Terms & Conditions
Welcome to the Casting-Spot.com, owned and produced by Casting-Spot.com
READ THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE REGISTERING OR SUBMITTING ANY PERSONAllY IDENTIFIABLE INFORMATION.
BY INDICATING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, YOU ("SUBSCRIBER") ACKNOWLEDGE AND AGREE TO BE BOUND BY THE PROVISIONS OF THIS AGREEMENT FOR THE USE OF THE Casting-Spot SERVICES ("SERVICES") PROVIDED BY Casting-Spot . IF SUBSCRIBER IS NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, SUBSCRIBER SHOULD PROMPTLY EXIT FROM THIS WEB SITE.
IF A SUBSCRIBER IS NOT OF AGE, OR IS OTHERWISE UNABLE BY LAW TO BE A PARTY TO THIS AGREEMENT, SUBSCRIBER ACKNOWLEDGES THAT Casting-Spot IS PROVIDING THE SERVICE WITH THE IMPLICIT UNDERSTANDING THAT SUBSCRIBER'S LEGAL GUARDIAN IS NOT OPPOSED TO SUBSCRIBER'S USE OF THE SERVICE. Casting-Spot RESERVES THE RIGHT TO DISCONTINUE SERVICES IN THE EVENT SUBSCRIBER DOES NOT OTHERWISE COMPLY WITH THE TERMS AND CONDITIONS CONTAINED HEREIN.
Grant of Right to Use Services
* Effective upon acceptance of this Agreement, Casting-Spot hereby grants to Subscriber a nonexclusive, nontransferable, free-of-charge license to access and use the Services, for Subscriber's use.
* Subscriber shall have no right to sell use of the Services nor make any claim that it does have such right.
* The Services will allow Subscriber to post, modify, and delete a personal biography on the Casting-Spot web site and server.
* Subscriber is solely responsible for obtaining all equipment and approvals necessary for connection to the World Wide Web and all charges associated with such connection, including but not limited to obtaining a PC and modem, having access to the World Wide Web and phone service charges.
* Casting-Spot shall retain all right, title and interest to the Services including all copyrights, trademarks and all other intellectual property rights there to.
* Subscriber may not, nor allow any third party, to copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services for any purpose whatsoever.
* The copyright notices and other proprietary legends shall not be removed from the Services and no use of trademarks is granted under this Agreement.
* Subscriber may not grant any sublicense, leases or other rights in the Services to any third party. All rights not expressly granted under this Agreement are retained by Casting-Spot.
* Subscriber will provide all relevant data to Casting-Spot upon signing up for the Services and at subsequent times as requested by Casting-Spot.
* Subscriber acknowledges that Casting-Spot may distribute the registration data to third parties, provided, these parties are verified members of the casting community. Subscriber's name, address (home and email) and telephone number will not be openly distributed, unless required by law, or in the event Subscriber grants Casting-Spot the right to provide that information.
* Subscriber shall update the registration data as applicable.
* Upon completion of all registration information and acceptance of this Agreement, Subscriber will receive a username and password.
* Subscriber is solely responsible for the maintaining the confidentiality of Subscriber's username and password.
* Subscriber shall not give account information to third parties and shall at all times be responsible and liable for any transactions or activities that occur on Subscriber's account.
* Subscriber shall immediately notify Casting-Spot if any unauthorized use of Subscriber's account has occurred or of any other breach of security.
* Either party may terminate this Agreement upon notice to the other party.
* Upon termination, Subscriber shall immediately cease to use the Services and Casting-Spot shall have no further obligations whatsoever to Subscriber.
* Casting-Spot shall not be liable to the Subscriber or any third party for any reason for Casting-Spot's terminating this Agreement.
* All sales are final. Refunds are not available.
If your check, bankcard (debit or credit) charge or other instrument of electric transfer used to pay Casting-Spot is dishonored, refused or returned for any reason, Casting-Spot reserves the right to electronically debit your account for the amount of the attempted payment, plus a processing fee of $15.00 plus any applicable sales tax. Your bank account may be debited as early as the same day such initial payment is dishonored, refused or returned. The charge that will appear on your credit card statement will be "Casting-Spot "
We are grateful that chargebacks are rare, but we take this issue seriously. Anyone who orders a product then attempts to do a chargeback ceases to be a customer of Casting-Spot, Inc. All references to a "chargeback" refer to a reversal of a credit/debit card charge placed with Casting-Spot . Fraudulent chargebacks may be turned over to a law enforcement or collection agency. There is no reason for a chargeback to ever be filed. If you feel that your credit/debit card was used fraudulently on this web site, please contact us for immediate resolution.
You agree that you will not chargeback any amounts charged to your credit/debit card by Casting-Spot . If you place a chargeback with your credit card company (on purpose or by mistake) for a payment initiated by you, there will be a $50.00 research fee charged to your account to cover our investigative expenses. Casting-Spot, Inc. may recover the amount of the chargeback in addition to the $50.00 research fee by any means deemed necessary, including but not limited to recharging your credit/debit card or having the amount recovered by a collection agency. If you do not remember making the purchase contact us before calling your bank. We log IP strings on all orders. Any orders coming back as a chargeback due to fraudulent activities will be diligently pursued through your local jurisdiction for prosecution to the fullest extent of the law.
* THE SERVICES LICENSED HEREUNDER ARE LICENSED "AS IS" AND "AS AVAILABLE" AND Casting-Spot MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF. Casting-Spot MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES SHALL BE BORNE SOLELY BY SUBSCRIBER.
* Casting-Spot MAKES NO WARRANTY THAT THE SERVICES WILL MEET SUBSCRIBER'S REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED.
* Casting-Spot DOES NOT MAKE ANY WARRANTY PERTAINING TO ANY GOODS OR SERVICES PURCHASED, OBTAINED, SECURED OR ACQUIRED THROUGH THE SERVICES OR ANY TRANSACTION ENTERED INTO THROUGH THE SERVICE.
* Casting-Spot DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES. SUBSCRIBER ACKNOWLEDGES THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES ARE AT SUBSCRIBER'S SOLE RISK AND DISCRETION AND Casting-Spot WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER OR SUBSCRIBER'S PROPERTY.
Limitation of Liability
IN NO EVENT SHALL Casting-Spot BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. Casting-Spot'S LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL NOT EXCEED THE LICENSE FEE PAID BY SUBSCRIBER FOR THE SERVICES, IF ANY.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this Section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Subscriber shall indemnify and hold harmless Casting-Spot, its directors, officers, employees and agents from and against all liabilities, losses, costs, expenses (including reasonable attorneys' fees), and damages resulting from any negligent acts, omissions or willful misconduct by Subscriber, Subscriber's use of the Services and any breach of the terms and conditions of this Agreement by Subscriber.
By registering with Casting-Spot or subscribing to any Casting-Spot service, you grant Casting-Spot permission to copy, print, publish, and/or display, by or on an physical or electronic medium, any and all information including, but not limited to, personal descriptions, contact information, and photographs, provided to Casting-Spot at any time including at registration and any subsequent updates or modifications whether the information is provided via online forms or physical delivery.
While Casting-Spot guarantees the information you provide will be included in Casting-Spot's talent database, Casting-Spot can not however, guarantee that talent agents, casting directors, or other members of the film industry will use or view the database. Casting-Spot can not guarantee you will receive work through our services. Thus, we regret that refunds are not available. All sales are final. Further, Casting-Spot is not responsible for lost, damaged, incomplete, illegible, misdirected or postage due mail.
Information on this web site may contain inaccuracies or typographical errors. Information and pricing may be changed or updated without notice.
Modification to Services
* During the term of this Agreement, Casting-Spot may modify or discontinue the Services.
* Casting-Spot shall not be liable to the Subscriber or any third party for any reason for Casting-Spot's modifying or terminating of such Services.
* The Subscriber is responsible for creating a back-up copy of any important or critical information that is stored on the Services.
Modification to Agreement
Casting-Spot reserves the right to change the terms and conditions and conditions of this Agreement. Subscriber shall be informed of such changes.
* If the Subscriber accepts the changes, the changes shall be incorporated into this Agreement and shall be binding upon the Subscriber.
* If the Subscriber does not agree to the changes, this Agreement will terminate and Subscriber shall immediately stop using the Services.
Rules and Regulations
* Subscriber shall be solely liable for any transmissions sent through or posted on the Service. Casting-Spot has no control over the content of any posting or transmission nor will it be liable for such content.
* Subscriber shall not use the Services to create or distribute any images, sounds, messages or other materials, which are obscene, harassing, racist, malicious, fraudulent or libelous, nor use the Services for any activity that may be considered or are unethical, immoral, or illegal.
* Further, Subscriber will abide by all rules, regulations, procedures and policies of Casting-Spot and any policies of the networks connected to the Services.
Subscriber agrees to abide by all applicable local, state, national and international laws and regulations and is solely responsible for all acts or omissions that occur under Subscriber's account or password, including the content of Subscriber's transmissions through the Service.
By way of example, and not as a limitation, Subscriber agrees not to:
* Use the Service in connection with chain letters, junk email, voicemail, faxes, spamming or any duplicative or unsolicited messages (commercial or otherwise);
* Harvest or otherwise collect information about others, including email addresses, without their consent;
* Create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
* Transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
* Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
* Transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
* Violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Service;
* Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
* Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
* Interfere with another member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
Third Party Advertisers
* Subscribers may enter into transactions with advertisers on the Services.
* Such transactions are between Subscriber and advertisers and Casting-Spot has no connection with any such transaction.
* Casting-Spot assumes no liability for any such transactions.
*Client specifically agrees not to engage in negative comments or slander regarding Casting-Spot.com, including but not limited to publishing, or causing to be published, complaints or derogatory comments regarding Casting-Spot.com in any format, including but not limited to, print, newspaper, television, radio or on internet complaint sites, blogs or other public internet forums. Should there be a breach of this condition Casting-Spot.com will be entitled to liquidated damages in the amount of $2,500.00 for each publishing or posting. If said breach occurs on an internet complaint site each Casting-Spot.com to that website will be considered an individual breach of this condition, and subject to additional liquidated damages of $100 per occurrence. Further, Casting-Spot.com shall be entitled to litigate this matter, and obtain the money damages together with injunctive relief. Casting-Spot.com reserves the right to terminate any account for any negative postings made by the account owner or its representatives, or employees.
Information on this web site may contain inaccuracies or typographical errors. Information and pricing may be changed or updated without notice.
* This Agreement merges all prior written and oral communications and defines the entire agreement of the parties concerning the Services.
* In the event any portion of this Agreement shall be held illegal, void, or ineffective, the remaining portions hereof shall remain in full force and effect and such illegal, void or ineffective provisions shall be construed, as nearly as possible, to reflect the intentions of the parties.
* All notices under this Agreement shall be in writing and delivered by email.
* This Agreement shall be construed in accordance with the laws of the State of Nevada without regard to its conflict of laws provisions. Both parties submit to the jurisdiction of the state and federal courts of Nevada.
* Subscriber agrees and acknowledges that any breach of the provisions regarding ownership contained in this Agreement shall cause Casting-Spot irreparable harm and Casting-Spot may obtain injunctive relief as well as seek all other remedies available to Casting-Spot in law and in equity.
* Subscriber shall not assign its rights under this Agreement. This Agreement shall be binding on and inure to the benefit of the parties, their successors, permitted assigns and legal representatives.
* The failure of Casting-Spot to exercise its rights under this Agreement will not be construed as a waiver of such rights, nor will it in any way affect the validity of this Agreement. Sections 5, 6 and 7 shall survive termination or expiration of this Agreement for any reason.
* The U.N. Convention for the Sale of Goods shall not be applicable to this license of the Services to Subscriber. Subscriber acknowledges that Subscriber will comply with the laws and export regulations of the United States.
7080 Hollywood Blvd, Suite 1009
Hollywood, CA, 90028
IF YOU WOULD LIKE ANOTHER OPPORTUNITY TO REVIEW THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE SCROLL TO THE TOP OF THIS WEB PAGE. IF YOU DO NOT ACCEPT - PROMPTLY EXIT FROM THIS WEB SITE.