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. This paragraph shall apply to any and all methods of accessing our site, be it by computer, smart phone, text messaging, or otherwise.

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, text 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.

NYCastings is committed to increasing diversity and inclusion in the Entertainment Industries for actors of color, seniors, sex and actors with disabilities by informing our site partners or casting associates to be committed to Equal Opportunities for all potential talent that may use our service.

EEOC & DIVERSITY

NYCastings.com encourages increased employment opportunities for actors of every race, color, culture, age, gender, physical disability and sexual orientation, which also reflects the full diversity of of our global acting community. That is why we added 'Consider Me for Other Roles' to all casting notices so our site partners, clients and casting entitites will have a wide variety of talents to cast now or in the near future for projects they are needed on.

Please note that we make it clear on our site within our Terms of Service that any age range notices stated in our casting notices, are roles that require a talent that can play the specified age range sought by the casting directors. It does not denote the talent must be that age.

NYCastings.com, our site partners, clients and casting entitites are truly dependent on the inclusion of diverse talents to enrich the entertainment industries and to develop art that will be enrichening and emblatic for the future of the entertainment industries.

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 or text messages 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.

Email, Newsletters, SIte Updates & Casting Calls

NYCASTINGS.COM utilizes features whereby casting or other information may be sent to your email. By opting into our 3rd party mail services or joining our site as a free member or a paid subscriber, you will receive advertisements, site updates and casting notices. You further agree and acknowledge that you are fully responsible to update your emails in your NYCastings.com member account or remove them from our 3rd party service by opting out of the advertisement emails, site updates or role notifications. You agree we make it irrefutably clear how to remove yourself from all of our email services and cannot claim otherwise.

Text Messaging
 
NYCASTINGS.COM contains a feature whereby casting or other information may be sent to your cell phone via text messaging.  By opting into that feature and signing up for that service through our website, you hereby grant permission to NYCASTINGS.COM to send that information via text message to your cell phone.  You further agree and acknowledge that you will be responsible for any resulting service charges that may result from your cellular carrier for those text messages, and you further agree to hold NYCASTINGS.COM harmless for any claim as a result of those charges, or as a result of any potential claims that may arise from this text messaging service.