USER AGREEMENT

Access to and use of Castingville is governed by this User Agreement. Registering with Castingville indicates acceptance of all existing terms of this User Agreement as well as any and all subsequent changes. Users who do not agree to be bound by these terms should not register with or use Castingville. Castingville reserves the right to update the terms of the User Agreement at any time at its sole discretion and all updates shall appear at this location on Castingville.com.

TERMS OF USE

Access, use and services provided are governed by this User Agreement. Registration and use of the website indicates acceptance of this User Agreement. Any User who does not agree to be bound by these terms should not register or use Castingville. Castingville reserves the right to update the terms of this Agreement at any time. Registered Users are requested to review the terms of the User Agreement from time to time since continued use of Castingville signifies acceptance of any and all terms that existed at the time of registration and any all subsequent terms, additions, deletions, changes or otherwise that may occur in the future.

USERS
This User Agreement applies to users of Castingville ("Castingville", "Castingville.com") by, among others, actors, singers, dancers, performing artists, voice performers, models, casting agents, managers, directors, choreographers, musical directors, producers, video production companies, studios and advertising agencies (collectively or individually referred to herein as "Users"), and/or between Users, but does not apply to any other website or offline point of contact between Castingville Users, or any other company or individual.

ELIGIBILITY
Users must be at least eighteen years old to register for use on the Castingville website. Users under the age of eighteen years agree that they have the consent of a parent or legal adult guardian. Use of Castingville is void where prohibited. By using Castingville, Users represent and warrant that they have the right, authority, and capacity to legally enter into this User Agreement and to abide by all of the terms and conditions of this Agreement.

TERM.
This User Agreement will remain perpetually in full force and effect for individual use and/or companies that contract with Castingville. Any breach of this User Agreement may cause termination of an account at any time. The terms of this Agreement shall survive any account termination.

USE.
Users agree not to distribute, publish, transmit, modify, display or create derivative works from, exploit, or profit from the contents of this site in any way other than for the purpose of seeking employment.

CONTENT.
Users understand and agree that Castingville may review and delete any content, photos or profiles (collectively, "Content") that in the sole judgment of Castingville violate this Agreement, or that might be offensive or illegal, or that might violate the rights of, harm, or threaten the safety of users.

Users may remove their Content from Castingville at any time. Castingville cannot guarantee that information removed from the Internet will not be subsequently displayed by other search agents and indexing services that may retain and display a copy of a web page that Castingville has removed. Information may also exist in backup or cached copies on Castingville's servers for a reasonable period of time but will not be generally available to Users of Castingville.

Users acknowledge and agree that Content posted on Castingville in the form of all personal content within a user Profile, including without limitation, User name, questions answered, tags, links, photos and all other content that is voluntarily posted, added, or submitted to Castingville will be searched by other Castingville Users.

A Castingville Premium account allows a User to create a personalized URL for use in association with other online profiles. Users agree that a URL cannot contain names currently used by, reserved or legally contracted for use by Castingville. Company names and trademarked names or terms are not allowed for use within any personalized URL. Users acknowledge and agree that Castingville may review and delete any content within a personalized URL, for any reason whatsoever that, in the sole judgment of Castingville, is determined to violate this Agreement, or that might be offensive or illegal, or that might violate the rights of, harm, or threaten the safety of users.

All employment solicitations must be for verifiable opportunities that Users intend to fill within (1) year.

Users are solely responsible for the Content that they communicate, publish, display, or submit on Castingville. Castingville reserves the right to remove any content from the site that hinders the intended use and/or user experience. Users agree not to take any action or submit Content that is prohibited by these terms.

Castingville reserves its rights to remove any content or prohibit any conduct that is contrary to the purposes of its site. Castingville reserves the right to take appropriate legal action, in its sole discretion, against anyone who violates the provision regarding Content and conduct. Castingville will prosecute, or assist in the prosecution of violators to the fullest extent of the law.

Users acknowledge and accept that there is a chance that by using Castingville they might be exposed to prohibited items, activities or behavior and, to the maximum extent allowed by law, Users waive their rights to any damages (from any party) related to such exposure. Users agree to use Castingville in a manner consistent with any and all applicable local, state and federal laws and regulations.

Users agree to assume all risks associated with the use of Castingville and that under no circumstances will Castingville be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the misuse of Castingville and/or any and all Content posted, emailed or otherwise associated with the use of Castingville. Castingville does not pre-screen or approve Content, but Castingville shall have the right (but not the obligation) in its sole discretion to refuse, delete, or move any Content that violates the letter or spirit of the User Agreement or for any other reason.

SPAMMING.
Users will not engage in advertising or solicitation of other Users to buy or sell any products or services through Castingville. Users will not transmit "junk mail", "chain letters," unsolicited mass mailing, or any form of "spamming" while using Castingville. Although Castingville cannot monitor the conduct of its Users offline, it is a violation of these terms to use any information obtained from the site to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User for purposes other than as permitted under this Agreement.

TERMINATION OF SERVICE. Users agree that Castingville, in its sole discretion, has the right to delete or deactivate an account, block User emails or IP addresses, or otherwise terminate access to or use of the Castingville, immediately and without notice, and remove and/or discard any Content for any reason, including, without limitation, if Castingville believes that a User has acted inconsistently with the terms of the User Agreement. Further, Users agree that Castingville shall not be liable to Users or any third-parties for any termination of access to the site. Users agree not to attempt to use Castingville after termination of their account.

CANCELLATION OF BASIC USER ACCOUNT. Users may cancel their Castingville account at any time by clicking on the "Cancel My Account" button on the Member Home page.

CANCELLATION OF FEE-BASED USER ACCOUNT. Users having accounts that require payment will retain access to the features of the account subject to their applicable payment having been paid when due. Users may cancel their account at any time by clicking on the "Cancel My Account" button on the Member Home page. Users will not be eligible for any refund nor any prorated portion of fees paid for the remaining Term. Premium Account Users have the option of automatically converting to a Basic (free) Account by not submitting the applicable payment when requested for renewal. Basic Account features will then apply. The Basic Account will remain active until the User executes a cancellation by clicking on the "Cancel My Account" button on the Member Home page.

THIRD PARTY CONTENT. The information is provided for Users only and may not be copied or redistributed for any reason. The information is provided "as is" without warranty of any kind whatsoever. The information is the intellectual property of the provider. Use of the information must in all cases comply with all applicable laws and regulations.

JURISDICTION. This User Agreement shall be governed by the laws of the State of New York, without reference to conflicts of laws and principles. Any dispute arising from these terms or the use of the Castingville shall be resolved exclusively in the state and federal courts located in New York County, in the State of New York, and Users agree to the exclusive jurisdiction of and venue in such courts. Castingville makes no representation that this site is appropriate or available for use in other locations outside the United States. If Users access this site from outside the United States, they are advised that products or services may not be available, or are regulated or prohibited in other countries.

LINKS. Some links on Castingville will allow Users to connect with sites that are not under Castingville's control. Castingville is providing these links only as a convenience. The appearance of a link does not imply Castingville's endorsement, nor is Castingville responsible for the content of any linked site. Users access them at their own risk.

OWNERSHIP OF INTELLECTUAL PROPERTY. This Agreement does not transfer from Castingville to any User proprietary technology developed by Castingville or intellectual property rights held by Castingville.

PRIVACY. For an explanation of Castingville practices and policies related to the collection, use and storage of Personal Information, please read the Privacy Policy.

INTELLECTUAL PROPERTY / INFRINGEMENT. Castingville respects the intellectual property of others, and asks Users to do the same. Castingville may, at its discretion, disable and/or terminate access to Castingville for Users who infringe the rights of other Users. If Users believe that Content has been copied in a way that constitutes infringement or intellectual property rights have been otherwise violated, Castingville requests the following information to investigate the claim:

  1. an electronic or physical signature of the copyright or intellectual property owner, or the person authorized to act on behalf of the owner
  2. a statement made under penalty of perjury that claimant is the copyright or intellectual property owner or authorized to act on the owner's behalf.
  3. a description of the copyrighted work or other intellectual property that has been allegedly infringed
  4. the location on Castingville where the infringement has occurred
  5. contact information for the claimant, including address, telephone number, and email address
  6. a statement by claimant that the disputed use is not authorized by the owner, agent or law
  7. a statement made under penalty of perjury that the information in the claim is accurate

For notices of claims of copyright or other intellectual property infringement, send correspondence to:

Mr. Philip Weiss
Law Firm of Weiss and Weiss
300 Old Country Road, Suite 251
Mineola, NY 11501
p. 516-739-1500

COPYRIGHT AND TRADEMARK. Unless otherwise noted, all materials on this site are protected as the copyrights, trade dress, trademarks, service-marks, and/or other intellectual property owned by Castingville or by other parties that have licensed their material to Castingville. Castingville marks on this site represent some of the marks currently owned or controlled in the United States and/or in one or more other countries by Castingville. All rights not expressly granted are reserved by Castingville.

INDEMNITY: Users agree to indemnify, defend and hold harmless Castingville, its owners, directors, officers, employees, representatives, affiliates and agents from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses arising out of any unauthorized uses of any material or services on the site or any breach by Users of this User Agreement now or at any time in the future including any unauthorized uses made or attempted after termination of any User account.

NO WARRANTY. CASTINGVILLE IS PROVIDED ON AN "AS IS" BASIS. CASTINGVILLE RESERVES THE RIGHT WITHOUT PRIOR NOTICE TO DISCONTINUE OR CHANGE THE SPECIFICATIONS OF THE CASTINGVILLE WEBSITE. USE OF CASTINGVILLE IS AT USER RISK. CASTINGVILLE DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSLY MADE AND/OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM ANY NORMAL COURSE OF BUSINESS. CASTINGVILLE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CASTINGVILLE HAS NO OBLIGATION TO REMEDY ANY DEFECTS WHETHER KNOWN OR UNKNOWN UNLESS REQUIRED BY LAW.

LIMITATION OF LIABILITY. ALL USERS EXPRESSLY UNDERSTAND AND AGREE THAT CASTINGVILLE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CASTINGVILLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). CASTINGVILLE SHALL NOT LIABLE FOR DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE; ANY COSTS ASSOCIATED WITH THE PURCHASE OF GOODS AND SERVICES CONDUCTED THROUGH CASTINGVILLE; MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM CASTINGVILLE; UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF AND BY ANY THIRD PARTY USING CASTINGVILLE OR HAVING A PRESENCE ON THE CASTINGVILLE WEBSITE; AND, ANY OTHER MATTERS RELATING TO USERS AND CASTINGVILLE, ITS OWNERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES.

ENTIRE AGREEMENT. For all users, the User Agreement and Privacy Policy represent the Entire Agreement between Users and Castingville.

USER ACKNOWLEDGEMENT. Registration and use of Castingville indicates acceptance of the Castingville User Agreement. If a User does not agree to be bound by these terms, please do not use Castingville.

 

FOR THE COMPLETE TERMS AND CONDITIONS GOVERNING THE USE OF CASTINGVILLE, IT IS RECOMMENDED THAT ALL PROSPECTIVE USERS CAREFULLY REVIEW BOTH THE USER AGREEMENT AND PRIVACY POLICY.