1. General Casting Advisor (the "Company"), a meeting place for actors ("Actors") and casting directors ("Casting Directors") online, (collectively known as "Member") By using the Castingadvisor.com Website, (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a Member of Castingadvisor.com If you wish to become a Member and make use of the Castingadvisor.com service (the "Service"), please read these Terms of Use. If you object to anything in this Agreement or the Castingadvisor.com Privacy Policy, do not use the Website or the Service. The Terms of Use are subject to change by Castingadvisor.com at any time, your use of the Service will constitute acceptance by you of such changes. 2. Eligibility You must be at least thirteen (13) years of age use the Website. Those persons under (13) years of age may use the Website if an affidavit by a legal guardian is submitted on your behalf. The Member and guardian are then both bound to the Term of Use. Membership in the Service is void where prohibited by law. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement 3. Non-commercial Use by Members The Website is for the personal use of individual Members, i.e. Actors and Casting Directors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of Castingadvisor.com, which may be revoked at any time, for any reason, in Castingadvisor.com's sole discretion. 4. Account Username and Password You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to immediately notify Castingadvisor.com of any unauthorized use of your username or password or any other breach of security. Castingadvisor.com and any affiliates will not be liable for any loss or damage arising from your failure to comply with this provision. 5. Proprietary Rights of Content a) Casting Advisor owns and retains other proprietary rights in the Website and the Service. The site contains the copyrighted material, trademarks, and other proprietary information of Casting Advisor, and its licensors. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. b) Castingadvisor.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Castingadvisor.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members. 6. Submissions and Postings a) You are solely responsible for the Content (Photos, Video Clips, Written Words) that you publish or display (hereinafter, "Post") on the Service, or transmit to other Members. You will not post on the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other Member. If information provided to Castingadvisor.com, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify Castingadvisor.com of such change. b) You understand and agree that Castingadvisor.com may review and delete any content, postings, double-blind emails, photos or video clips (collectively, "Content"), in each case in whole or in part, that in the sole judgment of Castingadvisor.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members. c) By posting Content to the Service, you automatically grant to Castingadvisor.com and its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You represent and warrant that public posting and use of your content by Castingadvisor.com will not infringe or violate the rights of any third party. You also agree to indemnify, defend and hold Castingadvisor.com harmless for any liability arising due to the use or distribution of those materials. d) The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Castingadvisor.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to: Photos or video clips that are pornographic in nature; Casting ads that seek Actors for use in pornographic endeavors; - Anything patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; - Anything that harasses or advocates harassment of another person; - Anything involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; - Promoting information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; - Posting an illegal or unauthorized copy of another person's copyrighted work, photos, or video clips; - Web links that redirect to third party sites; - Soliciting passwords or personal identifying information for commercial or unlawful purposes from other users; and - Engaging in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes. e) Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations. f) You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although Castingadvisor.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. g) All information you include in your Member Profile must be accurate, current and complete. 7. Copyrights and Representation a) You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". b) You indemnify, defend and hold harmless Castingadvisor.com, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any breach by you of this Agreement. 8. Warranties The Member expressly agrees that the use of the Service is at the Members sole risk. Castingadvisor.com does not guarantee the marketability of an Actor nor a Casting Directors posting. 9. Subscription Fees a) Castingadvisor.com bills you through an online account (your "Billing Account") for use of the Service. You agree to pay Castingadvisor.com all charges at the prices then in effect for any use of the Service by you and you authorize Castingadvisor.com to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. Castingadvisor.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. b) Recurring Billing. Most subscription plans to the Service consist of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. c) Current Information Required. You must provide current, complete and accurate information for your billing account. If you fail to provide such information you agree that Castingadvisor.com may continue charging you for use of the Service unless you have cancelled the Service in writing. d) Usage and/or subscription fees were provided to you upon registration and may change from time to time however any new billing plan will not be charged to you until your current billing plan's cycle ends. 10. Modifications to Service Castingadvisor.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Castingadvisor.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 11. Disclaimers a) You are solely responsible for your interactions with other Castingadvisor.com Members. Castingadvisor.com reserves the right, but has no obligation, to monitor disputes between you and other Members b) Castingadvisor.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Castingadvisor.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Castingadvisor.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Castingadvisor.com or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Castingadvisor.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Castingadvisor.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service. 12. Termination a) This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership and/or subscription at any time, for any reason, by emailing a notice of termination to customercare@Castingadvisor.com. If you terminate your subscription, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination). Castingadvisor.com may terminate your membership and/or subscription by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Castingadvisor.com. b) If Castingadvisor.com terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Castingadvisor.com. Castingadvisor.com is not required to provide you notice prior to terminating your membership and/or subscription. Castingadvisor.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. 13. Jurisdiction and Choice of Law If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York for the resolution of any such dispute. 14. Other This Agreement contains the entire agreement between you and Castingadvisor.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
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