CastingAbout Terms of Service
Last Revised August 28, 2013
In a nutshell, here’s the thing: you agree to utilize CastingAbout (our website, data and services) exclusively for your personal use, and we agree never to share or sell any of your personal information to any outside organizations, companies or individuals. Deal?
1. TERMS OF SERVICE
a. Acceptance of Terms
These Terms of Service govern your use of CastingAbout. Before accessing CastingAbout’s web site at http://www.CastingAbout.com (“CastingAbout.com”) please read all of the following Website Visitor’s Terms of Service Agreement (“CastingAbout.com TOS”), including the important warnings, restrictions and disclaimers. Whenever the term “access,” “accesses” or “accessing” appears in the CastingAbout.com TOS, it refers to and includes accessing, entering, using, viewing and/or visiting CastingAbout.com. By accessing CastingAbout.com, you (also referred to herein as the “user” or “users”) confirm that you have read and understood, and agree to be bound by, all of the following CastingAbout.com TOS, including the important warnings, restrictions and disclaimers set forth below.
Use of the CastingAbout website constitutes your agreement to be bound by these terms. If you do not agree to be bound by all of the following warnings, restrictions and disclaimers, please exit CastingAbout.com immediately. You may not use or access CastingAbout.com, or any of its services, content, resources or facilities, if you do not agree to be bound by the CastingAbout.com TOS.
CastingAbout.com is not intended for or directed to users under the age of 18. You may not use CastingAbout.com or any of its content, resources or facilities if you are not of legal age to form a binding contract with CastingAbout, or you are a person barred from receiving services or products under the laws of the United States or other applicable jurisdiction unless your parent or legal guardian registers and creates a User Account in his or her own name, consents to the minor’s use of CastingAbout under his or her User Account, and actively supervises such use. By accessing CastingAbout.com, you acknowledge and agree that you are representing to CastingAbout that you are over the age of 18 and you are of legal age to form a legally binding contract, and you are not a person barred from receiving or purchasing services or products under the laws of the United States or other applicable jurisdiction.
b. Modifications of Terms
CastingAbout reserves the right to revise and update the CastingAbout.com TOS at any time, and your continued access to or use of CastingAbout.com thereafter shall constitute acceptance of such revised and updated terms. You are obliged to monitor the CastingAbout.com TOS as posted on CastingAbout.com to determine the current terms and conditions of the CastingAbout.com TOS, as they may be changed from time to time. Any change or modification will be announced to all CastingAbout subscribers. Such announcement will mean you are legally notified of the changes, and continued use of the Site following an announcement constitutes acceptance of the modified terms. Changes to CastingAbout.com TOS will become effective immediately after such notification (unless a later date is specifically provided). By accessing CastingAbout.com after any such changes, you ratify, approve and agree to be bound by any such changes. If you do not agree to be bound by the current CastingAbout.com TOS, you must exit CastingAbout.com and cease all use of its content, resources and facilities. If there is a conflict between the old and the new CastingAbout.com TOS, the new CastingAbout.com TOS will govern.
c. Supplemental Terms
CastingAbout may supplement these Terms of Service with additional terms pertaining to specific content or events. Additional Terms shall be incorporated by reference into these Terms of Service.
CastingAbout reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate your subscription(s) and ability to access CastingAbout and/or any other service provided to you by CastingAbout upon any breach by you of the Terms of Service.
2. USE OF THE SITE
a.i. Each CastingAbout user is required to create a User Account by choosing a unique user name, and password, and supply us with true, accurate, current and complete information about yourself, as required on the registration page.
a.i.a. By setting up an Account with CastingAbout.com, you represent and warrant that: (1) all information you submit is true, accurate, current, and complete information about you; (2) you will maintain and promptly update such information with us; and (3) you are at least eighteen (18) years of age.
a.i.b. If you are the parent or legal guardian of a minor under the age of eighteen (18) years of age, and you elect to allow the minor to enter and use CastingAbout under your User Account, (1) you agree to provide proof of age and legal status for yourself, (2) you agree to actively supervise all use of CastingAbout by the minor, and (3) you consent to the use of your User Account by the minor under the terms and conditions set forth in the CastingAbout.com TOS.
a.i.c. CastingAbout.com may refuse to grant you a user name that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, impersonates someone else, is or may be protected by trademark or proprietary rights law, or is hatefully, racially, ethnically or otherwise objectionable, or inappropriate, as determined by us in our sole discretion.
a.i.d. We reserve the right to disallow, suspend or terminate use of your Account at any time for any or no reason. You are entirely responsible for maintaining the security and confidentiality of the information you hold for your Account, including but not limited to your password, and for any and all activity that occurs under your Account. You agree to notify CastingAbout.com immediately of any unauthorized use of your Account or password, or any other breach of security. You may be held liable for losses incurred by CastingAbout.com or any other user of the Service or visitor to our websites due to someone else using your Account or password.
a.ii. There is no cost to create or maintain a User Account.
a.iii. User Accounts do not expire, and remain in our user records regardless of use or subscription status unless we receive a written request to purge your personal information from our systems.
b.i. Access to CastingAbout’s services is gained by linking a User Account to a subscription.
b.ii. Access to the site is unlimited during the term of a subscription.
b.iii. Subscriptions can vary in both price and term length, and may or may not renew automatically. The details of each subscription are explained on the Site’s subscription purchase page(s).
b.iv. The price and term length of a subscription cannot, and will not, be altered during the course of the term.
b.v. Any impending changes to the price or term length of an automatically renewing subscription will be delivered to the user as a courtesy at least 30 days before the automatic renewal date. If no action is taken by a user to cancel before that renewal date (the conclusion of the current term), the subscription will automatically renew with the new rates and/or terms.
c. Cancellation of Subscriptions
c.i. Non-Renewing Subscriptions: Non-renewing subscriptions will automatically terminate at the end of the subscription term; access to CastingAbout will be suspended and you will not be charged again until you sign up for a new subscription.
c.ii. Automatically Renewing Subscriptions: For automatically renewing subscriptions, cancellation is your responsibility. Until you cancel your subscription, you will continue to be charged for a new term immediately following the completion of the current term.
c.iii. Subscriptions may be canceled immediately via the site’s user account information. For instructions, see the Help & Tips pages on the site.
c.iv. Following cancellation, you will still enjoy full access to site until the end of your current subscription term.
c.v. Refunds for the remaining portion of the subscription term will not be granted, subject to the “Refunds” policy below.
d.i. A full refund of subscription charges will be granted if requested within three business days of an initial subscription purchase.
d.ii. Subsequent charges from an automatically renewing subscription are not refundable.
d.iii. For annual subscriptions (a term of one year), following the three day full refund period, a prorated refund will be granted if requested before the 30th day of the subscription.
e. Site Access and Use
e.i. Upon acceptance of the CastingAbout.com TOS, and with a valid subscription, CastingAbout authorizes you to view the material on CastingAbout.com solely for your personal, noncommercial use. The Content is protected by copyright under both United States and foreign laws. Under no circumstances will your access to, or use of, CastingAbout.com result in you or any other user obtaining any right, title or interest in the Content, or any portion thereof. Unauthorized use of the Content may violate copyright, trademark, and other laws. Except as expressly provided otherwise, no portion of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, downloaded, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of CastingAbout.com.
e.ii. Printing or downloading pages, items or screens from CastingAbout.com is permitted for your personal, non-commercial use only. Downloading of files for printing of mailing labels by Authorized Users is permitted but only in compliance with the applicable terms and conditions set forth at CastingAbout.com. The Content may not be distributed in a generally accessible (public) web site without the prior written consent of castingabout, which may be withheld in castingabout’s sole and absolute discretion.
e.iii. For standard accounts, usage of CastingAbout is strictly limited to one user per paid subscription. For certain designated and approved “Industry Level” accounts, multiple users may be allowed to access the same account. In either case, CastingAbout monitors usage of the site and may take action if it becomes apparent that usage policies are being violated. This may include, but is not limited to, suspension of the account.
e.iv. You are responsible for all uses of your account and subscriptions, whether or not authorized by you. You agree to immediately notify CastingAbout of any unauthorized use of your subscription or password.
e.v. Except as permitted for certain designated and approved “Industry Level” accounts, you may not use anyone else’s Account or password at any time without the express permission and consent of the holder of that Account or password. CastingAbout is not liable for any loss or damage arising from your failure to comply with these obligations.
e.vi. If you violate any of the CastingAbout.com TOS, your permission to access or use CastingAbout.com may be terminated at the sole discretion of CastingAbout.
f. Site and Service Modifications
f.i. CastingAbout may modify the features of our website(s) or services at any time, with or without notice to you and without liability to you or any third party.
If CastingAbout.com is permanently discontinued for any reason, you may request a refund of a prorated amount of your current subscription cost.
3. INTELLECTUAL PROPERTY
a. Copyrights and Trademarks of Castingabout
CastingAbout reserves all rights under copyright, trademark, and other applicable law in the Content and in the trademarks and service marks of CastingAbout. Any other copyrighted or trademarked material that may appear at or through CastingAbout.com is used either by permission of the copyright and trademark owners or for purposes of reporting and commentary pursuant to the Fair Use Doctrine under U.S. copyright law. In any event, no endorsement or sponsorship by, or affiliation with, any third parties is expressed or implied.
b. Notice and Procedure for Making Claims of Copyright Infringement
CastingAbout will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following:
Name of Agent Designated to Receive Notification of Claimed Infringement on Behalf of CastingAbout: Jonathan Kirsch, Esq.
Full Address of Designated Agent to Which Notification to CastingAbout Should Be Sent: Law Offices of Jonathan Kirsch, 1880 Century Park East, Suite 515, Los Angeles, CA 90067
Telephone Number of Designated Agent: (310) 785-1200
Fax Number of Designated Agent: (310) 286-9573
Email Address of Designated Agent: firstname.lastname@example.org
To be effective, the Notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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;
3. Identification of the allegedly infringing material and information reasonably sufficient to permit the service provider to locate such allegedly infringing material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
5. A statement that the complaining party has 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
6. A statement under penalty of perjury that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner whose right is allegedly infringed.
c. Copyright Infringement
It is CastingAbout’s policy to terminate usage rights and accounts of users it determines to be repeat copyright infringers.
4. DISCLAIMER OF WARRANTIES
a. You expressly agree that use of CastingAbout is at your sole risk. CastingAbout is provided on an “as is” and “as available” basis WITHOUT WARRANTIES OF ANY KIND, either express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
b. You acknowledge that in accessing CastingAbout.com, information will be transmitted over local exchange, inter-exchange, and Internet backbone carrier lines and through routers, switches, and other devices owned, maintained, and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of CastingAbout and its suppliers. Accordingly, CastingAbout makes no warranty that the services will meet your requirements, or that CastingAbout will be uninterrupted, timely, secure, or error free; nor does CastingAbout make any warranty as to the results that may be obtained from the use of the tools on CastingAbout. In no event shall CastingAbout, its licensors, its suppliers, or any third party mentioned or appearing at CastingAbout.com be liable for any damages whatsoever (including, without limitation, actual, compensatory, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from use or inability to use CastingAbout.com or the Content. This disclaimer applies to any damages or liability based on warranty, contract, tort or any other legal theory, and whether or not CastingAbout is advised of the possibility of such damages or liability.
c. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of CastingAbout is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
d. You understand and agree that CastingAbout does not guarantee the accuracy, reliability, correctness, completeness, or timeliness of any information in or provided in connection with the site. CastingAbout is not responsible for any errors or omissions or for the results obtained from the use of such information. Likewise, CastingAbout.com does not make any warranty that the Content on CastingAbout.com satisfies any applicable laws or government regulations.
e. CastingAbout shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced in CastingAbout. Your participation is solely at your own risk. No advice or information, whether oral or written, obtained by you from CastingAbout, its employees, consultants and/or experts shall create any warranty not expressly made herein.
f. CastingAbout is not responsible for the content on the Internet or World Wide Web pages contained outside the CastingAbout site. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against CastingAbout with respect to such sites.
g. CastingAbout will not be liable for any direct, consequential or incidental damages or costs, whether foreseeable or not, which may result from the unavailability or malfunction of CastingAbout or unauthorized access to and use of your account.
a. You agree to defend, indemnify and hold each of CastingAbout, their officers, directors, employees, agents, shareholders, partners, affiliates and/or licensors, harmless from any claim, actions, demands liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of CastingAbout.com and/or its Content. CastingAbout shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of CastingAbout against any such claim, suit or proceeding.
6. APPLICABLE LAW
a. You expressly agree and consent to the exercise of personal jurisdiction in the state or federal courts located in Los Angeles County, California (USA) in connection with any dispute or claim relating to the CastingAbout.com TOS and/or CastingAbout.com involving you, CastingAbout or its affiliates, subsidiaries, employees, shareholders, contractors, officers, directors, telecommunication providers, and content providers. The CastingAbout.com TOS are governed by the laws of the State of California, without respect to its conflict of laws principles. If any provision of the CastingAbout.com TOS is found to be invalid by any court having competent jurisdiction, the remaining provisions of the CastingAbout.com TOS shall remain in full force and effect. No waiver of any of the CastingAbout.com TOS shall be effective unless it is in writing. You also acknowledge that any written waiver, unless expressly provided for otherwise, shall not be deemed a further or continuing waiver of such term or condition or any other term or condition.
7. REMEDIES FOR BREACH OF TERMS
a. In the event that CastingAbout determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of CastingAbout, CastingAbout reserves the right to (i) warn you via e-mail, phone or other means of direct communication that you have violated these Terms of Service; (ii) discontinue your subscriptions(s) with CastingAbout.com; (iii) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (iv) any other action which CastingAbout deems to be appropriate.
b. If your subscription(s) with or ability to access CastingAbout and/or any other service provided to you by CastingAbout is discontinued by CastingAbout due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of CastingAbout, then you agree that you shall not attempt to re-register with or access CastingAbout, and/or any other service provided by CastingAbout, through use of a different member name or otherwise. In the event of continuing violations, CastingAbout reserves the right, in its sole discretion, to immediately take any or all of the actions set forth above without any notice or warning to you.
a. In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
b. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
c. CastingAbout may assign its rights and obligations under these Terms of Service and upon such assignment CastingAbout may be relieved of any further obligation hereunder.
d. You represent to CastingAbout that you have the authority to register with or visit CastingAbout according to these Terms of Service. CastingAbout does not encourage, solicit, or permit visitors who are known to be under the age of 13 to subscribe to CastingAbout services without the approval of a parent or legal guardian.
e. These Terms of Service and any Additional Terms (as such terms shall be identified when posted on CastingAbout) constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of CastingAbout, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
Including Children’s Online Privacy Protection Policy and “Your Privacy Rights” for California Residents
Effective and last revised on August 28, 2013
CastingAbout complies with the provisions of FERPA (Family Educational Rights and Privacy Act), Children’s Online Privacy Protection Act, California’s “Shine the Light” law and all other applicable privacy laws.
Collection and Sharing of Your Information. Our primary goal in collecting personal information is to enable us to provide you, the user, with a customized experience within CastingAbout.com. When you become a registered user of CastingAbout.com we will ask you for certain personal information such as your name, address, e-mail address and/or credit card number in order to establish or manage your account, process your order, or send you e-mails.
If you have become a registered user of CastingAbout, provided us with your email address or communicated with us electronically, we may contact you from time to time via email with information about events, products or services we are introducing, or those of approved third parties we feel you may find useful.
CastingAbout.com does not sell or disclose personal information about you described above to any list broker, direct mail advertiser, or other people or nonaffiliated companies, except to provide you with products or services, when we have your permission, or under the following circumstances:
1. CastingAbout provides the information on a confidential basis to nonaffiliated companies we engage as contractors or agents to perform services for us, such as maintaining software. Information will be shared with such contractors only to the extent reasonably necessary for them to perform services on our behalf, and pursuant to confidentiality obligations;
2. CastingAbout employs third-party subscription management systems provided by Authorize.net and PayPal, Inc. A subscription to CastingAbout requires you to provide at least your name, e-mail address and credit card information to Authorize.net or PayPal. Authorize.net and PayPal maintain their own privacy policies which may differ from that of CastingAbout;
3. CastingAbout provides the information to our subsidiaries and affiliated companies for business development and customer support.
4. There may be occasions when we are required by law, legal process, litigation and/or requests from public or governmental authorities to provide access to our databases, or to disclose information about you. We may also disclose information about you if we determine that disclosure is reasonably necessary to protect our operations or users, or to enforce our terms and conditions. In those instances, the information is provided only for that purpose.
You agree that, in the event that CastingAbout is acquired by, merges with, or becomes aligned with another company or organization, such other company or organization shall be entitled to use your personal information under the CastingAbout.com TOS.
Use of Browser Cookies
1. Allow your computer to be recognized within a website so any page changes, item or data selection is remembered; and
2. Detect software on your device which enables content on our website.
These cookies are only stored for the duration of your visit to our website.
If you want to disable cookies in the Safari web browser, go to Preferences and then to the Privacy pane and choose to block cookies. On your iPad, iPhone, or iPod touch, go to Settings, then Safari, and then to the Cookies section. For other browsers, check with your provider to find out how to disable cookies.
Children’s Online Privacy Protection Policy
CastingAbout.com is not intended for or directed to users under the age of 18, and we do not knowingly or intentionally collect personally identifiable information from children under the age of 13 or other minors except with the express consent of the minor’s parent or legal guardian who may create his or her own User Account. Where appropriate, we take reasonable measures to determine that our users are adults of legal age and to inform minors not to submit such information to CastingAbout.com or in response to advertisements. If you are concerned that personal information regarding a child under the age of 13 or other minor may have been inadvertently provided to or collected by CastingAbout, please contact us immediately by calling 1-310-622-8346 or email email@example.com, so that we may take appropriate steps to remove such information from our database.
Your Privacy Rights (California Residents)
Online Privacy Protection Policy for California Residents (“Shine the Light” Law)
California’s “Shine the Light” law (Cal. Civ. Code Sections 1798.80, et seq.) provides California residents with the right to receive certain disclosures when personal information that has been collected online is shared with third parties for direct-marketing purposes.
If you are a California resident and you provided personal information to CastingAbout.com in the past, and/or if you do so in the future, you are entitled to submit a request in writing to CastingAbout for a description of the information we may have provided to third parties. To submit your written request, please send it to us at firstname.lastname@example.org and put the following words in the subject line of the email: “California Privacy Request.”
Within 30 days after receipt of your request, we will send you a list of the categories of personal information disclosed to third parties during the immediately preceding calendar year, along with the names and addresses of the third parties who actually received such information, if any.
We reserve our right not to respond to requests sent more than once in a calendar year.
Please note that the California “Shine the Light” law does not cover all categories of information that may be collected and disclosed or shared, and our policy relates only to information covered by the law.