The Ultimate Self-Tape Community – Terms of Service
The Ultimate Self-Tape Community was designed by Casting Workbook as a means to facilitate the connection between individuals seeking self-tape services and those offering said services.
By no means does Casting Workbook guarantee employment either for those seeking services or those providing them.
TERMS OF SERVICE
The Ultimate Self-Tape Community (hereafter referred to as “The Ultimate Self-Tape App“, “TheUltimateSelfTapeApp.com/community”, Casting Workbook, “we”, “us”, or “our”) provides an online platform that connects actors with individuals who are offering self-tape services in their home, business or a pre-determined location through the website TheUltimateSelfTapeApp.com/community (such online platform, together with any related software, applications or functionality, and such website, collectively, the “Site”). By using the Site you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Site. These Terms govern your access to and use of the Site and all Content (defined below) and constitute a binding legal agreement between you and Casting Workbook. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site and should not use the Site.
The Site is intended solely for persons who are 18 or older. Any access to or use of the Site by anyone under 18 is required to have parental consent. By accessing or using the Site you represent and warrant that you are 18 or older.
THE SITE INCLUDES AN ONLINE PLATFORM THROUGH WHICH SERVICE PROVIDERS (DEFINED BELOW) MAY CREATE LISTINGS FOR SELF-TAPE SERVICES (DEFINED BELOW) AND MEMBERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK SUCH SELF-TAPE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT CASTING WORKBOOK IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN SERVICE PROVIDERS AND MEMBERS – MEMBERS CONTRACT FOR SERVICES DIRECTLY WITH SERVICE PROVIDERS; NOR IS CASTING WORKBOOK A BROKER, AGENT (EXCEPT AS EXPRESSLY SET FORTH BELOW) OR INSURER. CASTING WORKBOOK HAS NO CONTROL OVER THE CONDUCT OF MEMBERS, SERVICE PROVIDERS, OR ANY OTHER USERS OF THE SITE, AND CASTING WORKBOOK DISCLAIMS ALL LIABILITY IN THIS REGARD. IN ADDITION, CASTING WORKBOOK BY NO MEANS GUARANTEES EMPLOYMENT/THE BOOKING OF JOBS THROUGH USE OF THE ULTIMATE SELF-TAPE COMMUNITY. DIFFERENT SECTIONS OF THE SITE AND TERMS AFFECT SERVICE PROVIDERS AND MEMBERS DIFFERENTLY, SO PLEASE BE SURE TO READ THESE TERMS CAREFULLY.
“CONTENT” means text, graphics, images, music, software, audio, video, information, documents, compilations, data or other materials.
“SERVICE PROVIDERS” means a person/representative of a studio business who completes The Ultimate Self-Tape Community’s account registration process and creates a Service Listing via the Site.
“LISTING” means a self-tape service that is listed by a Service Provider via the Site.
“MEMBER” means a person who completes The Ultimate Self-Tape Community’s account registration process and searches for and/or books Self-Tape Services via the Site.
“THIRD PARTY PROVIDERS” means Casting Workbook’s third party agents, contractors, insurers, distributors, merchants or sponsors.
Access and Compliance
By accessing the Site, you agree to be bound by the Terms, all applicable laws and regulations and that you warrant and represent that you are legally entitled to do so and are abiding by all applicable laws and regulations in the jurisdiction in which you reside. You agree that we may modify this agreement and such modifications shall be effective immediately upon posting. You agree to review these Terms each time you use the Site to be aware of modifications. Continued access or use of the Site shall be deemed conclusive evidence of your acceptance of the modified agreement.
How the Site Works
The Site can be used to facilitate the listing and booking of Self-Tape Provided Services. Such Self-Tape Provided Services are included in the Services listing on the Site by Service Providers. You may view Services as an unregistered visitor to the Site; however, if you wish to review or favourite any Service or create a Service listing, you must first register to create an account.
As stated above, Casting Workbook makes available a platform or marketplace with related technology for Members and Service Providers to meet online and arrange for the booking of Self-Tape related Services. Casting Workbook does not guarantee the booking of jobs. Casting Workbook’s Ultimate Self-Tape Community’s responsibilities are limited to: (i) facilitating the availability of the Site, (ii) serving as the limited agent of each Service Providers for the purpose of arrangement service and payments from Members on behalf of the Service Providers.
PLEASE NOTE THAT CASTING WORKBOOK HAS LIMITED CONTROL OVER THE CONTENT CONTAINED IN SERVICE LISTINGS OR THE PROVISION, QUALITY, CONDITION, LEGALITY OR SUITABILITY OF ANY SELF-TAPE SERVICES. CASTING WORKBOOK IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL SERVICE LISTINGS. ACCORDINGLY, ANY BOOKINGS OF SELF-TAPE SERVICES WILL BE MADE AT EACH MEMBER’S OWN RISK.
As a Service Provider, you may create Listings. To this end, you will be asked a variety of questions about the Self-Tape Services to be listed, including, but not limited to, your location, the type and availability of the Self-Tape Services to be provided, pricing and related rules. Listings will be made publicly available via the Site. Other Members will be able to enquire about your service via the Site based upon the information provided in your Listing. Casting Workbook reserves the right, at any time and without prior notice, to remove, edit or disable access to any Listing for any reason, including Listings that Casting Workbook, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site.
Certain Service Provider Obligations (Including to Comply with Applicable Laws and Obtain All Necessary Licenses and Permits)
You acknowledge and agree that, as a Service Provider, you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the provision of any Self-Tape Service in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws and (b) not conflict with the rights of third parties. In addition, you agree to comply with all applicable requirements of your insurance policies covering any of your property or operations.
EACH SERVICE PROVIDER IS SOLELY RESPONSIBLE FOR SETTING PRICE POINTS AND CASTING WORKBOOK ASSUMES NO RESPONSIBILITY FOR A SERVICE PROVIDER’S PRICE STRUCTURE, LICENSES OR PERMISSIONS OR OTHERWISE COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS.
You understand and agree that Casting Workbook is neither an insurer nor a contracting agent for you as a Service Provider. If a Member enquires about any of your Self-Tape Services, any agreement you enter into with such Member is between you and the Member and Casting Workbook is not a party thereto. You acknowledge and agree that, as a Service Provider, you are responsible for your own acts, obtaining of payment and omissions.
The Service Provider will assume full responsibility for each and every person that enters their residence or place of business, and understands that Casting Workbook will not offer any medical coverage to these visitors regardless of their affiliation to the Service Provider (visitor, partner, relative, friend, etc.), as they are not considered to be a “Third-Party” by our Terms of Service.
Property Damage by MEMBERS
As a Service Provider, you acknowledge and agree that Casting Workbook has any responsibility to reimburse or otherwise cover you for any property damage that may be caused by a Member, and you hereby agree not to seek any such reimbursement or other damages from Casting Workbook in the event of any such property damage.
You are responsible for determining the identity and suitability of others who you contact via the Site. Casting Workbook will not be responsible for any damage or harm resulting from your interactions with other Members.
By using the Site you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from, Casting Workbook with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site regarding any request for Self-Tape Services or Listings made by you.
Information on the Website
Although Casting Workbook attempts to maintain the integrity and accuracy of the information on the Site, we make no guarantees as to its correctness, completeness, or accuracy. The Site may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Site by third parties without our knowledge or consent. If you believe that information found on the Site is inaccurate or unauthorized, please inform us by contacting us via information provided at the “Contact Us” link.
Your Information and Photos
As part of the Site, Casting Workbook on behalf of The Ultimate Self-Tape Community will occasionally share photo updates of Members and Service Providers with Site users and the public. You agree that Casting Workbook may, at its sole discretion, publish these photos on the Site and across social media including Facebook, Twitter, Instagram, Pinterest, and similar sites.
You hereby represent and warrant to Casting Workbook’s Ultimate Self-Tape Community that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent; (c) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libellous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for Casting Workbook or cause Casting Workbook to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
Casting Workbook’s Ultimate Self-Tape Community, through its network of Service Providers, arranges for the provision of Self-Tape Services to Members, including, but not limited to temporary Self-Tape Studios, Spaces, Home Studios, Reader, and Self-Tape Coaches As a Service Provider, you may create Listings, and will be asked detailed information about your service. You must set the pricing and terms for your services within the parameters permitted by the Site.
Each Service Provider hereby agrees that Casting Workbook in no means, sets, handles or deal with any matter pertaining to pricing or payment of services.
The Site may include certain services that are available via a mobile device (collectively, the “Mobile Services”). To the extent you access the Site through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Certain information about your usage of the Mobile Services may be communicated to Casting Workbook.
Use of the Site
Collecting information about the Site or users of the Site without Casting Workbook’s written consent;
Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any Content of or information contained on the Site, without Casting Workbook’s written consent;
Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Site or any portion or Content thereof;
Accessing or using the site for competitive purposes;
Disguising the origin of information transmitted to, from, or through the Site;
Impersonating another person or entity;
Distributing viruses or other harmful computer code;
Allowing any other person or entity to impersonate you to access, use or register with the Site;
Using the Site for any purpose in violation of local, provincial/state, national, international laws, including but not limited to any unauthorized use of any Content or information contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes;
- Using the Site in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others;
- Receiving one or more negative reviews provided to The Ultimate Self-Tape Community by Members or non-Members;
- Updating a public profile with erroneous contact information or removing contact information;
- Failing to respond to messages/inquiries from other Ultimate Self-Tape Community Members or failing to respond to messages/inquiries from other Ultimate Self-Tape Community Members within a timely manner, to be determined at the sole discretion of Casting Workbook;
- Behaving or acting in any way that creates a negative experience or safety concern for an Ultimate Self-Tape Member, to be determined at the sole discretion of Casting Workbook;
- Behaving or acting in any way that demonstrates a lack of courtesy or professionalism with any Casting Workbook Staff Member that may cause any difficulty providing the best customer service possible for an Ultimate Self-Tape Member, to be determined at the sole discretion of Casting Workbook;
Circumventing any measures implemented by us aimed at preventing violations of the Terms;
Casting Workbook expressly reserves the right, in its sole discretion, to terminate a user’s access to any interactive services and/or to any or all other areas of the Site due to any act that would constitute a violation of the Terms.
Casting Workbook also expressly reserves the right, in its sole discretion, to terminate a user’s access to any interactive services and/or to any or all other areas of the Site due to one or more negative reviews provided to Casting Workbook by Members or non-Members. These reviews are typically but are not required to be, associated with a Self-Tape Service provided by a Service Provider through The Ultimate Self-Tape Community. You acknowledge that Casting Workbook does not pre-screen content uploaded by users (including reviews), but that Casting Workbook and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Site. Without limiting the foregoing, Company and its designees will have the right to remove any reviews or other content that violates these Terms or is deemed by Casting Workbook, in its sole discretion, to be otherwise objectionable, including any reviews that violate any of the following guidelines:
- Reviews unrelated to the Service itself (e.g., religious, political, or social commentary).
- Reviews that are not representative of the Member’s own personal experience.
- Reviews in which the content endorses or promotes illegal or harmful activity or violence.
- Reviews in which the content is profane, discriminatory, or vulgar.
- Reviews in which the content violates another person’s privacy, such as publishing a person’s full name, phone number, address, or other identifying information.
- Reviews in which the content refers to a Casting Workbook investigation.
- Reviews in which the content is proven to be used as extortion.
With respect to the reviews, content or other materials you upload through the Site or share with other users or recipients (collectively, ‘User Content’), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Casting Workbook and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Site or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
It is your obligation to comply with all applicable provincial/state, federal and international laws. It is also your obligation to comply with all applicable tax laws and regulations that apply to your activity on the Site. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
Links to Third Party Websites
The Site may contain links or have references to websites controlled by parties other than Casting Workbook. Casting Workbook is not responsible for and does not endorse or accept any responsibility for the contents or use of these third-party websites. Casting Workbook is providing these links to you only as a convenience, and the inclusion of any link does not imply or otherwise constitute endorsement by Casting Workbook of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by Casting Workbook. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
Limitation of Liability and Release
By agreeing to serve as a Service Provider and provide Self-Tape Services to a Member, you expressly assume the risk of any damages, including property damages or personal injury, which you or anyone else present in your business/residence may suffer. It is the sole responsibility of Service Provider to make decisions that are in the best interests of themselves and their clients. It is strongly recommended that all Service Providers schedule a “Meet-n-Greet” with all Members before providing Self-Tape Services to mitigate as many risks as possible.
Should you agree to serve as a Service Provider (including without limitation if you have any children under the age of 18 at your residence), you agree and acknowledge as follows:
You agree that you are and your children/child/ward are voluntarily agreeing to offer self-tape services at your residence or some other location. You understand that the risks that come with offering a service based at your residence has inherent risks; and
You agree on behalf of yourself and/or your children/child/ward and your/their personal representatives, successors, heirs, and assigns to hold Casting Workbook, its affiliates, officers, directors, agents, employees, and members (collectively, the “Releasees”) harmless from any and all claims or causes of action arising out of providing home-based services. You expressly release and discharge Releasees from any and all liability, claims, demands or causes of action whatsoever arising out of any damage, loss, personal injury or death to you and/or your children/child/ward. This release is valid and effective whether the damage, loss or death is a result of any act or omission on the part of any of Releasees or from any other cause.
WHETHER YOU ARE A MEMBER OR A SERVICE PROVIDER YOU AGREE NOT TO HOLD CASTING WORKBOOK OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THIRD PARTY PROVIDERS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH (A) ANY INSTRUCTION, ADVICE, ACT OR SERVICE PROVIDED BY CASTING WORKBOOK OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THIRD PARTY PROVIDERS, (B) ANY DESTRUCTION OF YOUR INFORMATION, (C) ANY DISPUTE WITH ANY OTHER USER OF THE SITE, (D) SERVICE PROVIDERS’ FAILURE TO PROVIDE SERVICES OR PROVISION OF INCOMPLETE OR POOR SERVICES, (E) ANY INJURIES OR HARM SUFFERED BY YOU OR ANY THIRD PARTY (INCLUDING WITHOUT LIMITATION YOUR FAMILY MEMBERS, FRIENDS OR OTHER UNRELATED PARTIES), (F) ANY DAMAGE OR HARM TO REAL OR PERSONAL PROPERTY, OR (G) ANY OTHER CONDUCT, ACT OR OMISSION OF ANY OTHER PARTY, INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, OR DESTRUCTION OF PROPERTY.
UNDER NO CIRCUMSTANCES SHALL CASTING WORKBOOK OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THIRD PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THIS SITE OR THE SELF-TAPE SERVICES, INCLUDING YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM THIS SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATING OR TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CASTING WORKBOOK HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. BY YOUR USE OF THIS SITE, YOU ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH THIS SITE, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IS PROHIBITED BY LAW. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT CASTING WORKBOOK OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THIRD PARTY PROVIDERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100.00), EXCLUDING ANY OBLIGATIONS TO PAY AMOUNTS TO SERVICE PROVIDERS OR REFUNDS TO MEMBERS PURSUANT TO THESE TERMS.
You agree that the limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. You also expressly acknowledge and agree that Casting Workbook has entered into these Terms in reliance upon the limitations of liability specified herein, which allocate the risk between you and Casting Workbook and form a basis of the bargain between the parties.
DISCLAIMER OF WARRANTIES
THE SITE AND CONTENT PROVIDED ON THE SITE ARE PROVIDED “AS IS,” AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, CASTING WORKBOOK AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AS WELL AS ITS THIRD PARTY PROVIDERS, HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SITE AND THE SERVICER PROVIDERS, THE CONTENT, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. CASTING WORKBOOK AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE OR CONTENT ASSOCIATED WITH THE SITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE SITE AND/OR THE CONTENT ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CASTING WORKBOOK AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY SELF-TAPE SERVICES, INFORMATION, OR OTHER MATERIAL YOU SECURE OR OTHERWISE OBTAIN THROUGH THE SITE WILL MEET YOUR REQUIREMENTS; OR (C) ANY SOFTWARE OFFERED VIA THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER CASTING WORKBOOK NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SITE AND/OR CONTENT ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. CASTING WORKBOOK IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY CASTING WORKBOOK. CASTING WORKBOOK EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF SELF-TAPE SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE SITE. YOU USE SELF-TAPE SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID SERVICE PROVIDER. LICENSING AND CERTIFICATION REQUIREMENTS (OR THE ABSENCE THEREOF) FOR SOME OR ALL OF THE SELF-TAPE SERVICES OFFERED BY SERVICE PROVIDERS WIDELY VARY BY PROVINCE/STATE, COUNTY, CITY, MUNICIPALITY OR TOWNSHIP. CASTING WORKBOOK MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY OF THE SERVICE PROVIDERS OFFERING SELF-TAPE SERVICES THROUGH THE SITE HAVE COMPLIED WITH ANY APPLICABLE PROVINCIAL/STATE, COUNTY OR MUNICIPAL LAW, STATUTE, ORDINANCE OR REGULATIONS. CASTING WORKBOOK EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY SERVICE PROVIDER, MEMBER OR OTHER THIRD PARTY.
You shall defend indemnify and hold harmless Casting Workbook and its affiliates, directors, officers, employees, agents, and Third Party Providers (collectively, the “Indemnified Parties”) against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by Indemnified Parties in connection with a claim by a third party related to you or your use of the Site or Self-Tape Services. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of the relevant Indemnified Parties. Casting Workbook and its affiliates, directors, officers, employees, agents, and Third Party Providers shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Site and/or the Content associated with the Site other than in accordance with these Terms; (b) the combination of the Site and/or Content associated with the Website with any other products, services, or materials; or (c) any third party products, services, or materials.
Termination and Account Cancellation
Casting Workbook may, in its sole discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, (b) deactivate or cancel your Ultimate Self-Tape Community Account or registration or similar uses of the Site. Casting Workbook’s proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination. Casting Workbook may provide notice of termination by regular mail or email. You may cancel your Ultimate Self-Tape Community Account at any time by sending an email to firstname.lastname@example.org. However, you are personally liable for any listings that you post. Please note that if your Ultimate Self-Tape Community Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site.
Intellectual Property Rights
All materials provided on the Site, including but not limited to Content, information, documents, products, logos, graphics, sounds, images, compilations, and other materials are protected by international copyright and trademark laws. The owner of the copyrights and trademarks, names, logos and service marks are Casting Workbook, its affiliates or respective third party authors, developers or vendors (“Third Party Providers”). Except as stated herein, none of the materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Casting Workbook and/or a Third Party Provider. Also, you may not “mirror” or “archive” any Content displayed on or otherwise accessible from the Site on any other server without the prior express written permission of Casting Workbook.
Copyright Complaints and Copyright Agent
Owners of copyrights or their agents that believe anything posted on this Site infringes upon said copyrights will submit a notice including the following information pursuant to the Digital Millennium Copyright Act (“DMCA”) to Casting Workbook immediately upon discovery:
A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Site where the material you claim is infringed is located. Include enough information to allow Casting Workbook to locate the material, and explain why you think an infringement has taken place;
A description of the location where the original or an authorized copy of the copyrighted work exists — for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Any notices given pursuant to the DMCA shall be given to the designated agent of the Site at email@example.com or via registered, Canadian mail sent return receipt to:
On The Marina
660C Leg In Boot Square
Vancouver, B.C. V5Z 4B3
Employment and Withholding
The Ultimate Self Tape Community is not an employment service and does not serve as an employer of any user. As such, Casting Workbook will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of the Site. You understand and agree that if Casting Workbook is found to be liable for any tax or withholding tax in connection with your use of the Site, then you will immediately reimburse and pay to Casting Workbook an equivalent amount, including any interest or penalties thereon.
No agency (except as expressly set forth herein), partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. Without limiting the foregoing, except as expressly set forth herein, TheUltimateSelfTapeApp.com/Community is not acting as an agent for any Service Provider, Member or any other user or visitor of the Site.
You may not assign these Terms without the prior written approval of Casting Workbook. Any purported assignment in violation of this section shall be void. Casting Workbook reserves the right to use Third Party Providers in the provision of the Site and/or the Content associated therewith. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court or arbitral forum costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by Casting Workbook.
Copyright © 2016 CASTING WORKBOOK, INC. All rights reserved.
Contacting Casting Workbook:
If you have any questions about these Terms or the Site, please contact Casting Workbook at firstname.lastname@example.org.