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Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.


We recommend you keep a copy of these Terms and Conditions for your own reference.

Date of Last Revision: Jan, 1, 2011

Acceptance

Your use of this website is subject to the following terms and conditions and by using this Website you agree to be bound by these terms and conditions, whether or not you register as a member of Backstage Casting. If you do not agree to be bound by the Terms and Conditions or the Privacy Policy you may not use the Website or Service. If you do not agree with any particular changes to the Service Terms and/or to the Service, your only remedy is not to use the Service and to cancel the account(s) for which you previously signed-up.

Changes to the Terms and Conditions

These Terms and Conditions may be changed by us from time to time. Changes will be effective immediately upon posting of the updated terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Continuing to use the Website represents your agreement to be bound by the terms and conditions as amended.

If there is a conflict between these Service Terms and any other policies, rules, regulations or guidelines posted on the Service, then  Backstage Casting shall resolve such conflict in its sole discretion. Any questions about the Service Terms should be submitted through our online contact form available here

The Service

  1. You must be 16 years or older to create an Account that will entitle you to use the Service.
  2. You must provide your full legal name, a valid email address, and any other information requested during sign-up in order to complete the registration process. You may from time to time be required to provide further contact and other information as a condition of continuing use of part(s) or all of the Service.
  3. You must update any information provided immediately if it becomes inaccurate and must ensure that the email address in your Account information is at all times a valid address at which you can be contacted.
  4. You must not provide any false or inaccurate information whether during the registration process or otherwise.
  5. Accounts must not be registered by a "bot" or any other automated process or method.
  6. You will need to create a log-in name and a password in order to establish an Account. You must not use a log-in name that is also being used by anyone else, and your log-in name must not be vulgar, offensive or otherwise objectionable, as determined by  Backstage Casting  at their sole discretion. Protecting your Account and preserving the security of your password is your responsibility. Backstage Casting shall have no obligation or liability to you or any third party for any loss or damage resulting from your failure to maintain adequate protection for your Account, log-in name and/or password.
  7. Only one person may use a log-in. Stated differently, a single login must not be shared by multiple users.
  8. You agree that when you create a profile, Backstage Casting, will publish your information, photos, videos and audio.. Backstage Casting will be the sole judge of any breach of conditions. Any breach of these conditions can result in your membership being terminated and a permanent ban from the site. For the avoidance of doubt, we shall not post your personal contact information (such as email address, home address or telephone numbers) on the Website under any circumstances. Members can not be contacted directly. Booking can only be made through the agency 
  9. You agree that If for some reason you cannot undertake work that has been given to you, you will notify Backstage Casting at least 24 hours before the work is due to commence.

Notwithstanding any of the above, you acknowledge and agree that the Service Terms will apply to anyone that you authorize, allow or otherwise permit to use your Account, user ID and/or password that you create, and, moreover, that you will be personally responsible and solely liable for the consequences, including the potential termination of your Account(s), that may result if any such person(s) violates any of the provisions of the Service Terms.

Liability

  This service is provided in good faith by Backstage Casting. No liability can be accepted for loss or expense as a result of using this Website. By using the Website you agree that in no circumstances shall we be liable for any indirect, incidental, special or consequential damages, including, but not limited to, loss of business or profits or any other financial loss, arising out of or in any way connected with the use of the Website, under any law or on any basis whatsoever whether contractual or otherwise. While we will endeavour to moderate the Website to remove all objectionable content, we will not be responsible for the quality, accuracy or fitness of the material and will not be responsible for any errors, viruses, incompatible software or interruption in service.

Indemnity

  You agree to release, indemnify and keep us indemnified  from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your use of our services.

Jurisdiction

  The terms and conditions shall be governed by and construed in accordance with the laws of The Republic of Ireland. Any disputes arising from matters relating to the Website shall be exclusively subject to the jurisdiction of the courts of The Republic of Ireland.

Copyright and Intellectual Property

  Copyright and other intellectual property in the content of this Website is the property of Backstage Casting and is protected under Irish law and under international conventions and similar laws abroad. You are not permitted to use or reproduce or allow anyone to use or reproduce the name and logo of  Backstage Casting  for any reason without our express written permission.
You will not copy, download, reproduce, republish, broadcast or transmit in any manner whatsoever, any material on the Website except as is strictly necessary for your own personal non-commercial and home use. You acknowledge that by posting materials on this Website you grant to us royalty free, perpetual and irrevocable worldwide license to use the materials both within the Website and in any other manner.

 
Press and Publicity

Any publicity resulting from a job must be discussed by the agency first. The artist is reminded that script and program confidentiality is vital and you must not disclose information about characters or programs or commercials without prior permission from Backstage Casting and producer and/or the advertising agency of the shoot.

Prohibition

You are responsible for ensuring that no material you post on backstagecasting.net, nor any activity or communication you make through the Website, will be capable of:

1.Infringing intellectual property, right to privacy, or any other rights of the individual or entity.
2. Breaching any applicable law.
3. Appearing to be offensive, threatening, false, obscene, pornographic, misleading or unreliable.

Responsibility for Minors

 This site is intended for persons aged 16 or over.

Price Changes

 We reserve the right to  introduce new  charges at any time. 

Breach of Contract

Without limiting any other rights and remedies available to backstagecasting.net, we may limit your activities on the web sites, remove your profile and files, issue a warning to you, suspend or terminate your membership, or refuse to provide our services to you if you breach these terms and conditions or where Backstage Casting.net considers it appropriate.

Cancellation of Membership

You may cancel your membership and request the removal of your information from the Website at any time. To request the removal of your information send an email to info@backstagecasting.net

Viruses

Although we take reasonable steps to prevent the introduction of viruses or other destructive materials to our Website we do not guarantee that the service or materials that may be available from our Website do not contain such destructive features. We shall not be liable for any damages or liability attributable to such features. If you use any materials available through this Website you do so entirely at your own risk.

Site Access

 Access to our site may be interrupted, restricted or delayed from time to time. We will not be liable for damages or costs in these circumstances.

If any of these terms, conditions or clauses is found to be invalid or otherwise unenforceable by a court, the remainder of these terms and conditions shall continue to have full force and effect.


General Provisions

  1. The delay or failure of Backstage Casting to exercise or enforce any right, power or remedy under the Service Terms shall not constitute a waiver of such right, power or remedy. No waiver of any provision of these Service Terms shall be effective unless in writing and signed by Backstage Casting. Any waiver by Backstage Casting of any provision of the Service Terms shall not be construed as a waiver of any other provision of the Service Terms, nor shall such waiver operate as or be construed as a waiver of such provision respecting any future or subsequent event or circumstance.
  2. The Service Terms constitute the entire agreement between you and Backstage Casting with respect to your access to and use of the Service, for all intents and purposes, and supersede all prior and contemporaneous understandings and agreements between you and Backstage Casting and any predecessor entity, including, but not limited to, any and all prior versions of the Service Terms.

Disclaimer of Warranties Relating to the Service

  1. The Service is provided on an "as is" and "as available" basis, without any warranties of any kind, including, without limitation, any implied warranties of merchantability, fitness for any particular purpose, title, or non-infringement. You acknowledge and agree that your use of the Service (or any part thereof) is entirely at your sole risk and expense.
  2. Backstage Casting does not guarantee or warrant that (i) the Service will be uninterrupted, timely provided, secure, or error-free; (ii) the results that may be obtained from any use of the Service will be accurate, complete or reliable; (iii) the Service will meet your expectations or specific requirements; (iv) the quality of any products, services, information, or other materials purchased or otherwise obtained by you through the Service will meet your expectations; or (v) any errors confirmed to exist in the Service will be corrected.
  3. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER BACKSTAGE CASTING NOR ANY OF ITS AFFILIATES, NOR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, LICENSORS, CUSTOMERS, AGENTS OR REPRESENTATIVES OF BACKSTAGE CASTING OR ANY OF ITS AFFILIATES, SHALL HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE AND/OR SOFTWARE), AND THE ENTIRE COST AND RISK OF YOUR USE OF THE SERVICE AND/OR INABILITY TO USE THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR REAL OR PERSONAL PROPERTY, INCLUDING, WITHOUT LIMITATION, YOUR COMPUTER HARDWARE AND/OR SOFTWARE) RESIDES SOLELY AND EXCLUSIVELY WITH YOU.

You expressly acknowledge and agree that neither Backstage Casting (or any of its affiliates) nor any of the officers, directors, employees, members, licensors, customers, agents or representatives of Backstage Casting (or any its affiliates) shall be liable for any direct, indirect, incidental, consequential, special, punitive or exemplary damages, including, but not limited to, damages for loss of sales, revenues, profits, use, data, goodwill, or any other tangible or intangible losses (even if Backstage Casting has been advised of the possibility of any such loss or damages), resulting from: (i) your use or any inability to use the Service; (ii) the cost of procurement of substitute goods and/or services resulting from any goods, data, information or services purchased or obtained, or messages received, or transactions entered into, by means of or otherwise in connection with the Service; (iii) any unauthorized access to or alteration of your user or Account data or related information, or any content or materials, postings, communications, transmissions, or any related data or information; (iv) any conduct, statements, representations, or content or materials of any third party contained within or otherwise displayed on or as part of the Service; (v) the suspension, cancellation or termination of your Account(s); or (vi) any other matter(s) relating to the Service or the Service Terms.

Online Conduct for Members

  1. Online conduct should be guided by common sense and respect for other users (whether or not registered with the Service) and for the employees and representatives of Backstage Casting, as well as respect for the laws, statutes and regulations which would apply to one's conduct in the real (i.e., offline) world. Inappropriate behavior or illegal activities identified on and/or in connection with the Service will not be tolerated. Please be advised that we will terminate the Account(s) of anyone who engages in inappropriate behavior or illegal activity on and/or in connection with the Service, and we shall be free to cooperate with law enforcement officials with respect to any illegal activities or actionable conduct.
  2. You acknowledge and agree that you will be personally responsible for your use of the Service and for all of your communications and activities on and/or in connection with the Service, including, without limitation, any and all content and materials (including, without limitation, any related data and information) that you or any third-party users using your Account(s) contribute to the Service (whether alone or in collaboration with others).
  3. You will violate the Service Terms if you or any Third-Party Users do any of the following:
    1. Copy, reproduce, duplicate, upload, post, host, display or perform (publicly or otherwise), market, advertise, promote, distribute, transmit, or otherwise disseminate any of the following types of Content Materials (including, without limitation, any related data or information):
    2. that are illegal or otherwise promote or encourage any illegal activity (including, without limitation, hacking, cracking, or the distribution of counterfeit software, or any products or services derived from any such activities; or
    3. that you do not own or have permission to freely distribute; or that violates any indecency laws.
    4. that violates any laws or regulations worldwide.
    5. Engage in any activity in connection with the Service that violates any laws or regulations worldwide, including without limitation laws as to indecency, child protection, extreme pornographic images, race hatred and terrorism.
    6. Copy, reproduce, duplicate, upload, post, host, cause to be displayed or performed (publicly or otherwise), distribute, transmit, or otherwise disseminate any unsolicited email, SMS's, or "spam" messages
    7. Copy, reproduce, duplicate, upload, post, host, cause to be displayed or performed (publicly or otherwise), distribute, transmit, or otherwise disseminate any worms, viruses, corrupted data, or any other such code of a destructive nature (aka, malware)
    8. Modify any part of the Service or any web site(s) related to the Service that the Technology Licensor has not expressly authorized you in writing to modify
    9. Hack into, adapt, or otherwise modify the Service (or any part thereof) and/or any other website so as to falsely imply that it is associated with the Service or the Technology Licensor (or any of its affiliates), or any products or services of Technology Licensor (or any of its affiliates)
    10. Hack into, decipher, adapt, modify or otherwise attempt to interfere with any transmissions to or from any of the servers that are used to operate the Service
    11. Copy, reproduce, duplicate, offer to sell, sell, resell or otherwise exploit any portion of the Service, or any access or use of the Service, without the prior written consent of  Backstage Casting, in the case of Proprietary Rights owned or controlled by it.
    12. Harass, threaten, intimidate, embarrass, disparage, or do anything else to any other user (whether or not registered with the Service) or guest of the Service that is offensive, unwarranted or unwanted (as determined by Backstage Casting, at its sole discretion)
    13. Exploit any vulnerability, "bug", or other programming error in the Service Software or the Service, or communicate the existence of any such matter, either directly or indirectly, to any other user (whether or not registered with the Service) or guest of the Service
    14. Claim or pretend to be an employee or representative of Backstage Casting, or take any action that would imply that you have any such relationship with any of the foregoing, or impersonate any other person, including, without limitation, any celebrity, professional athlete, or other individual of public renown
    15. Attempt to obtain any password or other Account information, or any other private information, regarding any other user (whether or not registered with the Service) or guest of the Service
    16. Post messages or other correspondence for any purpose other than personal communications, such as, for example, any advertising, marketing or promotional materials regarding illegal gambling activities, chain letters, pyramid schemes, or that otherwise attempt to implement any unauthorized or illegal commercial use of the Service
    17. Disrupt the flow of conversations in chat rooms with, for example, vulgar or abusive language, excessive "shouting" in ALL CAPS, "spamming", "flooding" (i.e., posting repetitive text) or inputting large images that result in any displayed audiovisual work and/or related data or information appearing to move by too fast to be read by other participants in a chat room
    18. Post or otherwise disseminate within the Service or through any web site(s) that are part of the Service or outside of the Service any real-world personal information regarding any other user (whether or not registered) or any guest of the Service
    19. Use any features or functionality that are part of the Service (e.g., complaint buttons or customer service request forms) to make any false report to any employees or representatives of  Backstage Casting.
    20. Intentionally do anything that interferes with the opportunity or ability of any other user (whether or not registered with the Service) or guest of the Service to enjoy the features and functionality of the Service in accordance with the Service Terms, and/or that materially increases the costs or expenses of implementing, operating, administering, supporting and/or maintaining the Service (or any part thereof)
     
  4. Backstage Casting expressly reserves the right (but without any obligation) to remove any content and/or materials and terminate any Account (as applicable) that contains any content, data and/or information that it determines, in its sole discretion, to be illegal, unlawful, harassing, threatening, intimidating, or an infringement of any third party's intellectual property rights or other proprietary rights, or a violation of any of the terms or conditions referenced in the Service Terms or any policies, rules, regulations or guidelines adopted by Backstage Casting, at its/their sole discretion.
  5. If Backstage Casting or their affiliates (as applicable) determine that the use of any third-party widgets or any other such content or materials that are made available on the Service interfere with the operation, performance and/or functionality of the Service, they will have the right to suspend the Service and/or your Account and/or to allow you the opportunity to correct and remedy the noted problem to their reasonable satisfaction.
  6. Harassment, intimidation or disparaging comments (whether verbally or in writing) or other abusive conduct or communications (including threats of abuse or retribution) directed at Backstage Casting, or any of the officers, directors, employees, members, licensors, customers, agents or representatives of the foregoing, will result in immediate Account termination without advance notice and without any obligation or liability to the owner of such Account(s) or any third party.
  7. Please be advised that if you violate the Service Terms, Backstage Casting may issue a warning to you regarding your violation, or, alternatively, at its sole discretion, may elect to suspend or terminate any and all Accounts that you have established. You acknowledge and agree that Backstage Casting is not required to provide you with any form of written or verbal notice before suspending or terminating your Account(s), although it may choose to do so, at its sole discretion.

Service and Pricing Changes

  1. Backstage Casting reserves the right at any time and from time to time to modify, change, suspend or discontinue, temporarily or permanently, the Service (or any part thereof) with or without prior notice to you or any third party.
  2. Any new modifications that alter, change, improve, enhance, augment, or otherwise modify the then-current Service, including, but not limited to, the release of new tools, utilities, resources, features or functionality, shall be subject to the Service Terms.
  3. Backstage Casting shall have no obligations or liability to you or to any third party for any modifications to the Service, or any pricing changes, or any suspension or cessation of the Service (or any part thereof) or your Account (or any aspect thereof), and/or any amendments or other modifications to any aspect of the Service Terms.
  4. You acknowledge and agree that the cancellation of your Account(s) hereunder is your sole right and exclusive remedy with respect to any dispute that you may have that relates in any manner to the Service, including, without limitation, any dispute arising from or in connection with (i) the Service Terms or any of Backstage Casting's policies, rules, regulations, or guidelines relating to the Service; (ii) your ability or inability to access and/or use the Service , and (iii) the content (including, without limitation, any related data and information) displayed or otherwise made available as part of or otherwise in connection with the Service.

Ownership of Service and User-Generated Content

For the avoidance of doubt, Backstage Casting claims no intellectual property rights with respect to any of the content that you elect to provide to the Service, including your profile and any materials you voluntarily elect to upload to the Service and/or to the web pages that you create that are associated with your registered Account(s). However, by choosing to make your web pages and related content available on the Service in a form that is intended to be shared publicly, you hereby grant to Backstage Casting  and their affiliates a non-exclusive license (with rights of sublicense) to reproduce, prepare derivative works, publicly display, publicly perform, and distribute any and all such web pages and content as part of the Service, and you agree to allow all registered users and other individuals who access and use the Service, to access, view, reproduce, publicly display, publicly perform, comment upon, review, share, and otherwise use and distribute your web pages and related content (or any portions of any of the foregoing) as part of or otherwise in connection with the Service. Similarly, where you choose an option in the Service that allows you to make your web pages and related content available on the Service to be shared in a non-public context as part of the Service, you hereby grant to Backstage Casting, a non-exclusive license (with rights of sublicense) to reproduce, prepare derivative works, display, perform, and distribute any and all such web pages and related content as part of the Service on the applicable non-public basis.

Backstage Casting expressly reserves the right, at all times and at its sole discretion, to quarantine, remove, delete and/or refuse to continue to allow to be displayed and distributed on or as part of the Service any web page(s), any content or materials and/or related data or information relating to your Account(s) that is made available via the Service to interested users (whether or not registered with the Service), such as, for example, and not as a limitation upon the generality of the foregoing, any content or materials that Backstage Casting believe may violate the rights of any third party or contravene any of the terms or conditions referenced in the Service Terms.

Thank you


 

 



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