When submitting an audition video, do not include any of the following:
1. Materials which include branded products such as clothing, toys, food with visible trademarks, brands or logos;
2. Materials with adult or offensive imagery/gestures/statements;
3. Materials which contain alcohol products;
4. Materials which reference phone numbers, addresses, or websites;
5. Materials which contain images of license plates;
6. Materials which contain derogatory characterizations of any ethnic, racial, sexual or religious groups;
We reserve the right not to accept and/or display any materials which do not conform to these guidelines or which do not adhere to the technical requirements specified on this website. We may modify or edit any materials, or request submitters to do so, in order for the materials to meet the accepted guidelines.
I agree and confirm that I am aged 18 years or older and that I am the parent/legal guardian of the auditioning child (the 'Child') appearing in the video (the 'Video').
I further agree and confirm that:
(i) Cast It Talent ('Cast It') may use the Video and personal information relating to me and to the Child for the purposes of casting the role.
(ii) the Video is original (i.e. does not contain content owned by someone else other than the script language provided by Cast It), and does not contain anything offensive or illegal.
(iii) I understand that I will not (and the Child will not) receive any compensation in connection with the Video.
(iv) I have the consent of the Child to submit the Video and his/her personal information.
(vi) the Video and personal information will be transferred to the USA, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world.
1. GENERAL; DESCRIPTION OF SERVICES.
a. Cast It Talent is a website and service that is owned and operated by
Cast It Systems, LLC, with principal offices located at
1223 Wilshire Blvd, G Santa Monica, CA 90403-5400
p: 310-684-3991; f: 310-438-5986;
b. Cast It Systems, LLC, is also the owner and operator of the website and services located at www.castit.biz (referred to herein as the "Cast It Website"), which is a private and secured online service used by entertainment professionals, such as casting directors, studio executives and producers for their respective casting needs. Since your information and any other content submitted by you through Cast It Talent may also be made available to and shared with the members of the Cast It Website, these terms and conditions shall also govern such uses that may occur in connection with the Cast It Website.
c. Cast It Talent is an online talent listing database and service that serves the actor and casting community by allowing its members to set up personal profiles that can be linked together through networks for the purpose of enabling members to interact with one another for possible casting and employment opportunities and to submit for such opportunities. Cast It Talent members may now or in the future view each others' profiles, communicate with other members on the Service, and share or submit, for example, photos, biographical information, videos, audition "reels", resume and promotional materials, for the purpose of facilitating interaction among members. The services provided or offered by the Service are available to you for the duration of the Membership Term.
e. Cast It Talent may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. Cast It Talent may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
2. MEMBERSHIP TERM
3. ACCESS TO SERVICE
b. In registering with Cast It Talent, you will be required to create an account by choosing a username and password. You shall not use another's account, username or password at any time without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Cast It Talent immediately of any breach of security or unauthorized use of your account.
c. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation purposes unless in accordance with the intended purpose of the Service.
4. FEES AND PAYMENTS
5. CONTENT OF SERVICE
a. The contents of the Service are provided AS IS and are intended for your personal, noncommercial use. All materials published on the Service (including, but not limited to text, software, photographs, images, illustrations, sounds, music, and videos, also known as the "Content") are protected by and subject to copyright, trademark, patent, trade secret and other laws and are owned or controlled by Cast It Talent or its partners, vendors, licensors agents and/or representatives (whether or not such persons are credited as the provider of the Content). Cast It Talent reserves all rights in and to the Content not expressly granted to you hereunder. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
b. The Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, broadcast, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section 4), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service in whole or in part.
c. Copying or storing of any Content for other than personal use is expressly prohibited without the prior written permission of Cast It Talent.
d. You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service ("Access Software"). You may not sublicense, assign or transfer any licenses granted by Cast It Talent, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software.
6. CONTENT SUBMITTED BY YOU
a. You are solely responsible for the content of any submission you make to the Service. Such content shall include, without limitation, audition "reels", biographical information, music, videos, sounds, messages, text, files, photos, profiles, likenesses, caricatures, or other media or materials submitted by you and other users ("User Content") for the purpose of hosting, sharing, displaying or publishing such User Content ("posting") via the Service. Without limiting the foregoing, for purposes of clarification, User Content shall include any and all content made available through the Service by its users, including, without limitation, actors, agents, managers, studio executives, casting directors and other entertainment professionals (union, non-union, independent or otherwise) and including users of Cast It Talent or users of Cast It which content is made available through Cast It Talent.
d. You may remove any User Content submitted or posted by you to your member profile at any time by: (1) mailing or sending by facsimile transmission a signed and dated copy of a written request with specific reference to the particular User Content you wish to be removed; (2) sending an email notification with such request; or (3) logging in to your online account with Cast It Talent and using the removal/edit prompts contained therein. Cast It Talent shall use its commercially reasonable efforts to remove User Content promptly following its receipt of your request of same, but no later than 10 days from it receipt thereof.
If requesting removal of User Content by mail:
Cast It Talent
1223 Wilshire Blvd, G Santa Monica
If requesting removal of User Content by fax:
If requesting removal of User Content by email:
Please note that you may not remove any User Content to which you have granted additional rights such as ownership or exclusive usage rights, pursuant to Additional Terms.
e. Your grant of rights in and to the User Content that you post via the Service shall in no way be construed as an obligation of Cast It Talent to display or otherwise use any item of User Content on the Service. Further, you acknowledge and agree that with respect to your submitting to Cast It Talent any item of User Content via the Service, Cast It Talent has no intent to compensate you in any way and that you have no expectation of any compensation.
f. Cast It Talent, its affiliates and related entities, do not accept unsolicited materials or ideas for use or publication in its publications, broadcast programming, or its digital and electronic media. As such, Cast It Talent, its affiliates and related entities shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted or submitted to the Service.
h. In particular, if you are a copyright owner or an agent thereof and believe that any item of User Content or other material on the Service infringes upon your copyrights, you may submit a notification to Cast It Talent of such claim, provided that you must submit your notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Copyright Agent for Cast It Talent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
i. The designated Copyright Agent for Cast It Talent to receive notifications of claimed infringement is: Milton E. Olin, Jr., Esq., Altschul & Olin, LLP, 16133 Ventura Blvd., Suite 1270, Encino, CA 91436, email: firstname.lastname@example.org. telephone: 818-990-1800, fax: 818-990-1429. For clarity, only DMCA notices should go to the Copyright Agent. Other feedback, comments, requests for technical support, and other communications should be directed to Customer Service. You acknowledge that if you fail to comply with all of the requirements of this Section 5(g), your DMCA notice may not be valid.
j. If you are the owner of any intellectual property other than copyrighted materials (such as, for example, a trademark), or an agent thereof, and believe that any item of User Content or other materials on the Service infringes upon your rights in such intellectually property, you must submit a notification to Cast It Talent in the same manner as provided above in respect of notice of copyright infringement, including providing the same information in writing to the designated Copyright Agent set forth above.
7. NO LIABILITY FOR USER CONTENT AND USER INTERACTION
a. You understand that when using the Service, you will have access to or otherwise be exposed to User Content from a variety of sources, and that Cast It Talent is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Cast It Talent with respect thereto, and agree to indemnify and hold Cast It Talent, its successors, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.
b. It is further acknowledged and understood that the Service may provide features and functionalities that facilitate interactions between users and between users and organizations and/or individuals independent from Cast It Talent and its users.
c. Your interactions with other parties found on or through the Service (i.e. organizations and/or individuals posting for auditions and other solicitations for services), including, without limitation, payment and delivery of goods or services, and any other terms, conditions, obligations, warranties or representations associated with such dealings, are solely between you and such other parties. In that connection, you should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any other user or third party organization and/or individual found on or through the Service.
d. You agree that Cast It Talent shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between users on the Service, or between users and any third party, you understand and agree that Cast It Talent is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release Cast It Talent, its officers, employees, agents and successors, affiliates, and/or licensors from all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service and agree to indemnify and hold Cast It Talent, its officers, employees, agents successors, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related thereto. If you are a California resident, you expressly waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
10. NO PROMISE OF SPECIFIC RESULT
You acknowledge that certain features of the Service may allow or facilitate interaction between and among its users, including between and among actors, agents, managers, studio executives, casting directors and other entertainment professionals. In that connection, Cast It Talent does not promise that you will obtain any specific result (for example, but not limited to, employment or representation) from your use the Service. As such, Cast It Talent specifically disclaims any liability for the actions of any of its users or the information contained on the Service, or for the consequences of any actions taken by you on the basis of the actions of any of its users or the information contained on the Service.
11. ADDITIONAL WARRANTY DISCLAIMER
You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, Cast It Talent, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service and your use thereof. Cast It Talent makes no warranties or representations about the accuracy or completeness of the content of the Service or the content of any sites linked to this Service and assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of the secure servers of Cast It Talent and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service. Cast It Talent does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or featured in any banner or other advertising, and Cast It Talent will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
12. LIMITATION OF LIABILITY
In no event shall Cast It Talent, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of the secure servers of Cast It Talent and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Service by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Cast It Talent shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. The Service is controlled and offered by Cast It Talent from its facilities in the United States of America. Cast It Talent makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
13. CALIFORNIA LABOR CODE BOND REQUIREMENT
Pursuant to California Labor Code �1703.3, Cast It Talent has filed with the Labor Commission of the State of California a bond in the amount of fifty thousand dollars ($50,000) executed by Aegis Security Insurance Company of Platte River Insurance Company Bond# PB11510701192.
If cancelling by mail:
Cast It Talent
1223 Wilshire Blvd, G Santa Monica
If cancelling by fax:
If cancelling by email:
(type "notice of cancellation" in subject line")