NYCASTINGS.COM Terms of Service
Introduction
Thank you for placing your casting notice on NYCASTINGS.COM. NYCASTINGS.COM
is operated by NYCastings, LLC. NYCastings.com’s interactive casting website,
its associated services and features and services (the “site”) are
made available subject to certain conditions, described in these Terms of Service
(“Terms”). These Terms govern both your submission of casting notices
and your use of the site in any capacity and remain in effect for as long as you
use or view this site. It is your responsibility to review these Terms of service
when you visit the site, as any changes to the Terms of Service will be posted
here. By reading, accessing, or otherwise using this site, or by becoming a member
of the NYCASTINGS.COM website, you are signifying your agreement to these Terms,
as follows:
Conduct
You agree not to use this site, or any information gathered on this site, for
any purpose other than the intended use of this site. This site is intended
for the private, personal use of its members and for the posting of casting
notices only. Examples of the prohibited uses of this site include:
Commercial use
By using this site, you expressly agree that you will not use this site for
any commercial purpose other than the posting of your own casting notice. You
agree that you are submitting casting notices and using the site for your organization’s
own casting opportunities, and not as an agent of any other person, corporation,
partnership, or organization. You will not gather information provided by members
for commercial purposes, nor will you distribute or sell it to non-members.
You will not “spam” or otherwise send chain letters, unsolicited
commercial emails, instant messages, postal mailings, or telemarketing calls,
to any member of this site based on information obtained as a result of your
use of the site.
Inappropriate materials
You will not post any information on the site which is libelous, threatening,
abusive, profane, offensive, obscene, in violation of copyright or trademark
laws, illegal, or otherwise unacceptable. You will not use contact information
provided on the site to harass, libel, threaten, or abuse any NYCastings member,
on or off the website. This provision is considered extremely serious, and
violators may be reported to the appropriate law enforcement agency.
Solicitation
You agree not to utilize this site in any way to solicit members or prospective
members to utilize any other casting websites or related services.
Actions of members
While NYCastings.com will attempt to enforce these policies to the best of
its ability, NYCASTINGS.COM cannot be responsible for the actions of casting
agencies or other persons seeking talent who obtain access to your listing,
outside of the NYCastings.com website. You acknowledge that while NYCASTINGS.COM
does screen persons who utilize the site either to cast actors or to locate
casting opportunities, it cannot control the behavior or actions of any of its
members or casting agencies. Therefore, you agree to hold NYCASTINGS.COM harmless
for the results if you choose to provide personal information to other users
or to contact them directly. It is your responsibility to use good judgment
when meeting other people, whether for casting opportunities or for any other
reason, as a result of your NYCASTINGS.COM membership. You interact with members
of the NYCASTINGS.COM website entirely at your own risk. NYCastings.com
makes no representations or warranties as to the background or character of
persons who obtain profile information via its website. Copyright
and Intellectual Property Notice All pages within this site, and the
logos, slogans, trademarks, and other content contained herein, are the property
of NYCASTINGS.COM. Except as permitted by the fair use doctrine under U.S.
copyright laws, or with the express written permission of NYCASTINGS.COM, you
may not copy, reproduce, publish, post, upload, modify, or distribute materials
contained on this site in any form. Use of this site constitutes an acknowledgment
by you that all exclusive casting listings of NYCASTINGS.COM are the exclusive
property of NYCASTINGS.COM and that NYCASTINGS.COM has sole and exclusive copyright
in such listings, as well as in any collection of listings and original copy
and other features, graphics and information covered under the Copyright Act.
Indemnity/Liability
When filling out the various requests for information, you represent that
you are authorized to provide the information requested, and agree to indemnify
NYCASTINGS.COM from any liability which arises from use of the information for
its intended purpose. You also agree that NYCASTINGS.COM may edit or delete
any information you provide which, in the sole judgment of NYCASTINGS.COM, is
illegal, inappropriate, or otherwise in violation of these Terms. Furthermore,
you agree to indemnify and hold harmless NYCASTINGS.COM from any liability to,
or claim of liability by, third parties arising from any of your activities
as a member of NYCASTINGS.COM.
You waive any claims against NYCASTINGS.COM arising from your use of the site in any way, including for any damage to hardware or software arising from such
use, including but not limited to your downloading and use of software applets such as Crystal Reports. In no event whatsoever is NYCASTINGS.COM responsible
for any consequential damages arising from your use of the site, and in no case will you be entitled, in the event of a legal claim, to damages greater than the
amount of your total accrued membership fees paid.
Privacy
You agree that the use of this website is governed by the Privacy Policy posted elsewhere on this site, and which may also be modified from time to time. You
agree to periodically check the site for modifications to the Privacy Policy and to do so when notified of any change by NYCASTINGS.COM.
External Links
From time to time, we may choose to post links on this site, either
in the form of text links or advertisements. Please be aware that some of these
links may be to sites which are not owned, operated, or controlled by NYCASTINGS.COM.
We cannot be responsible for the content of any site outside of our control.
We make no representations about these sites whatsoever. By clicking on these
links, you acknowledge that you understand the above, and that the policies
of use of these external sites may be different than those for this site.
Disclaimer
This site, including all content or information contained within, is provided
on an “as is” basis. To the fullest extent permissible by applicable
law, NYCASTINGS.COM disclaims all warranties, express or implied, including
but not limited to, implied warranties of merchantability and fitness for a
particular purpose. You assume total responsibility and risk for your use of
this site. Without limiting the above, NYCASTINGS.COM makes no representation
or warranty of any kind, express or implied, as to the website's availability
or accessibility, or to the reliability, accuracy, or currency of any information
or content contained herein. Moreover, NYCASTINGS.COM makes no representation
that this website or any emails sent from or on behalf of us are free of computer
viruses or other harmful components.
Under no circumstances shall NYCASTINGS.COM be liable for any direct, indirect, consequential, or incidental damages that result from the use of or inability
to use this site, including but not limited to your reliance on any materials contained herein. Certain state laws do not allow limitations on implied warranties
or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply,
and you may have additional rights.
Legal Notice
The provisions of these Terms of Use are intended to be severable. If for any
reason any provision of these Terms of Use shall be held invalid or unenforceable
in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction,
be ineffective to the extent of such invalidity or unenforceability without
in any manner affecting the validity or enforceability thereof in any other
jurisdiction or the remaining provisions hereof in any jurisdiction.
In the event of any dispute arising out of the use of this site, the laws of
the state of New York shall govern, without giving effect to any principles of conflicts of laws.
NYCastings.com and site users agree to submit to the exclusive jurisdiction of courts sitting
in the City of New York, and agree not to commence any litigation elsewhere, and waive any jurisdictional, venue,
or inconvenient forum objections.
