Casting Loop, owned and operated by Brooke Thomas Group, LLC, (herein referred jointly to as variously "Casting Loop", "we" or "us") provides certain services (described below) on or through our website at www.CastingLoop.com (together with any related websites and mobile services operated by Casting Loop, the "Service" or the “Casting Loop Service”). By using our Service, you agree to the following terms and conditions (the "Terms of Service"). These Terms of Service comprise the entire agreement between you and Casting Loop and supersede all prior agreements between the parties regarding the subject matter contained herein. In addition, when using particular features on or through the Service, you shall be subject to any posted policies and guidelines applicable to such features, including any terms or conditions applicable to features provided in conjunction with any of our content and service partners. All such rules and guidelines are hereby incorporated by reference into these Terms of Service.
If you do not understand or agree with these Terms of Service, please do not use the Casting Loop Service or any of its features and do not register to be a member or registrant of the Service.
BY USING ANY OF PART OF THE SERVICE OR BY COMPLETING ANY REGISTRATION OR PURCHASE PROCESS WITHIN CASTING LOOP, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use Casting Loop Service as long as you adhere to these Terms of Service.
The Casting Loop services allows actors, casting directors, talent agents, talent managers, producer and directors to share information. Such services, for example, include but are not limited to professional and amateur profile listings, casting notices, class and workshop listings, promotional announcements, and casting calls.
The Casting Loop Service also allows acting students to find classes, workshops, and events that they are interested in taking, and allows instructors to find students interested in taking their classes. Payments for all class fees are transacted directly through major credit card providers. We reserve the right to refuse to provide the Service to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice.
The Casting Loop service also allows casting industry participants to share information in a social networking capacity, via activity streams, social networking profiles, and integrations with third-party networks.
In order to register with Casting Loop you may be required to supply a valid email address, which will be used as a unique identifier for your account, and your first name, last name, and ZIP code. You will also be asked to set a password if you choose to use Casting Loop Profiles, a feature of Casting Loop. You may also be asked to provide certain other information, including an image(s), interests and/or other requested information. You are solely responsible for maintaining the confidentiality of your password and account. You agree not to transfer your email address or password, or lend or otherwise transfer your use of or access to the Service, to anyone else. You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time by following instructions available on your Profile Page.
You agree to immediately notify us at firstname.lastname@example.org of any unauthorized use of your account or any other breach of security related to your account or the Service.
By using this Service, you represent and warrant that you have the right, authority, and capacity to enter into this Terms of Service agreement and to abide by all its terms and conditions. Also, you must be an individual of 13 years of age or older to register or use the Service.
LICENSE TO USE THE SERVICE
Casting Loop grants you a limited license to access and make personal use of this Service and not to download (other than page caching) or modify it, or any portion of it, except with Casting Loop’s express written consent. The foregoing license does not include any resale or commercial use of this Service, the Service or its contents; any derivative use of this Service, the Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Service, or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without Casting Loop's express written consent. Use of the Service that constitutes abuse shall be determined by Casting Loop, in its sole discretion. Casting Loop reserves the right to terminate your account if Casting Loop determines you have not complied with these Terms of Service.
RESTRICTION ON USE OF CONTENT
You acknowledge that the Service may contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. The Content, taken together in its entirety, is protected under U.S. copyright laws as a collective work, and we own a copyright in the selection, coordination, arrangement and enhancement of such Content.
Modification of the Content or use of the Content for any other purpose, including use of any such Content on any other web site or networked computer environment is strictly prohibited. Except as otherwise expressly authorized in writing in advance by us, you agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the Service, including the Content.
MATERIALS SUBMITTED THROUGH THE SERVICE
You are solely responsible for any data, text, software, sound files, images, photographs, graphics, video, messages, files, links or any other materials ("Materials") that are transmitted, posted, or distributed by you through the Service, including, but not limited to, the contents of your email communications, information, reviews, user ratings, photos or images posted or sent by you to or through the Service. All Materials posted or sent by you, are your sole responsibility. By posting or sending Materials you represent and warrant that you own all right, title and interest to such Materials and any likenesses contained in such Materials.
Casting Loop does not control the Materials posted or sent through the Service and, as such, does not guarantee the accuracy, integrity or quality of such Materials. By using the Service you understand and agree that you may be exposed to Materials posted by other users that may be offensive, indecent or objectionable.
UNDER NO CIRCUMSTANCES WILL CASTING LOOP BE LIABLE IN ANY WAY FOR ANY MATERIALS POSTED BY ANY USER OR THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SERVICE.
You agree that if you post any Materials through the Service, you automatically grant to Casting Loop, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Materials, to use, distribute, display, modify, publish, adapt, redistribute, sublicense and reproduce such Materials to other users of the Service and to third parties with whom Casting Loop has a relationship. You also grant Casting Loop the right to authorize the downloading and printing in whole or in part of any Materials that you post to the Service.
You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate the Materials before allowing them to be posted on or through the Service or otherwise stored in connection with the Service; and (b) we may do one or all of the following, at our sole discretion: (i) monitor the submission of
Materials; (ii) alter, remove, or refuse to post or allow to be posted or stored any Materials; and/or (iii) disclose any Materials or any communication through the Service, and the circumstances surrounding the transmission thereof, to (1) any third party in order to operate the Service, (2) comply with applicable laws, (3) respond to governmental inquiries or requests, (4) comply with valid legal process, (5) protect the rights, privacy, safety or property of Casting Loop, the Service visitors or the public, (6) permit us to pursue available remedies or limit the damages that we may sustain, and/or (7) enforce these Terms of Service.
RESTRICTIONS ON THE USE OF THE CASTING LOOP SERVICE
You agree not to do the following on or through the Casting Loop Service:
■ Post, transmit, or otherwise make available, through or in connection with the Service anything that is or may be:
■ Material that you do not have a right to transmit under any 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).
In order to permit us to protect the quality of our products and services, you hereby consent to our employees and representatives being able to access your account and records for any reason, in our sole discretion. We also reserve the right, but do not assume the responsibility, to monitor or review your conduct while using the Service. Your use of the Service is subject to all applicable local, state, national and international laws and regulations.
LINKS TO THIRD PARTY SITES
The Service may provide, or third parties may provide, links to other Internet websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials (collectively, "Third Party Materials") on or available from such sites or resources.
You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Casting Loop has no control and which will govern your rights and obligations with respect to the use of those such third party's product, services or Websites.
You agree to indemnify, defend and hold harmless Casting Loop and Brooke Thomas Casting LLC and its subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns from any and all third party claims, liability, damages, costs or demands, including, but not limited to, attorneys' fees, arising from (i) your use of the Service, including, but not limited to, all content therein and any products or services obtained by you through the Service, (ii) the violation of these Terms of Service by you, (iii) the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity; or (iv) your violation of any applicable law or regulation.
With regard to Casting Loop classes, workshops, and various events, your attendance of a given class, workshop, or event is at your sole risk. You acknowledge and agree that by participating in any class (whether as a student or teacher) you may be exposed to a variety of risks and hazards, which may or may not be foreseen, including (without limitation) personal injury, property damage and death. You are solely responsible for all costs and/or risks associated with your participation in any class. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE CASTING LOOP AND EACH OF THE OTHER CASTING LOOP PARTIES FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO YOUR PARTICIPATION IN ANY CLASS, WORKSHOP, OR EVENT, WHETHER AS A STUDENT OR TEACHER. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CASTING LOOP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE SERVICE. CASTING LOOP MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. CASTING LOOP MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR LISTED CLASSES, WORKSHOPS, AND EVENTS OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT CASTING LOOP DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR
SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO CASTING LOOP FROM THIRD PARTIES OR MATERIALS PROVIDED BY OTHER USERS. CASTING LOOP ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF THE SERVICE, OR CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE SERVICE.
TERMINATION AND MODIFICATION OF THE SERVICE
You agree that we, in our sole discretion, may terminate your password, account, profile, (or any part thereof) or use of the Service, and remove and discard any Materials within the Service, for any reason, at any time, without notice to you. We will also terminate your account upon receiving reliable information involving your violation of any law, and will cooperate with law enforcement agencies on such matters. We may also, in our sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that we shall not be liable to you or any third party for any termination of your access to the Service.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue the Service, including, but not limited to (i) restricting the time the Service are available, (ii) restricting the amount of use of the Service permitted, and (iii) restricting or terminating any user's right to use the Service, with or without notice; (b) charge fees in connection with the use of the Service; (c) modify and/or waive any fees charged in connection with the Service; and/or (d) offer opportunities to some or all users of the Service. You agree that neither we nor any of our affiliates, shall be liable to you or to any third party for any modification, suspension or
discontinuance of the Service, in whole or in part, or of any service, content or feature offered through the Service.
The Service is controlled and operated by Casting Loop from the United States, and is not intended to subject Casting Loop to the laws or jurisdiction of any territory other than that of the United States. Casting Loop does not represent or warrant that the Service or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Service's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
GOVERNING LAW AND OTHER MISCELLANEOUS TERMS
These Terms of Service do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Casting Loop. These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the state or federal courts located in New York City in the State of New York and you hereby consent and submit to the personal jurisdiction of such
courts for the purposes of litigating any such action and you waive any jurisdictional, venue or inconvenient forum objections to such courts.
You agree that any claim or cause of action arising out of your use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose (two (2) years for residents of Texas) or it shall forever be barred, notwithstanding any status of limitations or other law to the contrary. Within this period, any failure by Casting Loop to enforce or exercise any provisions of these Terms of Service or related right shall not constitute a waiver of that right or provision.
If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Casting Loop may assign these Terms of Service, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense these Terms of Service or any or all of your rights or obligations under these Terms of Service without Casting Loop's express prior written consent.
These Terms of Service will inure to the benefit of Casting Loop's successors, assigns and licensees.
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
This is the entire agreement between you and Casting Loop relating to the subject matter herein and may not be modified by you.
Without limitation, you agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to
the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND COPYRIGHT NOTICES
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances, and at our discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
INFORMATION OR COMPLAINTS
If you have a question or complaint regarding the Service, please send an email to email@example.com.
MODIFICATIONS TO THESE TERMS OF SERVICE
Casting Loop reserves the right to amend these Terms of Service at its sole discretion and any modifications shall be effective immediately upon posting.