1. About Casting Networks Australia Pty. Ltd.
Castingnetworks.com.au (the “Site”) is operated by Casting Networks Australia Pty. Ltd. (“Casting Networks”, “we”, “our”, or “us”) and provides a range of content hosting and communication services, to allow Talent (as defined herein) to connect with talent agents, managers, casting directors, and other professionals rendering professional services in motion picture, theatrical, radio, television and other entertainment enterprises (“Services”).
CASTING NETWORKS IS NOT ENGAGED IN THE OCCUPATION OF PROCURING, OFFERING, PROMISING, OR ATTEMPTING TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR TALENT.
A “Visitor” is someone who accesses and browses through the Site. A “Member” is someone who has registered with the Site. Valid and accurate completion of the registration process leads to “Membership.” Visitors and Members are referred to collectively as “Users.”
If you do not want to conclude the Agreement, do not become a User, do NOT register with the Site, and do not access, view, download or otherwise use any portion of the Site, information or Services.
3. Applicable laws and updates to this Agreement
You are only authorized to use the Site if you agree to abide by all applicable laws and this Agreement, as may be amended from time to time.
4. You may use the Site:
- as an actor, model, dancer, voice talent or other artist (“Talent”);
- as a band or performance troupe of two or more members (a “Group”);
- as the professional representative (e.g. a talent agent or manager) of a touring or display property such as a car, an animal such as a cat or dog, a Talent, or a Group; or as a casting director; or on behalf of a company or other legal entity such as an agency, management company, casting director, or production company (each, an “Industry Professional Entity”)
If you are using the Site on behalf of an Industry Professional Entity or other organization, which may have a separate agreement with us, you are nevertheless individually bound by this Agreement as an individual User.
To be eligible for Membership, you must meet the following criteria and you represent and warrant that you:
- are of the age of majority in your country of residence or
- are Talent, a Group, or an Industry Professional Entity meeting the criteria established by us to qualify for membership as set forth in this Agreement or in any legal notice or
- are the Registering Adult (as defined in “Special Note About Minors”) registering and maintaining a Membership on behalf of a minor;
- are not currently restricted from using the Services or not otherwise prohibited from being a User;
- have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party or any applicable law;
- are not a competitor of Casting Networks or are not using the Site for reasons that are in competition with Casting Networks;
- will respect and not violate any rights of Casting Networks, including Casting Networks' copyrights, trade mark rights, and other intellectual property rights; and
- are solely responsible for any and all equipment, software, and Internet access necessary to use the Site and any associated costs.
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 sensitive, personal, information such as height, weight, racial and/or ethnic background, and pictures (collectively, “Registration Information”).
By using the Site, you represent and warrant that: (i) all Registration Information you submit is truthful, accurate, current and complete; (ii) you will maintain the accuracy of such Registration Information by updating and revising it promptly; and (iii) your use of the Site does not violate any applicable law or regulation.
In the event you are an Industry Professional Entity providing Registration Information on behalf of Talent (that is, any actor, director, writer, model or other artist you represent or on whose behalf you work), you warrant and represent that you have full authority to represent such Talent and provide us with the Registration Information and any other personally identifying information of such Talent, including a valid parent/guardian authorization where required by law.
You authorize Casting Networks to make any inquiries, either directly or through third parties, that we consider necessary to validate your Registration Information. Casting Networks 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 Casting Networks cannot guarantee the accuracy of any information submitted by any User of the Site, including any identity information about any User.
Special note about minors
We do not allow Talent or members of Groups who are under the age of majority in their country of residence (a “minor”) to directly establish their own profiles on the Site. All Users who are minors may only post profiles on the Site if they are represented by an adult talent agent or other Industry Professional Entity, parent or legal guardian who has registered on their behalf and who maintains the profile on their behalf (“Registering Adult”). We reserve the right to add special protections, including to track and record visits/views, for the profiles and/or Membership accounts of Users who are minors for security purposes.
Although we cannot absolutely control whether minors gain unauthorized access to our Site, your profile may be deactivated and your Membership may be terminated without warning if we believe that you are a minor in your country of residence and we do not have satisfactory proof or assurances that your Membership is maintained on your behalf by a Registering Adult.
6. Membership security and unauthorized use
You are fully responsible for all activities conducted through your Membership. 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 agree not to use another Member’s account or password at any time, not to let an unauthorized third party use your membership, and not to 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 password. Your disclosure of your password to any other person is entirely at your own risk.
Although Casting Networks will not be liable for your losses caused by any unauthorized use of your Membership, you may 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 account or prove that your account security was compromised due to no fault of your own.
Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
If you are an Industry Professional Entity, you warrant that:
A. you are expressly authorized by Talent or the members of a Group to provide their personal information to us; and
CASTING NETWORKS IS NOT RESPONSIBLE FOR ANY THIRD PARTY’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU TRANSMIT TO OR POST ON THE SITE.
You acknowledge, consent and agree that we may access, preserve, and disclose your Registration Information and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of a third party, whether or not such third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of the Site, our Users or the public.
However, if your Membership is terminated per Section 18 on “Suspension and termination” as a result of your breach of this Agreement (including failure to pay fees when due), your access will be terminated with or without notice and you shall not be entitled to the refund of any unused portion of fees.
Subject to your compliance with this Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to access through a generally available web browser or mobile device (but not through scraping, spidering, crawling or other technology or software used to access or harvest data without the express written consent of Casting Networks), view information and use the Site and the Services, as we intend such information, the Site and the Services to be accessed, viewed and used. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Site and all related items.
Casting Networks will allow you access to the Site as it may exist and be available on any given day, and we have no other obligations, except as expressly stated in this Agreement. We have the right at any time for any reason or no reason to interrupt availability of some or all aspects of the Site, suspend or terminate your Membership per the section on “Suspension and termination”, terminate this Agreement, and/or modify, replace, refuse access to, suspend or discontinue any and all current or future access to and use of the Site or the Services in whole or in part, or change or modify our fees for all or part of the Paid Services in our sole discretion, without notice or liability to you. Any such change shall be effective upon posting on the Site or by direct communication to you unless otherwise noted.
You agree that Casting Networks will not be liable for any interruption of the Site, delay or failure to perform, and you understand that except as may be otherwise specifically provided for in this Agreement, you shall not be entitled to any refunds of fees for interruption of service or failure to perform.
Casting Networks further reserves the right to withhold, remove and or discard any Content available as part of your Membership account, with or without notice, if deemed by Casting Networks to be contrary to this Agreement. For avoidance of doubt, Casting Networks has no obligation to store, maintain or provide you a copy of any Content that you or other Users provide when using the Site.
11. Notifications and service messages
For purposes of service messages and notifications about the Site to you, notice shall consist of an email from Casting Networks to an email address associated with your Membership account, even if we have other contact information. You also agree that Casting Networks may communicate to you about your Membership account or Services you have requested through your Membership account or through other means including email, mobile number, telephone, or delivery services including the postal service. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Site or your Membership account.
12. Non-commercial use
The Site is 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. Illegal and/or unauthorized use of the Site, including collecting names and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site is prohibited. Commercial advertisements, affiliate and third party links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership, in our sole discretion. Appropriate legal action may be taken for any illegal or unauthorized use of the Site.
13. Links to Third Party Sites
You acknowledge that: (i) by using the Site 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 Casting Networks (“Casting Networks Content”), or owned or licensed by Users.
You acknowledge that Casting Networks, Casting Networks’ licensors, and Users have rights in their respective Content under copyright and other applicable laws and treaty provisions, and that except as described in this Agreement, such rights are not licensed or otherwise transferred to you by mere use of the Site or a given Service. You accept full responsibility and liability for your use of any Content in violation of any such rights.
You understand that when using the Site, you will be exposed to Content from a variety of sources, and that Casting Networks is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. While users are obligated and permitted to post only accurate 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, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Casting Networks with respect thereto.
You retain copyright and other intellectual property rights with respect to the Content that you submit or transmit to or display on or through the Site or any Service, to the extent that you have such rights under applicable law.
You may request the deletion of your Content at any time by contacting us at firstname.lastname@example.org; however, if you have shared Content with others, Casting Networks has no control over their ability to store, copy, redistribute, or otherwise access or use your Content. Further, you acknowledge that removed Content may persist in backup copies for a reasonable period of time (but will not be available to others) and/or on third-party sites over which Casting Networks has no control.
THE FOLLOWING RIGHTS AND LICENSES THAT YOU GRANT TO CASTING NETWORKS SOLELY APPLY TO, AND ARE ONLY IN CONNECTION WITH, CASTING NETWORKS’ SITES, SERVICES, BUSINESS, SUCCESSORS, AND ASSIGNS.
Unless and until you request deletion of your Content as provided and subject to the provisions herein, by submitting, transmitting, or displaying your Content to or through any area of the Site or Services, you automatically grant to Casting Networks (and you represent and warrant that you have the right to grant) a worldwide, sublicenseable, assignable, perpetual, non-exclusive, fully paid-up and royalty-free, limited right and license to use, reproduce, publish, distribute, publicly display and perform, reformat, modify and delete your Content.
You understand and agree that the rights and licenses you grant to us above, include a right for us to make your Content available for viewing by other Users, and that, in performing the required technical steps to provide the Site and the Services to our Users, we may modify or adapt your Content in order to transmit, display or distribute it over computer networks, in various media and to devices.
THIS LIMITED LICENSE DOES NOT GRANT CASTING NETWORKS THE RIGHT TO SELL OR OTHERWISE DISTRIBUTE YOUR CONTENT OUTSIDE OF THE SITE OR SERVICES WITHOUT YOUR PRIOR WRITTEN CONSENT.
You also understand and agree that: (a) you are solely responsible for understanding and complying with all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Content hereunder; (b) you are solely responsible for, and Casting Networks will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Site, including without limitation any legal consequences relating to your intellectual property rights; and (c) Casting Networks’ acknowledgement hereunder of your intellectual property rights in your Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of Casting Networks’ intention not to require Users of the Site to forego certain intellectual property rights with respect to Content they submit, transmit, or display, subject to the terms of this Agreement.
By providing Content to us, you represent and warrant that you own such Content or otherwise have the right to grant us the license set forth in this section; that the Content is accurate and not confidential; and the submission, transmission, posting and use of your Content on the Site 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).
You agree that, even though you may retain certain copyright or other intellectual property rights with respect to Content you upload while using the Site, you do not own the Membership you use to access the Site, nor do you own any data Casting Networks stores on Casting Networks’ servers (including without limitation any data representing or embodying any or all of your Content). Your intellectual property rights do not confer any rights of access to the Site or any rights to data stored by or on behalf of Casting Networks.
You may access and use Content only as permitted under this Agreement, including, without limitation, complying with the User Code of Conduct. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
All right, title and interest in and to the Site (including Casting Networks’ own Content) and Services is and will remain the exclusive property of Casting Networks and its licensors. The Site and Services are protected by copyright, trademark, patent, trade-secret and other laws of Australia, the United States and foreign countries. We hereby grant you a limited, revocable, non-sublicenseable license to reproduce and display the Casting Networks Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Services. Casting Networks reserves all rights not expressly granted in and to the Casting Networks Content and the Site. Any feedback, comments, ideas, concepts or suggestions you may provide regarding the Site or Services is entirely voluntary, and we will be free to use such feedback, comments, ideas, concepts or suggestions for any purpose whatsoever, in any media, throughout the world and in perpetuity, and without any compensation, attribution or other obligation to you.
15. Software use restrictions
You acknowledge that any software and related documentation that may be available to download from the Site (the "Software") is a copyrighted work owned or licensed by a Casting Networks Party (as defined herein), and that you do not acquire any ownership rights by downloading the software. You agree that your use of the Software is governed by the terms of the license agreement 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 THE AUSTRALIAN CONSUMER LAW IN SCHEDULE 2 TO THE COMPETITION AND CONSUMER ACT 2010 (Cth) ("ACL") OR OTHER APPLICABLE LAW, EXCEPT 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.
16. User code of conduct
- Use the Services in a professional manner;
- Provide complete and accurate Registration Information to us and update it as necessary;
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, decency and obscenity laws, export control laws, tax laws, and regulatory requirements;
- Review and comply with notices sent by Casting Networks concerning the Site and Services.
- Take any action or upload, post, e-mail or otherwise transmit Content that infringes or violates any third party rights or violates any law or regulation;
- Impersonate any person or entity without their consent, including, but not limited to, a Casting Networks employee, contractor, agent, or representative or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Transmit, post, or e-mail any misleading or false professional opportunities in your profile or elsewhere on the Site;
- Abuse the Site messaging services;
- Include information in your profile or elsewhere on the Site that reveals your or any other individual’s identity or sensitive personal information or information that is confidential in nature, such as government identifiers like Social Security numbers, , or Medicare numbers except where you have voluntarily provided it to us in the optional, designated fields for that information or where its collection is required by law.
- Create a Membership profile for anyone other than a natural person except as expressly permitted by the terms of this Agreement;
- Make unauthorized use of any trademarks, service marks, or logos owned by Casting Networks Australia Pty. Ltd. or any related corporation of Casting Networks (each a, “Casting Networks Trademark”), including, without limitation, using a Casting Networks Trademark in any business name, email, or URL, or posting or displaying a Casting Networks Trademark on any website without express prior authorization;
- Adapt, modify or create derivative works based on the Site or technology underlying the Site or Services, or any Content or other materials therein, in whole or part;
- Utilize information, Content or any data you view on and/or obtain from the Site on any Third Party Site, including, without limitation, to provide any service that is competitive, in Casting Networks' sole discretion, with the Site or the Services;
- Attempt to or actually transmit or post a link to another website within your Membership profile or anywhere else on the Site;
- Take any actions or upload, post, e-mail or otherwise transmit Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- 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 that Casting Networks considers in its sole discretion to be of such nature;
- Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- Attempt to or actually override any security component included in or underlying the Site;
- Attempt to or actually access the Site or any Member’s Membership account or password, except as expressly permitted by the terms of this Agreement and/or other than through the interfaces provided by the Site;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other Services contained in the Site;
- Collect, use, rent, lease, trade, share or transfer any information, including but not limited to, personally identifiable information, obtained from the Site or of non-Users, except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
- Take any action or upload, post, e-mail or otherwise transmit Content or any other communication to another User that, as determined by Casting Networks in its sole discretion, causes tort, is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; and
- Stalk, abuse or attempt to abuse, or otherwise harass, as determined by Casting Networks in its sole discretion, another User or any Casting Networks Party (e.g., a Casting Networks employee). Any violation by you of the terms of the foregoing sentence may result in immediate and permanent suspension or cancellation of your Membership without notice; or
- Engage in any other behavior that Casting Networks, in its sole discretion, deems contrary to its purpose.
You agree that Casting Networks may take whatever steps it deems necessary to abridge, or prevent behavior of any kind on the Site that violates this Agreement in Casting Networks' sole discretion, without notice to you.
Casting Networks 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 on the Site by emailing email@example.com.
Casting Networks is a service provider, which means, among other things, that we do not control each and every aspect of the Site. You acknowledge that Casting Networks is a service provider that may offer Users opportunities to interact on and through the Site regarding topics and content chosen by other Users. Generally, we do not regulate Users’ interactions with the Site or communications with each other on the Site. As a result, we have limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Site.
You are solely responsible for your interactions with other Users. Casting Networks may limit the number of interactions you may have with other Users through the Site or views of Membership profiles, and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Site. Casting Networks reserves the right to terminate your Membership account if we determine, in our sole discretion, that doing so is necessary to enforce this Agreement.
As a condition of access to our Site, you release Casting Networks Australia Pty. Ltd., and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors (each a “Casting Networks Party” and collectively, the “Casting Networks Parties”) 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 way connected with any dispute you have or claim to have with one or more Users of the Site.
You further understand and agree that: (i) Casting Networks will have the right but not the obligation to resolve disputes between Users relating to the Site, and Casting Networks’ resolution of any particular dispute does not create an obligation to resolve any other dispute; (ii) to the extent Casting Networks elects to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the Site and will not make judgments regarding legal issues or claims; (iii) Casting Networks’ resolution of such disputes will be final with respect to the Site, but will have no bearing on any real-world legal disputes in which Users of the Site may become involved; and (iv) you hereby release the Casting Networks Parties 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 way connected with Casting Networks’ resolution of disputes relating to the Site.
How to terminate your Membership account
This Agreement shall remain in full force and effect while you use the Site or are a Member. You may cancel your Membership at any time, for any reason, by contacting us at firstname.lastname@example.org. Termination of your Membership will be effective upon the Site processing your request.
On your election to cancel, your Membership will generally be cancelled within 2 business days; however, if you have paid for access to certain Paid Services in advance through a specific date, you will be permitted to access and use those Paid Services through that date.
Only Casting Networks or the party paying for the Paid Services on your behalf may terminate your access to any Paid Services. Termination of your Membership account includes disabling your access to the Site and may also bar you from any future use of the Site.
Casting Networks may suspend, terminate or cancel this Agreement or your Membership at any time, for any or no cause, without warning. Such suspension, termination, or cancellation shall be effective immediately or as may be specified in any notice.
In addition, and without limiting the foregoing, Casting Networks may, at its sole discretion and with or without notice, in response to any violation of this Agreement (including, without limitation, violating the User Code of Conduct): (1) place a User on probation on terms established by Casting Networks in its sole discretion; (2) restrict or suspend the User’s account; and/or (3) terminate the User’s account.
In the event that Casting Networks suspends or terminates your Membership or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees, any Content or data associated with your Membership, or for anything else.
If a User is placed on probation, suspended or terminated, and the User is believed to have re-registered or attempted to have re-registered with the Site (including under a new name) that User may be permanently barred from the Site without recourse.
Casting Networks has adopted a policy of permanently barring without recourse and/or terminating accounts of Users who, in Casting Networks’ sole discretion:
- Falsely represent that they are a talent agent, talent manager, casting director or other Industry Professional Entity; or
- Are deemed to be repeat infringers of copyright, or are in breach of the Spam Act 2003 (Cth) or any other law.
In addition, Casting Networks may block access to the Site or Services from an IP address or range of IP addresses associated with those of terminated Users.
In the event a dispute arises between you and Casting Networks, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. To this end, you and Casting Networks agree to resolve any claim or controversy at law or in equity that arises from or relates to this Agreement or our Site (a “Claim”) in accordance with the subsections below.
This Agreement and the relationship between you and Casting Networks shall be governed in all respects by the laws the State of New South Wales, Australia without regard to conflict of law principles.
Notice of claims
You agree to give Casting Networks no less than 60 days’ notice of your intention to file any Claim, in order that you and Casting Networks may attempt to settle such Claim outside of formal court or arbitration proceedings.
Any dispute will be referred:
A. initially to our Senior Vice President who will endeavour to resolve the dispute with you within 30 days of a party receiving notice of a dispute from the other party; and
B. if you and the Senior Vice President are unable to resolve the dispute within the specified time, the dispute will be referred to mediation pursuant to the mediation clause below.
A dispute which is not resolved pursuant to the procedure set out above will be referred to mediation by a mediator agreed between the parties or nominated by the President for the time being of LEADR (the alternative dispute resolution association) or his/her nominee. The parties must mediate the dispute in accordance with LEADR's mediation rules.
This clause does not prevent either party seeking urgent interlocutory relief from a court with respect to the matter in dispute or for any other reason.
20. Disclaimers of warranty
No liability for accumulated Content
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and, as a result, the contents of this section may not apply to you.
When using the Site, you may accumulate Content that resides as data on Casting Networks’ servers. This data, and any other data, Membership history and User names residing on the Site’s servers may be deleted, altered, moved or transferred at any time for any reason in Casting Networks’ sole discretion.
You acknowledge that, notwithstanding any copyright or other rights you may have with respect to Content you upload, transmit, display and/or create using the Site, and notwithstanding any value attributed to such Content or other data by you or any third party, CASTING NETWORKS DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON CASTING NETWORKS’ SERVERS.
You understand and agree that Casting Networks has the right, but not the obligation, to remove any Content (including your Content) in whole or in part at any time for any reason or no reason, with or without notice and with no liability of any kind.
The Site is provided “As Is”
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and, as a result, the contents of this section may not apply to you.
Casting Networks provides the Site, your Membership and all other Services strictly on an “AS IS” and “AS AVAILABLE” basis, provided at your own risk, and, to the fullest extent permissible by the ACL or other applicable law, CASTING NETWORKS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, Casting Networks makes no warranty as to the quality, accuracy, completeness and validity of any information or content you access or receive in connection with the Site or Services, or that your use of the Site will meet your requirements. Do not rely on the Site, any information therein, or its continuation. If you are dissatisfied or harmed by the Site or anything related to the Site, you may close your account and terminate this agreement in accordance with Section 18 on “Suspension and termination” and such termination shall be your sole and exclusive remedy.
Casting Networks is not responsible, and makes no representations or warranties for the delivery of any messages sent through the Site to anyone. In addition, we neither warrant nor represent that your use of the Site will not infringe the rights of third parties. Any material, service, or technology described or used on the Site may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us.
Casting Networks does not have any obligation to verify the identity of the persons subscribing to the Services, nor does it have any obligation to monitor the use of its Services by other Users; therefore, Casting Networks disclaims all liability for identity theft or any other access to or misuse of your identity or information.
Casting Networks does not guarantee that the Site will function without interruption or errors in functioning, or be virus-free, or that any errors or defects on the Site will be corrected. In particular, the operation of the Site may be interrupted due to maintenance, updates, or system or network failures. Casting Networks disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, Casting Networks disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the Site due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason.
21. Limitations of liability; indemnification
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and, as a result, the contents of this section may not apply to you.
IN NO EVENT SHALL THE CASTING NETWORKS PARTIES OR THEIR RESPECTIVE SUPPLIERS, LICENSORS OR DISTRIBUTORS IN HOSTING, OPERATING OR DELIVERING THE SITE OR SERVICES BE 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, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SITE (INCLUDING ITS MODIFICATION OR TERMINATION), YOUR MEMBERSHIP (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT CASTING NETWORKS MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
IN ADDITION, YOU AGREE THAT IN NO EVENT WILL CASTING NETWORKS’ CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED FIVE TIMES THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR A PAID SERVICE, IF ANY, OR AUD ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.
You agree to defend, indemnify and hold harmless Casting Networks, and the Casting Networks Parties for all damages, losses, liabilities, claims, and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, arising from, relating to, or caused by (a) your use of the Site and Services, (b) your failure to comply with this Agreement, including, without limitation, your submission of Content that violates third party rights or applicable laws, and (c) your Membership.
22. Acts contrary to the Agreement
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, although we are under no obligation to do so.
23. Access from outside the United States, export control
This Site is controlled and operated by Casting Networks from its offices within the United States. Casting Networks makes no representation that materials on the Site or 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 this Site or the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If you use this Site or 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 Site and 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.
This Agreement is accepted upon your access and use of the Site and is further affirmed by you becoming a Member and maintaining a Membership. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Site and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision unlawful, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
The terms of this Agreement shall survive any termination for any reason, except the following sections and subsections: Section 10 “Access to and Use of the Site” and Section 17, Subsection “Communications with Users”.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Site, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Site or any Content or other material used or displayed through the Site.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches.
No consent or waiver by Casting Networks under this Agreement shall be deemed effective unless delivered in a writing signed by a duly appointed officer of Casting Networks. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of Casting Networks shall be considered a breach of this Agreement if such default, delay, or failure to perform is shown to be due to causes beyond the reasonable control of Casting Networks.
Casting Networks may give notice to you by means of a general notice on our Site, 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 this Agreement, shall be:
* Faxed to Casting Networks Australia Pty. Ltd.
Attn: Dispute Resolution, 0011-1-323-462-8524
* Emailed to: email@example.com
* Sent by postal mail to:
CASTING NETWORKS AUSTRALIA PTY. LTD.
ATTN: DISPUTE RESOLUTION
303/77 DUNNING AVE
ROSEBERY NSW 2018
You may also refer any comments or questions to Casting Networks using this email address.
Assignment and delegation
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Casting Networks for any third party that assumes our rights and obligations under this Agreement.
Casting Networks Australia Pty Ltd, located at 303/77 DUNNING AVE ROSEBERY NSW 2018 has a firm commitment to respect and protect the privacy of users of the Casting Networks Australia Pty Ltd website, castingnetworks.com.au (the “Site”).
The Site provides a range of content hosting and communication services, and seeks to connect actors, models, dancers, voice talent, and other artists (collectively, “Talent”) with talent agents, managers, casting directors, and other professionals rendering professional services in motion picture, theatrical, radio, television and other entertainment enterprises (collectively, “Industry Professional Entities”; and along with Talent, “Industry Professionals”).
There are practical considerations relating to the need for Industry Professional Entities to review certain personal information, and to contact Talent for casting purposes. By registering and creating a profile on the Site, you understand that you are affirmatively choosing to post personal information about yourself, including contact information, such as your phone number and e-mail address, as well as physically identifying information, such as your height, weight, hair, and eye colour. You also have the option to post photographs, videos and other materials that may allow third parties to personally identify and locate you. This information may be viewable outside of the Site via web search engines, which are outside of our control. By registering as a Member of the Site and submitting any such information, you acknowledge and agree that such personal information may be revealed to other Site members and the public, and that you are aware of the risks inherent in so doing.
Users under the age of 18 may monitor and modify their profile and personal information posted on the Site under the supervision of the Registering Adult.
We collect your personal information in order to provide the services you request on this Site. The collection and use of your personal information may be necessary for us to provide you with positive and customized experience on the Site, to provide you with a product or service, to communicate with you, or maintain our relationship with you.
You are not required to give us any personal information in order to read the content portions of our Site. However, please note that if you choose not to provide us with personal information, you may not be able to use certain functions and features of our Site.
We may collect different types of information on our Site, including personal information, financial information, demographic information, and log data as each is defined below. Sometimes we collect combinations of all these types of information. In each case, it is indicated on the Site whether any personal or demographic data must be provided for you to access and use the requested service.
“Personal information” is personal data that may be used to identify you, or any other person to whom the information may relate, personally. This may include name, title, occupation, postal or physical address, telephone number, e-mail address, government identifiers, and other information required to carry out a transaction, provide a service or deliver a product you have requested. Depending on where you are based, personal information may also include your Internet Protocol (IP) address and other information related to your computer. This may also include information about third parties, such as references or contacts (for example, a director or photographer with whom you have worked previously) that you provide to us if you have their express written consent to do so.
We do not collect your personal information unless you or someone who is expressly authorized by you (such as your agent or manager, or if you are under 18, the Registering Adult) chooses to provide it to us. We will tell you why we wish to collect the personal information when prompted on the Site.
We will not collect sensitive information (as defined by the Act) about you (such as information about your health or medical history; racial or ethnic origin; political or religious beliefs; trade union, guild or other professional association memberships; sexual orientation; philosophical beliefs or criminal record) except where you have voluntarily provided it to us in the optional fields designated for that information or where its collection is required by law.
“Financial information” is information that you provide to us, including your debit or credit card number and related billing information. We require such financial information in order to process payment for the purchase of a product or service on the Site that you have requested. We also may require Talent to submit financial information in order to use and access the Site.
By submitting your financial information, you consent to our providing it to those Authorized Third Parties (as later defined) as necessary to support and process your transactions as well as your credit card issuer/banking institution for their purposes. Financial information is not copied or stored in our systems and is protected as it is processed (see “Security of Your Information”).
We ask that you do not enter financial information into your profile, except in the fields provided for that information.
“Demographic information” is information that you may submit or we may collect that is neither personal nor financial. This is information that is not unique to you in the sense that it refers to selected population characteristics, and may include but is not limited to your post code, suburb, city, gender, user name, race or ethnicity, membership in professional guilds such as the Screen Actors Guild or the Media, Entertainment and Arts Alliance, your age, height and weight.
We may collect and process the following personal information about you:
- Information that you provide by registering and/or creating or updating a membership account or a profile on the Site. This includes information provided at the time of registering to use our Site and/or any subsequent use of our Site, subscribing to our services, posting material or requesting further services. We may also ask you for information when you report a problem with our Site.
- If you contact us, we may keep a record of that correspondence.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- Details of transactions you carry out through our site and of the fulfilment of your orders.
- Details of your visits to the Site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing or other internal purposes or otherwise and the resources that you access.
We will only use your personal information in the way and for the purposes we told you about when we collected it. We will not change the way in which your personal information is used unless we have your consent to do so.
We use your information, subject to applicable laws, in the following ways:
- to allow you to register and create a membership account and profile;
- to ensure that content from our Site is presented in the most effective manner for you and for your computer;
- to carry out our obligations arising from any contracts entered into between you and us;
- to deliver, provide or process payment for a product or service you have requested;
- to enable you to provide us with feedback, to contact us and for us to contact you;
- to administer promotions you enter such as a contest or sweepstakes;
- to allow your participation in interactive activities or features of our services, such as online discussion groups, communities, and surveys (where available on the Site);
- to send you communications of interest that you have requested, such as emails or text messages about Casting Networks, our products and services, targeted marketing, and promotional offers;
- to customize, measure and improve our products, services, content, and advertising, including generating internal reports about the use of our Site;
- to personalize your overall experience with Casting Networks; and
You may deal with us anonymously for the purposes of general inquiries about our goods and services. However, we will not be able to provide you with any of our services through the Site unless you provide your personal information to us as set out above.
Some aspects of the Site, such as our searchable talent database, may enable third parties to see your personal information and to contact you. Profile information may be visible to other Industry Professionals or other third parties who are using the Site.
Casting Networks is not responsible for third party use of information that you post or otherwise make available through the searchable talent database or in public areas of the Site.
We may collect information about your computer including, where available, your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
Cookies and other technologies we use
The Site may also contain web beacons (also called single-pixel gifs) that may be used to help deliver cookies from our Site and allow us to track the number of visitors who have visited those pages.
You can modify your browser settings to decline cookies or notify you when a cookie is set. However, if you choose to decline cookies, you may not be able to use certain interactive features of our Site. Note that you can always go back and delete cookies from your browser; however, that means that any settings or preferences controlled by those cookies will also be deleted and you may need to recreate them.
We may also include web beacons or cookies in promotional email messages so we can track whether messages have been opened and acted upon. Finally, we may use web beacons or cookies, or use third party analytic tools, to help us compile aggregate, anonymous statistical information (that is not associated with you as an individual) about the effectiveness of our Site’s operations or promotional campaigns.
Casting Networks does not sell, rent or otherwise share your personal information to any third party for their direct marketing purposes unless we have obtained your prior express consent to do so. You may withdraw your consent to this sharing at any time without charge as explained below in “How to Opt-Out”.
By submitting your personal information to us, you agree that it, as combined with demographic information or Log Data, may be transferred or disclosed to certain third parties in your country and abroad under the following limited circumstances:
We may also share aggregated anonymous information about your use of the Site with Casting Networks’ clients, strategic partners, other Site visitors, and other third parties so that they can understand the kinds of visitors the Site has and how those visitors use the Site.
In addition, if Casting Networks should file for bankruptcy or merge with another company, or if Casting Networks should decide to buy, sell or reorganize some part or all of its business, we may be required to disclose your personal information to prospective or actual purchasers in accordance with applicable data protection laws.
When you create or post a talent profile to the Site, that talent profile is stored on our servers in the United States. Once posted, your talent profile will be searchable in Australia, and all third parties in Australia with access to our searchable talent database (or copies thereof) will have access to your talent profile. Industry Professionals or other third parties with access to our searchable talent database may be located in countries whose data protection legislation may not be equivalent to the Act. For example, your talent profile may be viewed and accessed by Industry Professionals outside Australia who have access to our searchable database. By making your talent profile searchable, you are expressly consenting to such transfers of your personal data.
We attempt to limit access to our searchable talent database to legitimate users such as Industry Professional Entities and law enforcement and national security agencies, but cannot guarantee that other third parties will not gain access to this database. We cannot control the use made of talent profiles by third parties who access such talent profiles while they are in our searchable database. You may make your profile inaccessible to such third parties from our talent database by cancelling your account at any time by following the instructions in “Cancelling your Account”.
To stop receiving marketing communications or promotional offers from Casting Networks (including our newsletter) and our third party marketing partners, you may do any of the following:
- Go to the profile section of your account and update your communication preferences; or
- Submit your request in writing by mail or email firstname.lastname@example.org.
Your opt-out request will be processed within 10 business days.
We make reasonable efforts to ensure that the information we keep for you is up-to-date, complete and accurate.
You have the right at any time, under the Act to access, review, update, or change your account profile information or talent profile that Casting Networks maintains for you, on request to Casting Networks so long as your request is in accordance with the APPs, except in certain limited circumstances (for example, where an applicable law requires us to limit or deny such access).
We may charge you a small fee to cover our administrative costs in supplying the requested information we hold about you.
If we refuse to provide you with access to or to correct your personal information held by us, then we will provide reasons for such refusal.
To update your profile information, you will need to log in to your account. Once you are logged in, click on “Profile” to update your profile information.
If you wish to make a complaint about a breach of the APPs, then please submit your complaint in writing to us at email@example.com. We will respond to your complaint within 30 days of receipt of your email.
If you are not satisfied with our response to your complaint, you may take your complaint to an external complaint body recognised by the Information Commissioner or the OAIC.
If you are still not satisfied with the responses to your complaint, you may take your complaint to the Office of the Australian Information Commissioner (the "OAIC"). Please see the OAIC's website at http://www.oaic.gov.au.
Adding or transferring your profile from a talent agency or talent management company:
If you are a Talent and wish to add your profile to, or transfer your profile from a talent agency or talent management company, please submit your request in writing via email to firstname.lastname@example.org.
You may cancel your account at any time by emailing us at email@example.com.
We make commercially reasonable efforts to restrict access to personal information to Casting Networks employees, contractors and agents including Authorized Third Parties, who need to know that information in order to operate, develop or improve our services. These individuals and Authorized Third Parties are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution or other legal action, if they fail to meet these obligations.
Casting Networks uses an authorized third party to process its credit card payment transactions. When you place an order for a paid service at Casting Networks, your credit card information is protected through the use of encryption, such as the Secure Socket Layer ("SSL") protocol, which makes it difficult for your credit card information to be intercepted or stolen while being transmitted. Unfortunately, no security system can be 100% secure; accordingly, we cannot guarantee the security of any information provided to us in connection with the information that we collect through the Site. Despite our efforts, there remains the possibility that information may be accessed, altered, disclosed, or destroyed due to an unauthorized security breach. In the event of a security breach, if our investigations indicate that there could be significant harm to you as a result of such unauthorized access or disclosure, we will promptly notify you and the proper authorities in accordance with applicable law(s).
Further, one of our primary services is providing you with a platform to display your talent profile widely to maximize your career opportunities. This environment presents a risk that unauthorized third parties will view your information.
Once your profile is deactivated, either by us, or through cancellation of your account, your personal information will no longer be searchable through the Site. We will take reasonable steps to de-identify or destroy your personal information if is it no longer needed by us for any purpose for which it may be used or disclosed under the Act.
We may deactivate your talent profile for security purposes, making it unsearchable in our database, if you have not logged onto the Site in more than 60 days. If this occurs, please contact customer service by emailing us at firstname.lastname@example.org.
The Site is operated and maintained by Casting Networks, whose address is below.
Please be advised that your personal information will be transferred to, stored and processed in the United States where our servers are located and our central database is operated. Casting Networks Australia Pty. Ltd. will also need to process, through our staff or suppliers, your photographs, images and any video footage you submit in India and/or the United States. Such staff may be engaged in, among other things, the fulfilment of your order and the processing of your payment details.
The data protection and other laws in the United States and other countries might not be as comprehensive as those in Australia. Please be assured that we seek to take reasonable steps to ensure that your privacy is protected and that we comply with all applicable data privacy laws and regulations.
As stated above, your talent profile may be viewed and accessed by Industry Professionals outside Australia who have access to our searchable database.
Contact us with comments or questions
CASTING NETWORKS AUSTRALIA PTY LTD
303/77 DUNNING AVE
ROSEBERY NSW 2018
Jeffrey Luksch, SVP
Updated on March 14, 2014