Acceptance of Terms and Conditions

The following are the terms on which we offer you access to CastingKey and associated services. By using the CastingKey website you agree to be bound by these Terms of Use, whether or not you register as a member of CastingKey If you wish to become a Member and make use of the CastingKey service (the "Service"), please read these Terms of Use. If you object to anything in this Agreement or the CastingKey Privacy Policy, please do not use the Website or the Service.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of CastingKey. By using CastingKey, you agree to be bound by this Agreement, whether you are an Industry Professional or you are a "Member" (which means that you have registered with CastingKey). The term "User" refers to a Visitor or a Member. You are only authorized to use CastingKey (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the CastingKey website and discontinue use of CastingKey immediately. If you wish to become a Member or associated Industry Professional you must read this Agreement and indicate your acceptance during the registration process.

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 web site. You are responsible for ensuring you are familiar with the latest terms and conditions. Continuing to use the site represents your agreement to be bound by the terms and conditions as amended.

These terms and conditions (as amended from time to time) shall together with any other document specifically referred to herein form the entire agreement between us.

We recommend that you keep a copy of these terms and conditions for you own reference.

This Agreement includes CastingKey policy for acceptable use of our services and the content posted on or through CastingKey and your rights, obligations and restrictions regarding your use of CastingKey and the content posted on or through CastingKey. In order to participate in certain CastingKey services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from CastingKey or its partners. Unless otherwise provided by the additional terms and conditions applicable to CastingKey in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

CastingKey operates a website which provides a service to approved companies such as, but not limited to, film and television production companies and studios, advertising agencies, theatre companies, event management companies, casting directors, directors and producers and their assistants (hereby referred to collectively as “Industry Professionals”) to search and source talent, product and services for their production / event. These Industry Professionals can choose to use the CastingKey casting assistant or they can choose to search and contact talent, product and services directly using our internal mail system. They can also choose to advertise their project on the site for interested members to apply directly.

CastingKey is not responsible for the content of job briefs offered through CastingKey and makes no warranty as to the accuracy of casting briefs. Members should use their own judgement in agreeing to accept auditions or work bookings, or when applying through the site for work.

Please choose carefully the information you post on CastingKey and that you provide to other Users. Your profile may not include any form of Prohibited Content – see Section below on Prohibited Content. Despite this prohibition, information, materials, products or services provided by other CastingKey subscribers (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and CastingKey assumes no responsibility or liability for this material. If you become aware of misuse of the CastingKey by any person, please click on the "Contact Us” link at the bottom of the CastingKey Website pages.

CastingKey reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages, media, photos) by you, or to deny, restrict, suspend, or terminate your access to all or any part of CastingKey at any time, for any or no reason, with or without prior notice or explanation, and without liability. CastingKey expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of CastingKey if CastingKey or its Managers determine, at their sole discretion, that you have violated this Agreement or pose a threat to CastingKey and/or its Users.

Use of the CastingKey and registration to be a Member for CastingKey (“Membership”) is void where prohibited. By using the CastingKey service, you represent and warrant that

• (a) all registration information you submit is truthful and accurate;
• (b) you will maintain the accuracy of such information;
• (c) you are 16 years of age or older or your parent or guardian has authorized your membership; and
• (d) your use of CastingKey services does not violate any applicable law or regulation.

Content/Activity Prohibited

The following are examples of the kind of Content that is illegal or prohibited to post on CastingKey Services. CastingKey reserves the right to investigate and take appropriate legal action against anyone who, in CastingKey’s sole discretion, violates this provision, including without limitation, removing the offending Content from the CastingKey Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of CastingKey:

1. Contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
2. Exploits people in a sexual or violent manner;
3. Solicits personal information from anyone under 16;
4. Is offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
5. Harasses or advocates harassment of another person;
6. Publicly posts information that poses or creates a privacy or security risk to any person;
7. Constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
8. Constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. Promotes any criminal activity or enterprise or provides instructional information about illegal activities
10. Solicits passwords or personal identifying information for commercial or unlawful purposes from other members or users;
11. Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
12. Involves commercial activities and/or sales without prior written consent from CastingKey such as contests, sweepstakes, barter, advertising, or pyramid schemes;
13. Contains restricted or password only access pages or hidden pages or images;
14. Includes a photograph or video of another person without that person's consent;
15. Uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; or
16. Uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; or

The following are examples of the kind of activity that is illegal or prohibited on the CastingKey Website and through your use of the CastingKey Services. CastingKey reserves the right to investigate and take appropriate legal action against anyone who, in CastingKey’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

1. Criminal activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. Advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized use of the CastingKey Services. You may not transmit any chain letters or junk email to other Members. If you breach this Agreement and send unsolicited bulk email, or other unauthorized commercial communications of any kind through the CastingKey Services, you acknowledge that you will have caused substantial harm to CastingKey, but that the amount of such harm would be extremely difficult to ascertain. CastingKey will charge you $US60 per unsolicited or harmful email sent without the express permission of CastingKey administrators and which has caused harm or aggravation to CastingKey or it’s members and users.
3. Circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the CastingKey Services;
4. Activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
5. Any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages;
6. Interfering with, disrupting, or creating an undue burden on the CastingKey Services or the networks or services connected to the CastingKey Services;
7. Impersonating or attempting to impersonate another Member, person or entity;
8. Using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
9. Selling or otherwise transferring your profile;
10. Using any information obtained from the CastingKey Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
11. Displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the CastingKey Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose.
12. Using the CastingKey Services in a manner inconsistent with any and all applicable laws and regulations.

Responsibility for minors

Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 16 years of age and have not had your application approved by a parent or guardian, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18. Minors who access this site are required to be supervised by a parent or guardian.

Price Changes

We reserve the right to increase fees or introduce new prices or charges at any time.

Refunds

You have the right to cancel your membership with CastingKey and claim a refund within 7 days of your first subscription payment to CastingKey, provided you have not used any of the following features of the site: applied for any roles listed on our site, received or made any contact through the site, been submitted to a casting brief by CastingKey staff or an associated Industry Professional. A 25% administration fee is charged for processing each refund. To cancel your membership and request a refund, contact us.

Price Changes

We reserve the right to increase fees or introduce new prices or charges at any time.

Intellectual Property

Materials contained on this website are protected under copyright laws. You are not permitted to use or reproduce or allow anyone to use or reproduce the name and logo of CastingKey for any reason without our express written permission.

Viruses

Although we take all reasonable steps to prevent the introduction of viruses or other destructive materials to our website or on-line service, 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 solely 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.

Inaccurate Information

All information provided to us must be complete and accurate information. If your information changes you will be responsible for providing us with the updated information. We shall not be held liable for any loss, damage or consequences as a result of inaccurate or incomplete information we receive from you.

Password and Sign in Security

You are responsible for any use of our on-line service with your password and protecting your password from unauthorized use. You are also responsible for the security of any computer where you choose to remain signed in to CastingKey.

Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because CastingKey has no control over such sites and resources, you acknowledge and agree that CastingKey is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that CastingKey shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.

We will not sell or allow third parties to access your personal information without your consent, however you agree that CastingKey may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) where the law requires us to do so.

Proprietary Rights in Content

CastingKey does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "content") that you post on or through the CastingKey Services. After posting your content to the CastingKey Services, you continue to retain any such rights that you may have in your content, subject to the limited license herein. By displaying or publishing ("posting") any content on or through the CastingKey Services, you hereby grant to CastingKey a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such content solely on or through the CastingKey Services, including without limitation distributing part or all of the CastingKey Website in any media formats and through any media channels, except content marked “private” will not be distributed outside the CastingKey Website. This limited license does not grant CastingKey the right to sell or otherwise distribute your content outside of the CastingKey Services. After you remove your content from the CastingKey Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate.

The license you grant to CastingKey is non-exclusive (meaning you are free to license your content to anyone else in addition to CastingKey), fully-paid and royalty-free (meaning that CastingKey is not required to pay you for the use on the CastingKey Services of the content that you post), sub licensable (so that CastingKey is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the CastingKey Services), and worldwide (because the Internet and CastingKey Services are global in reach).

1. You represent and warrant that: (i) you own the Content posted by you on or through the CastingKey Services or otherwise have the right to grant the license, the posting of your content on or through the CastingKey Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the CastingKey Services.
2. The CastingKey Services contain content of CastingKey ("CastingKey Content"). CastingKey Content is protected by copyright, trademark, patent, trade secret and other laws, and CastingKey owns and retains all rights in the CastingKey Content and the CastingKey Services. CastingKey hereby grants you a limited, revocable, non sub licensable license to reproduce and display the CastingKey Content (excluding any software code) solely for your personal use in connection with viewing the CastingKey Website and using CastingKey Services.
3. The CastingKey Services contain Content of Users and other CastingKey licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the CastingKey Services.
4. CastingKey, from time to time, performs technical functions necessary to offer the CastingKey Services, including but not limited to reformatting content to allow its use throughout the CastingKey Services.

Liability

You agree that, to the maximum extent permitted by law, any and all liability and responsibility of CastingKey and its staff to you or any other person under or in connection with these terms and conditions, or in connection with the services, this web site, another member's acts or omissions, or your use of or inability to use, the services or this web site is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. CastingKey’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

Indemnity

You agree to release, indemnify and keep indemnified us 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.

Breach

Without limiting any other rights and remedies available to CastingKey we may limit your activities on the web site, remove your advertisements, 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 CastingKey considers it appropriate.

Privacy

CastingKey operates CastingKey.com. This Privacy Policy describes CastingKey’s use and sharing of personally identifiable information.

The CastingKey services are hosted in the United States.

The CastingKey Website is a general audience site and does not knowingly collect Personal Information from children under 16 years of age without parental consent.

From time to time CastingKey may modify this Privacy Policy to reflect industry initiatives or changes in the law, our Personal Information collection and use practices, the features of the CastingKey services, or technology, and such modifications shall be effective upon posting by CastingKey on the CastingKey Website. Your continued use of the CastingKey services after CastingKey posts a revised Privacy Policy signifies your acceptance of the revised Privacy Policy. It is therefore important that you review this Privacy Policy regularly to ensure you are updated as to any changes. If CastingKey materially changes its practices regarding collection or use of your Personal Information, your Personal Information will continue to be governed by the Policy under which it was collected unless you have been provided notice of, and have not objected to, the change.

You agree that CastingKey.com may use this personal information to assist us to provide the services to you, for internal research purposes, to verify your identity, for promoting and marketing other CastingKey products and services to you, and for any other use that you authorize.

We will not sell or allow third parties to access your personal information without your consent, however you agree that CastingKey.com may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) as required by law.

You can access and correct your personal information at any time.

You understand that when you apply for a role or breakdown, your contact details and any information entered into your personal profile will be sent to the Industry Professional. This includes any photos or media you have uploaded.

Your email address is used to identify your membership, and to sign in to the site. From time to time you may receive emails from us alerting you to new advertisements or services. You can easily unsubscribe from any of our emails.