Terms and Conditions
Terms & Conditions of Use
- 1. Acceptance of terms and conditions
1.1 The following information, together with any documentation or ancillary policies referred to in this document, set out the terms and conditions (“Terms and Conditions of Use”) on which we offer you access to our services (“Services”) as listed on our website TheCastingWebsite.com “our Site”.
1.2 These Terms and Conditions of Use are mandatory and not optional.
1.3 Please read these Terms and Conditions of Use carefully before using the facilities on our Site or using the Services provided by us.
1.4 You should be aware of, and understand that by using our Site you agree to be bound by these Terms & Conditions of Use, whether or not you register as a member of our Site or our casting Services.
1.5 If you wish to become a member and make use of TheCastingWebsite.com Services (the “Services”), please read these Terms & Conditions of Use. Consequently, if you object to anything in these terms and conditions or any other policies of our Site, do not use the Site or any of the Services offered by this Company.
1.6 You should print a copy of these Terms and Conditions of Use for your records and any future reference.
1.7 These Terms and Conditions of Use (as amended from time to time) shall together with any other documents specifically referred to herein form the entire agreement between us.
- 2. About Our Site
2.1 TheCastingWebsite.com is a site operated by Robert J. Earnshaw Ltd “the Company”. We are registered in England and Wales under company number 06959757, trading as TheCastingWebsite and with our registered office at 3 Hollinswood Court, Stafford Park 1, Telford, Shropshire, TF3 3BD
- 3. Our Services
3.1 Our Site provides a number of Services for both casting applicants and advertisers. The full extent of the Services offer by this Site are set out below:
3.1.1 The Site enables advertisers such as television production companies, advertising agencies, theatres, event promotion companies and other advertisers operating in the entertainment industry to place classified advertisements.
3.1.2 Advertisers may choose to place advertisements, and applicants such as models, actors, dancers, photographers, musicians and applicants seeking casting calls within the entertainment industry may choose to apply to such advertisements, at which point our Site will forward the applicant’s details to the advertiser or display further application instructions.
3.1.3 Subscribers to membership of the Site can choose to make their personal information and photos accessible by and viewable to casting professionals. Our Services allow applicants to contact and receive contact from other members of our Site.
3.1.4 This Site takes every measure to ensure our advertisers are legitimate, please refer to our Child Protection Policy document. However, the Site is not responsible for the content of advertisement or other information as it is provided by any third party, and makes no warranty as to the accuracy of any these advertisements or additional information as provided by parties other than our Site. Members should always use their own judgement and discretion in deciding whether or not to apply for any of the roles advertised on this Site. We provide our Services only for the purposes of providing listings for casting and auditions with third party advertisers. We shall not be liable under any circumstances for the actions of any advertiser of any role featured on this site.
3.1.5 The Site is not responsible for the content of, and makes no warranty as to the accuracy of, members’ personal information. Advertisers should always use their own judgement and discretion in deciding whether to contact, cast or audition with members listed on this Site. We shall not be liable under any circumstances for the actions of any Member.
3.1.6 Our Sites Services as described above are limited to providing casting directors and entertainment producers with information about applicants seeking work in the entertainment business. These Services are the only young talent service provided by this Site and it is not connected to or affiliated with the advertisers or applicants, in any way save in respect of these terms and conditions.
- 4. Your Status: Member Contact
4.1 By creating your profile or uploading and including your photo in the talent directory you agree and warrant that:
4.1.1 The Site will publish your personal information and photos, and allow approved casting directors to contact you.
4.1.2 You will not use the contact system to send junk mail, spam, offensive messages, or for any purposes other than those directly related to auditions or casting calls. The Site reserves the right to withdraw access to the Site in such circumstances, and cancel your membership.
4.2 The Site will be the sole judge of any breach of our Terms and Conditions of Use.
4.3 Any breach of these Terms and Conditions of Use can result in your membership being terminated and a permanent ban from the Site.
4.4 No refund will be given if you have breached these Terms and Conditions of Use.
- 5. Your Status: Responsibility for Minors
5.1 This Site is intended for persons aged between 5 & 21years of age. Minors under the age of 18 who access this site are required to be supervised by a parent or guardian. Members are not permitted to upload images of an adult nature. Any breach of this nature will incur immediate expulsion and cancellation.
5.2 Please refer to our Child Policy and Child Protection Policy.
- 6. Your Obligations
6.1 You are responsible for ensuring that no material or content you post, or which is posted through a device on which you access the Site, nor any activity or communication you make in connection with any of the Sites Services, should be capable of the following:
6.1.1 Infringing the intellectual property, right to privacy, or other rights of any person or entity, including this Site;
6.1.2 Breaching any applicable law, whether criminal, tortuous or otherwise;
6.1.3 Being objectionable, within the meaning of ratings as defined by the British Board of Film Censors, (BBFC) under the revised 1989 revisions;
6.1.4 Appearing to be offensive, threatening, harassing, obscene, pornographic, false, unreliable, misleading, or defamatory in nature; or
6.1.5 Being considered spam or unwanted advertising of products or Services.
- 7. Subscriptions: Charges on your Billing Account
7.1 Joining the Site is free of charge.
7.2 The Site does not make a charge to an advertiser in the event that it employs an applicant and does not charge a fee or take commission from an applicant who has secured work from the provision of the Services.
7.3 Generally the fees payable in respect of the Auditions, Closed Casting Calls and Services shall be those fees as set out on the Site from time to time. We reserve the right to vary the fees in accordance with these terms and conditions.
7.4 The Site bills you through an online account, from here on referred to as the “Billing Account,” for use of the Services.
7.5 You agree to pay the Site all charges at the prices then in effect for any use of the Services by you or other persons, including your agents and you authorize the Site to charge your chosen payment provider, as set out in your “Payment Method” for the Services. You agree to make payment using that selected Payment Method.
7.6 The Site reserves the right to correct any errors or mistakes that it makes after payment has either been requested or received.
7.7 Recurring Billing. The subscription plans to the audition Services consist for a period of 12months from the day of application acceptance. By agreeing to these Terms & Conditions of Use, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. To terminate your authorization or change your payment methods please email firstname.lastname@example.org or contact your chosen payment gateway provider.
7.8 Current Information Required. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate, such as a change in billing address, credit card number, or credit card expiration date. You must promptly notify the Site if your payment method is cancelled e.g. for loss or theft, or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made by emailing email@example.com. The company is not responsible or liable for any circumstance that develops from a breach if you fail to notify the Site, through the proper channels, or such a breach.
7.9 If you fail to provide the Site any of the aforementioned information, you agree that the Site may continue charging you for any use of the service under your billing account unless you have terminated your subscription for the service.
7.10 Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method, hereafter referred to as the “Payment Method Provider”. If the Site does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
7.11 Change in Amount Authorized. You agree that the Site may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
7.12 Auto-renewal. The Site subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or resign your subscription at any time, email firstname.lastname@example.org. If you resign, you may use your subscription until the end of your current subscription term; your subscription will not be renewed after your current term expires. However, you won’t be eligible for a pro-rated refund of any portion of the subscription fee paid for the then-current subscription period.
7.13 Reaffirmation of Authorization. Your non-termination or continued use of the Services reaffirms that the Site is authorized to charge your Payment Method. The Site may submit those charges for payment and you will be responsible for such charges. This does not waive the Site’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Services.
8 Variation of Price Changes
8.1 We reserve the right to increase fees or introduce new prices or charges at any time.
9.1 You have the right to cancel your membership with the Site and claim a refund within 7 days of your first subscription payment, provided you have not used any of the features of the site to do the following:
9.1.1 Applied for any roles listed on our Site;
9.1.2 Submitted your photo to the talent directory;
9.1.3 Received or made any contact through the site; or
9.1.4 Made your profile public.
9.2 A 20% administration fee is charged for processing each refund. To cancel your membership and request a refund, contact us at email@example.com.
9.3 The Site will usually refund any monies received by you via the same Payment Method utilised by you.
10 Limitation of Liability
10.1 This condition sets out the entire liability of the Company, including any liability for the acts or omissions of its employee, agents, consultants and subcontractors, to you in respect of:
(a) Any breach of contract;
(b) Any use made by you of the Services as they are provided by the company and this Site;
(c) Any representation, statement or tortuous act or omission, including negligence, arising under or in connection with these terms and conditions;
(d) another member’s acts or omissions; or
(e) Your use of or inability to use, the Services or this Site
10.2 You agree that, to the maximum extent permitted by law, any and all liability and responsibility of the Site to you or any other person under or in connection with these terms and conditions, in respect of the above is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise.
10.3 Nothing limits or excludes the liability of the Company for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by the Company.
10.4 Subject to term 10.3 the Site’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
10.5 Any views, thoughts or opinions expressed on this Site by advertisers, applicants, contributors, or any third party are not necessarily the views, thoughts or opinions of the Company or its affiliates.
11 Data Protection
12.1 You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your use of our Services.
13.1 Without limiting any other rights and remedies available to the Site, we may limit your activities on the web site, remove your advertisements, remove your profile and files, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions or where the Site considers it appropriate.
14 Intellectual Property
14.1 Materials contained on this Site are protected under copyright and other laws of the United Kingdom and under international conventions and similar laws abroad.
14.2 You are not permitted to use or reproduce or allow anyone to use or reproduce the name and logo of the Site for any reason without our express written permission
14.3 As between you and the Company all Intellectual Property Rights shall at all times be owned by the Company.
15.1 Although we take reasonable steps to prevent the introduction of viruses or other destructive materials to our Site or on-line service, we do not guarantee that the service or materials that may be available from our Site 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 Site, you do so solely at your own risk.
16 Site Access
16.1 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.
17.1 The Company collects personal information about you through your use of the Services and the web site, including your registration details; and information relating to your use of the web site, the content you access, and any messages you send.
17.2 You agree that the Site may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, for promoting and marketing other products and Services available to you via the Site, and for any other use that you authorise.
17.3 You also agree when you choose to make your profile available to us or include your photo in the talent directory that the Site will publish your personal information and photos, and allow other members to contact you. You have the ability to access and correct your personal information at any time.
17.5 Payments taken using pay pals virtual terminal over the telephone for payments taken will not be stored after the transaction takes place.
18 The Site’s Rights to Variation
18.1 We reserve the right to revise and amend these Terms and Conditions of Use from time to time, as we see fit.
18.2 Changes will be effective immediately upon posting of the updated Terms and Conditions of Use on this Site.
18.3 You will be bound and subject to any revised Terms and Conditions of Use as they become effective. You are responsible for ensuring you are familiar with the latest Terms and Conditions of Use. Continuing to use the Site represents your agreement to be bound by the Terms and Conditions of Use as amended.
19 Force Majeure
19.1 The Site shall have no liability to you if it is prevented from, or delayed in performing, its obligations or from carrying on the Services by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of the Site or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
20 Law and Jurisdiction
20.1 The Site is operated and administrated in compliance with the laws of England and Wales.
20.2 Any dispute or claim arising out of or in connection with these terms and conditions and any agreement arising from this Site shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
TheCastingWebsite.com On-Line Restriction – Further Terms and Conditions
As part of our Site you can register on line and sign up to apply for the various roles advertised. When you register to use the service, there are further terms and conditions that apply, in addition to those set out above. They are set out below.
21 Inaccurate Information
21.1 Every piece of information provided to us must be complete and accurate information. If your information changes, you will be responsible for providing us with the updated information. We shall not be held liable for any loss, damage or consequences as a result of inaccurate or incomplete information we receive from you.
21.2 Please refer to Clause 6 and 7.8 as set out above
22 Password and Sign in Security
22.1 You responsible for any use of our on-line service with your password and protecting your password from unauthorised use.
22.2 You are also responsible for the security of any computer where you choose to remain signed in to the Site.
22.3 The Company is not responsible for any breaches of security as they relate to your password and login details.
23.1 The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Site has no control over such sites and resources, you acknowledge and agree that the Site is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources.
23.2 You further acknowledge and agree that the Site shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or Services available on or through any such site or resource.