I. Service Description
The Website and Service serves the user, background performer casting personnel, producers, Service providers, and other employers by allowing the user to submit a general application to the Company containing relevant personal information including, but not limited to, photographs, personal characteristics, employment eligibility, contact information, and such other information as may be required or submitted by individuals in order to be considered for engagement as a background performer (collectively, “Information”). The purpose of the collection of this Information enables background performer casting personnel, producers, Service providers, and other employers to search for, select and cast users as background performers in film, television or other productions. Upon the selection of a user as a prospective background performer in a film, television or other production, the Company will retain said user’s Information and may contact selected users for potential casting in a current or future film, television or other production. You acknowledge and agree that the Company does not guarantee that you or any other applicant will be selected or engaged for use as a background performer in any film, television and/or other production. Users are further provided with access to information about the Company, as well as a host of related, interactive and other online experiences. We may augment, change, suspend, modify or discontinue any aspect of the Website or Service at any time without notice to you. We are not a talent agency and do not collect fees of any kind from the user.
II. Consent to the Collection, Use and Disclosure of Data
IV. Use of Website, Service and User Conduct
- You may not submit in your application violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content.
- With the exception of people or businesses that are expressly authorized to submit applications to the Company on behalf of their employers or clients, the Company prohibits the submission of and you agree that you will not submit an application for anyone other than yourself and that you will not submit more than one application for yourself. If it is discovered that you have submitted more than one application the Company has the right, but not the obligation to remove all of your applications and to remove you from consideration for potential casting as a background performer in film, television and/or other productions.
- You agree that you will not solicit, collect or use the Information of other users of the Company’s Service.
- You agree that in the event that you discover any breach of security, you will promptly notify us at firstname.lastname@example.org. You agree the Company is not responsible for your failure to comply with this clause, or for any delay in shutting down your access to the Website or Service after you have reported a breach of security to the Company.
- You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Service and your Information, including, without limitation, copyright laws.
- You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials that you submit to the Company.
- You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or the Company.
- You may not inject content or code or otherwise alter or interfere with the way any Website page is rendered or displayed in a user’s browser or device.
- You agree not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise disrupt or interfere with the Website, Service or servers or networks connected to the Website of Service in any manner, including, without limitation, by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature (collectively, “Interfere”). If you in any way Interfere with the Website, you agree to pay all damages incurred by the Company, including any consequential damages, and agree that the measure of harm to evaluate such damages will be the highest estimate of damages as provided for by the Company. Your Interference with the Website relieves the Company of any of its contractual and any other legal obligations to you. The Company will cooperate with the authorities in prosecuting any user who Interferes with the Website, attempts to defraud the Company through user’s use of the Website or Services.
- You must not submit applications to the Company through unauthorized means, including, but not limited to, by using an automated device, script, bot, spider, crawler or scraper, or any other similar device now known or hereafter devised.
- You acknowledge and agree that the Company is not a backup service and you will not rely on the Company for the purposes of backup or storage of your Information. The Company will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any of your Information. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Information may not be secure.
- We reserve the right to refuse access to the Website or Service to anyone for any reason at any time.
V. Intellectual Property
VI. Links to Third-Party Websites
We may offer hyperlinks on the Website to the websites of third parties. Such links are provided only as a convenience. We do not review the content of such websites, and neither endorse, nor are responsible for, any content, advertising, products, services or other materials on or available from such third party websites. You assume full responsibility for your use of third party websites. Such websites may be governed by terms and conditions different from those applicable to this Website, and we encourage you to review the terms and privacy policies of those third parties before using their websites.
You acknowledge and agree that your dealings with any third parties, including any merchants or advertisers linked to the Website, and all other terms, conditions, representations and warranties related to such dealings, are solely between you and such third parties. You agree that the Company will not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
VIII. No Warranties
YOUR USE OF OUR WEBSITE AND SERVICE IS AT YOUR SOLE RISK. ALL CONTENT AND USER CONTENT INCLUDED ON OR AVAILABLE THROUGH THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER THAT THE CONTENT IS ACCURATE, RELIABLE, FACTUAL OR CORRECT; THAT THE WEBSITE AND SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT YOUR ACCESS TO THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE CONTENT IS TIMELY, SECURE OR ERROR-FREE; OR REGARDING THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE COMPANY VIA THE SERVICE OR OTHERWISE.
Neither reference to a product or service by trade name, trademark, manufacturer, supplier or otherwise, nor a review of such product or service, constitutes or implies endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company. We do not sell, resell, or license any of the products or the services that we review, list, or advertise on the Website, and we disclaim any responsibility for or liability related to them.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
IX. Disclaimer / Limitation of Liability
Although we strive to update and keep accurate as much as possible the SERVICE OR content contained on the Website, errors and/or omissions may occur. BY ACCESSING THE WEBSITE AND SERVICE, YOU UNDERSTAND YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.
UNDER NO CIRCUMSTANCES WILL WE, OR ANY RELEASED PARTY, BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF OUR WEBSITE OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE COMPANY AND THE RELEASED PARTIES DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND OTHER LEGAL EXPENSES) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF OUR WEBSITE, SERVICES, OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, (A) ANY ERRORS IN, OR OMISSIONS FROM, OUR WEBSITE, SERVICES AND THE CONTENT; (B) ANY THIRD-PARTY WEBSITES, CONTENT AND/OR SERVICES DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS FROM OUR WEBSITE; (C) THE UNAVAILABILITY OF OUR WEBSITE, SERVICES OR ANY PORTION THEREOF; (D) YOUR USE OF, OR INABILITY TO USE, OUR WEBSITE OR SERVICES; (E) ANY ERRORS IN, OMISSIONS FROM, OR IDEAS, INFORMATION AND/OR OPINIONS CONTAINED IN USER CONTENT ON THE WEBSITE; (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH OUR WEBSITE; OR (G) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR COMPUTER VIRUSES, WORMS OR TROJAN HORSES, ANY OTHER TYPE OF DESTRUCTIVE OR MALICIOUS COMPUTER CODE (BY WHATEVER NAME IT IS CALLED), OR ANY UNAUTHORIZED COMPUTER CODE THAT IS ATTACHED TO, OR MADE A PART OF, OR UNAUTHORIZED ACCESS TO, OUR WEBSITE BY ANY PERSON, GROUP OR ORGANIZATION. Some jurisdictions do not allow exclusion or limitation of CERTAIN damages. ACCORDINGLY, the EXCLUSIONS AND/OR limitations above may not apply to you.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO CIRCUMSTANCE WILL LIABILITY EXCEED THE AMOUNT PAID FOR A GIVEN SERVICE.
Except as explicitly stated otherwise or as required by law, you will provide any notices to the Company by contacting us in writing at the following address:
4021 Hastings Street
XI. Governing Law and Forum
XII. Entire Agreement and Assignment
Last Updated: January 25, 2018