Terms and Conditions

CastCaller Terms of Use Agreement (Updated March 12, 2017)

 

Acceptance of terms and conditions

The following are the terms on which we offer you access to our website and services. The CastCaller.com site and services are operated by Vicious Content Media Inc. By using the CastCaller.com website you agree to be bound by these Terms of Use, whether or not you register as a member of CastCaller.com. If you wish to become a Member and make use of the CastCaller.com service (the "Service"), please read these Terms of Use. If you object to anything in this Agreement or the CastCaller.com Privacy Policy, do not use the Website or the Service.

 

Changes to the terms and conditions

These terms and conditions may be changed by us from time to time. Changes will be effective immediately upon posting of the updated terms and conditions on this web site. You are responsible for ensuring you are familiar with the latest terms and conditions. Continuing to use the site represents your agreement to be bound by the terms and conditions as amended.

These terms and conditions (as amended from time to time) shall together with any other document specifically referred to herein form the entire agreement between us.

We recommend that you keep a copy of these terms and conditions for your own reference.

 

Our service

  • CastCaller.com operates a website which provides a service enabling advertisers such as production companies, advertising agencies, theatres, event promotion companies and Google Adsense to place classified advertisements.
  • Advertisers may choose to place advertisements, and applicants such as models, actors, dancers, photographers, musicians and applicants seeking casting calls within the entertainment industry may choose to apply to such advertisements, at which point CastCaller.com will forward the applicant's details to the advertiser or display further application instructions.

  • Subscribers to membership of the website can choose to make their personal information and photos public, contact and receive contact from other members of CastCaller.com.

  • By making your profile public, you acknowledge that any internet user visiting CastCaller.com may view your profile, including photos and showreels. Making your profile public will also make your profile accessible from search engines such as Google.

  • CastCaller.com is not responsible for the content, and makes no warranty as to the accuracy of the advertisements. Members should always use their own judgement in deciding whether or not to apply for any of the roles advertised on this site. We provide our service only for the purposes of providing listings for casting and auditions with third party advertisers. We shall not be liable under any circumstances for the actions of any advertiser of any role featured on this site.

  • CastCaller.com is not responsible for the content, and makes no warranty as to the accuracy of Members' personal information. Advertisers should always use their own judgement in deciding whether to contact, cast or audition members. We shall not be liable under any circumstances for the actions of any Member.

  • Submitting a casting call for placement on CastCaller.com is taken as consent to the use of your name, website, email, logo and casting call in marketing and promotional activities conducted by CastCaller (registered in Canada under company Vicious Content Media Inc.).

  • CastCaller.com services as described above are limited to providing advertisers with information about applicants seeking work in the entertainment business and to providing information about advertisers to such applicants. This service is the only work finding service provided by CastCaller.com and CastCaller.com is not connected to the advertisers or applicants save in respect of these terms and conditions.

 

 Paid and unpaid work

  • Whether your posting is for paid or unpaid work, you warrant that your posting and the job or audition advertised are not in breach of any relevant law from time to time in force including, but not limited to, the laws relating to the national minimum wage, employment rights and equality/diversity. You agree that it is your responsibility to meet all legal obligations towards those whom your posting is aimed at.

  • CastCaller.com reserves the right in its absolute discretion not to allow your advertisement to be posted on CastCaller.com or to remove your advertisement from our site if, in its reasonable opinion, the advertisement is in breach of national minimum wage legislation or any other legislation, including relating to employment rights and equality/diversity.

 

Liability

You agree that, to the maximum extent permitted by law, any and all liability and responsibility of CastCaller.com to you or any other person under or in connection with these terms and conditions, or in connection with the services, this web site, another member's acts or omissions, or your use of or inability to use, the services or this web site is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. CastCaller.com's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

 

Indemnity

You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your use of our services.

 

Breach

Without limiting any other rights and remedies available to CastCaller.com, we may limit your activities on the web site, remove your advertisements, remove your profile and files, issue a warning to you, suspend or terminate your membership, or refuse to provide our services to you if you breach these terms and conditions or where CastCaller.com considers it appropriate.

 

Membership restrictions

You may not use our services if:

  • You have ever been convicted of a violent or sexually related criminal offense.

  • You have previously been banned from using our services or are associated with someone who is banned from using our services.

  • You are directly or indirectly involved in the operation of a company that competes with our services.

 

CastCaller reserves the right to refuse or cancel any membership without explanation.

 

Responsibility for minors

This site is intended for persons aged 18 or over. You acknowledge that some parts of the CastCaller.com site may contain material that is inappropriate for minors. Minors who access this site are required to be supervised by a parent or guardian. Minors are not permitted to upload images of an adult nature.

 

Fees

We reserve the right to create, increase, or introduce new fees or charges at any time.

 

Intellectual Property

Materials contained on this website are protected under copyright and other laws of Canada and under international conventions and similar laws abroad. You are not permitted to use or reproduce or allow anyone to use or reproduce the name and logo of CastCaller.com for any reason without our express written permission.

 

Viruses

Although we take reasonable steps to prevent the introduction of viruses or other destructive materials to our website or on-line service, we do not guarantee that the service or materials that may be available from our website do not contain such destructive features. We shall not be liable for any damages or liability attributable to such features. If you use any materials available through this website, you do so solely at your own risk.

 

Site Access

Access to our site may be interrupted, restricted or delayed from time to time. We will not be liable for damages or costs in these circumstances.

 

Prohibitions

You are responsible for ensuring that no material you post, or which is posted through a machine on which you access CastCaller.com, nor any activity or communication you make in connection with any CastCaller.com service, will be capable of

  • Infringing the intellectual property, right to privacy, or other rights of any person or entity,

  • Breaching any applicable law, whether criminal, tortious or otherwise,

  • Being objectionable, within the meaning of the Films, Videos and Publications Classifications Act 1993,

  • Appearing to be offensive, threatening, harassing, obscene, pornographic, fetish, false, unreliable or misleading, or,

  • Being considered spam or unwanted advertising of products or services.

 

Applicable Law and Jurisdiction

The CastCaller.com website is operated and controlled from Canada. These terms and conditions and any agreements with CastCaller.com arising from our website are governed by the Canadian law. Any dispute arising in relation to these terms and conditions and any agreement arising from our website will be heard in Canada and resolved in accordance with the Canadian law.

 

CastCaller.com On-Line Restriction – Further Terms and Conditions

As part of our website you can register on line and sign up to apply for the various roles advertised. When you register to use the service, there are further terms and conditions that are set out below.

 

Inaccurate Information

All information provided to us must be complete and accurate information. If your information changes you will be responsible for providing us with the updated information. We shall not be held liable for any loss, damage or consequences as a result of inaccurate or incomplete information we receive from you.

 

Password and Sign in Security

You are responsible for any use of our on-line service with your password and protecting your password from unauthorized use. You are also responsible for the security of any computer where you choose to remain signed in to CastCaller.com.

 

Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because CastCaller.com has no control over such sites and resources, you acknowledge and agree that CastCaller.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that CastCaller.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.

 

Member contact

You agree that when you make your profile public or include your photo in the Talent Directory that CastCaller.com will publish your personal information and photos, and allow other members to contact you. You also agree that you will not use the contact system to send junk mail, spam, offensive messages, or for any purposes other than those directly related to auditions or casting calls. CastCaller.com will be the sole judge of any breach of the conditions of use. Any breach of these conditions can result in your membership being terminated and a permanent ban from the site. No refund will be given if you have breached the conditions of use.

 

Sharing your content and information

Any information submitted by you through the site may be read and used by CastCaller and utilized for marketing purposes indefinitely. Your Material may appear in google and other search engines. CastCaller can reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display your information (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in your information have been waived.

 

Privacy

Vicious Content Media Inc. (registered in Canada) collects personal information about you through your use of the services and the web site, including your registration details; and information relating to your use of the web site, the content you access, and any messages you send. You agree that CastCaller.com may use this personal information to assist us to provide the services to you, for internal research purposes, to verify your identity, for promoting and marketing other CastCaller.com products and services to you, and for any other use that you authorize. You agree that CastCaller.com may use your images, profile text and/or media files for the promotion of the website. You also agree when you choose to make your profile public or include your photo in the Talent Directory that CastCaller.com will publish your personal information and photos, and allow other members to contact you. You have the ability to access and correct your personal information at any time.

 

We will not sell your personal information without your consent, however you agree that CastCaller.com may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) where the law requires us to do so. Please review our privacy policy.