INTRODUCTION

In our effort to keep Terms and Conditions brief and understandable, we suggest you contact us with questions or to access additional information relating to these terms or their effect.

TERMS APPLICABLE TO ALL USERS

Accessing our services

Visitors

Some information is available to all visitors to our Site; registration is not required.

Registration and profiles

You must register and create a profile if you wish to access specific Services. A candidate/actor must register and create a profile to be part of the database.

User Subscriptions

Companies require a subscription and may require payment. It is free for Actors to create an actor profile and use this service.

Processing registration and subscriptions is generally done in three working days, or less, from time of receipt. However, we do not guarantee a specific timeframe to access all aspects of the Site or all Services. Subscriptions begin upon receipt of payment or, for free access, when we grant access. At our discretion we may deny access or use to any person or organization.

Eligibility

There are eligibility criteria that must be met in order to grant the user access to certain Sites and Services. For example, Casting Manager will not accept subscriptions or registration from users under the age of 18. However, the parent or guardian of the underage individual may register for that candidate provided they have the candidate’s agreement to follow Casting Manager Terms and Conditions.

CONTENT AND SERVICES YOU CAN ACCESS

Access to the Sites and Services

You are fully responsible for all registrations, payments and other arrangements that will give you access to the Casting Manager Site, including internet connections, computer equipment and software.

Casting Manager is not responsible for:

• Your ability to access the internet or any communications device.
• Any errors, malfunctions or damage to connections, equipment of software that may result from the use of our Sites and Services.

When you register, you will be asked to create a password, which you should keep confidential. Use of your login to access the Casting Manager Sites and Services, including email address and password (other than by our Site administrators) will be your responsibility.

INTENDED USE OF SITES AND SERVICES

Casting Manager service and database is provided for information and convenience. We urge caution in relying upon any information that would prompt you to take action, or refrain from action, based on the information provided. We try to ensure that all users agree to our Terms and Conditions, but we do not confirm that all content provided by others, including profiles, are accurate and lawful. Research and confirm independently.

Specifically:

• Do not rely on any content or service being available, accurate or complete.
• Do not rely on Casting Manager for storage or maintenance of information or for important, sensitive or time-critical communications.
• Do not construe inclusion of information, advertisements or other content as an endorsement or recommendation of the relevant user, services or products.

We advise that you backup your data, research and confirm information and ensure that communications reach their intended recipient securely.

Be aware that:

You are fully responsible for any and all communications, contracts or other arrangements between you and other users or third parties, including audition scheduling, roles, jobs, payment and delivery of service. Casting Manager is designed to facilitate such dealings but we can not accept responsibility for them.

Casting Manager does not control and is not responsible for any links to websites provided by third parties, nor are we responsible for the availability, accuracy or content of third party websites;

Although we may transmit information about Casting Manager using third party services (such as Twitter or Facebook) we are not responsible for the availability of any third party services.

TERMS APPLICABLE TO SPECIFIC USERS

Actors

You agree that Casting Manager is not liable for any loss or damage incurred as a result of:

• Reliance on any information relating to other users or third parties, or about opportunities or services provided by them.
• Any communications, contracts or dealings (or lack thereof) with other users or third parties.
• Inclusion in the database is not a guarantee of jobs.

You acknowledge that the decision to offer you jobs or audition appointments rests entirely with the casting agents and other employers as well as the availability of such jobs, which is affected by the state of the industry as a whole. We cannot guarantee you work nor can we guarantee that employers who view your profile will call you in for an audition or interview.

It is your responsibility to ensure that any job or appointment offered by employers is acceptable to you. We are unable to verify or provide any assurance relating to the nature or duration of, or payment for any such job or appointment.

We designed this Casting Manager site to a productivity and communication tool for directors and actors. Our professional feature is not a guarantee that you will get more work. What it will do is give directors the opportunity to learn about your talents. It will give you, the actor, access to auditions you may otherwise be unaware of, to schedule many auditions on-line and enable you to download sides before your audition as well as the ability to email media in one easy step.

SUBSCRIPTION PRICING

Company Subscription pricing may increase without notice. There is no charge for actors using our service.

SITE CONTENT FOR ALL USERS

Reporting unlawful content promptly.

Please report any content or communication that appears unlawful, inaccurate or inappropriate to Casting Manager. This applies to any person who may have misused this site for any than it’s intended purpose. We would also like to hear of any negative experience with other users or third parties. At our discretion, we may investigate and take appropriate action.

Intellectual property and your use of content

In order for you to enjoy and make use of our content, we grant users a non-exclusive, revocable license to use the contents of some Casting Manager data, protected by intellectual property rights. This license covers a broad spectrum of information, text, trademarks, videos and images.

As a user you agree that you will not copy, modify, distribute or exploit any content (unless you provided it) in any media or in any form. You may retrieve and display content on your personal computer and may print and/or store one (1 ) copy of individual pages for your personal, internal use.

CONTENT PROVIDED BY ACTORS, CASTING COMPANIES AND DIRECTORS

Accuracy and lawfulness

The quality of the service provided by Casting Manager is fully dependent on the information you provide. You must provide accurate, complete and lawful content. You Acknowledge and Agree that you:

• Will provide only accurate content in your registration and profile(s) and will keep your content up to date.
• Have obtained any and all rights, approvals and licenses required both nationally and internationally and will continue to obtain same for any additional content you add.

Intellectual property and our use of content

It is stipulated and agreed that Casting Manager is granted permission to use the content you have provided including, when necessary, trademarks relevant to your business or trade, for the expressed purpose of operating and maintaining Casting Manager Services and the Site.

You agree that the contents you provided may be published and accessible to other users and that, if necessary, may be modified to ensure suitability. Further, you grant perpetual and irrevocable worldwide license to use content you have provided for these purposes as well as to sub-license by our service providers and other users.

We try to ensure that all users agree to our Terms and Conditions but we are not responsible for the use or misuse of your content by others and you agree to not hold us liable for any damage or loss which may occur as a result. We are willing, at your expense, to reasonably cooperate with you to enforce the Casting Manager Terms and Conditions against any users who may have infringed on your rights.

At our discretion, we may on occasion monitor and check content provided by users. You agree to provide us with evidence that you are complying with the requirements detailed above, should we request same. The information needed may include:

• proof of ownership of and/or rights to intellectual property;
• proof that you have the right to use the personal data or information relating to third parties;
• proof of relevant licensors, licenses and approvals;
• details crediting the author/creator of any image, sound, video or other content.

YOUR CONDUCT IN USING OUR SITES AND SERVICES

Prohibition on unlawful use of content

You may not make any unlawful or unauthorized use of any content, including: distribution of any audition or casting information obtained through Casting Manager; the unauthorized copying or use of content protected by intellectual property rights; unauthorized distribution or disclosure of confidential, personal or sensitive information (including user profiles);

Use of any content (other than content provided by you) in any manner which may compete with our business;

Other unauthorized reproduction or use of Casting Manager content for commercial purposes;

Prohibition on providing unlawful content;

You may not upload, provide or transmit any unlawful, unauthorized or offensive content, including:

• Content which is discriminatory, defamatory, derogatory, indecent, obscene or abusive.
• Unauthorized marketing materials or communications.
• Content containing personal political or religious views.
• Content whose publication or use on the Casting Manager Site or in relation to the Services would be in breach of copyright or other intellectual property rights, data protection or confidentiality obligations or any rights of privacy.
• Inaccurate content about yourself or another party.

Prohibition on other unlawful acts

When using Casting Manager, you agree to comply with all applicable laws. You may not make any unlawful or unauthorized use of our (or our service providers’) computers, networks, communications systems, or other equipment or software.

You may not:

• Misrepresent yourself, another party or engage in activities in conjunction with another party, or commit or assist others to commit any criminal or fraudulent act;
• Stalk, harass or threaten any person.
• Contact other users for reasons unrelated to or inappropriate for the Casting Manager Site or Service.
• Restrict or inhibit any other user from using and enjoying any Casting Manager Site or Service.
• Attempt to gain unauthorized access to Casting Manager Sites and Services.
• Introduce or attempt to introduce any computer virus or other malware, or cause any “denial of service” attack.
• Modify, reverse engineer or decompile any part of the underlying software for the Casting Manager.
• Send unlawful, unauthorized or offensive communications, including spam, identical bulk emails, unauthorized marketing communications or any content in breach of previous clauses.

LINKING TO OR FROM OUR SITES

Provided you follow fair and lawful procedures, you may:

• Include links to Casting Manager on your website or other materials.
• Include links to your website within your profile(s) on the Casting Manager Site.

Ensure that your links do not suggest any association, endorsement or recommendation by us where none exists and that your link does not damage the Casting Manager reputation or take unfair advantage of it.

CHARGES FOR SUBSCRIPTION SERVICES

Organization subscriptions and services may require payment, the details of which are on the Site relating to the specific Service or you may ask management that these fees be provided to you. Unless previously agreed, payment must be made in American money using a current credit or debit card. You are responsible for all charges associated with your Casting Manager membership. These charges include any applicable taxes.

Candidates/actors may take advantage of our free subscription.

The subscription period will begin when payment is received or, for the free subscriptions, when we grant access to the relevant service.

MONITORING YOUR USE OF THE SITES AND SERVICES

We may monitor, access, use and disclose details of your use of the Casting Manager Sites and Services (including your content) for the purposes of checking compliance with these terms, quality control, site administration and maintenance, risk assessments and investigations, compliance with legal obligations, or protection and enforcement our legal rights and those of our users.

CONSEQUENCES OF BREACHING THESE TERMS

If you breach, or we reasonably suspect that you are in breach, of any of your obligations under these terms, we may immediately and without notice suspend your access to and use of Casting Manager, or any part of the Sites and Services or content and/or remove any or all of your content. You will not be entitled to any compensation for any period of suspension other than in accordance with our refund policy.

You agree to indemnify us and our representatives against all claims, loss or damage that we or they may incur as a result of a breach by you of your obligations under these terms, including any claims, losses or damage arising from inaccurate or unlawful content which you upload, provide or transmit.

TERMINATION OF YOUR ACCESS TO SITES AND SERVICES

Voluntary Cancellation

You may cancel your membership in Casting Manager at any time. No questions asked but feedback is appreciated. Please contact us at: info@castingmanager.com

Subscription fees, if paid in advance, will be prorated to the end of the month in which the cancellation has been requested.

Members who leave Casting Manager for any reason may reapply for membership provided they still meet the eligibility criteria. Prices may increase without notice.

You may terminate your use of any Casting Manager Sites and Services and request removal of your profile(s) at any time. While we will endeavor to remove your content expeditiously, if requested, it will normally take two weeks to remove your profile from the relevant Sites, disable your access rights and login details as required. Any such notice will take effect when received by us.

Our Right to terminate

We may withdraw or terminate your access to and use of any Casting Manager Site or Service at any time and for any reason at our reasonable discretion. If you are a registered user and/or subscriber to any Service, and unless such termination is due to your material or persistent breach of these terms, we will use reasonable endeavors to give notice to you of any such termination.

Consequences of termination

If you have made advance payments to us for any service relating to any period after the date of termination, and unless such termination is due to your material or persistent breach of these terms, you may be entitled to a refund in accordance with our refund policy. You will not be entitled to any other compensation.

Following termination of your access to or use of any Sites and Services for any reason, we may remove your profile(s) from the Site (if not already removed) and disable your login details, including usernames) and passwords.

CHANGES TO SITES, SERVICES AND THESE TERMS

We may, at any time and at our absolute discretion, make temporary or permanent changes, additions or deletions (together termed, “changes”) to or from: the Sites and the Services (including to your content or that of others) and/or changes to these terms.

We shall use reasonable endeavors to notify our registered users and subscribers of material changes. It is your responsibility refer to these terms on a regular basis.

By continuing to use the Sites and/or the Services after such changes, it will be construed that you agree to said changes. If you are not happy with any change, you may terminate your use.

The Sites and the Services (and any content) may also be unavailable on occasion for repair, maintenance or upgrading, or interruptions in the network or communications services provided to us. You agree not to hold us liable for any loss or damage caused by such occasional periods of unavailability.

OUR LIABILITY TO YOU

Liability for fraud, death and personal injury

Nothing in these terms shall exclude or limit our liability for fraud, or for death or personal injury caused by negligence or other liability which cannot lawfully be excluded.

Limitations on our liability

Except as set out in these terms, all conditions, warranties and representations applicable to the provision of the Sites and the Services implied by statute or common law are excluded to the maximum extent permitted by law.

Neither we nor our representatives shall be liable to you for:

1. any direct loss or damage;
2. any consequential or indirect loss or damage due to the use or inability to use the Casting Manager Site or our Services (including any content), including any loss of business, job, job opportunity, customers, revenue, profit, contracts, data, software, reputation, or wasted time, whether caused by tort (including negligence), breach of contract or otherwise, and even if foreseeable.

Without prejudice to the other limitations of liability in these terms our total liability to you arising in relation to your use of the Casting Manager Site and/or the Services in any 12 month period shall be limited to amounts paid by you for the relevant service during that period.

GENERAL TERMS

These terms are governed by the laws of and the courts of the United States of America, and they shall have exclusive jurisdiction to hear any disputes arising from them.

• We shall not be responsible for any failure or delay in performance of the Services or any of our obligations under these terms due to a cause beyond our reasonable control
• The headings in these terms are for ease of reference only.
• Unless the context requires otherwise, in these terms and any privacy notice, the term "including" shall be interpreted to mean "including but not limited to".
• The provision of the Services shall not create any relationship of agent and principal between you and Casting Manager and neither you nor we have any authority or power to bind or to contract in the name of the other party.

No provision of these terms is intended to be enforceable by any person other than you or us.

Failure by us, or you, to exercise any right or remedy under these terms does not constitute a waiver of that right or remedy.

You may not transfer, assign or sub-contract your rights or obligations under these terms to any third party without our prior written consent.

We may, without your consent:

• Sub-contract any of our obligations under this agreement to any third party; and upon notice to you (if you are a registered user or subscriber) or without notice to you (if you are a visitor), transfer or assign all or any of our rights and/or obligations under these terms to any third party.
• If any provision of these terms is found by any court or legal authority to be invalid, unenforceable or illegal, the other provisions shall remain in force and, to the extent possible, the provision shall be modified to ensure it is valid, enforceable and legal, whilst maintaining or giving effect to its commercial intention.
• These terms, including any additional provisions incorporated by reference, constitute the entire agreement between you and us with respect to your access to and use of the Casting Manager Sites and Services and supersedes all prior agreements, negotiations and discussions between you and us relating to the subject matter.

EMPLOYERS

Casting professionals, film-makers and all other employers must ensure that their job postings and other content, and the terms of the job or role to which any posting relates, comply with all applicable laws, including those relating to minimum payments, non-discrimination, tax and employment.

It remains the responsibility of the Employer to ensure that candidates found through Casting Manager have the licenses necessary for completing work, and that checks are conducted where necessary.

Without prejudice, we may edit any job posting which you submit to make it appropriate for the relevant Site.

Employers may not use their employer profile or Services (including any job posting, email or communication service) to advertise, solicit or promote any products or services.

AGENTS

If you use the Sites or Services as an agent for candidates, it is your duty to inform such candidates of the scope of the Services, and the relevant requirements and restrictions as set out in these terms.

PRIVACY

Casting Manager does not sell your information to other companies for marketing purposes.

WHAT IS Casting Manager®

Casting Manager is a talent management application designed to bring casting companies, directors and actors together through the use of modern technology. Casting Manager is legally registered as an L.L.C. and trademarked with the State Registrar of Arizona.

CLEAN SITE

Casting Manager does not allow nude or revealing photos, videos, or profanity on our site.

Discalaimer

SAFETY

The auditions posted on this site are not an endorsement of any organization or affiliation with Casting Manager. If you notice any suspicious activity or feel that someone is posting an audition with other intentions, please notify us immediately.

NO PROMISE OF JOBS

Your use of Casting Manager does NOT guarantee that you will land work of any nature. Understand that we do not promise that the use of our service will result in a job. Casting Manager focuses on actor profile management and is to be considered only as a productivity tool to facilitate actors and company connectivity.

HOW YOUR CREDIT CARD INFORMATION IS USED

Casting Manager uses Stripe for state-of-the-art security, one of the most trusted and secure credit card processors. Casting Manager DOES NOT collect your credit card information; your information is collected and secured by Stripe.

CANCELLATION OF PAID MEMBERSHIPS

If, for any reason, you need to cancel the membership you’ve paid for just follow these two simple steps: Go to "Your Account" in your personal profile dropdown menu to find and click on the cancellation option. Membership charges are made on a 30-day billing cycle so, if you cancel within the billing cycle, you will not be charged for another month.