PLEASE
READ THESE TERMS AND
CONDITIONS CAREFULLY.
We
recommend you keep a copy of
these Terms and Conditions
for your own reference.
Date
of Last Revision: Dec 1,
2020
Acceptance
Your
use of this website is
subject to the following
terms and conditions and by
using this Website you agree
to be bound by these terms
and conditions, whether or
not you register as a member
of Backstage Casting. If you
do not agree to be bound by
the Terms and Conditions or
the
Privacy
Policy you may not use
the Website or Service. If
you do not agree with any
particular changes to the
Service Terms and/or to the
Service, your only remedy is
not to use the Service and
to cancel the account(s) for
which you previously
signed-up.
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
Website. You are responsible
for ensuring you are
familiar with the latest
terms and conditions.
Continuing to use the
Website represents your
agreement to be bound by the
terms and conditions as
amended.
If
there is a conflict between
these Service Terms and any
other policies, rules,
regulations or guidelines
posted on the Service, then
Backstage
Casting shall resolve
such conflict in its sole
discretion. Any questions
about the Service Terms
should be submitted through
our online contact form
available
here
The
Service
- You
must be 16 years or
older to create an
Account that will
entitle you to use the
Service.
- You
must provide your full
legal name, a valid
email address, and any
other information
requested during sign-up
in order to complete the
registration process.
You may from time to
time be required to
provide further contact
and other information as
a condition of
continuing use of part(s)
or all of the Service.
- You
must update any
information provided
immediately if it
becomes inaccurate and
must ensure that the
email address in your
Account information is
at all times a valid
address at which you can
be contacted.
- You
must not provide any
false or inaccurate
information whether
during the registration
process or otherwise.
- Accounts
must not be registered
by a "bot" or
any other automated
process or method.
- You
will need to create a
log-in name and a
password in order to
establish an Account.
You must not use a
log-in name that is also
being used by anyone
else, and your log-in
name must not be vulgar,
offensive or otherwise
objectionable, as
determined by Backstage
Casting at
their sole discretion.
Protecting your Account
and preserving the
security of your
password is your
responsibility. Backstage
Casting shall
have no obligation or
liability to you or any
third party for any loss
or damage resulting from
your failure to maintain
adequate protection for
your Account, log-in
name and/or password.
- Only
one person may use a
log-in. Stated
differently, a single
login must not be shared
by multiple users.
- You
agree that when you
create a profile,
Backstage Casting will
publish your
information, photos,
videos and audio.
Backstage Casting will
be the sole judge of any
breach of conditions.
Any breach of these
conditions can result in
your membership being
terminated and a
permanent ban from the
site. For the avoidance
of doubt, we shall not
post your personal
contact information
(such as email address,
home address or telephone
numbers) on
the Website under any
circumstances. Members
can not be contacted
directly. Booking can
only be made through the
agency
- You
agree that If
for some reason you
cannot undertake work
that has been given to
you, you will notify Backstage
Casting
at least 24 hours before
the work is due to
commence.
Notwithstanding
any of the above, you
acknowledge and agree that
the Service Terms will apply
to anyone that you
authorize, allow or
otherwise permit to use your
Account, user ID and/or
password that you create,
and, moreover, that you will
be personally responsible
and solely liable for the
consequences, including the
potential termination of
your Account(s), that may
result if any such person(s)
violates any of the
provisions of the Service
Terms.
Liability
This service is provided in
good faith by Backstage
Casting. No liability can be
accepted for loss or expense
as a result of using this
Website. By using the
Website you agree that in no
circumstances shall we be
liable for any indirect,
incidental, special or
consequential damages,
including, but not limited
to, loss of business or
profits or any other
financial loss, arising out
of or in any way connected
with the use of the Website,
under any law or on any
basis whatsoever whether
contractual or otherwise.
While we will endeavour to
moderate the Website to
remove all objectionable
content, we will not be
responsible for the quality,
accuracy or fitness of the
material and will not be
responsible for any errors,
viruses, incompatible
software or interruption in
service.
Indemnity
You agree to release,
indemnify and keep us
indemnified 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.
Jurisdiction
The terms and
conditions shall be governed
by and construed in
accordance with the laws of
The Republic of Ireland. Any
disputes arising from
matters relating to the
Website shall be exclusively
subject to the jurisdiction
of the courts of The
Republic of Ireland.
Copyright
and Intellectual Property
Copyright and other
intellectual property in the
content of this Website is
the property of Backstage
Casting and is protected
under Irish law 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 Backstage
Casting for any reason
without our express written
permission.
You will not copy, download,
reproduce, republish,
broadcast or transmit in any
manner whatsoever, any
material on the Website
except as is strictly
necessary for your own
personal non-commercial and
home use. You acknowledge
that by posting materials on
this Website you grant to us
royalty free, perpetual and
irrevocable worldwide
license to use the materials
both within the Website and
in any other manner.
Press
and Publicity
Any
publicity resulting from a
job must be discussed by
the agency first. The
artist is reminded that
script and program
confidentiality is vital
and you must not disclose
information about
characters or program or
commercials without prior
permission from Backstage
Casting and
producer and/or the
advertising agency of the
shoot.
Prohibition
You
are responsible for ensuring
that no material you post on
backstagecasting.net, nor
any activity or
communication you make
through the Website, will be
capable of:
1.Infringing
intellectual property, right
to privacy, or any other
rights of the individual or
entity.
2. Breaching any applicable
law.
3. Appearing to be
offensive, threatening,
false, obscene,
pornographic, misleading or
unreliable.
Responsibility
for Minors
This
site is intended for persons
aged 16 or over.
Price
Changes
We
reserve the right to
introduce new charges at any
time.
Breach
of Contract
Without
limiting any other rights
and remedies available to
Backstage Casting, we may
limit your activities on the
web sites, 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
Backstage Casting considers
it appropriate.
Cancellation
of Membership
You may cancel your
membership and request the
removal of your information
from the Website at any
time. To request the removal
of your information send an
email to info@backstagecasting.net
Viruses
Although
we take reasonable steps to
prevent the introduction of
viruses or other destructive
materials to our Website 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
entirely 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.
If any of these terms,
conditions or clauses is
found to be invalid or
otherwise unenforceable by a
court, the remainder of
these terms and conditions
shall continue to have full
force and effect.
General
Provisions
- The
delay or failure of Backstage
Casting to
exercise or enforce any
right, power or remedy
under the Service Terms
shall not constitute a
waiver of such right,
power or remedy. No
waiver of any provision
of these Service Terms
shall be effective
unless in writing and
signed by Backstage
Casting. Any
waiver by Backstage
Casting of any
provision of the Service
Terms shall not be
construed as a waiver of
any other provision of
the Service Terms, nor
shall such waiver
operate as or be
construed as a waiver of
such provision
respecting any future or
subsequent event or
circumstance.
- The
Service Terms constitute
the entire agreement
between you and Backstage
Casting with
respect to your access
to and use of the
Service, for all intents
and purposes, and
supersede all prior and
contemporaneous
understandings and
agreements between you
and Backstage
Casting and any
predecessor entity,
including, but not
limited to, any and all
prior versions of the
Service Terms.
Disclaimer
of Warranties Relating to
the Service
- The
Service is provided on
an "as is" and
"as available"
basis, without any
warranties of any kind,
including, without
limitation, any implied
warranties of
merchantability, fitness
for any particular
purpose, title, or
non-infringement. You
acknowledge and agree
that your use of the
Service (or any part
thereof) is entirely at
your sole risk and
expense.
- Backstage
Casting does not
guarantee or warrant
that (i) the Service
will be uninterrupted,
timely provided, secure,
or error-free; (ii) the
results that may be
obtained from any use of
the Service will be
accurate, complete or
reliable; (iii) the
Service will meet your
expectations or specific
requirements; (iv) the
quality of any products,
services, information,
or other materials
purchased or otherwise
obtained by you through
the Service will meet
your expectations; or
(v) any errors confirmed
to exist in the Service
will be corrected.
- TO
THE MAXIMUM EXTENT
PERMITTED UNDER
APPLICABLE LAW, NEITHER BACKSTAGE
CASTING NOR ANY
OF ITS AFFILIATES, NOR
ANY OF THE OFFICERS,
DIRECTORS, EMPLOYEES,
MEMBERS, LICENSORS,
CUSTOMERS, AGENTS OR
REPRESENTATIVES OF BACKSTAGE
CASTING OR ANY OF
ITS AFFILIATES, SHALL
HAVE ANY LIABILITY OF
ANY KIND OR NATURE IN
CONNECTION WITH YOUR USE
OF THE SERVICE
(INCLUDING, WITHOUT
LIMITATION, ANY
LIABILITY FOR ANY DAMAGE
TO YOUR COMPUTER
HARDWARE AND/OR
SOFTWARE), AND THE
ENTIRE COST AND RISK OF
YOUR USE OF THE SERVICE
AND/OR INABILITY TO USE
THE SERVICE (INCLUDING,
WITHOUT LIMITATION, ANY
DAMAGE TO YOUR REAL OR
PERSONAL PROPERTY,
INCLUDING, WITHOUT
LIMITATION, YOU COMPUTER
HARDWARE AND/OR
SOFTWARE) RESIDES SOLELY
AND EXCLUSIVELY WITH
YOU.
You
expressly acknowledge and
agree that neither Backstage
Casting (or any of
its affiliates) nor any of
the officers, directors,
employees, members,
licensors, customers, agents
or representatives of Backstage
Casting (or any its
affiliates) shall be liable
for any direct, indirect,
incidental, consequential,
special, punitive or
exemplary damages,
including, but not limited
to, damages for loss of
sales, revenues, profits,
use, data, goodwill, or any
other tangible or intangible
losses (even if Backstage
Casting has been
advised of the possibility
of any such loss or
damages), resulting from: (i)
your use or any inability to
use the Service; (ii) the
cost of procurement of
substitute goods and/or
services resulting from any
goods, data, information or
services purchased or
obtained, or messages
received, or transactions
entered into, by means of or
otherwise in connection with
the Service; (iii) any
unauthorized access to or
alteration of your user or
Account data or related
information, or any content
or materials, postings,
communications,
transmissions, or any
related data or information;
(iv) any conduct,
statements, representations,
or content or materials of
any third party contained
within or otherwise
displayed on or as part of
the Service; (v) the
suspension, cancellation or
termination of your
Account(s); or (vi) any
other matter(s) relating to
the Service or the Service
Terms.
Online
Conduct for Members
- Online
conduct should be guided
by common sense and
respect for other users
(whether or not
registered with the
Service) and for the
employees and
representatives of Backstage
Casting, as well
as respect for the laws,
statutes and regulations
which would apply to
one's conduct in the
real (i.e., offline)
world. Inappropriate
behaviour or illegal
activities identified on
and/or in connection
with the Service will
not be tolerated. Please
be advised that we will
terminate the Account(s)
of anyone who engages in
inappropriate behaviour
or illegal activity on
and/or in connection
with the Service, and we
shall be free to
cooperate with law
enforcement officials
with respect to any
illegal activities or
actionable conduct.
- You
acknowledge and agree
that you will be
personally responsible
for your use of the
Service and for all of
your communications and
activities on and/or in
connection with the
Service, including,
without limitation, any
and all content and
materials (including,
without limitation, any
related data and
information) that you or
any third-party users
using your Account(s)
contribute to the
Service (whether alone
or in collaboration with
others).
- You
will violate the Service
Terms if you or any
Third-Party Users do any
of the following:
- Copy,
reproduce,
duplicate, upload,
post, host, display
or perform (publicly
or otherwise),
market, advertise,
promote, distribute,
transmit, or
otherwise
disseminate any of
the following types
of Content Materials
(including, without
limitation, any
related data or
information):
- that
are illegal or
otherwise promote or
encourage any
illegal activity
(including, without
limitation, hacking,
cracking, or the
distribution of
counterfeit
software, or any
products or services
derived from any
such activities; or
- that
you do not own or
have permission to
freely distribute;
or that violates any
indecency laws.
- that
violates any laws or
regulations
worldwide.
- Engage
in any activity in
connection with the
Service that
violates any laws or
regulations
worldwide, including
without limitation
laws as to
indecency, child
protection, extreme
pornographic images,
race hatred and
terrorism.
- Copy,
reproduce,
duplicate, upload,
post, host, cause to
be displayed or
performed (publicly
or otherwise),
distribute,
transmit, or
otherwise
disseminate any
unsolicited email,
SMSs, or "spam"
messages
- Copy,
reproduce,
duplicate, upload,
post, host, cause to
be displayed or
performed (publicly
or otherwise),
distribute,
transmit, or
otherwise
disseminate any
worms, viruses,
corrupted data, or
any other such code
of a destructive
nature (aka, malware)
- Modify
any part of the
Service or any web
site(s) related to
the Service that the
Technology Licensor
has not expressly
authorized you in
writing to modify
- Hack
into, adapt, or
otherwise modify the
Service (or any part
thereof) and/or any
other website so as
to falsely imply
that it is
associated with the
Service or the
Technology Licensor
(or any of its
affiliates), or any
products or services
of Technology
Licensor (or any of
its affiliates)
- Hack
into, decipher,
adapt, modify or
otherwise attempt to
interfere with any
transmissions to or
from any of the
servers that are
used to operate the
Service
- Copy,
reproduce,
duplicate, offer to
sell, sell, resell
or otherwise exploit
any portion of the
Service, or any
access or use of the
Service, without the
prior written
consent of Backstage
Casting, in
the case of
Proprietary Rights
owned or controlled
by it.
- Harass,
threaten,
intimidate,
embarrass,
disparage, or do
anything else to any
other user (whether
or not registered
with the Service) or
guest of the Service
that is offensive,
unwarranted or
unwanted (as
determined by Backstage
Casting, at
its sole discretion)
- Exploit
any vulnerability,
"bug", or
other programming
error in the Service
Software or the
Service, or
communicate the
existence of any
such matter, either
directly or
indirectly, to any
other user (whether
or not registered
with the Service) or
guest of the Service
- Claim
or pretend to be an
employee or
representative of Backstage
Casting, or
take any action that
would imply that you
have any such
relationship with
any of the
foregoing, or
impersonate any
other person,
including, without
limitation, any
celebrity,
professional
athlete, or other
individual of public
renown
- Attempt
to obtain any
password or other
Account information,
or any other private
information,
regarding any other
user (whether or not
registered with the
Service) or guest of
the Service
- Post
messages or other
correspondence for
any purpose other
than personal
communications, such
as, for example, any
advertising,
marketing or
promotional
materials regarding
illegal gambling
activities, chain
letters, pyramid
schemes, or that
otherwise attempt to
implement any
unauthorized or
illegal commercial
use of the Service
- Disrupt
the flow of
conversations in
chat rooms with, for
example, vulgar or
abusive language,
excessive
"shouting"
in ALL CAPS,
"spamming",
"flooding"
(i.e., posting
repetitive text) or
inputting large
images that result
in any displayed
audiovisual work
and/or related data
or information
appearing to move by
too fast to be read
by other
participants in a
chat room
- Post
or otherwise
disseminate within
the Service or
through any web
site(s) that are
part of the Service
or outside of the
Service any
real-world personal
information
regarding any other
user (whether or not
registered) or any
guest of the Service
- Use
any features or
functionality that
are part of the
Service (e.g.,
complaint buttons or
customer service
request forms) to
make any false
report to any
employees or
representatives of
Backstage
Casting.
- Intentionally
do anything that
interferes with the
opportunity or
ability of any other
user (whether or not
registered with the
Service) or guest of
the Service to enjoy
the features and
functionality of the
Service in
accordance with the
Service Terms,
and/or that
materially increases
the costs or
expenses of
implementing,
operating,
administering,
supporting and/or
maintaining the
Service (or any part
thereof)
- Backstage
Casting expressly
reserves the right (but
without any obligation)
to remove any content
and/or materials and
terminate any Account
(as applicable) that
contains any content,
data and/or information
that it determines, in
its sole discretion, to
be illegal, unlawful,
harassing, threatening,
intimidating, or an
infringement of any
third party's
intellectual property
rights or other
proprietary rights, or a
violation of any of the
terms or conditions
referenced in the
Service Terms or any
policies, rules,
regulations or
guidelines adopted by Backstage
Casting, at
its/their sole
discretion.
- If
Backstage
Casting or their
affiliates (as
applicable) determine
that the use of any
third-party widgets or
any other such content
or materials that are
made available on the
Service interfere with
the operation,
performance and/or
functionality of the
Service, they will have
the right to suspend the
Service and/or your
Account and/or to allow
you the opportunity to
correct and remedy the
noted problem to their
reasonable satisfaction.
- Harassment,
intimidation or
disparaging comments
(whether verbally or in
writing) or other
abusive conduct or
communications
(including threats of
abuse or retribution)
directed at Backstage
Casting, or any
of the officers,
directors, employees,
members, licensors,
customers, agents or
representatives of the
foregoing, will result
in immediate Account
termination without
advance notice and
without any obligation
or liability to the
owner of such Account(s)
or any third party.
- Please
be advised that if you
violate the Service
Terms, Backstage
Casting may issue
a warning to you
regarding your
violation, or,
alternatively, at its
sole discretion, may
elect to suspend or
terminate any and all
Accounts that you have
established. You
acknowledge and agree
that Backstage
Casting is not
required to provide you
with any form of written
or verbal notice before
suspending or
terminating your
Account(s), although it
may choose to do so, at
its sole discretion.
Service
and Pricing Changes
- Backstage
Casting reserves
the right at any time
and from time to time to
modify, change, suspend
or discontinue,
temporarily or
permanently, the Service
(or any part thereof)
with or without prior
notice to you or any
third party.
- Any
new modifications that
alter, change, improve,
enhance, augment, or
otherwise modify the
then-current Service,
including, but not
limited to, the release
of new tools, utilities,
resources, features or
functionality, shall be
subject to the Service
Terms.
- Backstage
Casting shall
have no obligations or
liability to you or to
any third party for any
modifications to the
Service, or any pricing
changes, or any
suspension or cessation
of the Service (or any
part thereof) or your
Account (or any aspect
thereof), and/or any
amendments or other
modifications to any
aspect of the Service
Terms.
- You
acknowledge and agree
that the cancellation of
your Account(s)
hereunder is your sole
right and exclusive
remedy with respect to
any dispute that you may
have that relates in any
manner to the Service,
including, without
limitation, any dispute
arising from or in
connection with (i) the
Service Terms or any of Backstage
Casting's
policies, rules,
regulations, or
guidelines relating to
the Service; (ii) your
ability or inability to
access and/or use the
Service , and (iii) the
content (including,
without limitation, any
related data and
information) displayed
or otherwise made
available as part of or
otherwise in connection
with the Service.
Ownership
of Service and
User-Generated Content
For
the avoidance of doubt, Backstage
Casting claims no
intellectual property rights
with respect to any of the
content that you elect to
provide to the Service,
including your profile and
any materials you
voluntarily elect to upload
to the Service and/or to the
web pages that you create
that are associated with
your registered Account(s).
However, by choosing to make
your web pages and related
content available on the
Service in a form that is
intended to be shared
publicly, you hereby grant
to Backstage
Casting and
their affiliates a
non-exclusive license (with
rights of sublicense) to
reproduce, prepare
derivative works, publicly
display, publicly perform,
and distribute any and all
such web pages and content
as part of the Service, and
you agree to allow all
registered users and other
individuals who access and
use the Service, to access,
view, reproduce, publicly
display, publicly perform,
comment upon, review, share,
and otherwise use and
distribute your web pages
and related content (or any
portions of any of the
foregoing) as part of or
otherwise in connection with
the Service.
Backstage
Casting expressly
reserves the right, at all
times and at its sole
discretion, to quarantine,
remove, delete and/or refuse
to continue to allow to be
displayed and distributed on
or as part of the Service
any web page(s), any content
or materials and/or related
data or information relating
to your Account(s) that is
made available via the
Service to interested users
(whether or not registered
with the Service), such as,
for example, and not as a
limitation upon the
generality of the foregoing,
any content or materials
that Backstage
Casting believe may
violate the rights of any
third party or contravene
any of the terms or
conditions referenced in the
Service Terms.
Thank
you
|