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NYCASTINGS.COM Terms of Service
Introduction
You have reached NYCASTINGS.COM. NYCASTINGS.COM is operated by NYCastings,
LLC. NYCastings.com provides this site and its features and services subject
to certain conditions, described in these Terms of Service ("Terms").
These Terms govern both your viewing of this site as a non-member, and
your membership if you choose to sign up, and remain in effect for as
long as you are a member 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:
Accessing Site
The minimum age to access this site or to become a member is eighteen.
If you are under eighteen, you may not sign up or provide us with any
personal information unless your use of the site is approved by a parent
or guardian. If it is determined that you are under eighteen, your membership
will be revoked immediately unless such permission is provided in writing
or is confirmed electronically. Membership in this site is limited to
residents of those jurisdictions where the services of NYCastings.com
are legal.
Membership
Membership in NYCASTINGS.COM is optional. You may browse certain parts
of the site without becoming a member. Most features of the site, however,
are available only to members. All eligible individuals, as described
above, may become members by providing us with the appropriate information
and paying the specified fees to subscribe. Your membership will last
for the length of the term for which you choose to subscribe, and will
entitle you to access all features of the site during that period. NYCastings.com
reserves the right to terminate your membership early if you violate these
Terms in any fashion.
Refunds
Once paid, your membership fees are unconditionally non-refundable. If
you terminate your membership before your subscription period has expired,
or if NYCASTINGS.COM terminates your membership due to your violation
of these Terms, you will not receive a refund for the unused portion of
your subscription period. Therefore, please carefully consider the length
of time for which you wish to join before signing up for membership.
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 only. Examples of
the prohibited uses of this site include:
" Commercial use: By using this site or becoming a member, you expressly
agree that you will not use this site for any commercial purpose. You
agree that you are joining for your personal use, 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 membership.
" 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 other 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 other members or prospective members to utilize 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 actor's profile, 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. 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. |