea posible después de resolver cualquier problema pendiente con su cuenta y de acuerdo con la ley aplicable.

Eliminar su cuenta y datos y contenido asociados

Si desea eliminar su cuenta, consulte nuestro Centro de ayuda en https://support.castingnetworks.com/hc/en-us/requests/new. Una vez que haya solicitado eliminar su cuenta, y/o datos o contenido dentro de su cuenta, el proceso de eliminación comenzará automáticamente. Una vez que se eliminen los datos, estos también se eliminarán de las copias de seguridad y los sistemas de recuperación tan rápido como sea técnicamente posible. Sus datos y contenido no se eliminarán en las siguientes circunstancias:

  • Cuando sus datos o contenido se hayan compartido con otros de acuerdo con estos Términos de uso (consulte la sección ‘Propiedad y licencia de contenido de usuario’);
  • Cuando haya limitaciones técnicas para completar la eliminación, en cuyo caso, los datos se eliminarán tan rápido como sea técnicamente posible;
  • Cuando la eliminación pueda obstaculizar nuestra capacidad para cumplir con lo siguiente. En tales casos, los datos y el contenido se retendrán durante el tiempo necesario para cumplir con los fines para los cuales se retuvieron:
  • Investigar violaciones de estos Términos de uso y/o identificar actividad ilegal;
  • Asegurar la seguridad de los usuarios y la seguridad de los sistemas y servicios;
  • Cumplir con una obligación legal o solicitud formal de una agencia gubernamental, organización de aplicación de la ley o agencia gubernamental.
  • Los usuarios deben solicitar o completar la descarga de datos o contenido antes de solicitar o completar la eliminación.

Interrupción de los Servicios

CN puede, en cualquier momento y por cualquier o ningún motivo, interrumpir la disponibilidad de algunos o todos los aspectos de los Servicios, o modificar, sustituir, denegar el acceso o dejar de brindar cualquier Servicio, o cambiar o modificar nuestras Tarifas a nuestra entera discreción. Cualquier cambio en los Servicios o en las Tarifas entrará en vigor cuando se publique en los Servicios o cuando se le comunique a usted directamente. CN no es responsable de ninguna interrupción de los Servicios, ni de ningún retraso o falta de ejecución, y usted entiende que en tales casos no tendrá derecho a ningún reembolso de las Tarifas.

Contenido de su cuenta

Podemos eliminar y o descartar cualquier contenido disponible como parte de su cuenta de Miembro, incluido su perfil o currículum vitae, con o sin previo aviso, por cualquier motivo. CN no tiene ninguna obligación de almacenar, mantener o proporcionarle una copia de cualquier contenido que usted u otros Usuarios proporcionen al utilizar los Servicios.

Almacenamiento de Medios

Los medios se definen como fotografías, audio o videos, incluyendo autograbaciones u otros tipos de archivos, videos y autograbaciones que como usuario añades a tu perfil, respondes a solicitudes de medios o cargas en envíos. Pueden aplicarse límites de almacenamiento de medios a los planes. La capacidad de almacenamiento se calcula utilizando el tamaño original del archivo y está vinculada a un artista individual. Los medios deben cumplir con criterios mínimos de calidad. La cantidad de medios que puedes cargar dentro de tu plan dependerá de varios factores, incluido el tipo de archivo, tamaño, resolución y calidad. Los servicios pueden no estar disponibles para un usuario si ha alcanzado o superado el límite de almacenamiento de medios. Pueden aplicarse límites de tiempo a la eliminación de medios y a la actividad de archivo dentro de una cuenta. Nos reservamos el derecho de ajustar los límites de almacenamiento de medios para planes a nuestra discreción. Se proporcionará a los usuarios un aviso razonable de cualquier cambio importante en los límites de almacenamiento de medios. Los servicios de almacenamiento de medios pueden retirarse al vencer una suscripción. No podemos hacernos responsables de la pérdida o corrupción de datos, incluida la eliminación accidental o intencional por parte de cualquier parte.

Uso no comercial

Los Servicios son para el uso personal de los Usuarios y no pueden ser utilizados en relación con ningún esfuerzo comercial, excepto aquellos que estén específicamente respaldados o aprobados por nosotros. Consulte la Sección IV. “Código de Conducta del Usuario” para conocer los detalles de los usos permitidos y prohibidos de los Servicios. Se prohíbe el uso ilegal y/o no autorizado de los Servicios, incluida la recopilación de nombres y/o direcciones de correo electrónico de los Usuarios por medios electrónicos o de otro tipo con el fin de enviar correos electrónicos no solicitados o propuestas comerciales, o el uso no autorizado de técnicas de “framing” o enlaces que conduzcan a los Servicios. Los anuncios comerciales, los enlaces de afiliadas y de terceros, y otras formas de propuestas pueden ser eliminados de los perfiles o currículum vitae de los Miembros sin previo aviso y pueden dar lugar a la baja de la Membresía, a nuestra entera discreción. Se podrán emprender las acciones legales oportunas por cualquier uso ilegal o no autorizado de los Servicios.

Enlaces a servicios de terceros

Los Servicios pueden incluir enlaces a aplicaciones, sitios web u otros servicios de terceros (“Sitios de terceros”). Usted es responsable de decidir si desea acceder o utilizar un Sitio de Terceros. CN no se responsabiliza ni respalda las características, el contenido, la publicidad, los productos u otros materiales de los Sitios de Terceros o disponibles desde ellos. Los Sitios de Terceros tienen sus propios términos legales de uso y políticas de privacidad, y usted puede estar dando permiso a otros para utilizar su información de formas que nosotros no haríamos. Salvo en la medida limitada en que lo exija la legislación aplicable, no somos responsables de los Sitios de Terceros; utilícelos o acceda a ellos bajo su propio riesgo.

VI. DERECHOS DE PROPIEDAD INTELECTUAL

Acceso al contenido de los Servicios

Usted reconoce que: (i) al utilizar los Servicios puede tener acceso a fotografías, imágenes digitales, gráficos, música, vídeos, audio, texto, código informático y otras producciones creativas (denominados colectivamente, “Contenido”); y que (ii) este Contenido incluye Contenido propiedad o sujeto a licencias de CN (“Contenido de CN”), o propiedad o sujeto a licencias de los Usuarios (“Contenido de Usuarios”). Usted reconoce que CN, los licenciantes de CN y los Usuarios tienen derechos sobre sus respectivos Contenidos en virtud de los derechos de autor y otras leyes y disposiciones de tratados aplicables. Usted acepta la plena responsabilidad por el uso que haga de cualquier Contenido que viole tales derechos.

Contenido de Usuarios

CN puede tomar la decisión, pero no tiene ninguna obligación, de realizar controles preliminares o monitoreos de los Servicios en busca de conductas o Contenidos de Usuarios inapropiados en cualquier momento, y puede eliminar cualquier Contenido de Usuario que viole estos Términos, según lo determine CN a su entera discreción. No obstante, si CN decide realizar controles preliminares o monitoreos del Contenido de Usuarios, no asume ninguna responsabilidad por dicho Contenido de Usuarios, ni la obligación de modificar o eliminar cualquier Contenido de Usuario inapropiado, ni ninguna responsabilidad por la conducta del Usuario que envíe dicho Contenido de Usuario.

Visualización del contenido bajo su propio riesgo 

Usted entiende que, al utilizar los Servicios, estará expuesto a Contenido procedente de diversas fuentes, y que CN no es responsable de la exactitud, la utilidad, la seguridad o los derechos de propiedad intelectual de dicho Contenido o que se relacionen con él. Además, usted comprende y reconoce que puede estar expuesto a Contenidos inexactos, ofensivos, indecentes, censurables o que contengan errores u omisiones.

Propiedad del Contenido de Usuarios publicado por otros usuarios de nuestros Servicios 

Todo el Contenido de Usuarios, incluyendo toda la información de proyectos publicada en los Servicios por cualquier usuario, incluyendo los directores de casting, es propiedad o está sujeto a licencia del usuario que lo publicó. Por lo tanto, otros usuarios de nuestros Servicios no pueden distribuir, modificar, transmitir, reutilizar, descargar, republicar, copiar o utilizar el Contenido de Usuario de otros, incluyendo la información de proyectos, por ningún motivo sin el permiso previo y por escrito del usuario que lo publicó. La violación de esta Sección es causal de extinción inmediata y permanente de su derecho a utilizar nuestros Servicios.

Derechos de propiedad de CN

Todo derecho y titularidad sobre los Servicios es propiedad exclusiva de CN y sus licenciantes. Por la presente, le concedemos una licencia limitada, revocable y no sub licenciable para reproducir y mostrar el Contenido de CN (excluyendo cualquier código de software) únicamente para su uso personal y en la medida necesaria para acceder o utilizar los Servicios. CN se reserva todos los derechos no concedidos expresamente sobre el Contenido de CN y los Servicios.

Restricciones de uso del software

Usted reconoce que cualquier software y documentación relacionada que pueda estar disponible para su descarga desde los Servicios (el “Software”) es una obra con derechos de autor que es propiedad o está sujeta a licencia de CN y que usted no adquiere ningún derecho de propiedad al descargar el Software. Usted acepta que su uso del Software se rige por estos Términos y también por los términos del acuerdo de licencia, si lo hubiera, que acompaña o se incluye con el Software (el “Acuerdo de Licencia”). Salvo en la medida de lo establecido en el Acuerdo de Licencia aplicable, cualquier otra copia, reproducción o redistribución del Software está expresamente prohibida. EN LA MEDIDA MÁXIMA PERMITIDA POR LA LEY APLICABLE, EXCEPTO EN NUEVA JERSEY Y SEGÚN LO ESTABLECIDO EN EL ACUERDO DE LICENCIA, EL SOFTWARE SE LE PROPORCIONA EN EL ESTADO Y EL LUGAR EN QUE SE ENCUENTRA, Y SE DECLINAN TODAS LAS CONDICIONES, DECLARACIONES Y GARANTÍAS, YA SEAN EXPRESAS, IMPLÍCITAS, LEGALES O DE OTRO TIPO, INCLUYENDO CUALQUIER GARANTÍA IMPLÍCITA DE COMERCIABILIDAD, IDONEIDAD PARA UN PROPÓSITO PARTICULAR O NO VIOLACIÓN DE DERECHOS DE TERCEROS.

Observaciones 

Todos los comentarios, observaciones o materiales que usted nos envíe, incluidas las observaciones, testimonios, imágenes, reseñas, preguntas, comentarios, sugerencias o ideas (denominados colectivamente, “Observaciones”), son recibidos y tratados por nosotros de forma no confidencial y sin restricciones. CN tiene una licencia limitada y no exclusiva para utilizar, mostrar, ejecutar, distribuir, copiar, adaptar y promover las Observaciones de cualquier manera, sin ninguna remuneración adicional para usted. Usted acepta que, al enviar sus Observaciones, no se violará ningún derecho de terceros, incluidos los de confidencialidad, derechos de autor, marcas comerciales, privacidad u otros derechos personales o de propiedad intelectual o sujetos a derechos de propiedad, y que no causará daños a ninguna persona o entidad ni contendrá material difamatorio o que sea de algún otro modo ilegal, amenazante, abusivo u obsceno, ni contendrá virus, propuestas comerciales o cualquier forma de “spam”.

Propiedad y licencia del Contenido de Usuarios

Usted conserva los derechos de autor y otros derechos de propiedad intelectual que posea bajo la ley con respecto al Contenido de Usuario que envía o transmite o muestra en los Servicios o a través de ellos. Sin embargo, al publicar su Contenido de Usuario en los Servicios, usted concede a CN y a sus empresas afiliadas, así como a sus sublicenciatarios (u otros proveedores) de los Servicios, permiso para utilizar, transmitir, reproducir, publicar, mostrar públicamente, ejecutar públicamente, reformatear, editar, eliminar, traducir, aprender de, transcribir y analizar su Contenido de Usuario en relación con los Servicios actuales o futuros (“Licencia”). No se le pagará ninguna remuneración con respecto al uso de su Contenido de Usuario, según lo dispuesto en el presente documento. Usted puede editar parte de su Contenido de Usuario utilizando las herramientas de los Servicios; sin embargo, si usted ha compartido el Contenido de Usuario con otros a través de los Servicios, CN no tiene ningún control sobre el uso de ese Contenido por parte de terceros. Además, usted reconoce que el Contenido de Usuario eliminado puede subsistir en los sistemas de quienes hayan tenido acceso previo al Contenido de Usuario a través de nuestros Servicios, y en copias de seguridad para el mantenimiento de registros y fines internos, incluido el de hacer cumplir estos Términos. Consulte los términos de nuestra Política de Privacidad para obtener más información sobre cómo utilizamos, compartimos y almacenamos la información personal que usted nos proporciona y sus opciones. Usted declara que tiene todos los derechos necesarios para concedernos la Licencia establecida en esta sección, que su Contenido de Usuario es exacto y no es confidencial, y que el envío, la transmisión, la publicación y el uso de su Contenido de Usuario en los Servicios no infringe ninguna ley aplicable ni restricciones contractuales ni otros derechos de terceros (incluidos, entre otros, los derechos de privacidad, publicidad y propiedad intelectual de las personas o bienes que aparecen allí). Usted es el único responsable de su Contenido de Usuario o de cualquier otro Contenido de Usuario al que acceda a través de los Servicios.

Ley “Digital Millennium Copyright Act”

CN ha registrado un agente en la Oficina de Derechos de Autor de los Estados Unidos de acuerdo con los términos de la ley “Digital Millennium Copyright Act”, 17 U.S.C. Sec. 512, (la “DMCA”) y se acoge a las protecciones de la DMCA. Además, nos reservamos el derecho de eliminar cualquier Contenido de Usuario en los Servicios que presuntamente infrinja los derechos de autor de otra persona y/o dar de baja, interrumpir, suspender y/o restringir la cuenta o la capacidad de visitar y/o utilizar los Servicios o eliminar, editar o desactivar cualquier Contenido de Usuario en los Servicios que presuntamente infrinja los derechos de autor de otra persona. Nuestra política es dar de baja el acceso de los infractores reincidentes. Sin embargo, respetamos los intereses de los derechos de autor de otros y nuestra política es no permitir que los materiales que sabemos que infringen los derechos de autor de otra parte permanezcan en los Servicios de CN.

Envío de solicitudes o quejas

Si cree que algún material de los Servicios infringe un derecho de autor, debe enviarnos una solicitud de retirada del material supuestamente infractor en forma de carta escrita, enviándola únicamente por correo ordinario, (“Notificación de Retirada conforme a la DMCA”) que incluya como mínimo:

  • La identificación del material que supuestamente está infringiendo o que es objeto de una actividad infractora y que debe ser eliminado o cuyo acceso debe ser deshabilitado, así como información razonablemente suficiente para permitirnos localizar el material;
  • Su nombre, dirección, número de teléfono y dirección de correo electrónico (si está disponible);
  • Una declaración de que la parte reclamante cree de buena fe que el uso del material en la forma reclamada no está autorizado por el titular de los derechos de autor, su agente o la ley;
  • Una declaración de que la información en la notificación es exacta y, bajo pena de perjurio, que la parte reclamante está autorizada a actuar en nombre del titular de un derecho exclusivo que supuestamente se ha infringido; y
  • La firma de una persona autorizada a actuar en nombre del titular de un derecho exclusivo que supuestamente se ha infringido.
  • Sin perjuicio de lo anterior, nos reservamos el derecho de ignorar una Notificación de Retirada conforme a la DMCA que no cumpla con la DMCA.
  • Presentación de una contranotificación

Si su material ha sido eliminado o bloqueado por nosotros como resultado de la recepción por nuestra parte de una Notificación de Retirada conforme a la DMCA, puede enviarnos una solicitud para que se restablezca el material supuestamente infractor en forma de carta escrita, enviándola únicamente por correo ordinario, (“Contranotificación conforme a la DMCA”) que incluya, como mínimo:

  • La identificación de la obra o las obras protegidas por derechos de autor que fueron eliminadas por CN y la ubicación en la que aparecían las obras antes de ser eliminadas, con información razonablemente suficiente para permitirnos identificar la obra protegida por derechos de autor;
  • Su nombre, dirección, número de teléfono y dirección de correo electrónico (si está disponible);
  • Una declaración de que usted acepta la jurisdicción del Juzgado Federal de Primera Instancia de los EE.UU. para el distrito judicial en el que se encuentra su dirección, o de California si su dirección está fuera de los Estados Unidos;
  • Una declaración de que usted aceptará la notificación de demanda de la persona (o un agente de dicha persona) que nos proporcionó la Notificación de Retirada conforme a la DMCA;
  • Una declaración de que usted cree de buena fe que el material supuestamente infractor identificado anteriormente como la obra protegida por derechos de autor fue eliminado o deshabilitado como resultado de un error o una identificación errónea del material que debía ser eliminado o deshabilitado; y
  • Una firma de una persona autorizada para actuar en nombre del titular de la obra protegida por derechos de autor que fue retirada.

Cuando recibamos la Contranotificación conforme a la DMCA, enviaremos una copia de la misma a la parte que nos envió originalmente la Notificación de Retirada conforme a la DMCA solicitando la eliminación del material supuestamente infractor, y restableceremos el material supuestamente infractor, a menos que dicha parte obtenga una orden judicial que apoye la eliminación del material supuestamente infractor. No obstante, nos reservamos el derecho de ignorar una Contranotificación conforme a la DMCA que no cumpla con la DMCA.

Tanto la Notificación de Retirada conforme a la DMCA como la Contranotificación conforme a la DMCA deben enviarse a nuestro agente designado en virtud de la DMCA por correo electrónico a dmca-takedown@castingnetworks.com o por correo postal como se indica a continuación:

RAFI GORDON
CASTING NETWORKS, LLC
3250 WILSHIRE BLVD STE 1800
LOS ANGELES, CA 90010
USA

Los correos electrónicos o cartas enviados a estas direcciones de contacto que no estén relacionados con la DMCA serán ignorados.

VII. INTERACCIÓN CON OTROS USUARIOS

Proveedor de servicios 

CN es un proveedor de servicios, por lo que no controlamos todos y cada uno de los aspectos de los Servicios. Por ejemplo, no supervisamos regularmente las interacciones de los Usuarios con los Servicios o las comunicaciones entre ellos en los Servicios. Sin embargo, CN puede, en determinadas circunstancias, prohibirle a usted que se ponga en contacto con otros Usuarios mediante el uso de los Servicios o limitar de otro modo su uso de estos últimos. CN se reserva el derecho de dar de baja su Membresía si determina, a su entera discreción, que es necesario hacerlo para hacer cumplir estos Términos o para proteger su reputación comercial o a los Usuarios.

Comunicaciones con los usuarios 

Usted es el único responsable de sus interacciones con otros usuarios.

Exención 

Como condición para el acceso y el uso de los Servicios, usted exime a CN, incluidos sus accionistas, socios, afiliadas, directores, funcionarios, subsidiarias, empleados, agentes, proveedores, licenciantes y distribuidores, de cualquier reclamación, pretensión y daños de cualquier tipo y naturaleza, conocidos y desconocidos, sospechados e insospechados, revelados y no revelados, que surjan o estén relacionados de alguna manera con cualquier disputa que usted tenga o afirme tener con uno o más Usuarios de los Servicios, incluida cualquier reclamación contra cualquier individuo o entidad que cree una cuenta no autorizada para usted en su nombre.

Disputas de Usuarios

Usted entiende y acepta que: (i) CN tendrá el derecho, pero no la obligación, de ayudar a los Usuarios a resolver las disputas entre los Usuarios relacionadas con el uso de los Servicios por parte de los Usuarios; (ii) la resolución por parte de CN de cualquier disputa particular no crea la obligación de resolver ninguna otra disputa; (iii) en la medida en que CN ayude a resolver dichas disputas, lo hará de buena fe basándose únicamente en las reglas y normas generales de los Servicios; (iv) la resolución de tales disputas por parte de CN será definitiva con respecto al uso de los Servicios por parte de los respectivos Usuarios; y (v) usted exime a CN de reclamaciones, pretensiones y daños de todo tipo y naturaleza relacionados de alguna manera con la resolución por parte de CN de las disputas de los Usuarios relacionadas con los Servicios.

VIII. GARANTÍA Y RESPONSABILIDAD

Los Servicios se prestan tal y como están en su estado actual

CN presta los Servicios estrictamente tal y como están en su estado actual y no garantiza que los Servicios funcionen sin interrupciones ni errores de funcionamiento, ni que estén libres de virus. El funcionamiento de los Servicios puede verse interrumpido debido a mantenimiento, actualizaciones o fallos del sistema o de la red. CN declina toda responsabilidad por los daños causados por cualquier interrupción, mal funcionamiento, imposibilidad de acceso o malas condiciones de uso de los Servicios por cualquier motivo. El uso de los Servicios se realiza bajo su propio riesgo, en la mayor medida en que lo permita la legislación aplicable y salvo en Nueva Jersey. CN DECLINA EXPRESAMENTE TODAS LAS GARANTÍAS O CONDICIONES DE CUALQUIER TIPO, ESCRITAS U ORALES, EXPRESAS, IMPLÍCITAS O LEGALES, INCLUYENDO, ENTRE OTRAS, CUALQUIER GARANTÍA IMPLÍCITA DE TITULARIDAD, NO INFRACCIÓN, COMERCIABILIDAD O IDONEIDAD PARA UN PROPÓSITO PARTICULAR.

CN no garantiza la calidad, la exactitud, la integridad o la validez de cualquier información o Contenido al que usted acceda o que usted reciba en relación con los Servicios, ni que el uso que usted haga de los Servicios vaya a satisfacer sus necesidades. Si usted no está satisfecho o se ve perjudicado por los Servicios, puede dar de baja su cuenta de acuerdo con estos Términos y dicha baja será su único y exclusivo recurso.

CN no se responsabiliza de la entrega de los mensajes enviados a través de los Servicios a cualquier persona, ni tampoco realiza declaraciones ni ofrece garantías al respecto. Además, no garantizamos ni declaramos que el uso de los Servicios por parte de usted no infrinja los derechos de terceros. Cualquier material, servicio o tecnología descrito o utilizado en los Servicios puede estar sujeto a derechos de propiedad intelectual de terceros que nos han concedido la licencia de dicho material, servicio o tecnología.

CN no tiene ninguna obligación de verificar la identidad de las personas que acceden a los Servicios o se suscriben a ellos. CN declina toda responsabilidad por el robo de identidad o cualquier otro acceso o uso indebido de su identidad o información.

Ausencia de responsabilidad por Contenido acumulado

Al utilizar los Servicios, usted puede acumular Contenido que reside como datos en los servidores de CN. Estos datos, así como cualquier otro dato, información o historial de la cuenta de Miembro, información personal o nombres del Usuario que residan en los servidores de CN pueden ser eliminados, alterados, trasladados o transferidos en cualquier momento y por cualquier motivo a la entera discreción de CN. Usted reconoce que, sin perjuicio de cualquier derecho de autor u otros derechos que usted pueda tener con respecto al Contenido de Usuario que cargue, transmita, muestre y/o cree utilizando los Servicios, y sin perjuicio de cualquier valor atribuido a dicho Contenido, entiende y acepta que CN tiene el derecho, pero no la obligación, de eliminar cualquier Contenido (incluido su Contenido de Usuario) en cualquier momento, por cualquier motivo o sin motivo, con o sin aviso, y sin responsabilidad de ningún tipo. CN DECLINA EXPRESAMENTE CUALQUIER VALOR, EN DINERO O DE OTRO TIPO, ATRIBUIDO A CUALQUIER DATO QUE RESIDA EN LOS SERVIDORES DE CN.

Limitación de la responsabilidad

EN NINGÚN CASO CN O SUS RESPECTIVOS PROVEEDORES, LICENCIANTES O DISTRIBUIDORES, AL ALOJAR, OPERAR O ENTREGAR LOS SERVICIOS, SERÁN RESPONSABLES ANTE USTED O CUALQUIER TERCERO POR CUALQUIER DAÑO ESPECIAL, INCIDENTAL, INDIRECTO, CONSECUENTE, PUNITIVO O EJEMPLIFICADOR, INCLUYENDO, ENTRE OTROS, CUALQUIER DAÑO POR LUCRO CESANTE, EXCLUYENDO LAS RECLAMACIONES BASADAS EN NEGLIGENCIA GRAVE, FRAUDE O MALA CONDUCTA INTENCIONADA, QUE SURJAN (YA SEA POR RESPONSABILIDAD CONTRACTUAL, EXTRACONTRACTUAL, OBJETIVA O DE OTRA MANERA) DE O EN RELACIÓN CON LOS SERVICIOS (INCLUYENDO SU MODIFICACIÓN O BAJA), SU MEMBRESÍA (INCLUYENDO SU BAJA O SUSPENSIÓN) O ESTOS TÉRMINOS, YA SEA O NO QUE CN HAYA SIDO ADVERTIDO DE QUE CUALQUIERA DE ESTOS DAÑOS PODÍAN O PODRÍAN OCURRIR Y SIN PERJUICIO DEL FRACASO DE LA FINALIDAD ESENCIAL DE CUALQUIER REMEDIO.

ADEMÁS, EXCLUYENDO LAS RECLAMACIONES BASADAS EN NEGLIGENCIA GRAVE, FRAUDE O MALA CONDUCTA INTENCIONADA, USTED ACEPTA QUE EN NINGÚN CASO LA RESPONSABILIDAD ACUMULADA DE CN HACIA USTED POR DAÑOS DIRECTOS DE CUALQUIER TIPO O NATURALEZA EXCEDERÁ LA MENOR DE LAS TARIFAS MENSUALES MÁS RECIENTES QUE USTED PAGÓ POR EL SERVICIO, SI LAS HUBIERA, O CINCUENTA DÓLARES ESTADOUNIDENSES ($50,00). ALGUNOS ESTADOS, INCLUIDO EL DE NUEVA JERSEY U OTRAS JURISDICCIONES, NO PERMITEN LA EXCLUSIÓN O LIMITACIÓN DE LA RESPONSABILIDAD POR DAÑOS INCIDENTALES O CONSECUENTES O DE OTRO TIPO, POR LO QUE ES POSIBLE QUE LAS LIMITACIONES Y EXCLUSIONES ANTERIORES NO SE APLIQUEN EN SU CASO. Si es usted residente en California, por la presente renuncia al artículo 1542 del Código Civil de California (y a cualquier disposición similar en cualquier otra jurisdicción) que establece: “Una exención general no se extiende a las reclamaciones que el acreedor no conoce o sospecha que existen a su favor en el momento de firmar la exención, las cuales, de haber sido conocidas por él, habrían afectado sustancialmente su acuerdo extrajudicial con el deudor.”

Indemnidad 

Usted se compromete a defender, mantener indemne y exonerar a CN y a sus accionistas, socios, afiliadas, directores, funcionarios, subsidiarias, empleados, agentes, proveedores, licenciantes y distribuidores de todos los daños, pérdidas, responsabilidades, reclamaciones y costes (incluidos, entre otros, los honorarios y costes razonables de los abogados, incluidos los costes para responder a las acciones, citaciones o investigaciones regulatorias) relacionados con todas las reclamaciones, cargos e investigaciones de terceros, que surjan de, estén relacionados con, o sean causados por (a) el uso que usted haga de los Servicios, (b) su incumplimiento de estos Términos, incluyendo, entre otros, su envío o uso de Contenido que viole los derechos de terceros o las leyes, normas o reglamentos aplicables o (c) su Membresía.

IX. RESOLUCIÓN DE CONFLICTOS

Ley aplicable

Estos Términos se regirán, interpretarán y aplicarán de acuerdo con las leyes del estado en el que reside el Talento, determinado según la dirección registrada en CN, sin tener en cuenta sus normas de conflicto de leyes, con la salvedad de que la disposición de arbitraje se regirá por la Ley Federal de Arbitraje, tal como se indica en el presente documento.

Notificación de reclamaciones

En caso de que surja una disputa entre usted y CN, queremos ofrecerle un medio eficiente, neutral y económico para resolver la disputa a través del arbitraje. La parte que pretenda recurrir al arbitraje deberá enviar primero a la otra una Notificación de Disputa por escrito en la que se describa la naturaleza y el fundamento de la Reclamación (tal y como se define a continuación) y se exponga la reparación específica que se solicita. Todas las Notificaciones de Disputas con CN se enviarán a la siguiente dirección: Casting Networks, LLC, Attn: Dispute Resolution, 3250 Wilshire Blvd Ste. 1800, Los Angeles, CA 90010 USA. Todas las notificaciones a los Usuarios se enviarán al correo electrónico o a la dirección proporcionados en la cuenta del Usuario. Tras la recepción de dicha Notificación de Disputa, la otra parte dispondrá de un plazo de 60 días para satisfacer la Reclamación en su contra subsanando totalmente la Reclamación y/o proporcionando todas las reparaciones solicitadas en la Notificación de Disputa, y/o llegando a un acuerdo extrajudicial para resolver la Reclamación a satisfacción mutua de las partes. Una vez transcurrido dicho plazo de subsanación de 60 días, usted o CN podrán iniciar un procedimiento de arbitraje de acuerdo con el siguiente procedimiento. Este requisito de notificación es una condición previa a cualquier procedimiento de arbitraje, como se describe a continuación.

Arbitraje y renuncia a Acciones de Clase

USTED Y CN ACEPTAN QUE CUALQUIER DISPUTA, CONTROVERSIA O RECLAMACIÓN QUE SURJA DE, ESTÉ RELACIONADA CON O SE REFIERA A ESTOS TÉRMINOS, CUALQUIER CONTRATO, HECHO GENERADOR DE RESPONSABILIDAD EXTRACONTRACTUAL, CARACTERIZACIÓN INEXACTA, FRAUDE U OTRA TEORÍA LEGAL O CAUSA DE PEDIR, LEY, O QUE ESTÉ DE OTRA MANERA RELACIONADA CON LOS SERVICIOS (“RECLAMACIONES”) QUE NO PUEDAN SER RESUELTAS POR ACUERDO MUTUO DE LAS PARTES, SERÁN RESUELTAS POR UN ÁRBITRO A TRAVÉS DE UN ARBITRAJE VINCULANTE. NO OBSTANTE, USTED O CN PODRÁN PRESENTAR CUALQUIER RECLAMACIÓN ANTE UN TRIBUNAL DE CAUSAS DE MENOR CUANTÍA DE ACUERDO CON LOS LÍMITES JURISDICCIONALES APLICABLES. ESTE ACUERDO DE ARBITRAJE DEBE INTERPRETARSE DE FORMA AMPLIA. EN EL ARBITRAJE NO HAY JUEZ NI JURADO, Y LA REVISIÓN JUDICIAL DE UN LAUDO ARBITRAL ES LIMITADA. SIN EMBARGO, AL IGUAL QUE UN TRIBUNAL, EL ÁRBITRO DEBE RESPETAR ESTOS TÉRMINOS. LA DECISIÓN Y EL LAUDO DEL ÁRBITRO SON DEFINITIVOS Y VINCULANTES, CON ALGUNAS EXCEPCIONES EN VIRTUD DE LA LEY FEDERAL DE ARBITRAJE, 9 U.S.C. §§ 1, Y SUBSIGUIENTES, Y CUALQUIER TRIBUNAL CON JURISDICCIÓN PODRÁ DICTAR SENTENCIA SOBRE EL LAUDO. AL ACEPTAR ESTOS TÉRMINOS, USTED Y CN RENUNCIAN AL DERECHO A UN JUICIO CON JURADO O A PARTICIPAR EN UNA ACCIÓN DE CLASE O REPRESENTATIVA. Cualquier Reclamación debe ser presentada a título individual por las partes en el arbitraje, y no como demandante o miembro de una clase en cualquier supuesto procedimiento de clase, colectivo, representativo, de múltiples demandantes o similar (“Acción de Clase”). Las partes renuncian expresamente a la posibilidad de mantener cualquier Acción de Clase en cualquier foro. El árbitro no tendrá autoridad para combinar o acumular reclamaciones similares o llevar a cabo ninguna Acción de Clase ni dictar un laudo a ninguna persona o entidad que no sea parte del arbitraje. Cualquier aseveración de que la totalidad o parte de esta renuncia a la Acción de Clase es inexigible, irrazonable, nula o anulable sólo podrá ser determinada por un tribunal competente y no por un árbitro. USTED Y CN ENTIENDEN QUE HABRÍAN TENIDO DERECHO A LITIGAR ANTE UN TRIBUNAL, A QUE UN JUEZ O UN JURADO DECIDIERA SU CASO Y A SER PARTE DE UNA ACCIÓN DE CLASE O REPRESENTATIVA. SIN EMBARGO, AL ACEPTAR ESTOS TÉRMINOS Y UTILIZAR LOS SERVICIOS, USTED ENTIENDE Y ELIGE QUE CUALQUIER RECLAMACIÓN SE DECIDA INDIVIDUALMENTE A TRAVÉS DEL ARBITRAJE. SI POR ALGUNA RAZÓN NO SE PUEDE APLICAR LA PROHIBICIÓN DE LOS ARBITRAJES DE CLASE ESTABLECIDA ANTERIORMENTE, EL ACUERDO DE ARBITRAJE NO SE APLICARÁ. Si, por cualquier motivo, una reclamación se lleva adelante en los tribunales en lugar de a través del arbitraje, usted y CN acuerdan que no habrá un juicio con jurado. Usted y CN renuncian incondicionalmente a cualquier derecho a un juicio con jurado en cualquier acción, procedimiento o reconvención que surja de estos Términos o se relacione con ellos de alguna manera. En caso de litigio, este párrafo puede ser presentado para demostrar un consentimiento escrito a un juicio por el tribunal.

JAM 

Salvo que usted y CN hayan acordado otra cosa por escrito o en el caso de reclamaciones individuales presentadas por usted o por CN en un tribunal de causas de menor cuantía, el arbitraje será regido y llevado a cabo por JAMS ante un único árbitro de JAMS, u otro proveedor establecido de resolución alternativa de conflictos (“ADR”), elegido por CN, que esté autorizado a ejercer la abogacía. El procedimiento de arbitraje tendrá lugar en Los Ángeles, California, y para cualquier demanda no temeraria, CN (1) pagará los costes del arbitraje hasta 10.000 dólares; (2) si usted lo prefiere, llevará a cabo el arbitraje por teléfono, y (3) no solicitará los honorarios de los abogados en caso de que CN gane la disputa. Cada parte pagará los honorarios y costes de sus propios abogados, peritos y testigos (según corresponda) y se llevará a cabo de acuerdo con las reglas de JAMS. Las reglas de JAMS, incluida la selección de un árbitro, la presentación, la administración, la producción de pruebas y los honorarios del árbitro, se llevarán a cabo conforme a las Reglas y Procedimientos Integrales de Arbitraje de JAMS, salvo en la medida en que se modifiquen los presentes Términos o que usted y CN acuerden otra cosa por escrito. Las reglas de JAMS están disponibles en su sitio web en www.jamsadr.com. En la medida en que esta sección de Resolución de Conflictos entre en conflicto con las normas mínimas de JAMS para un procedimiento justo, prevalecerán las reglas y/o normas mínimas de JAMS para los procedimientos de arbitraje en ese sentido. Ninguna de las partes podrá demandar a la otra parte, salvo en la medida de lo dispuesto en el presente documento, o para hacer cumplir esta cláusula o a los fines del laudo del árbitro; y cualquier demanda de este tipo sólo podrá presentarse ante un Juzgado Federal de Primera Instancia o, si dicho juzgado carece de jurisdicción, ante cualquier tribunal estatal que tenga jurisdicción. El árbitro, y no ningún tribunal federal, estatal o local, tendrá autoridad exclusiva para resolver cualquier disputa relacionada con la interpretación, aplicabilidad, irracionabilidad, arbitrabilidad o exigibilidad de estos Términos, incluyendo cualquier aseveración de que la totalidad o parte de estos Términos son nulos o anulables. Sin embargo, la frase anterior no se aplicará a la cláusula de esta disposición de Resolución de Conflictos relativa a la renuncia a la Acción de Clase.

Excepción

Cualquier reclamación o acción (i) de indemnidad, (ii) por cualquier violación de los derechos de propiedad intelectual de CN, (iii) de repetición contra un tercero responsable por parte del demandado, (iv) para determinar el acreedor con mejor derecho sobre un bien, o (v) para que se dicte una orden de innovar o no innovar que surja de una Reclamación no estará sujeta a arbitraje.

Supervivencia 

Esta disposición de arbitraje sobrevivirá a la extinción de estos Términos, incluida la extinción de cualquier relación entre usted y CN.

Divisibilidad

Si alguna disposición de esta Sección es declarada ilegal, inexigible o nula, dicha disposición será ineficaz sólo en la medida en que sea declarada ilegal, inexigible o nula, y el resto de la disposición y todas las demás disposiciones seguirán siendo plenamente exigibles, con la salvedad de que si la disposición sobre la renuncia a la acción de clase para cualquier Reclamación es declarada inexigible por un tribunal de justicia, entonces la disposición de arbitraje no se aplicará.

X. DISPOSICIONES GENERALES

Control de exportaciones

Los Servicios son controlados y operados por CN desde sus oficinas en los Estados Unidos. CN no manifiesta que el Contenido, el Software u otros productos de los Servicios sean apropiados o estén disponibles para su uso en otros lugares, y el acceso a dichos materiales o el uso de los Servicios desde territorios en los que su contenido sea ilegal está prohibido. Aquellos que decidan acceder a los Servicios desde otros lugares lo hacen por iniciativa propia y son responsables del cumplimiento de las leyes locales aplicables. Si usted utiliza los Servicios desde otros lugares, es responsable de cumplir con las leyes locales aplicables, incluyendo, pero sin limitarse a, las regulaciones de exportación e importación de otros países. El uso que usted haga de los Servicios, incluido nuestro Software, está sujeto a las leyes y reglamentos de control de exportaciones y reexportaciones, incluidas las Regulaciones de Administración de Exportaciones (“EAR”) mantenidas por el Departamento de Comercio de los Estados Unidos y los programas de sanciones mantenidos por la Oficina de Control de Activos Extranjeros del Departamento del Tesoro. Usted no podrá, directa o indirectamente, vender, exportar, reexportar, transferir, desviar o disponer de cualquier manera de cualquier Software o Servicio a cualquier usuario final sin obtener las autorizaciones requeridas de las autoridades gubernamentales apropiadas. También garantiza que no tiene prohibido recibir productos de origen estadounidense, incluidos los Servicios o el Software.

Notificaciones

CN puede notificarlo a usted por medio de una notificación general en los Servicios, al momento o después de iniciar sesión en su cuenta de Miembro, por correo electrónico a la dirección de correo electrónico que figura en nuestros registros para su Membresía, o por comunicación escrita enviada por correo de primera clase, con franqueo pagado, o mensajería con entrega el día siguiente a su dirección registrada para su Membresía.

Todas las notificaciones que usted realice, sean o no requeridas por estos Términos, deberán ser enviadas por correo electrónico a support@castingnetworks.com; o enviadas por correo postal o mensajería a:

CASTING NETWORKS LLC
ATTN DISPUTE RESOLUTION
3250 WILSHIRE BLVD STE 1800
LOS ANGELES, CA 90010
USA

Cualquier notificación que usted efectúe sin cumplir con esta sección no tendrá ningún efecto legal.

Renuncia

El hecho de que CN no ejerza parcial o totalmente algún derecho en virtud de los presentes Términos, o la renuncia de CN respecto de cualquier incumplimiento de los mismos por parte de usted, no impedirá el posterior ejercicio de tales derechos por parte de CN ni se considerará una renuncia por parte de CN respecto de cualquier incumplimiento posterior por parte de usted de la misma o cualquier otra condición de los presentes Términos. Los derechos y recursos de CN en virtud de los presentes Términos, sus políticas y cualquier otro acuerdo aplicable entre usted y CN serán acumulativos, y el ejercicio de cualquiera de esos derechos o recursos no limitará el derecho de CN a ejercer cualquier otro derecho o recurso.

Divisibilidad

Si se determina que cualquier parte de estos Términos, excepto la renuncia a la Acción de Clase según lo establecido anteriormente, es inválida o inexigible, esto no afectará a ninguna otra disposición de estos Términos, que seguirá estando plenamente vigente.

Encabezados

Los encabezados de estos Términos se utilizan únicamente para facilitar la referencia y no afectarán a la interpretación de los mismos.

Terceros beneficiarios

Estos Términos no crean derechos de terceros beneficiarios exigibles por éstos.

Acuerdo Íntegro

Los presentes Términos, así como las políticas incorporadas en el presente documento, constituyen un acuerdo íntegro entre usted y CN. Sustituyen a todos los acuerdos anteriores o contemporáneos entre usted y CN en relación con el uso por parte de usted de los Servicios de CN.

Copyright © 2023, Casting Networks, LLC. Todos los derechos reservados.

Fecha de Entrada en Vigor: 13 de diciembre de 2023

CASTING NETWORKS TERMS OF USE

Welcome to Casting Networks. These Terms of Use and any additional terms disclosed to you when you use our services (“Terms”) are a legally binding agreement between you and Casting Networks, LLC, its affiliates (collectively, “CN,” “we,” “our” or “us”) and its family of websites or other services that link to these Terms. THE TERMS INCLUDE A PROVISION REGARDING DISPUTE RESOLUTION, WHICH INCLUDES A REQUIREMENT FOR INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER.

I. ABOUT CASTING NETWORKS, LLC

Casting Networks, LLC provides a range of content, hosting, communication and networking services, including content, features, functionalities and other services to allow Talent (as defined below) to connect with talent agents, managers, casting directors, and other professionals rendering professional services in motion picture, theatrical, radio, television and other entertainment enterprises (collectively the “Services”) that may be offered on our websites, mobile websites, apps, or from other services, products, tools, offers or communications provided by CN.

CN is a Talent Listing Service.

CN IS NOT A TALENT AGENCY AND THIS IS NOT A TALENT AGENCY CONTRACT. ONLY A TALENT AGENT LICENSED PURSUANT TO SECTION 1700.5 OF THE LABOR CODE MAY ENGAGE IN THE OCCUPATION OF PROCURING, OFFERING, PROMISING, OR ATTEMPTING TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR AN ARTIST. CN IS PROHIBITED BY LAW FROM OFFERING OR ATTEMPTING TO OBTAIN AUDITIONS OR EMPLOYMENT FOR YOU. IT MAY ONLY PROVIDE YOU WITH LISTING INFORMATION. FOR MORE INFORMATION, CONSULT CHAPTER 4.5 (COMMENCING WITH SECTION 1701) OF PART 6 OF DIVISION 2 OF THE LABOR CODE. A DISPUTE ARISING OUT OF THE PERFORMANCE OF THE CONTRACT BY THE TALENT SERVICE THAT IS NOT RESOLVED TO THE SATISFACTION OF THE ARTIST/TALENT SHOULD BE REFERRED TO A LOCAL CONSUMER AFFAIRS DEPARTMENT OR LOCAL LAW ENFORCEMENT, AS APPROPRIATE.

Pursuant to California state law, CN has posted a $50,000 bond with the labor Commissioner issued by Vigilant Insurance Company, Bond No. 8304-18-32.

Registration of Minors

Minors are not eligible to create accounts, maintain profiles or utilize our Services. Only Talent Representatives or parents or legal guardians of Talent who are under the age of majority in the state or country in which they reside (“Minors”) may register for Membership, create and maintain profiles and resumes, and utilize the Services on behalf of Minors (collectively referred to as “Authorized Representatives”). Under applicable European Data Privacy Laws, children ages 13 to 16 may provide valid consent to process their personal information. Where consent is required under such European Data Privacy Laws, the Talent Representative has the obligation to provide to us evidence of such consent or, as required under the European Data Privacy Laws, the authorization of the holder of parental responsibility for the child. We may refuse to process, or to continue to process, the child’s personal information until we receive this evidence of consent or authorization.

II. ACCEPTANCE OF TERMS

Legally Binding Agreement

You agree that when registering with CN and clicking or tapping “I Accept” (or similar), or by accessing, viewing, downloading or otherwise using the Services, you are entering into a legally binding agreement with CN based on these Terms and our Privacy Policy, which is incorporated with these Terms. Additional Terms may be posted on some or all of the Services from time to time such as legal notices or rules for particular promotions, applications, downloads or other features or activities. If there is a conflict among Terms, you agree that CN will determine which Terms apply to which Services. These Terms set out your rights, obligations, and restrictions regarding your use of the Services. If you do not agree to any of the terms of the Privacy Policy or these Terms, you must discontinue accessing and/or using the Services. A “Visitor” is someone who accesses and browses the Services but does not register for an account. A “Member” is someone who has created an account on the Services and has received confirmation from CN that registration has been completed and membership has been established (“Membership”). CN may decline Membership registrations for any reason. Visitors and Members are referred to collectively as “Users.”

Updates to Terms

The Terms may change at any time. CN will post the most current version on the homepage of our website (https://www.castingnetworks.com/) or via a link on the applicable Service with a new Effective Date. Changes are effective from the Effective Date. Your continued access or use of the Services after we post changes to the Terms signifies your agreement to those changes. If you do not agree to the current Terms, you must discontinue using the Services.

Contact and Electronic Communications

By accessing or using the Services, you consent to having these Terms provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you provide us with contact information in connection with a particular activity, such as an email address or telephone number (“Contact Information”), you agree that this establishes a business relationship with us and that we may communicate with you using the Contact Information you provided to us. You acknowledge the legal authority over any Contact Information. This means we may contact you in person or by recorded message, by email, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, in app message or any other means of communication that your wireless or other telecommunications device may be capable of receiving through the Contact Information you have provided to us. Standard message and data rates may apply.

Your Consent to Email Marketing

We will send you marketing communications in accordance with our Privacy Policy.

III. ELIGIBILITY

You must be an Industry Professional to participate in the Services. An “Industry Professional” is:

  • An actor, model, dancer, voice-over talent, musician, a musical or performance group or other artist (“Talent”);
  • A casting director;
  • A production company;
  • A filmmaker;
  • Other entertainment industry professional; or
  • A professional talent representative (e.g., talent agency or management company), or an employee or authorized representative thereof (“Talent Representative”).

Authorization to Act on Behalf of Talent

Each Talent Representative represents that it is legally authorized to represent its respective Talent in connection with the Services and utilize all aspects of the applicable Services on behalf of the Talent in accordance with these Terms, including where applicable, the completion of a Profile or Resume and the sharing of that information with third parties. A Talent Representative agrees to stop using the Services immediately when such authority from Talent is no longer in effect. We are not obligated, but we reserve the right at any time, to require evidence of a Talent Representative’s authority to enter into these Terms and act on behalf of Talent in connection with the Services. Each Talent Representative also represents and warrants that all personal information that he or she provides to us through the Site or otherwise is collected by such Talent Representative or on his or her behalf and disclosed to us in full compliance with the applicable Data Privacy Laws including, as required by such Data Privacy Laws, with the comprehensive consent from or comprehensive data processing information provided to the relevant individuals whose personal information is provide to us. Each Authorized Representative is solely responsible for their acts or omissions in connection with the Services, including any violation of these Terms and CN’s Privacy Policy. Each Authorized Representative indemnifies and holds harmless CN and its affiliates, employees, officers, directors, and representatives from any losses, costs, expenses, damages, fines and/or penalties including reasonable attorneys’ fees, arising out of or in connection with a breach of this representation.

Individual Responsibility

If you are an individual acting on behalf of a Talent Representative, corporate or other legal entity (which may have also agreed to these Terms or have a separate agreement with CN), you are individually bound by these Terms as an individual User.

Responsibility to Update Talent Representative Information

Talent or Talent’s Authorized Representative is responsible for promptly notifying CN when a Talent Representative has been terminated or changed. If Talent has no representation, CN will turn control of the Membership over to Talent or Talent’s Authorized Representative subject to their direct acceptance of these Terms. Any changes should be sent via a support request at https://support.castingnetworks.com/hc/en-us/requests/new.

Registration

During the Membership registration process, you will be prompted to provide personal information that allows us to know who you are, such as your full name, age, street address, email address and phone number, as well as additional optional information such as height, weight, appearing ethnicity, and pictures (collectively, “Registration Information”). By using the Services, you represent and warrant that all Registration Information you submit is truthful, accurate, current and complete and you will maintain the accuracy of such Registration Information by updating and revising it promptly.

Representation

If you are a Talent Representative providing Registration Information on behalf of Talent, you warrant and represent that you have full authority to provide us with the Registration Information and any other personally identifying information of such Talent. If you are an Authorized Representative of Talent under the age of majority, a valid parent/guardian authorization may be required by law. The Services are not directed to children under the age of 13, and they are not permitted to sign up for or use the Services..

Validation of Registration Information

You authorize CN to make any inquiries, either directly or through third parties, to validate your Registration Information. CN reserves all rights to take legal action against anyone who provides inaccurate, false or incomplete personal information or is otherwise untruthful about their identity, and to suspend or cancel a Membership established using such information. Notwithstanding the foregoing, you acknowledge that CN cannot guarantee the accuracy of any information submitted by any User of the Services, including any identity information about any User.

CN Privacy Policy

For detailed information on how we use and share Users’ personal information, please read our Privacy Policy.

IV. USER CODE OF CONDUCT

You agree to use the Services in a professional manner, provide complete and accurate Registration Information to us, and update it as necessary. You further agree to comply with all applicable laws, rules, and regulations.

You agree not to:

  • use the Services or any personal information of any User for purposes other than in connection with utilizing the Services;
  • collect, use, share or transfer any information available on the Services except as expressly permitted by these Terms, or by the owner of such information;
  • use the Service in connection with any commercial endeavors except those that are specifically endorsed or approved by us;
  • include information in a profile or resume (or elsewhere on the Services) that reveals sensitive personal information, such as government identifiers such as Social Security numbers or Tax ID numbers, except in the designated fields where collection is required by law;
  • use the Services or any information obtained through the Services to stalk, abuse or attempt to abuse, or otherwise harass another individual;
  • act dishonestly or unprofessionally, such as by posting inappropriate, inaccurate or objectionable content;
  • take any action or upload, post, email or otherwise transmit any content that would violate any right or duty under any applicable law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, including without limitation, promotional materials that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation of similar nature;
  • use manual or automated software, devices, scripts robots, or other means or processes to access, “scrape,” “crawl” or “spider” any content or other services contained in or through the Services;
  • utilize information, content or any data you view on and/or obtain from the Services to provide any service that is competitive with the Services, including the use of CN trademarks or copyrighted material or confusingly similar marks;
  • attempt to or actually transmit or post a link to another service within your profile or resume or anywhere else on the Services other than as expressly permitted;
  • engage in or plan to engage in any illegal activity;
  • post, disseminate or transmit statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
  • disclose information that that you do not have the right to disclose, such as confidential information;
  • use an image that is not your likeness or headshot on your profile or resume or otherwise misrepresent your identity, your affiliation with a person or entity, or the source of any communication;
  • create, disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property or property rights of any person;
  • export, re-export or permit the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities;
  • interfere with, disrupt or attempt to gain unauthorized access to other accounts on the Services or any other computer network;
  • disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
  • damage, disable, overburden, or impair any CN server, or the network(s) connected to any CN server, or interfere with any other party’s use and enjoyment of any of the Services;
  • gain unauthorized access to any Services, accounts, computer systems or networks connected to any CN server or to any of the Services through hacking, cracking, distribution of counterfeit software, password mining or any other means;
  • reverse engineer, decompile or disassemble any software accessed through the Services;
  • transmit, post, or e-mail any misleading or false professional opportunities in your profile, resume or elsewhere on the Services;
  • engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  • access the Services except through the interfaces expressly provided by CN;
  • override any security feature of the Services; or
  • engage in any other activity deemed by CN in its sole discretion to be in competition with or in conflict with the spirit or intent of Services and the requirements of these Terms.

V. USER RIGHTS AND OBLIGATIONS

Preventing and Reporting Abuse

You agree that CN may take whatever steps it deems necessary to stop or prevent behavior of any kind on the Services that violate this Agreement in its sole discretion, without notice. For example, CN has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any User who publishes or distributes child pornography. You can report any violations of the User Code of Conduct or other abuse of the Services by emailing reportabuse@castingnetworks.com.

Termination or Cancellation by CN

CN may restrict, suspend or terminate the Membership of any User who violates these Terms or otherwise abuses or misuses the Services without warning. Such restriction, suspension, or termination, shall be effective immediately or as specified in any notice. In the event that CN restricts, suspends or terminates your Membership, no refund or credit of any Membership or other fees or exchange of the Services will be offered, except in our sole discretion. If a User whose account has been restricted, suspended or terminated has re-registered or attempts to have re-registered with CN (including under a new name) that User may be permanently barred from the Services without recourse. CN has adopted a policy of terminating accounts of Users (or blocking any associated IP address) and permanently barring without recourse any User who, in CN’s sole discretion, falsely represents that it is an Authorized Representative, Talent Representative, casting director or other Industry Professional, or any User who provides information that is false or misleading. CN may also cancel your account (Membership or any other type of account) at any time for any of the Services for any reason. If CN cancels your month-to-month membership, prepaid membership or other paid account, you will receive a refund for any months that are not completely used. The amount of such a refund will be calculated by multiplying the monthly rate by the number of months remaining on the account. If CN cancels during a month that has been partially used, it will nonetheless refund the full amount you paid for that month.

Membership Security and Unauthorized Use

You are fully responsible for all activities conducted through your Membership (including complying with these Terms). During the registration process you will also be asked to choose a password. You are entirely responsible for maintaining the security of your password. You must try to choose a strong and secure password and keep your password confidential. You may not use another Member’s account or password at any time, let an unauthorized third party access your account or use your Membership, or disclose your password information to any unauthorized third party. You agree to notify us immediately if you suspect any unauthorized use of your Membership or access to your account or password. You will be liable for our losses or the losses of others as a result of such unauthorized use until such time as you terminate your Membership or prove that your account security was compromised due to no fault of your own.

Fees and Billing Information

We offer a number of plans. Each has its own features and pricing and as a User you may select a plan that you qualify for that best suits your needs. Payment for subscriptions will be made in accordance with the selected plan. Prices and features for plans are subject to change in accordance with these Terms. Notice of any price changes will be provided to Users in advance, and you will have the option to change or cancel your subscription if you do not agree with the new pricing in accordance with these Terms once the existing term is complete.

Certain changes to a plan, such as moving to a higher-priced plan, will result in an immediate adjustment to the fee on the date access to the new plan and its features commences. If you are moving to a lower-priced plan, the change will take effect at the end of the current term. We may, from time to time, adjust or reduce the allocation of features and capabilities among different plans. We will make reasonable efforts to provide advance notice to affected Users of any material changes. If you purchase any of our paid Services, on either a one-time monthly basis or recurring monthly billing subscription basis, you agree that CN (and its authorized service providers) may store your payment card information. CN will bill you the appropriate fee, applicable taxes and any other disclosed charges for the Services (“Fees”) using the billing information provided by you (“Billing Information”). You agree to pay CN all Fees at the prices then in effect for your use of the Services using your Billing Information, and you authorize CN to charge your Payment Provider (“Payment Method”) for the Fees associated with the Services selected. All subscriptions longer than one month will automatically renew at our monthly subscription rate and are billed on a monthly basis and are subject to our Subscription Terms, below and presented as agreed at the time of signup. The terms of your Payment Method may be determined by agreements between you and the financial institution, debit/credit card issuer or other provider of your chosen Payment Method (the “Payment Provider”), which may include additional fees, including foreign transaction fees. If CN does not receive payment from your Payment Provider, you agree to pay all amounts due on your account upon demand. In the event we have to collect unpaid Fees owed, you will be liable for any collection costs and fees (including reasonable attorneys’ fees). Note that for Services purchased by another party for your account (e.g., by your Talent Representative), the party paying for the Services is responsible for making prompt payment and failure to do so may result in termination of your Membership. All Fees are in US Dollars, unless otherwise indicated, and do not include Internet service provider, telephone, or other connection charges, if any, that are billed by third parties. Depending upon your credit card’s currency and the country in which your card was issued, your credit card provider may impose foreign exchange fees and other fees in accordance with your arrangements with that credit card provider.

If you choose a Membership, the Membership will continue on a continuous basis until canceled, as described below. You agree that CN is authorized to bill you each month using the Payment Method provided.

Memberships & Cancellation by You

YOU HAVE THE RIGHT TO CANCEL YOUR MONTH-TO-MONTH OR PREPAID MEMBERSHIP OR ANY OTHER ACCOUNT AND OBTAIN A FULL REFUND FOR ANY AMOUNT PAID WITHIN 10 BUSINESS DAYS OF INITIAL PURCHASE.

After the 10-day cancellation period, you may also cancel your account at any time for any of the Services. If you cancel a month-to-month, pre-paid semi-annual or annual subscription, you will avoid future charges but partial months are not refunded. For more information on your Membership and to cancel your Membership or other account at any point during your subscription term or otherwise, you can contact us at https://support.castingnetworks.com/hc/en-us/requests/new. We will cancel your account as soon as possible after resolving any outstanding account issues and in accordance with applicable law.

Remove Your Account And Associated Data And Content

If you want to remove your account, please see our Help Center at https://support.castingnetworks.com/hc/en-us/requests/new. Once you have requested to remove your account, and/or data or content within your account, the removal process will automatically begin. Once any data is deleted, data will be deleted from backups and recovery systems as quickly as is technically possible. Your data and content will not be deleted in the following circumstances:

  • Where your data or content has been shared with others in accordance with these Terms of Use (see section ‘Ownership and License of User Content’);
  • Where there are technical limitations in completing the deletion, in which case, data will be removed as quick as is technically feasible;
  • Where deletion may hinder our ability to meet the following. In such cases data and content will be retained for the length of time in order to meet the purposes for which it was retained:
    • investigate violations of these Terms of Use and/or to identify illegal activity;
    • ensure the safety of users and the security of the systems and services;
    • meet or comply with a legal obligation or formal request from a government agency, law enforcement organization or government agency.

Users must request or complete downloads of data or content before requesting or completing removal or deletion.

Interruption of Services

CN may at any time for any or no reason interrupt availability of some or all aspects of the Services, or modify, replace, refuse access to, or discontinue any Services, or change or modify our Fees in our sole discretion. Any changes to the Services or Fees are effective when posted on the Services or when communicated to you directly. CN is not liable for any interruption of Services, or delay or failure to perform, and you understand that in such cases you shall not be entitled to any refunds of Fees.

Content in Your Account

We may remove and or discard any content available as part of your Membership account, including your profile or resume, with or without notice, for any reason. CN has no obligation to store, maintain or provide you with a copy of any content that you or other Users provide when using the Services.

Media Storage

Media is defined as photographs, audio, or videos or other types of files, which as a User you add to your Profile, respond with to Media Requests or uploaded to Submissions. Media storage limits may be applied to plans. Storage capacity is calculated using the original file-size and is tied to an individual artist. Media must meet minimum quality criteria. The amount of media you can upload within your plan will depend on various factors including file type, size, resolution, and quality. Services may be unavailable to a User if a User has reached or exceeded the media storage limit. Time limits may be applied to media removal and archival activity within an account. We reserve the right to adjust media storage limits for plans at our discretion. Users will be provided with reasonable notice of any material changes to media storage limits. Media storage services may be withdrawn upon expiry of a subscription. We cannot be held responsible for loss or corruption of data, including accidental or intentional deletion by any party.

Non-Commercial Use

The Services are for the personal use of Users and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Please see Section IV. “User Code of Conduct” for details on the permitted and prohibited uses of the Services. Illegal and/or unauthorized use of the Services, including collecting names and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or commercial solicitations, or unauthorized framing of or linking to the Services is prohibited. Commercial advertisements, affiliate and third party links, and other forms of solicitations may be removed from Member profiles or resumes without notice and may result in termination of Membership, at our sole discretion. Appropriate legal action may be taken for any illegal or unauthorized use of the Services.

Links to Third Party Services

The Services may include links to third party apps, websites or other services (“Third Party Sites”). You are responsible for deciding whether you want to access or use a Third Party Site. CN is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. Third Party Sites have their own legal terms of use and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, we are not responsible for Third Party Sites – use or access them at your own risk.

VI. INTELLECTUAL PROPERTY RIGHTS

Access to Content on the Services

You acknowledge that: (i) by using the Services you may have access to pictures, digital images, graphics, music, video, audio, text, computer code and other creative output (collectively, “Content”); and (ii) this Content includes Content owned or licensed by CN (“CN Content”), or owned or licensed by Users (“User Content”). You acknowledge that CN, CN licensors, and Users have rights in their respective Content under copyright and other applicable laws and treaty provisions. You accept full responsibility and liability for your use of any Content in violation of any such rights.

User Content

CN may choose, but has no obligation, to pre-screen or monitor the Services for inappropriate User Content or conduct at any time, and it may delete any User Content that violates these Terms, as determined by CN in its sole discretion. However, if CN chooses to pre-screen or monitor User Content, CN nonetheless assumes no responsibility for such User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.

View Content at Your Risk

You understand that when using the Services, you will be exposed to Content from a variety of sources, and that CN is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, objectionable, or that contains errors or omissions.

Ownership of User Content Posted by Other Users of our Services

All User Content, including all project information posted on the Services by any user, including by casting directors, is either owned or licensed by the user that posted it. Therefore, other users of our Services may not distribute, modify, transmit, reuse, download, repost, copy, or use the User Content of others, including project information, for any reason without express prior written permission from the user that posted it. A violation of this Section is cause for immediate and permanent termination of your right to use our Services.

Our Ownership Rights

All right, title and interest in and to the Services is the exclusive property of CN and its licensors. We hereby grant you a limited, revocable, non-sublicensable license to reproduce and display the CN Content (excluding any software code) solely for your personal use and to the extent necessary to access or use the Services. CN reserves all rights not expressly granted in and to the CN Content and the Services.

Software Use Restrictions

You acknowledge that any software and related documentation that may be available to download from the Services (the “Software”) is a copyrighted work owned or licensed by CN and that you do not acquire any ownership rights by downloading the Software. You agree that your use of the Software is governed by these Terms and is also governed by the terms of the license agreement, if any, that accompanies or is included with the Software (the “License Agreement”). Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT IN NEW JERSEY AND AS SET FORTH IN THE LICENSE AGREEMENT, THE SOFTWARE IS PROVIDED TO YOU ON AN “AS-IS” AND “WHERE-IS” BASIS, AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED.

Feedback

All comments, feedback or materials submitted by you to us, including feedback, testimonials, images, reviews, questions, comments, suggestions or ideas (collectively, “Feedback”), are received and treated by us on a non-confidential and unrestricted basis. CN has a limited, non-exclusive license to use, display, perform, distribute, copy, adapt, and promote the Feedback in any way, without any additional compensation to you. You agree that in submitting Feedback, it will not violate any right of any third party, including any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain viruses, commercial solicitations, or any form of “spam”.

Ownership and License of User Content

You retain copyright and other intellectual property rights you have under law with respect to the User Content that you submit or transmit to or display on or through the Services. However, by posting your User Content on the Services, you grant to CN and its affiliated companies, and their sub-licensees (or other suppliers) of the Services permission to use, transmit, reproduce, publish, publicly display, publicly perform, reformat, edit, delete, learn from, transcribe, analyze or translate your User Content in connection with current or future Services (“License”). No compensation is payable to you with respect to the use of your User Content, as provided herein. You may edit some of your User Content by using the tools on the Services; however, if you have shared User Content with others through the Services, CN has no control over any third parties use of that Content. Further, you acknowledge that removed User Content may persist in the systems of those who have had previous access to User Content through our Services, and in backup copies for recordkeeping and internal purposes, including enforcing these Terms. Please see the terms of our Privacy Policy for further information on how we use, share and store the personal information you provide to us and your choices. You represent that you have all rights necessary to grant us the License set forth in this section, that your User Content is accurate and not confidential, and the submission, transmission, posting and use of your User Content on the Services is not in violation of any applicable laws or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights of persons or property appearing therein). You are solely responsible for your User Content or any other User Content you access through the Services.

Digital Millennium Copyright Act

CN has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512, (the “DMCA”) and avails itself of the protections under the DMCA. Further, we reserve the right to remove any User Content on the Services which allegedly infringes another person’s copyright and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringes another person’s copyright. It is our policy to terminate the access of repeat infringers. However, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party’s copyright to remain on the CN Services.

Filing a Complaint

If you believe any material on the Services infringes a copyright, you should provide us with a request to takedown the allegedly infringing material in the form of a written letter, sent by regular mail only, (“DMCA Takedown Notice”) that at a minimum includes:

  • Identification of the material that is claimed to be infringing or to be the subject of 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;
  • Your name, address, telephone number and email address (if available);
  • A statement that the complaining party 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;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  • The signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notwithstanding the foregoing, we reserve the right to ignore a DMCA Takedown Notice that is not in compliance with the DMCA.

Filing a Counter-Notice

If your material has been removed or blocked by us as a result of our receipt of a DMCA Takedown Notice, you may send us a request asking for the allegedly infringing material to be restored in the form of a written letter, sent by regular mail only, (“DMCA Counter-Notice”) that at a minimum includes:

  • Identification of the copyrighted work or works that were removed by CN and the location at which the works appeared before they were removed, with information reasonably sufficient to permit us to identify the copyrighted work;
  • Your name, address, telephone number and email address (if available);
  • A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located, or California if your address is outside of the United States;
  • A statement that you will accept service of process from the person (or an agent of such person) who provided the DMCA Takedown Notice to us;
  • A statement that you have a good faith belief that the allegedly infringing material identified above as the copyrighted work was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • A signature of a person authorized to act on behalf of the owner of the copyrighted work that was taken down.

Both the DMCA Takedown Notice and the DMCA Counter-Notice must be sent to our designated DMCA agent via email at dmca-takedown@castingnetworks.com or by postal mail as follows:

RAFI GORDON
CASTING NETWORKS, LLC
3250 WILSHIRE BLVD STE 1800
LOS ANGELES, CA 90010
USA

Emails or letters sent to these contact addresses that do not relate to the DMCA will be ignored.

VII. INTERACTING WITH OTHER USERS

Service Provider

CN is a service provider so we don’t control each and every aspect of the Services. For example, we do not regularly monitor Users’ interactions with the Services or communications with each other on the Services. However, CN may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. CN reserves the right to terminate your Membership if we determine, in our sole discretion, that doing so is necessary to enforce these Terms or to protect its business reputation or Users.

Communications with Users

You are solely responsible for your interactions with other Users.

Release

As a condition of access to and use of the Services, you release CN, including its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of the Services, including any claim against any individual or entity who creates an unauthorized account for you on your behalf.

User Disputes

You understand and agree that: (i) CN will have the right but not the obligation to assist Users in resolving disputes among Users relating to Users’ use of the Services; (ii) CN’s resolution of any particular dispute does not create an obligation to resolve any other dispute; (iii) to the extent CN assists in resolving such disputes, it will do so in good faith based solely on the general rules and standards of the Services; (iv) CN’s resolution of such disputes will be final with respect to the respective Users’ use of the Services; and (v) you release CN from claims, demands and damages of every kind and nature in any way connected with CN’s resolution of User disputes relating to the Services.

VIII. DISCLAIMERS OF WARRANTY AND LIABILITY

The Services are provided “As Is”

CN provides the Services strictly on an “AS IS” basis and does not guarantee that the Services will function without interruption or errors in functioning, or be virus-free. The operation of the Services may be interrupted due to maintenance, updates, or system or network failures. CN disclaims all liability for damages caused by any interruption, malfunction, impossibility of access, or poor use conditions of the Services for any reason. Use of the Services is at your own risk, to the fullest extent permissible under applicable law and except in New Jersey. CN EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

CN makes no warranty as to the quality, accuracy, completeness or validity of any information or Content you access or receive in connection with the Services, or that your use of the Services will meet your requirements. If you are dissatisfied or harmed by the Services, you may terminate your account in accordance with these Terms and such termination shall be your sole and exclusive remedy. CN is not responsible for, and makes no representations or warranties for the delivery of any messages sent through the Services to anyone. In addition, we neither warrant nor represent that your use of the Services will not infringe the rights of third parties. Any material, service, or technology described or used on the Services may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us. CN does not have any obligation to verify the identity of the persons accessing the Services or subscribing to the Services. CN disclaims all liability for identity theft or any other access to or misuse of your identity or information.

No Liability for Accumulated Content

When using the Services, you may accumulate Content that resides as data on CN’s servers. This data, and any other data, Membership account information or history, User personal information or names residing on CN servers may be deleted, altered, moved or transferred at any time for any reason in CN’s sole discretion. You acknowledge that, notwithstanding any copyright or other rights you may have with respect to User Content you upload, transmit, display and/or create using the Services, and notwithstanding any value attributed to such Content, you understand and agree that CN has the right, but not the obligation, to remove any Content (including your User Content) at any time, for any reason or no reason, with or without notice, and with no liability of any kind. CN EXPRESSLY DISCLAIMS ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON CN’S SERVERS.

Limitation of liability

IN NO EVENT IS CN OR ITS RESPECTIVE SUPPLIERS, LICENSORS OR DISTRIBUTORS IN HOSTING, OPERATING OR DELIVERING THE SERVICES LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST PROFITS, EXCLUDING CLAIMS BASED ON GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICES (INCLUDING ITS MODIFICATION OR TERMINATION), YOUR MEMBERSHIP (INCLUDING THEIR TERMINATION OR SUSPENSION) OR THESE TERMS, WHETHER OR NOT CN MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

IN ADDITION, EXCLUDING CLAIMS BASED ON GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, YOU AGREE THAT IN NO EVENT WILL CN’S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED THE LESSOR OF THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR THE SERVICE, IF ANY, OR U.S. FIFTY DOLLARS ($50.00). SOME STATES INCLUDING NEW JERSEY OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. If you are a California resident, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

Indemnification

You agree to defend, indemnify and hold harmless CN and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors from and against all damages, losses, liabilities, claims, and costs (including, but not limited to, reasonable attorneys’ fees and costs including costs to respond to regulatory inquiries, actions or subpoenas) related to all third party claims, charges, and investigations, arising from, relating to, or caused by (a) your use of the Services, (b) your failure to comply with these Terms, including, without limitation, your submission or use of Content in violation of third party rights or applicable laws, rules or regulations or (c) your Membership.

IX. DISPUTE RESOLUTION

Governing Law

These Terms shall be governed, construed, and enforced in accordance with the laws of the state where the Talent resides, as determined by the address on file with CN, without regard to its conflict of laws rules except that the arbitration provision shall be governed by the Federal Arbitration Act as stated herein.

Notice of Claims

In the event a dispute arises between you and CN we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute through arbitration. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim (as defined below) and setting forth the specific relief sought. All Notices of Dispute with CN shall be sent to the following address: Casting Networks, LLC, Attn: Dispute Resolution, 3250 Wilshire Blvd Ste. 1800, Los Angeles, CA 90010 USA.

All notices to Users will be sent to the email or street address provided in the User’s account. Upon receipt of such Notice of Dispute, the other party shall have a 60-day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the Notice of Dispute, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such a 60-day cure period, you or CN may commence an arbitration proceeding in accordance with the following procedure. This notice requirement is a condition precedent to any arbitration proceeding, as described below.

Arbitration and Class Action Waiver

YOU AND CN AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, CONNECTED WITH OR RELATING TO THESE TERMS, ANY CONTRACT, TORT, MISREPRESENTATION, FRAUD OR OTHER LEGAL THEORY OR CAUSE OF ACTION, STATUTE, OR OTHERWISE RELATING TO THE SERVICES (“CLAIMS”) WHICH CANNOT BE SETTLED BY MUTUAL AGREEMENT OF THE PARTIES, SHALL BE RESOLVED BY ONE ARBITRATOR THROUGH BINDING ARBITRATION. HOWEVER, YOU OR CN MAY BRING ANY CLAIM IN SMALL CLAIMS COURT CONSISTENT WITH THE APPLICABLE JURISDICTIONAL LIMITS. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE BROADLY INTERPRETED. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, JUST AS A COURT WOULD, THE ARBITRATOR MUST HONOR THESE TERMS. THE ARBITRATOR’S DECISION AND AWARD IS FINAL AND BINDING, WITH SOME EXCEPTIONS UNDER THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1, ET SEQ., AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION. BY AGREEING TO THESE TERMS, YOU AND CN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. Any Claim must be brought in the parties’ individual capacity in arbitration, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. YOU AND CN UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, BY AGREEING TO THESE TERMS AND USING THE SERVICES YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY THROUGH ARBITRATION. IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH ABOVE CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY. If for any reason a claim proceeds in court rather than through arbitration, you and CN agree that there will not be a jury trial. You and CN unconditionally waive any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Terms in any way. In the event of litigation, this paragraph may be filed to show a written consent to a trial by the court.

JAMS

Unless otherwise agreed to by you and CN in writing or for individual claims brought by you or CN in small claims court, the arbitration will be governed and conducted by JAMS before a single arbitrator from JAMS, or another established alternative dispute resolution (“ADR”) provider, chosen by CN, who is licensed to practice law. The arbitration proceeding will be located in Los Angeles, California, and for any non-frivolous demand, CN will: (1) pay the costs of the arbitration up to $10,000; (2) if you prefer will conduct the arbitration by telephone, and (3) will not seek attorney’s fees in the event CN prevails. Each party shall pay the fees and costs of its own counsel, experts and witnesses (as applicable) and will be conducted in accordance with JAMS rules. The JAMS rules, including the selection of an arbitrator, filing, administration, discovery and arbitrator fees will be conducted under the JAMS Comprehensive Arbitration Rules & Procedures, except as modified by these Terms or otherwise agreed to by you and CN in writing. The JAMS rules are available on its website at www.jamsadr.com. To the extent that this Dispute Resolution section conflicts with JAMS’s minimum standards for procedural fairness, the JAMS’ rules and/or minimum standards for arbitration procedures in that regard shall control. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or for the arbitrator’s award; and any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, or enforceability of these Terms including any claim that all or any part of these Terms are void or voidable. However, the preceding sentence shall not apply to the clause in this Dispute Resolution provision regarding the Class Action waiver.

Exception

Any claim or action for (i) indemnification, (ii) any violation of CN intellectual property rights, (iii) contribution, (iv) interpleader, or (v) injunctive relief arising out of a Claim shall not be subject to arbitration.

Survival

This arbitration provision shall survive termination of these Terms, including the termination of any relationship between you and CN.

Severability

If any provision of this Section is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable except that should the provision on class action waiver for any Claim be found to be unenforceable by a court of law, then the provision to arbitrate will not apply.

X. GENERAL PROVISIONS

Export Control

The Services are controlled and operated by CN from its offices within the United States. CN makes no representation that any Content, Software or other products in the Services are appropriate or available for use in other locations, and access to such materials or use of the Services from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If you use the Services from other locations, you are responsible for compliance with applicable local laws including, but not limited to, the export and import regulations of other countries. Your use of the Services, including our Software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any Software or Service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving United States origin products, including Services or Software.

Notices

CN may give notice to you by means of a general notice on the Services, at or after log-in to your Membership account, by electronic mail to your e-mail address in our records for your Membership, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your Membership. All notices given by you, whether or not required under these Terms, shall be emailed to support@castingnetworks.com; or sent to us by postal mail or courier at:

CASTING NETWORKS LLC
ATTN DISPUTE RESOLUTION
3250 WILSHIRE BLVD STE 1800
LOS ANGELES, CA 90010
USA

Any notices that you provide without compliance with this section shall have no legal effect.

Waiver

The failure of CN to partially or fully exercise any rights under these Terms, or the waiver of CN of any breach of these Terms by you, shall not prevent a subsequent exercise of such rights by CN or be deemed a waiver by CN of any subsequent breach by you of the same or any other condition of these Terms. The rights and remedies of CN under these Terms, its policies, and any other applicable agreement between you and CN shall be cumulative, and the exercise of any such right or remedy shall not limit CN’s right to exercise any other right or remedy.

Severability

If any part of these Terms, other than the Class Action waiver as set forth above, is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect.

Headings

Headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms.

Third Party Beneficiaries

These Terms do not create third party beneficiary rights enforceable by third parties.

Entire Agreement

These Terms, and the policies incorporated herein, are the entire agreement between you and CN. They supersede any and all prior or contemporaneous agreements between you and CN relating to your use of the CN Services.

Copyright © 2023, Casting Networks, LLC. All rights reserved.

Effective Date: December 13, 2023

CASTING NETWORKS TERMS OF USE

Welcome to Casting Networks. These Terms of Use and any additional terms disclosed to you when you use our services (“Terms”) are a legally binding agreement between you and Casting Networks, LLC, its affiliates (collectively, “CN,” “we,” “our” or “us”) and its family of websites or other services that link to these Terms. THE TERMS INCLUDE A PROVISION REGARDING DISPUTE RESOLUTION, WHICH INCLUDES A REQUIREMENT FOR INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER.

I. ABOUT CASTING NETWORKS, LLC

Casting Networks, LLC provides a range of content, hosting, communication and networking services, including content, features, functionalities and other services to allow Talent (as defined below) to connect with talent agents, managers, casting directors, and other professionals rendering professional services in motion picture, theatrical, radio, television and other entertainment enterprises (collectively the “Services”) that may be offered on our websites, mobile websites, apps, or from other services, products, tools, offers or communications provided by CN.

CN is a Talent Listing Service.

CN IS NOT A TALENT AGENCY AND THIS IS NOT A TALENT AGENCY CONTRACT. ONLY A TALENT AGENT LICENSED PURSUANT TO SECTION 1700.5 OF THE LABOR CODE MAY ENGAGE IN THE OCCUPATION OF PROCURING, OFFERING, PROMISING, OR ATTEMPTING TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR AN ARTIST. CN IS PROHIBITED BY LAW FROM OFFERING OR ATTEMPTING TO OBTAIN AUDITIONS OR EMPLOYMENT FOR YOU. IT MAY ONLY PROVIDE YOU WITH LISTING INFORMATION. FOR MORE INFORMATION, CONSULT CHAPTER 4.5 (COMMENCING WITH SECTION 1701) OF PART 6 OF DIVISION 2 OF THE LABOR CODE. A DISPUTE ARISING OUT OF THE PERFORMANCE OF THE CONTRACT BY THE TALENT SERVICE THAT IS NOT RESOLVED TO THE SATISFACTION OF THE ARTIST/TALENT SHOULD BE REFERRED TO A LOCAL CONSUMER AFFAIRS DEPARTMENT OR LOCAL LAW ENFORCEMENT, AS APPROPRIATE.

Pursuant to California state law, CN has posted a $50,000 bond with the labor Commissioner issued by Vigilant Insurance Company, Bond No. 8304-18-32.

Registration of Minors

Minors are not eligible to create accounts, maintain profiles or utilize our Services. Only Talent Representatives or parents or legal guardians of Talent who are under the age of majority in the state or country in which they reside (“Minors”) may register for Membership, create and maintain profiles and resumes, and utilize the Services on behalf of Minors (collectively referred to as “Authorized Representatives”). Under applicable European Data Privacy Laws, children ages 13 to 16 may provide valid consent to process their personal information. Where consent is required under such European Data Privacy Laws, the Talent Representative has the obligation to provide to us evidence of such consent or, as required under the European Data Privacy Laws, the authorization of the holder of parental responsibility for the child. We may refuse to process, or to continue to process, the child’s personal information until we receive this evidence of consent or authorization.

II. ACCEPTANCE OF TERMS

Legally Binding Agreement

You agree that when registering with CN and clicking or tapping “I Accept” (or similar), or by accessing, viewing, downloading or otherwise using the Services, you are entering into a legally binding agreement with CN based on these Terms and our Privacy Policy, which is incorporated with these Terms. Additional Terms may be posted on some or all of the Services from time to time such as legal notices or rules for particular promotions, applications, downloads or other features or activities. If there is a conflict among Terms, you agree that CN will determine which Terms apply to which Services. These Terms set out your rights, obligations, and restrictions regarding your use of the Services. If you do not agree to any of the terms of the Privacy Policy or these Terms, you must discontinue accessing and/or using the Services. A “Visitor” is someone who accesses and browses the Services but does not register for an account. A “Member” is someone who has created an account on the Services and has received confirmation from CN that registration has been completed and membership has been established (“Membership”). CN may decline Membership registrations for any reason. Visitors and Members are referred to collectively as “Users.”

Updates to Terms

The Terms may change at any time. CN will post the most current version on the homepage of our website (https://www.castingnetworks.com/) or via a link on the applicable Service with a new Effective Date. Changes are effective from the Effective Date. Your continued access or use of the Services after we post changes to the Terms signifies your agreement to those changes. If you do not agree to the current Terms, you must discontinue using the Services.

Contact and Electronic Communications

By accessing or using the Services, you consent to having these Terms provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you provide us with contact information in connection with a particular activity, such as an email address or telephone number (“Contact Information”), you agree that this establishes a business relationship with us and that we may communicate with you using the Contact Information you provided to us. You acknowledge the legal authority over any Contact Information. This means we may contact you in person or by recorded message, by email, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, in app message or any other means of communication that your wireless or other telecommunications device may be capable of receiving through the Contact Information you have provided to us. Standard message and data rates may apply.

Your Consent to Email Marketing

We will send you marketing communications in accordance with our Privacy Policy.

III. ELIGIBILITY

You must be an Industry Professional to participate in the Services. An “Industry Professional” is:

  • An actor, model, dancer, voice-over talent, musician, a musical or performance group or other artist (“Talent”);
  • A casting director;
  • A production company;
  • A filmmaker;
  • Other entertainment industry professional; or
  • A professional talent representative (e.g., talent agency or management company), or an employee or authorized representative thereof (“Talent Representative”).

Authorization to Act on Behalf of Talent

Each Talent Representative represents that it is legally authorized to represent its respective Talent in connection with the Services and utilize all aspects of the applicable Services on behalf of the Talent in accordance with these Terms, including where applicable, the completion of a Profile or Resume and the sharing of that information with third parties. A Talent Representative agrees to stop using the Services immediately when such authority from Talent is no longer in effect. We are not obligated, but we reserve the right at any time, to require evidence of a Talent Representative’s authority to enter into these Terms and act on behalf of Talent in connection with the Services. Each Talent Representative also represents and warrants that all personal information that he or she provides to us through the Site or otherwise is collected by such Talent Representative or on his or her behalf and disclosed to us in full compliance with the applicable Data Privacy Laws including, as required by such Data Privacy Laws, with the comprehensive consent from or comprehensive data processing information provided to the relevant individuals whose personal information is provide to us. Each Authorized Representative is solely responsible for their acts or omissions in connection with the Services, including any violation of these Terms and CN’s Privacy Policy. Each Authorized Representative indemnifies and holds harmless CN and its affiliates, employees, officers, directors, and representatives from any losses, costs, expenses, damages, fines and/or penalties including reasonable attorneys’ fees, arising out of or in connection with a breach of this representation.

Individual Responsibility

If you are an individual acting on behalf of a Talent Representative, corporate or other legal entity (which may have also agreed to these Terms or have a separate agreement with CN), you are individually bound by these Terms as an individual User.

Responsibility to Update Talent Representative Information

Talent or Talent’s Authorized Representative is responsible for promptly notifying CN when a Talent Representative has been terminated or changed. If Talent has no representation, CN will turn control of the Membership over to Talent or Talent’s Authorized Representative subject to their direct acceptance of these Terms. Any changes should be sent via a support request at https://support.castingnetworks.com/hc/en-us/requests/new.

Registration

During the Membership registration process, you will be prompted to provide personal information that allows us to know who you are, such as your full name, age, street address, email address and phone number, as well as additional optional information such as height, weight, appearing ethnicity, and pictures (collectively, “Registration Information”). By using the Services, you represent and warrant that all Registration Information you submit is truthful, accurate, current and complete and you will maintain the accuracy of such Registration Information by updating and revising it promptly.

Representation

If you are a Talent Representative providing Registration Information on behalf of Talent, you warrant and represent that you have full authority to provide us with the Registration Information and any other personally identifying information of such Talent. If you are an Authorized Representative of Talent under the age of majority, a valid parent/guardian authorization may be required by law. The Services are not directed to children under the age of 13, and they are not permitted to sign up for or use the Services..

Validation of Registration Information

You authorize CN to make any inquiries, either directly or through third parties, to validate your Registration Information. CN reserves all rights to take legal action against anyone who provides inaccurate, false or incomplete personal information or is otherwise untruthful about their identity, and to suspend or cancel a Membership established using such information. Notwithstanding the foregoing, you acknowledge that CN cannot guarantee the accuracy of any information submitted by any User of the Services, including any identity information about any User.

CN Privacy Policy

For detailed information on how we use and share Users’ personal information, please read our Privacy Policy.

IV. USER CODE OF CONDUCT

You agree to use the Services in a professional manner, provide complete and accurate Registration Information to us, and update it as necessary. You further agree to comply with all applicable laws, rules, and regulations.

You agree not to:

  • use the Services or any personal information of any User for purposes other than in connection with utilizing the Services;
  • collect, use, share or transfer any information available on the Services except as expressly permitted by these Terms, or by the owner of such information;
  • use the Service in connection with any commercial endeavors except those that are specifically endorsed or approved by us;
  • include information in a profile or resume (or elsewhere on the Services) that reveals sensitive personal information, such as government identifiers such as Social Security numbers or Tax ID numbers, except in the designated fields where collection is required by law;
  • use the Services or any information obtained through the Services to stalk, abuse or attempt to abuse, or otherwise harass another individual;
  • act dishonestly or unprofessionally, such as by posting inappropriate, inaccurate or objectionable content;
  • take any action or upload, post, email or otherwise transmit any content that would violate any right or duty under any applicable law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, including without limitation, promotional materials that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation of similar nature;
  • use manual or automated software, devices, scripts robots, or other means or processes to access, “scrape,” “crawl” or “spider” any content or other services contained in or through the Services;
  • utilize information, content or any data you view on and/or obtain from the Services to provide any service that is competitive with the Services, including the use of CN trademarks or copyrighted material or confusingly similar marks;
  • attempt to or actually transmit or post a link to another service within your profile or resume or anywhere else on the Services other than as expressly permitted;
  • engage in or plan to engage in any illegal activity;
  • post, disseminate or transmit statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
  • disclose information that that you do not have the right to disclose, such as confidential information;
  • use an image that is not your likeness or headshot on your profile or resume or otherwise misrepresent your identity, your affiliation with a person or entity, or the source of any communication;
  • create, disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property or property rights of any person;
  • export, re-export or permit the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities;
  • interfere with, disrupt or attempt to gain unauthorized access to other accounts on the Services or any other computer network;
  • disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
  • damage, disable, overburden, or impair any CN server, or the network(s) connected to any CN server, or interfere with any other party’s use and enjoyment of any of the Services;
  • gain unauthorized access to any Services, accounts, computer systems or networks connected to any CN server or to any of the Services through hacking, cracking, distribution of counterfeit software, password mining or any other means;
  • reverse engineer, decompile or disassemble any software accessed through the Services;
  • transmit, post, or e-mail any misleading or false professional opportunities in your profile, resume or elsewhere on the Services;
  • engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  • access the Services except through the interfaces expressly provided by CN;
  • override any security feature of the Services; or
  • engage in any other activity deemed by CN in its sole discretion to be in competition with or in conflict with the spirit or intent of Services and the requirements of these Terms.

V. USER RIGHTS AND OBLIGATIONS

Preventing and Reporting Abuse

You agree that CN may take whatever steps it deems necessary to stop or prevent behavior of any kind on the Services that violate this Agreement in its sole discretion, without notice. For example, CN has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any User who publishes or distributes child pornography. You can report any violations of the User Code of Conduct or other abuse of the Services by emailing reportabuse@castingnetworks.com.

Termination or Cancellation by CN

CN may restrict, suspend or terminate the Membership of any User who violates these Terms or otherwise abuses or misuses the Services without warning. Such restriction, suspension, or termination, shall be effective immediately or as specified in any notice. In the event that CN restricts, suspends or terminates your Membership, no refund or credit of any Membership or other fees or exchange of the Services will be offered, except in our sole discretion. If a User whose account has been restricted, suspended or terminated has re-registered or attempts to have re-registered with CN (including under a new name) that User may be permanently barred from the Services without recourse. CN has adopted a policy of terminating accounts of Users (or blocking any associated IP address) and permanently barring without recourse any User who, in CN’s sole discretion, falsely represents that it is an Authorized Representative, Talent Representative, casting director or other Industry Professional, or any User who provides information that is false or misleading. CN may also cancel your account (Membership or any other type of account) at any time for any of the Services for any reason. If CN cancels your month-to-month membership, prepaid membership or other paid account, you will receive a refund for any months that are not completely used. The amount of such a refund will be calculated by multiplying the monthly rate by the number of months remaining on the account. If CN cancels during a month that has been partially used, it will nonetheless refund the full amount you paid for that month.

Membership Security and Unauthorized Use

You are fully responsible for all activities conducted through your Membership (including complying with these Terms). During the registration process you will also be asked to choose a password. You are entirely responsible for maintaining the security of your password. You must try to choose a strong and secure password and keep your password confidential. You may not use another Member’s account or password at any time, let an unauthorized third party access your account or use your Membership, or disclose your password information to any unauthorized third party. You agree to notify us immediately if you suspect any unauthorized use of your Membership or access to your account or password. You will be liable for our losses or the losses of others as a result of such unauthorized use until such time as you terminate your Membership or prove that your account security was compromised due to no fault of your own.

Fees and Billing Information

We offer a number of plans. Each has its own features and pricing and as a User you may select a plan that you qualify for that best suits your needs. Payment for subscriptions will be made in accordance with the selected plan. Prices and features for plans are subject to change in accordance with these Terms. Notice of any price changes will be provided to Users in advance, and you will have the option to change or cancel your subscription if you do not agree with the new pricing in accordance with these Terms once the existing term is complete.

Certain changes to a plan, such as moving to a higher-priced plan, will result in an immediate adjustment to the fee on the date access to the new plan and its features commences. If you are moving to a lower-priced plan, the change will take effect at the end of the current term. We may, from time to time, adjust or reduce the allocation of features and capabilities among different plans. We will make reasonable efforts to provide advance notice to affected Users of any material changes. If you purchase any of our paid Services, on either a one-time monthly basis or recurring monthly billing subscription basis, you agree that CN (and its authorized service providers) may store your payment card information. CN will bill you the appropriate fee, applicable taxes and any other disclosed charges for the Services (“Fees”) using the billing information provided by you (“Billing Information”). You agree to pay CN all Fees at the prices then in effect for your use of the Services using your Billing Information, and you authorize CN to charge your Payment Provider (“Payment Method”) for the Fees associated with the Services selected. All subscriptions longer than one month will automatically renew at our monthly subscription rate and are billed on a monthly basis and are subject to our Subscription Terms, below and presented as agreed at the time of signup. The terms of your Payment Method may be determined by agreements between you and the financial institution, debit/credit card issuer or other provider of your chosen Payment Method (the “Payment Provider”), which may include additional fees, including foreign transaction fees. If CN does not receive payment from your Payment Provider, you agree to pay all amounts due on your account upon demand. In the event we have to collect unpaid Fees owed, you will be liable for any collection costs and fees (including reasonable attorneys’ fees). Note that for Services purchased by another party for your account (e.g., by your Talent Representative), the party paying for the Services is responsible for making prompt payment and failure to do so may result in termination of your Membership. All Fees are in US Dollars, unless otherwise indicated, and do not include Internet service provider, telephone, or other connection charges, if any, that are billed by third parties. Depending upon your credit card’s currency and the country in which your card was issued, your credit card provider may impose foreign exchange fees and other fees in accordance with your arrangements with that credit card provider.

If you choose a Membership, the Membership will continue on a continuous basis until canceled, as described below. You agree that CN is authorized to bill you each month using the Payment Method provided.

Memberships & Cancellation by You

YOU HAVE THE RIGHT TO CANCEL YOUR MONTH-TO-MONTH OR PREPAID MEMBERSHIP OR ANY OTHER ACCOUNT AND OBTAIN A FULL REFUND FOR ANY AMOUNT PAID WITHIN 10 BUSINESS DAYS OF INITIAL PURCHASE.

After the 10-day cancellation period, you may also cancel your account at any time for any of the Services. If you cancel a month-to-month, pre-paid semi-annual or annual subscription, you will avoid future charges but partial months are not refunded. For more information on your Membership and to cancel your Membership or other account at any point during your subscription term or otherwise, you can contact us at https://support.castingnetworks.com/hc/en-us/requests/new. We will cancel your account as soon as possible after resolving any outstanding account issues and in accordance with applicable law.

Remove Your Account And Associated Data And Content

If you want to remove your account, please see our Help Center at https://support.castingnetworks.com/hc/en-us/requests/new. Once you have requested to remove your account, and/or data or content within your account, the removal process will automatically begin. Once any data is deleted, data will be deleted from backups and recovery systems as quickly as is technically possible. Your data and content will not be deleted in the following circumstances:

  • Where your data or content has been shared with others in accordance with these Terms of Use (see section ‘Ownership and License of User Content’);
  • Where there are technical limitations in completing the deletion, in which case, data will be removed as quick as is technically feasible;
  • Where deletion may hinder our ability to meet the following. In such cases data and content will be retained for the length of time in order to meet the purposes for which it was retained:
    • investigate violations of these Terms of Use and/or to identify illegal activity;
    • ensure the safety of users and the security of the systems and services;
    • meet or comply with a legal obligation or formal request from a government agency, law enforcement organization or government agency.

Users must request or complete downloads of data or content before requesting or completing removal or deletion.

Interruption of Services

CN may at any time for any or no reason interrupt availability of some or all aspects of the Services, or modify, replace, refuse access to, or discontinue any Services, or change or modify our Fees in our sole discretion. Any changes to the Services or Fees are effective when posted on the Services or when communicated to you directly. CN is not liable for any interruption of Services, or delay or failure to perform, and you understand that in such cases you shall not be entitled to any refunds of Fees.

Content in Your Account

We may remove and or discard any content available as part of your Membership account, including your profile or resume, with or without notice, for any reason. CN has no obligation to store, maintain or provide you with a copy of any content that you or other Users provide when using the Services.

Media Storage

Media is defined as photographs, audio, or videos or other types of files, which as a User you add to your Profile, respond with to Media Requests or uploaded to Submissions. Media storage limits may be applied to plans. Storage capacity is calculated using the original file-size and is tied to an individual artist. Media must meet minimum quality criteria. The amount of media you can upload within your plan will depend on various factors including file type, size, resolution, and quality. Services may be unavailable to a User if a User has reached or exceeded the media storage limit. Time limits may be applied to media removal and archival activity within an account. We reserve the right to adjust media storage limits for plans at our discretion. Users will be provided with reasonable notice of any material changes to media storage limits. Media storage services may be withdrawn upon expiry of a subscription. We cannot be held responsible for loss or corruption of data, including accidental or intentional deletion by any party.

Non-Commercial Use

The Services are for the personal use of Users and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Please see Section IV. “User Code of Conduct” for details on the permitted and prohibited uses of the Services. Illegal and/or unauthorized use of the Services, including collecting names and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or commercial solicitations, or unauthorized framing of or linking to the Services is prohibited. Commercial advertisements, affiliate and third party links, and other forms of solicitations may be removed from Member profiles or resumes without notice and may result in termination of Membership, at our sole discretion. Appropriate legal action may be taken for any illegal or unauthorized use of the Services.

Links to Third Party Services

The Services may include links to third party apps, websites or other services (“Third Party Sites”). You are responsible for deciding whether you want to access or use a Third Party Site. CN is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. Third Party Sites have their own legal terms of use and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, we are not responsible for Third Party Sites – use or access them at your own risk.

VI. INTELLECTUAL PROPERTY RIGHTS

Access to Content on the Services

You acknowledge that: (i) by using the Services you may have access to pictures, digital images, graphics, music, video, audio, text, computer code and other creative output (collectively, “Content”); and (ii) this Content includes Content owned or licensed by CN (“CN Content”), or owned or licensed by Users (“User Content”). You acknowledge that CN, CN licensors, and Users have rights in their respective Content under copyright and other applicable laws and treaty provisions. You accept full responsibility and liability for your use of any Content in violation of any such rights.

User Content

CN may choose, but has no obligation, to pre-screen or monitor the Services for inappropriate User Content or conduct at any time, and it may delete any User Content that violates these Terms, as determined by CN in its sole discretion. However, if CN chooses to pre-screen or monitor User Content, CN nonetheless assumes no responsibility for such User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.

View Content at Your Risk

You understand that when using the Services, you will be exposed to Content from a variety of sources, and that CN is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, objectionable, or that contains errors or omissions.

Ownership of User Content Posted by Other Users of our Services

All User Content, including all project information posted on the Services by any user, including by casting directors, is either owned or licensed by the user that posted it. Therefore, other users of our Services may not distribute, modify, transmit, reuse, download, repost, copy, or use the User Content of others, including project information, for any reason without express prior written permission from the user that posted it. A violation of this Section is cause for immediate and permanent termination of your right to use our Services.

Our Ownership Rights

All right, title and interest in and to the Services is the exclusive property of CN and its licensors. We hereby grant you a limited, revocable, non-sublicensable license to reproduce and display the CN Content (excluding any software code) solely for your personal use and to the extent necessary to access or use the Services. CN reserves all rights not expressly granted in and to the CN Content and the Services.

Software Use Restrictions

You acknowledge that any software and related documentation that may be available to download from the Services (the “Software”) is a copyrighted work owned or licensed by CN and that you do not acquire any ownership rights by downloading the Software. You agree that your use of the Software is governed by these Terms and is also governed by the terms of the license agreement, if any, that accompanies or is included with the Software (the “License Agreement”). Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT IN NEW JERSEY AND AS SET FORTH IN THE LICENSE AGREEMENT, THE SOFTWARE IS PROVIDED TO YOU ON AN “AS-IS” AND “WHERE-IS” BASIS, AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED.

Feedback

All comments, feedback or materials submitted by you to us, including feedback, testimonials, images, reviews, questions, comments, suggestions or ideas (collectively, “Feedback”), are received and treated by us on a non-confidential and unrestricted basis. CN has a limited, non-exclusive license to use, display, perform, distribute, copy, adapt, and promote the Feedback in any way, without any additional compensation to you. You agree that in submitting Feedback, it will not violate any right of any third party, including any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain viruses, commercial solicitations, or any form of “spam”.

Ownership and License of User Content

You retain copyright and other intellectual property rights you have under law with respect to the User Content that you submit or transmit to or display on or through the Services. However, by posting your User Content on the Services, you grant to CN and its affiliated companies, and their sub-licensees (or other suppliers) of the Services permission to use, transmit, reproduce, publish, publicly display, publicly perform, reformat, edit, delete, learn from, transcribe, analyze or translate your User Content in connection with current or future Services (“License”). No compensation is payable to you with respect to the use of your User Content, as provided herein. You may edit some of your User Content by using the tools on the Services; however, if you have shared User Content with others through the Services, CN has no control over any third parties use of that Content. Further, you acknowledge that removed User Content may persist in the systems of those who have had previous access to User Content through our Services, and in backup copies for recordkeeping and internal purposes, including enforcing these Terms. Please see the terms of our Privacy Policy for further information on how we use, share and store the personal information you provide to us and your choices. You represent that you have all rights necessary to grant us the License set forth in this section, that your User Content is accurate and not confidential, and the submission, transmission, posting and use of your User Content on the Services is not in violation of any applicable laws or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights of persons or property appearing therein). You are solely responsible for your User Content or any other User Content you access through the Services.

Digital Millennium Copyright Act

CN has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512, (the “DMCA”) and avails itself of the protections under the DMCA. Further, we reserve the right to remove any User Content on the Services which allegedly infringes another person’s copyright and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringes another person’s copyright. It is our policy to terminate the access of repeat infringers. However, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party’s copyright to remain on the CN Services.

Filing a Complaint

If you believe any material on the Services infringes a copyright, you should provide us with a request to takedown the allegedly infringing material in the form of a written letter, sent by regular mail only, (“DMCA Takedown Notice”) that at a minimum includes:

  • Identification of the material that is claimed to be infringing or to be the subject of 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;
  • Your name, address, telephone number and email address (if available);
  • A statement that the complaining party 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;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  • The signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notwithstanding the foregoing, we reserve the right to ignore a DMCA Takedown Notice that is not in compliance with the DMCA.

Filing a Counter-Notice

If your material has been removed or blocked by us as a result of our receipt of a DMCA Takedown Notice, you may send us a request asking for the allegedly infringing material to be restored in the form of a written letter, sent by regular mail only, (“DMCA Counter-Notice”) that at a minimum includes:

  • Identification of the copyrighted work or works that were removed by CN and the location at which the works appeared before they were removed, with information reasonably sufficient to permit us to identify the copyrighted work;
  • Your name, address, telephone number and email address (if available);
  • A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located, or California if your address is outside of the United States;
  • A statement that you will accept service of process from the person (or an agent of such person) who provided the DMCA Takedown Notice to us;
  • A statement that you have a good faith belief that the allegedly infringing material identified above as the copyrighted work was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • A signature of a person authorized to act on behalf of the owner of the copyrighted work that was taken down.

Both the DMCA Takedown Notice and the DMCA Counter-Notice must be sent to our designated DMCA agent via email at dmca-takedown@castingnetworks.com or by postal mail as follows:

RAFI GORDON
CASTING NETWORKS, LLC
3250 WILSHIRE BLVD STE 1800
LOS ANGELES, CA 90010
USA

Emails or letters sent to these contact addresses that do not relate to the DMCA will be ignored.

VII. INTERACTING WITH OTHER USERS

Service Provider

CN is a service provider so we don’t control each and every aspect of the Services. For example, we do not regularly monitor Users’ interactions with the Services or communications with each other on the Services. However, CN may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. CN reserves the right to terminate your Membership if we determine, in our sole discretion, that doing so is necessary to enforce these Terms or to protect its business reputation or Users.

Communications with Users

You are solely responsible for your interactions with other Users.

Release

As a condition of access to and use of the Services, you release CN, including its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of the Services, including any claim against any individual or entity who creates an unauthorized account for you on your behalf.

User Disputes

You understand and agree that: (i) CN will have the right but not the obligation to assist Users in resolving disputes among Users relating to Users’ use of the Services; (ii) CN’s resolution of any particular dispute does not create an obligation to resolve any other dispute; (iii) to the extent CN assists in resolving such disputes, it will do so in good faith based solely on the general rules and standards of the Services; (iv) CN’s resolution of such disputes will be final with respect to the respective Users’ use of the Services; and (v) you release CN from claims, demands and damages of every kind and nature in any way connected with CN’s resolution of User disputes relating to the Services.

VIII. DISCLAIMERS OF WARRANTY AND LIABILITY

The Services are provided “As Is”

CN provides the Services strictly on an “AS IS” basis and does not guarantee that the Services will function without interruption or errors in functioning, or be virus-free. The operation of the Services may be interrupted due to maintenance, updates, or system or network failures. CN disclaims all liability for damages caused by any interruption, malfunction, impossibility of access, or poor use conditions of the Services for any reason. Use of the Services is at your own risk, to the fullest extent permissible under applicable law and except in New Jersey. CN EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

CN makes no warranty as to the quality, accuracy, completeness or validity of any information or Content you access or receive in connection with the Services, or that your use of the Services will meet your requirements. If you are dissatisfied or harmed by the Services, you may terminate your account in accordance with these Terms and such termination shall be your sole and exclusive remedy. CN is not responsible for, and makes no representations or warranties for the delivery of any messages sent through the Services to anyone. In addition, we neither warrant nor represent that your use of the Services will not infringe the rights of third parties. Any material, service, or technology described or used on the Services may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us. CN does not have any obligation to verify the identity of the persons accessing the Services or subscribing to the Services. CN disclaims all liability for identity theft or any other access to or misuse of your identity or information.

No Liability for Accumulated Content

When using the Services, you may accumulate Content that resides as data on CN’s servers. This data, and any other data, Membership account information or history, User personal information or names residing on CN servers may be deleted, altered, moved or transferred at any time for any reason in CN’s sole discretion. You acknowledge that, notwithstanding any copyright or other rights you may have with respect to User Content you upload, transmit, display and/or create using the Services, and notwithstanding any value attributed to such Content, you understand and agree that CN has the right, but not the obligation, to remove any Content (including your User Content) at any time, for any reason or no reason, with or without notice, and with no liability of any kind. CN EXPRESSLY DISCLAIMS ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON CN’S SERVERS.

Limitation of liability

IN NO EVENT IS CN OR ITS RESPECTIVE SUPPLIERS, LICENSORS OR DISTRIBUTORS IN HOSTING, OPERATING OR DELIVERING THE SERVICES LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST PROFITS, EXCLUDING CLAIMS BASED ON GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICES (INCLUDING ITS MODIFICATION OR TERMINATION), YOUR MEMBERSHIP (INCLUDING THEIR TERMINATION OR SUSPENSION) OR THESE TERMS, WHETHER OR NOT CN MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

IN ADDITION, EXCLUDING CLAIMS BASED ON GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, YOU AGREE THAT IN NO EVENT WILL CN’S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED THE LESSOR OF THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR THE SERVICE, IF ANY, OR U.S. FIFTY DOLLARS ($50.00). SOME STATES INCLUDING NEW JERSEY OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. If you are a California resident, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

Indemnification

You agree to defend, indemnify and hold harmless CN and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors from and against all damages, losses, liabilities, claims, and costs (including, but not limited to, reasonable attorneys’ fees and costs including costs to respond to regulatory inquiries, actions or subpoenas) related to all third party claims, charges, and investigations, arising from, relating to, or caused by (a) your use of the Services, (b) your failure to comply with these Terms, including, without limitation, your submission or use of Content in violation of third party rights or applicable laws, rules or regulations or (c) your Membership.

IX. DISPUTE RESOLUTION

Governing Law

These Terms shall be governed, construed, and enforced in accordance with the laws of the state where the Talent resides, as determined by the address on file with CN, without regard to its conflict of laws rules except that the arbitration provision shall be governed by the Federal Arbitration Act as stated herein.

Notice of Claims

In the event a dispute arises between you and CN we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute through arbitration. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim (as defined below) and setting forth the specific relief sought. All Notices of Dispute with CN shall be sent to the following address: Casting Networks, LLC, Attn: Dispute Resolution, 3250 Wilshire Blvd Ste. 1800, Los Angeles, CA 90010 USA.

All notices to Users will be sent to the email or street address provided in the User’s account. Upon receipt of such Notice of Dispute, the other party shall have a 60-day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the Notice of Dispute, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such a 60-day cure period, you or CN may commence an arbitration proceeding in accordance with the following procedure. This notice requirement is a condition precedent to any arbitration proceeding, as described below.

Arbitration and Class Action Waiver

YOU AND CN AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, CONNECTED WITH OR RELATING TO THESE TERMS, ANY CONTRACT, TORT, MISREPRESENTATION, FRAUD OR OTHER LEGAL THEORY OR CAUSE OF ACTION, STATUTE, OR OTHERWISE RELATING TO THE SERVICES (“CLAIMS”) WHICH CANNOT BE SETTLED BY MUTUAL AGREEMENT OF THE PARTIES, SHALL BE RESOLVED BY ONE ARBITRATOR THROUGH BINDING ARBITRATION. HOWEVER, YOU OR CN MAY BRING ANY CLAIM IN SMALL CLAIMS COURT CONSISTENT WITH THE APPLICABLE JURISDICTIONAL LIMITS. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE BROADLY INTERPRETED. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, JUST AS A COURT WOULD, THE ARBITRATOR MUST HONOR THESE TERMS. THE ARBITRATOR’S DECISION AND AWARD IS FINAL AND BINDING, WITH SOME EXCEPTIONS UNDER THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1, ET SEQ., AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION. BY AGREEING TO THESE TERMS, YOU AND CN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. Any Claim must be brought in the parties’ individual capacity in arbitration, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. YOU AND CN UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, BY AGREEING TO THESE TERMS AND USING THE SERVICES YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY THROUGH ARBITRATION. IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH ABOVE CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY. If for any reason a claim proceeds in court rather than through arbitration, you and CN agree that there will not be a jury trial. You and CN unconditionally waive any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Terms in any way. In the event of litigation, this paragraph may be filed to show a written consent to a trial by the court.

JAMS

Unless otherwise agreed to by you and CN in writing or for individual claims brought by you or CN in small claims court, the arbitration will be governed and conducted by JAMS before a single arbitrator from JAMS, or another established alternative dispute resolution (“ADR”) provider, chosen by CN, who is licensed to practice law. The arbitration proceeding will be located in Los Angeles, California, and for any non-frivolous demand, CN will: (1) pay the costs of the arbitration up to $10,000; (2) if you prefer will conduct the arbitration by telephone, and (3) will not seek attorney’s fees in the event CN prevails. Each party shall pay the fees and costs of its own counsel, experts and witnesses (as applicable) and will be conducted in accordance with JAMS rules. The JAMS rules, including the selection of an arbitrator, filing, administration, discovery and arbitrator fees will be conducted under the JAMS Comprehensive Arbitration Rules & Procedures, except as modified by these Terms or otherwise agreed to by you and CN in writing. The JAMS rules are available on its website at www.jamsadr.com. To the extent that this Dispute Resolution section conflicts with JAMS’s minimum standards for procedural fairness, the JAMS’ rules and/or minimum standards for arbitration procedures in that regard shall control. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or for the arbitrator’s award; and any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, or enforceability of these Terms including any claim that all or any part of these Terms are void or voidable. However, the preceding sentence shall not apply to the clause in this Dispute Resolution provision regarding the Class Action waiver.

Exception

Any claim or action for (i) indemnification, (ii) any violation of CN intellectual property rights, (iii) contribution, (iv) interpleader, or (v) injunctive relief arising out of a Claim shall not be subject to arbitration.

Survival

This arbitration provision shall survive termination of these Terms, including the termination of any relationship between you and CN.

Severability

If any provision of this Section is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable except that should the provision on class action waiver for any Claim be found to be unenforceable by a court of law, then the provision to arbitrate will not apply.

X. GENERAL PROVISIONS

Export Control

The Services are controlled and operated by CN from its offices within the United States. CN makes no representation that any Content, Software or other products in the Services are appropriate or available for use in other locations, and access to such materials or use of the Services from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If you use the Services from other locations, you are responsible for compliance with applicable local laws including, but not limited to, the export and import regulations of other countries. Your use of the Services, including our Software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any Software or Service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving United States origin products, including Services or Software.

Notices

CN may give notice to you by means of a general notice on the Services, at or after log-in to your Membership account, by electronic mail to your e-mail address in our records for your Membership, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your Membership. All notices given by you, whether or not required under these Terms, shall be emailed to support@castingnetworks.com; or sent to us by postal mail or courier at:

CASTING NETWORKS LLC
ATTN DISPUTE RESOLUTION
3250 WILSHIRE BLVD STE 1800
LOS ANGELES, CA 90010
USA

Any notices that you provide without compliance with this section shall have no legal effect.

Waiver

The failure of CN to partially or fully exercise any rights under these Terms, or the waiver of CN of any breach of these Terms by you, shall not prevent a subsequent exercise of such rights by CN or be deemed a waiver by CN of any subsequent breach by you of the same or any other condition of these Terms. The rights and remedies of CN under these Terms, its policies, and any other applicable agreement between you and CN shall be cumulative, and the exercise of any such right or remedy shall not limit CN’s right to exercise any other right or remedy.

Severability

If any part of these Terms, other than the Class Action waiver as set forth above, is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect.

Headings

Headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms.

Third Party Beneficiaries

These Terms do not create third party beneficiary rights enforceable by third parties.

Entire Agreement

These Terms, and the policies incorporated herein, are the entire agreement between you and CN. They supersede any and all prior or contemporaneous agreements between you and CN relating to your use of the CN Services.

Copyright © 2023, Casting Networks, LLC. All rights reserved.

Effective Date: December 13, 2023

CASTING NETWORKS TERMS OF USE

Welcome to Casting Networks. These Terms of Use and any additional terms disclosed to you when you use our services (“Terms”) are a legally binding agreement between you and Casting Networks, LLC, its affiliates (collectively, “CN,” “we,” “our” or “us”) and its family of websites or other services that link to these Terms. THE TERMS INCLUDE A PROVISION REGARDING DISPUTE RESOLUTION, WHICH INCLUDES A REQUIREMENT FOR INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER.

I. ABOUT CASTING NETWORKS, LLC

Casting Networks, LLC provides a range of content, hosting, communication and networking services, including content, features, functionalities and other services to allow Talent (as defined below) to connect with talent agents, managers, casting directors, and other professionals rendering professional services in motion picture, theatrical, radio, television and other entertainment enterprises (collectively the “Services”) that may be offered on our websites, mobile websites, apps, or from other services, products, tools, offers or communications provided by CN.

CN is a Talent Listing Service.

CN IS NOT A TALENT AGENCY AND THIS IS NOT A TALENT AGENCY CONTRACT. ONLY A TALENT AGENT LICENSED PURSUANT TO SECTION 1700.5 OF THE LABOR CODE MAY ENGAGE IN THE OCCUPATION OF PROCURING, OFFERING, PROMISING, OR ATTEMPTING TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR AN ARTIST. CN IS PROHIBITED BY LAW FROM OFFERING OR ATTEMPTING TO OBTAIN AUDITIONS OR EMPLOYMENT FOR YOU. IT MAY ONLY PROVIDE YOU WITH LISTING INFORMATION. FOR MORE INFORMATION, CONSULT CHAPTER 4.5 (COMMENCING WITH SECTION 1701) OF PART 6 OF DIVISION 2 OF THE LABOR CODE. A DISPUTE ARISING OUT OF THE PERFORMANCE OF THE CONTRACT BY THE TALENT SERVICE THAT IS NOT RESOLVED TO THE SATISFACTION OF THE ARTIST/TALENT SHOULD BE REFERRED TO A LOCAL CONSUMER AFFAIRS DEPARTMENT OR LOCAL LAW ENFORCEMENT, AS APPROPRIATE.

Pursuant to California state law, CN has posted a $50,000 bond with the labor Commissioner issued by Vigilant Insurance Company, Bond No. 8304-18-32.

Registration of Minors

Minors are not eligible to create accounts, maintain profiles or utilize our Services. Only Talent Representatives or parents or legal guardians of Talent who are under the age of majority in the state or country in which they reside (“Minors”) may register for Membership, create and maintain profiles and resumes, and utilize the Services on behalf of Minors (collectively referred to as “Authorized Representatives”). Under applicable European Data Privacy Laws, children ages 13 to 16 may provide valid consent to process their personal information. Where consent is required under such European Data Privacy Laws, the Talent Representative has the obligation to provide to us evidence of such consent or, as required under the European Data Privacy Laws, the authorization of the holder of parental responsibility for the child. We may refuse to process, or to continue to process, the child’s personal information until we receive this evidence of consent or authorization.

II. ACCEPTANCE OF TERMS

Legally Binding Agreement

You agree that when registering with CN and clicking or tapping “I Accept” (or similar), or by accessing, viewing, downloading or otherwise using the Services, you are entering into a legally binding agreement with CN based on these Terms and our Privacy Policy, which is incorporated with these Terms. Additional Terms may be posted on some or all of the Services from time to time such as legal notices or rules for particular promotions, applications, downloads or other features or activities. If there is a conflict among Terms, you agree that CN will determine which Terms apply to which Services. These Terms set out your rights, obligations, and restrictions regarding your use of the Services. If you do not agree to any of the terms of the Privacy Policy or these Terms, you must discontinue accessing and/or using the Services. A “Visitor” is someone who accesses and browses the Services but does not register for an account. A “Member” is someone who has created an account on the Services and has received confirmation from CN that registration has been completed and membership has been established (“Membership”). CN may decline Membership registrations for any reason. Visitors and Members are referred to collectively as “Users.”

Updates to Terms

The Terms may change at any time. CN will post the most current version on the homepage of our website (https://www.castingnetworks.com/) or via a link on the applicable Service with a new Effective Date. Changes are effective from the Effective Date. Your continued access or use of the Services after we post changes to the Terms signifies your agreement to those changes. If you do not agree to the current Terms, you must discontinue using the Services.

Contact and Electronic Communications

By accessing or using the Services, you consent to having these Terms provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you provide us with contact information in connection with a particular activity, such as an email address or telephone number (“Contact Information”), you agree that this establishes a business relationship with us and that we may communicate with you using the Contact Information you provided to us. You acknowledge the legal authority over any Contact Information. This means we may contact you in person or by recorded message, by email, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, in app message or any other means of communication that your wireless or other telecommunications device may be capable of receiving through the Contact Information you have provided to us. Standard message and data rates may apply.

Your Consent to Email Marketing

We will send you marketing communications in accordance with our Privacy Policy.

III. ELIGIBILITY

You must be an Industry Professional to participate in the Services. An “Industry Professional” is:

  • An actor, model, dancer, voice-over talent, musician, a musical or performance group or other artist (“Talent”);
  • A casting director;
  • A production company;
  • A filmmaker;
  • Other entertainment industry professional; or
  • A professional talent representative (e.g., talent agency or management company), or an employee or authorized representative thereof (“Talent Representative”).

Authorization to Act on Behalf of Talent

Each Talent Representative represents that it is legally authorized to represent its respective Talent in connection with the Services and utilize all aspects of the applicable Services on behalf of the Talent in accordance with these Terms, including where applicable, the completion of a Profile or Resume and the sharing of that information with third parties. A Talent Representative agrees to stop using the Services immediately when such authority from Talent is no longer in effect. We are not obligated, but we reserve the right at any time, to require evidence of a Talent Representative’s authority to enter into these Terms and act on behalf of Talent in connection with the Services. Each Talent Representative also represents and warrants that all personal information that he or she provides to us through the Site or otherwise is collected by such Talent Representative or on his or her behalf and disclosed to us in full compliance with the applicable Data Privacy Laws including, as required by such Data Privacy Laws, with the comprehensive consent from or comprehensive data processing information provided to the relevant individuals whose personal information is provide to us. Each Authorized Representative is solely responsible for their acts or omissions in connection with the Services, including any violation of these Terms and CN’s Privacy Policy. Each Authorized Representative indemnifies and holds harmless CN and its affiliates, employees, officers, directors, and representatives from any losses, costs, expenses, damages, fines and/or penalties including reasonable attorneys’ fees, arising out of or in connection with a breach of this representation.

Individual Responsibility

If you are an individual acting on behalf of a Talent Representative, corporate or other legal entity (which may have also agreed to these Terms or have a separate agreement with CN), you are individually bound by these Terms as an individual User.

Responsibility to Update Talent Representative Information

Talent or Talent’s Authorized Representative is responsible for promptly notifying CN when a Talent Representative has been terminated or changed. If Talent has no representation, CN will turn control of the Membership over to Talent or Talent’s Authorized Representative subject to their direct acceptance of these Terms. Any changes should be sent via a support request at https://support.castingnetworks.com/hc/en-us/requests/new.

Registration

During the Membership registration process, you will be prompted to provide personal information that allows us to know who you are, such as your full name, age, street address, email address and phone number, as well as additional optional information such as height, weight, appearing ethnicity, and pictures (collectively, “Registration Information”). By using the Services, you represent and warrant that all Registration Information you submit is truthful, accurate, current and complete and you will maintain the accuracy of such Registration Information by updating and revising it promptly.

Representation

If you are a Talent Representative providing Registration Information on behalf of Talent, you warrant and represent that you have full authority to provide us with the Registration Information and any other personally identifying information of such Talent. If you are an Authorized Representative of Talent under the age of majority, a valid parent/guardian authorization may be required by law. The Services are not directed to children under the age of 13, and they are not permitted to sign up for or use the Services..

Validation of Registration Information

You authorize CN to make any inquiries, either directly or through third parties, to validate your Registration Information. CN reserves all rights to take legal action against anyone who provides inaccurate, false or incomplete personal information or is otherwise untruthful about their identity, and to suspend or cancel a Membership established using such information. Notwithstanding the foregoing, you acknowledge that CN cannot guarantee the accuracy of any information submitted by any User of the Services, including any identity information about any User.

CN Privacy Policy

For detailed information on how we use and share Users’ personal information, please read our Privacy Policy.

IV. USER CODE OF CONDUCT

You agree to use the Services in a professional manner, provide complete and accurate Registration Information to us, and update it as necessary. You further agree to comply with all applicable laws, rules, and regulations.

You agree not to:

  • use the Services or any personal information of any User for purposes other than in connection with utilizing the Services;
  • collect, use, share or transfer any information available on the Services except as expressly permitted by these Terms, or by the owner of such information;
  • use the Service in connection with any commercial endeavors except those that are specifically endorsed or approved by us;
  • include information in a profile or resume (or elsewhere on the Services) that reveals sensitive personal information, such as government identifiers such as Social Security numbers or Tax ID numbers, except in the designated fields where collection is required by law;
  • use the Services or any information obtained through the Services to stalk, abuse or attempt to abuse, or otherwise harass another individual;
  • act dishonestly or unprofessionally, such as by posting inappropriate, inaccurate or objectionable content;
  • take any action or upload, post, email or otherwise transmit any content that would violate any right or duty under any applicable law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, including without limitation, promotional materials that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation of similar nature;
  • use manual or automated software, devices, scripts robots, or other means or processes to access, “scrape,” “crawl” or “spider” any content or other services contained in or through the Services;
  • utilize information, content or any data you view on and/or obtain from the Services to provide any service that is competitive with the Services, including the use of CN trademarks or copyrighted material or confusingly similar marks;
  • attempt to or actually transmit or post a link to another service within your profile or resume or anywhere else on the Services other than as expressly permitted;
  • engage in or plan to engage in any illegal activity;
  • post, disseminate or transmit statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
  • disclose information that that you do not have the right to disclose, such as confidential information;
  • use an image that is not your likeness or headshot on your profile or resume or otherwise misrepresent your identity, your affiliation with a person or entity, or the source of any communication;
  • create, disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property or property rights of any person;
  • export, re-export or permit the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities;
  • interfere with, disrupt or attempt to gain unauthorized access to other accounts on the Services or any other computer network;
  • disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
  • damage, disable, overburden, or impair any CN server, or the network(s) connected to any CN server, or interfere with any other party’s use and enjoyment of any of the Services;
  • gain unauthorized access to any Services, accounts, computer systems or networks connected to any CN server or to any of the Services through hacking, cracking, distribution of counterfeit software, password mining or any other means;
  • reverse engineer, decompile or disassemble any software accessed through the Services;
  • transmit, post, or e-mail any misleading or false professional opportunities in your profile, resume or elsewhere on the Services;
  • engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  • access the Services except through the interfaces expressly provided by CN;
  • override any security feature of the Services; or
  • engage in any other activity deemed by CN in its sole discretion to be in competition with or in conflict with the spirit or intent of Services and the requirements of these Terms.

V. USER RIGHTS AND OBLIGATIONS

Preventing and Reporting Abuse

You agree that CN may take whatever steps it deems necessary to stop or prevent behavior of any kind on the Services that violate this Agreement in its sole discretion, without notice. For example, CN has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any User who publishes or distributes child pornography. You can report any violations of the User Code of Conduct or other abuse of the Services by emailing reportabuse@castingnetworks.com.

Termination or Cancellation by CN

CN may restrict, suspend or terminate the Membership of any User who violates these Terms or otherwise abuses or misuses the Services without warning. Such restriction, suspension, or termination, shall be effective immediately or as specified in any notice. In the event that CN restricts, suspends or terminates your Membership, no refund or credit of any Membership or other fees or exchange of the Services will be offered, except in our sole discretion. If a User whose account has been restricted, suspended or terminated has re-registered or attempts to have re-registered with CN (including under a new name) that User may be permanently barred from the Services without recourse. CN has adopted a policy of terminating accounts of Users (or blocking any associated IP address) and permanently barring without recourse any User who, in CN’s sole discretion, falsely represents that it is an Authorized Representative, Talent Representative, casting director or other Industry Professional, or any User who provides information that is false or misleading. CN may also cancel your account (Membership or any other type of account) at any time for any of the Services for any reason. If CN cancels your month-to-month membership, prepaid membership or other paid account, you will receive a refund for any months that are not completely used. The amount of such a refund will be calculated by multiplying the monthly rate by the number of months remaining on the account. If CN cancels during a month that has been partially used, it will nonetheless refund the full amount you paid for that month.

Membership Security and Unauthorized Use

You are fully responsible for all activities conducted through your Membership (including complying with these Terms). During the registration process you will also be asked to choose a password. You are entirely responsible for maintaining the security of your password. You must try to choose a strong and secure password and keep your password confidential. You may not use another Member’s account or password at any time, let an unauthorized third party access your account or use your Membership, or disclose your password information to any unauthorized third party. You agree to notify us immediately if you suspect any unauthorized use of your Membership or access to your account or password. You will be liable for our losses or the losses of others as a result of such unauthorized use until such time as you terminate your Membership or prove that your account security was compromised due to no fault of your own.

Fees and Billing Information

We offer a number of plans. Each has its own features and pricing and as a User you may select a plan that you qualify for that best suits your needs. Payment for subscriptions will be made in accordance with the selected plan. Prices and features for plans are subject to change in accordance with these Terms. Notice of any price changes will be provided to Users in advance, and you will have the option to change or cancel your subscription if you do not agree with the new pricing in accordance with these Terms once the existing term is complete.

Certain changes to a plan, such as moving to a higher-priced plan, will result in an immediate adjustment to the fee on the date access to the new plan and its features commences. If you are moving to a lower-priced plan, the change will take effect at the end of the current term. We may, from time to time, adjust or reduce the allocation of features and capabilities among different plans. We will make reasonable efforts to provide advance notice to affected Users of any material changes. If you purchase any of our paid Services, on either a one-time monthly basis or recurring monthly billing subscription basis, you agree that CN (and its authorized service providers) may store your payment card information. CN will bill you the appropriate fee, applicable taxes and any other disclosed charges for the Services (“Fees”) using the billing information provided by you (“Billing Information”). You agree to pay CN all Fees at the prices then in effect for your use of the Services using your Billing Information, and you authorize CN to charge your Payment Provider (“Payment Method”) for the Fees associated with the Services selected. All subscriptions longer than one month will automatically renew at our monthly subscription rate and are billed on a monthly basis and are subject to our Subscription Terms, below and presented as agreed at the time of signup. The terms of your Payment Method may be determined by agreements between you and the financial institution, debit/credit card issuer or other provider of your chosen Payment Method (the “Payment Provider”), which may include additional fees, including foreign transaction fees. If CN does not receive payment from your Payment Provider, you agree to pay all amounts due on your account upon demand. In the event we have to collect unpaid Fees owed, you will be liable for any collection costs and fees (including reasonable attorneys’ fees). Note that for Services purchased by another party for your account (e.g., by your Talent Representative), the party paying for the Services is responsible for making prompt payment and failure to do so may result in termination of your Membership. All Fees are in US Dollars, unless otherwise indicated, and do not include Internet service provider, telephone, or other connection charges, if any, that are billed by third parties. Depending upon your credit card’s currency and the country in which your card was issued, your credit card provider may impose foreign exchange fees and other fees in accordance with your arrangements with that credit card provider.

If you choose a Membership, the Membership will continue on a continuous basis until canceled, as described below. You agree that CN is authorized to bill you each month using the Payment Method provided.

Memberships & Cancellation by You

YOU HAVE THE RIGHT TO CANCEL YOUR MONTH-TO-MONTH OR PREPAID MEMBERSHIP OR ANY OTHER ACCOUNT AND OBTAIN A FULL REFUND FOR ANY AMOUNT PAID WITHIN 10 BUSINESS DAYS OF INITIAL PURCHASE.

After the 10-day cancellation period, you may also cancel your account at any time for any of the Services. If you cancel a month-to-month, pre-paid semi-annual or annual subscription, you will avoid future charges but partial months are not refunded. For more information on your Membership and to cancel your Membership or other account at any point during your subscription term or otherwise, you can contact us at https://support.castingnetworks.com/hc/en-us/requests/new. We will cancel your account as soon as possible after resolving any outstanding account issues and in accordance with applicable law.

Remove Your Account And Associated Data And Content

If you want to remove your account, please see our Help Center at https://support.castingnetworks.com/hc/en-us/requests/new. Once you have requested to remove your account, and/or data or content within your account, the removal process will automatically begin. Once any data is deleted, data will be deleted from backups and recovery systems as quickly as is technically possible. Your data and content will not be deleted in the following circumstances:

  • Where your data or content has been shared with others in accordance with these Terms of Use (see section ‘Ownership and License of User Content’);
  • Where there are technical limitations in completing the deletion, in which case, data will be removed as quick as is technically feasible;
  • Where deletion may hinder our ability to meet the following. In such cases data and content will be retained for the length of time in order to meet the purposes for which it was retained:
    • investigate violations of these Terms of Use and/or to identify illegal activity;
    • ensure the safety of users and the security of the systems and services;
    • meet or comply with a legal obligation or formal request from a government agency, law enforcement organization or government agency.

Users must request or complete downloads of data or content before requesting or completing removal or deletion.

Interruption of Services

CN may at any time for any or no reason interrupt availability of some or all aspects of the Services, or modify, replace, refuse access to, or discontinue any Services, or change or modify our Fees in our sole discretion. Any changes to the Services or Fees are effective when posted on the Services or when communicated to you directly. CN is not liable for any interruption of Services, or delay or failure to perform, and you understand that in such cases you shall not be entitled to any refunds of Fees.

Content in Your Account

We may remove and or discard any content available as part of your Membership account, including your profile or resume, with or without notice, for any reason. CN has no obligation to store, maintain or provide you with a copy of any content that you or other Users provide when using the Services.

Media Storage

Media is defined as photographs, audio, or videos or other types of files, which as a User you add to your Profile, respond with to Media Requests or uploaded to Submissions. Media storage limits may be applied to plans. Storage capacity is calculated using the original file-size and is tied to an individual artist. Media must meet minimum quality criteria. The amount of media you can upload within your plan will depend on various factors including file type, size, resolution, and quality. Services may be unavailable to a User if a User has reached or exceeded the media storage limit. Time limits may be applied to media removal and archival activity within an account. We reserve the right to adjust media storage limits for plans at our discretion. Users will be provided with reasonable notice of any material changes to media storage limits. Media storage services may be withdrawn upon expiry of a subscription. We cannot be held responsible for loss or corruption of data, including accidental or intentional deletion by any party.

Non-Commercial Use

The Services are for the personal use of Users and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Please see Section IV. “User Code of Conduct” for details on the permitted and prohibited uses of the Services. Illegal and/or unauthorized use of the Services, including collecting names and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or commercial solicitations, or unauthorized framing of or linking to the Services is prohibited. Commercial advertisements, affiliate and third party links, and other forms of solicitations may be removed from Member profiles or resumes without notice and may result in termination of Membership, at our sole discretion. Appropriate legal action may be taken for any illegal or unauthorized use of the Services.

Links to Third Party Services

The Services may include links to third party apps, websites or other services (“Third Party Sites”). You are responsible for deciding whether you want to access or use a Third Party Site. CN is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. Third Party Sites have their own legal terms of use and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, we are not responsible for Third Party Sites – use or access them at your own risk.

VI. INTELLECTUAL PROPERTY RIGHTS

Access to Content on the Services

You acknowledge that: (i) by using the Services you may have access to pictures, digital images, graphics, music, video, audio, text, computer code and other creative output (collectively, “Content”); and (ii) this Content includes Content owned or licensed by CN (“CN Content”), or owned or licensed by Users (“User Content”). You acknowledge that CN, CN licensors, and Users have rights in their respective Content under copyright and other applicable laws and treaty provisions. You accept full responsibility and liability for your use of any Content in violation of any such rights.

User Content

CN may choose, but has no obligation, to pre-screen or monitor the Services for inappropriate User Content or conduct at any time, and it may delete any User Content that violates these Terms, as determined by CN in its sole discretion. However, if CN chooses to pre-screen or monitor User Content, CN nonetheless assumes no responsibility for such User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.

View Content at Your Risk

You understand that when using the Services, you will be exposed to Content from a variety of sources, and that CN is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, objectionable, or that contains errors or omissions.

Ownership of User Content Posted by Other Users of our Services

All User Content, including all project information posted on the Services by any user, including by casting directors, is either owned or licensed by the user that posted it. Therefore, other users of our Services may not distribute, modify, transmit, reuse, download, repost, copy, or use the User Content of others, including project information, for any reason without express prior written permission from the user that posted it. A violation of this Section is cause for immediate and permanent termination of your right to use our Services.

Our Ownership Rights

All right, title and interest in and to the Services is the exclusive property of CN and its licensors. We hereby grant you a limited, revocable, non-sublicensable license to reproduce and display the CN Content (excluding any software code) solely for your personal use and to the extent necessary to access or use the Services. CN reserves all rights not expressly granted in and to the CN Content and the Services.

Software Use Restrictions

You acknowledge that any software and related documentation that may be available to download from the Services (the “Software”) is a copyrighted work owned or licensed by CN and that you do not acquire any ownership rights by downloading the Software. You agree that your use of the Software is governed by these Terms and is also governed by the terms of the license agreement, if any, that accompanies or is included with the Software (the “License Agreement”). Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT IN NEW JERSEY AND AS SET FORTH IN THE LICENSE AGREEMENT, THE SOFTWARE IS PROVIDED TO YOU ON AN “AS-IS” AND “WHERE-IS” BASIS, AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED.

Feedback

All comments, feedback or materials submitted by you to us, including feedback, testimonials, images, reviews, questions, comments, suggestions or ideas (collectively, “Feedback”), are received and treated by us on a non-confidential and unrestricted basis. CN has a limited, non-exclusive license to use, display, perform, distribute, copy, adapt, and promote the Feedback in any way, without any additional compensation to you. You agree that in submitting Feedback, it will not violate any right of any third party, including any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain viruses, commercial solicitations, or any form of “spam”.

Ownership and License of User Content

You retain copyright and other intellectual property rights you have under law with respect to the User Content that you submit or transmit to or display on or through the Services. However, by posting your User Content on the Services, you grant to CN and its affiliated companies, and their sub-licensees (or other suppliers) of the Services permission to use, transmit, reproduce, publish, publicly display, publicly perform, reformat, edit, delete, learn from, transcribe, analyze or translate your User Content in connection with current or future Services (“License”). No compensation is payable to you with respect to the use of your User Content, as provided herein. You may edit some of your User Content by using the tools on the Services; however, if you have shared User Content with others through the Services, CN has no control over any third parties use of that Content. Further, you acknowledge that removed User Content may persist in the systems of those who have had previous access to User Content through our Services, and in backup copies for recordkeeping and internal purposes, including enforcing these Terms. Please see the terms of our Privacy Policy for further information on how we use, share and store the personal information you provide to us and your choices. You represent that you have all rights necessary to grant us the License set forth in this section, that your User Content is accurate and not confidential, and the submission, transmission, posting and use of your User Content on the Services is not in violation of any applicable laws or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights of persons or property appearing therein). You are solely responsible for your User Content or any other User Content you access through the Services.

Digital Millennium Copyright Act

CN has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512, (the “DMCA”) and avails itself of the protections under the DMCA. Further, we reserve the right to remove any User Content on the Services which allegedly infringes another person’s copyright and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringes another person’s copyright. It is our policy to terminate the access of repeat infringers. However, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party’s copyright to remain on the CN Services.

Filing a Complaint

If you believe any material on the Services infringes a copyright, you should provide us with a request to takedown the allegedly infringing material in the form of a written letter, sent by regular mail only, (“DMCA Takedown Notice”) that at a minimum includes:

  • Identification of the material that is claimed to be infringing or to be the subject of 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;
  • Your name, address, telephone number and email address (if available);
  • A statement that the complaining party 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;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  • The signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notwithstanding the foregoing, we reserve the right to ignore a DMCA Takedown Notice that is not in compliance with the DMCA.

Filing a Counter-Notice

If your material has been removed or blocked by us as a result of our receipt of a DMCA Takedown Notice, you may send us a request asking for the allegedly infringing material to be restored in the form of a written letter, sent by regular mail only, (“DMCA Counter-Notice”) that at a minimum includes:

  • Identification of the copyrighted work or works that were removed by CN and the location at which the works appeared before they were removed, with information reasonably sufficient to permit us to identify the copyrighted work;
  • Your name, address, telephone number and email address (if available);
  • A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located, or California if your address is outside of the United States;
  • A statement that you will accept service of process from the person (or an agent of such person) who provided the DMCA Takedown Notice to us;
  • A statement that you have a good faith belief that the allegedly infringing material identified above as the copyrighted work was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • A signature of a person authorized to act on behalf of the owner of the copyrighted work that was taken down.

Both the DMCA Takedown Notice and the DMCA Counter-Notice must be sent to our designated DMCA agent via email at dmca-takedown@castingnetworks.com or by postal mail as follows:

RAFI GORDON
CASTING NETWORKS, LLC
3250 WILSHIRE BLVD STE 1800
LOS ANGELES, CA 90010
USA

Emails or letters sent to these contact addresses that do not relate to the DMCA will be ignored.

VII. INTERACTING WITH OTHER USERS

Service Provider

CN is a service provider so we don’t control each and every aspect of the Services. For example, we do not regularly monitor Users’ interactions with the Services or communications with each other on the Services. However, CN may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. CN reserves the right to terminate your Membership if we determine, in our sole discretion, that doing so is necessary to enforce these Terms or to protect its business reputation or Users.

Communications with Users

You are solely responsible for your interactions with other Users.

Release

As a condition of access to and use of the Services, you release CN, including its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of the Services, including any claim against any individual or entity who creates an unauthorized account for you on your behalf.

User Disputes

You understand and agree that: (i) CN will have the right but not the obligation to assist Users in resolving disputes among Users relating to Users’ use of the Services; (ii) CN’s resolution of any particular dispute does not create an obligation to resolve any other dispute; (iii) to the extent CN assists in resolving such disputes, it will do so in good faith based solely on the general rules and standards of the Services; (iv) CN’s resolution of such disputes will be final with respect to the respective Users’ use of the Services; and (v) you release CN from claims, demands and damages of every kind and nature in any way connected with CN’s resolution of User disputes relating to the Services.

VIII. DISCLAIMERS OF WARRANTY AND LIABILITY

The Services are provided “As Is”

CN provides the Services strictly on an “AS IS” basis and does not guarantee that the Services will function without interruption or errors in functioning, or be virus-free. The operation of the Services may be interrupted due to maintenance, updates, or system or network failures. CN disclaims all liability for damages caused by any interruption, malfunction, impossibility of access, or poor use conditions of the Services for any reason. Use of the Services is at your own risk, to the fullest extent permissible under applicable law and except in New Jersey. CN EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

CN makes no warranty as to the quality, accuracy, completeness or validity of any information or Content you access or receive in connection with the Services, or that your use of the Services will meet your requirements. If you are dissatisfied or harmed by the Services, you may terminate your account in accordance with these Terms and such termination shall be your sole and exclusive remedy. CN is not responsible for, and makes no representations or warranties for the delivery of any messages sent through the Services to anyone. In addition, we neither warrant nor represent that your use of the Services will not infringe the rights of third parties. Any material, service, or technology described or used on the Services may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us. CN does not have any obligation to verify the identity of the persons accessing the Services or subscribing to the Services. CN disclaims all liability for identity theft or any other access to or misuse of your identity or information.

No Liability for Accumulated Content

When using the Services, you may accumulate Content that resides as data on CN’s servers. This data, and any other data, Membership account information or history, User personal information or names residing on CN servers may be deleted, altered, moved or transferred at any time for any reason in CN’s sole discretion. You acknowledge that, notwithstanding any copyright or other rights you may have with respect to User Content you upload, transmit, display and/or create using the Services, and notwithstanding any value attributed to such Content, you understand and agree that CN has the right, but not the obligation, to remove any Content (including your User Content) at any time, for any reason or no reason, with or without notice, and with no liability of any kind. CN EXPRESSLY DISCLAIMS ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON CN’S SERVERS.

Limitation of liability

IN NO EVENT IS CN OR ITS RESPECTIVE SUPPLIERS, LICENSORS OR DISTRIBUTORS IN HOSTING, OPERATING OR DELIVERING THE SERVICES LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST PROFITS, EXCLUDING CLAIMS BASED ON GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICES (INCLUDING ITS MODIFICATION OR TERMINATION), YOUR MEMBERSHIP (INCLUDING THEIR TERMINATION OR SUSPENSION) OR THESE TERMS, WHETHER OR NOT CN MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

IN ADDITION, EXCLUDING CLAIMS BASED ON GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, YOU AGREE THAT IN NO EVENT WILL CN’S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED THE LESSOR OF THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR THE SERVICE, IF ANY, OR U.S. FIFTY DOLLARS ($50.00). SOME STATES INCLUDING NEW JERSEY OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. If you are a California resident, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

Indemnification

You agree to defend, indemnify and hold harmless CN and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors from and against all damages, losses, liabilities, claims, and costs (including, but not limited to, reasonable attorneys’ fees and costs including costs to respond to regulatory inquiries, actions or subpoenas) related to all third party claims, charges, and investigations, arising from, relating to, or caused by (a) your use of the Services, (b) your failure to comply with these Terms, including, without limitation, your submission or use of Content in violation of third party rights or applicable laws, rules or regulations or (c) your Membership.

IX. DISPUTE RESOLUTION

Governing Law

These Terms shall be governed, construed, and enforced in accordance with the laws of the state where the Talent resides, as determined by the address on file with CN, without regard to its conflict of laws rules except that the arbitration provision shall be governed by the Federal Arbitration Act as stated herein.

Notice of Claims

In the event a dispute arises between you and CN we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute through arbitration. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim (as defined below) and setting forth the specific relief sought. All Notices of Dispute with CN shall be sent to the following address: Casting Networks, LLC, Attn: Dispute Resolution, 3250 Wilshire Blvd Ste. 1800, Los Angeles, CA 90010 USA.

All notices to Users will be sent to the email or street address provided in the User’s account. Upon receipt of such Notice of Dispute, the other party shall have a 60-day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the Notice of Dispute, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such a 60-day cure period, you or CN may commence an arbitration proceeding in accordance with the following procedure. This notice requirement is a condition precedent to any arbitration proceeding, as described below.

Arbitration and Class Action Waiver

YOU AND CN AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, CONNECTED WITH OR RELATING TO THESE TERMS, ANY CONTRACT, TORT, MISREPRESENTATION, FRAUD OR OTHER LEGAL THEORY OR CAUSE OF ACTION, STATUTE, OR OTHERWISE RELATING TO THE SERVICES (“CLAIMS”) WHICH CANNOT BE SETTLED BY MUTUAL AGREEMENT OF THE PARTIES, SHALL BE RESOLVED BY ONE ARBITRATOR THROUGH BINDING ARBITRATION. HOWEVER, YOU OR CN MAY BRING ANY CLAIM IN SMALL CLAIMS COURT CONSISTENT WITH THE APPLICABLE JURISDICTIONAL LIMITS. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE BROADLY INTERPRETED. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, JUST AS A COURT WOULD, THE ARBITRATOR MUST HONOR THESE TERMS. THE ARBITRATOR’S DECISION AND AWARD IS FINAL AND BINDING, WITH SOME EXCEPTIONS UNDER THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1, ET SEQ., AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION. BY AGREEING TO THESE TERMS, YOU AND CN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. Any Claim must be brought in the parties’ individual capacity in arbitration, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. YOU AND CN UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, BY AGREEING TO THESE TERMS AND USING THE SERVICES YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY THROUGH ARBITRATION. IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH ABOVE CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY. If for any reason a claim proceeds in court rather than through arbitration, you and CN agree that there will not be a jury trial. You and CN unconditionally waive any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Terms in any way. In the event of litigation, this paragraph may be filed to show a written consent to a trial by the court.

JAMS

Unless otherwise agreed to by you and CN in writing or for individual claims brought by you or CN in small claims court, the arbitration will be governed and conducted by JAMS before a single arbitrator from JAMS, or another established alternative dispute resolution (“ADR”) provider, chosen by CN, who is licensed to practice law. The arbitration proceeding will be located in Los Angeles, California, and for any non-frivolous demand, CN will: (1) pay the costs of the arbitration up to $10,000; (2) if you prefer will conduct the arbitration by telephone, and (3) will not seek attorney’s fees in the event CN prevails. Each party shall pay the fees and costs of its own counsel, experts and witnesses (as applicable) and will be conducted in accordance with JAMS rules. The JAMS rules, including the selection of an arbitrator, filing, administration, discovery and arbitrator fees will be conducted under the JAMS Comprehensive Arbitration Rules & Procedures, except as modified by these Terms or otherwise agreed to by you and CN in writing. The JAMS rules are available on its website at www.jamsadr.com. To the extent that this Dispute Resolution section conflicts with JAMS’s minimum standards for procedural fairness, the JAMS’ rules and/or minimum standards for arbitration procedures in that regard shall control. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or for the arbitrator’s award; and any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, or enforceability of these Terms including any claim that all or any part of these Terms are void or voidable. However, the preceding sentence shall not apply to the clause in this Dispute Resolution provision regarding the Class Action waiver.

Exception

Any claim or action for (i) indemnification, (ii) any violation of CN intellectual property rights, (iii) contribution, (iv) interpleader, or (v) injunctive relief arising out of a Claim shall not be subject to arbitration.

Survival

This arbitration provision shall survive termination of these Terms, including the termination of any relationship between you and CN.

Severability

If any provision of this Section is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable except that should the provision on class action waiver for any Claim be found to be unenforceable by a court of law, then the provision to arbitrate will not apply.

X. GENERAL PROVISIONS

Export Control

The Services are controlled and operated by CN from its offices within the United States. CN makes no representation that any Content, Software or other products in the Services are appropriate or available for use in other locations, and access to such materials or use of the Services from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If you use the Services from other locations, you are responsible for compliance with applicable local laws including, but not limited to, the export and import regulations of other countries. Your use of the Services, including our Software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any Software or Service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving United States origin products, including Services or Software.

Notices

CN may give notice to you by means of a general notice on the Services, at or after log-in to your Membership account, by electronic mail to your e-mail address in our records for your Membership, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your Membership. All notices given by you, whether or not required under these Terms, shall be emailed to support@castingnetworks.com; or sent to us by postal mail or courier at:

CASTING NETWORKS LLC
ATTN DISPUTE RESOLUTION
3250 WILSHIRE BLVD STE 1800
LOS ANGELES, CA 90010
USA

Any notices that you provide without compliance with this section shall have no legal effect.

Waiver

The failure of CN to partially or fully exercise any rights under these Terms, or the waiver of CN of any breach of these Terms by you, shall not prevent a subsequent exercise of such rights by CN or be deemed a waiver by CN of any subsequent breach by you of the same or any other condition of these Terms. The rights and remedies of CN under these Terms, its policies, and any other applicable agreement between you and CN shall be cumulative, and the exercise of any such right or remedy shall not limit CN’s right to exercise any other right or remedy.

Severability

If any part of these Terms, other than the Class Action waiver as set forth above, is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect.

Headings

Headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms.

Third Party Beneficiaries

These Terms do not create third party beneficiary rights enforceable by third parties.

Entire Agreement

These Terms, and the policies incorporated herein, are the entire agreement between you and CN. They supersede any and all prior or contemporaneous agreements between you and CN relating to your use of the CN Services.

Copyright © 2023, Casting Networks, LLC. All rights reserved.

Effective Date: December 13, 2023