Terms of Use:

 

Description of Services, Digital Casting Profile and Acceptance of Terms of Use Including Arbitration of Disputes

Last updated August 24, 2017

Terms of Use

1.            Your Acceptance

By using and/or visiting this website (collectively, including all Content (as defined herein) made available by Kassting, Inc. ("Kassting") through the KASSTINGINC.COM domain name, the "Kassting Website", or "Website"), you signify your assent to both these terms and conditions (the "Terms of Use") and the terms and conditions of Kassting's privacy policy ("Privacy Policy"), which are published at 

http://kasstinginc.com/privacy.php

and which are incorporated herein by this reference.  If you do not agree to any of these terms, then please do not use or sign up to Kassting's Digital Casting Profile (as defined herein).

2.            Kassting Website

These Terms of Use apply to all users of the Kassting Website, including users who are also contributors of Personal Information (as defined herein) and other materials or services on the Website.  The Kassting Website may contain links to third party sites that are not owned or controlled by Kassting. Kassting has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party contents or websites. In addition, Kassting will not and cannot censor or edit the content of any third-party site. By using the Kassting Website, you expressly relieve Kassting from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Kassting Website and to read the terms and conditions and privacy policy of each other website that you visit.

3.          Digital Casting Profile

In order to access some features of the Website, you will need to create a digital casting profile ("Digital Casting Profile"). You will not be charged any fees for the creation of a Digital Casting Profile. You may never use another's account 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. You must notify Kassting immediately of any breach of security or unauthorized use of your account. Although Kassting will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Kassting or others due to such unauthorized use.

4.            Intellectual Property Rights

The content on the Kassting Website, except all User Submissions (as defined herein), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Kassting, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Kassting reserves all rights not expressly granted in and to the Kassting Website and the Content.

 

 

5.            User Submissions

(a)     The Kassting Website may now or in the future permit you and others to submit photos, videos, music or other audio visual material, personal and sensitive information (including, without limitation, personal and sensitive relationship related to personal history, lifestyle and background) (collectively, "Personal Information") and other communications submitted by you and other users ("User Submissions") and may host, share and/or publish such User Submissions on the Kassting Website.  You understand that whether or not such User Submissions are shared or published, Kassting does not guarantee any confidentiality with respect to any submissions.  Accordingly, please choose User Submissions carefully.  You understand that Kassting's use of User Submissions is governed by the Privacy Policy.

(b)     You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Kassting to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name, voice, likeness and personal information of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. For clarity, you retain all of your ownership rights in your User Submissions.  You also hereby grant Kassting a non-exclusive license to access your User Submissions through the password protected Kassting Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Kassting Website and under these Terms of Use.

 

(c)     You may request that Kassting delete your User Submissions and Digital Casting Profile from the Kassting Website by contacting Kassting via email at info@kasstinginc.com.  If you request such deletion, Kassting's license to such User Submissions will end after a reasonable period of time necessary for the deletion to take full effect.  However, the User Submissions may be retained in Kassting's back-up copies, which are not publicly available.  Furthermore, to the extent that Kassting made use of your User Submissions before you deleted it, Kassting will retain the right to make such pre-existing uses even after your User Submissions is deleted.  You acknowledge that (i) deletion of your User Submissions from the Kassting Website will not result in, and Kassting assumes no responsibility for, the deletion of such User Submissions by any third parties who were provided with or had access to such User Submissions prior to your deleting it from the Kassting Website and (ii) termination of your account or your use of the Kassting Website will not result in the immediate or automatic deletion of your User Submissions consistent with this Agreement.

 

6.            Prohibited User Submissions

In connection with User Submissions, you further agree that you will not: (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Kassting all of the license rights granted herein; (b) publish falsehoods or misrepresentations that could damage Kassting or any third party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (d) post advertisements or solicitations of business: (e) impersonate another person. Kassting does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Kassting expressly disclaims any and all liability in connection with User Submissions. Kassting does not permit copyright infringing activities and infringement of intellectual property rights on the Kassting Website, and Kassting will remove all User Submissions if properly notified that such User Submission infringes on another's intellectual property rights. Kassting reserves the right to remove User Submissions without prior notice.  Kassting will also terminate a User's access to the Kassting Website if such User is determined to be a repeat infringer.  A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Kassting also reserves the right and sole discretion to decide whether content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.  Kassting may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

 

7.            If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Kassting with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) 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;

(c) 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;

(d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(e) 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

(f) 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.

You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

8.            It is not a requirement that you have a Digital Casting Profile on Kassting to be considered for roles, and you may cancel it any time. Your Digital Casting Profile is free of charge. Your Digital Casting Profile will remain active for as long as you choose and the information shared or uploaded will remain subject to these Terms Of Use.  Any dispute may be addressed in writing to Kassting, 6380 Wilshire Blvd. Suite #1015, Los Angeles, CA 90048.

 

9.            Warranty Disclaimer

KASSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (B) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (C) 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 KASSTING WEBSITE. KASSTING DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH KASSTING'S WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND KASSTING 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.

10.        Limitation of Liability

IN NO EVENT SHALL KASSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (E) 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 KASSTING WEBSITE, 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 ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF KASSTING'S ACTS OR OMISSIONS OR YOUR USE OF THE KASSTING WEBSITE ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON'S ABILITY TO ACCESS ANY PORTION OF KASSTING OR THE KASSTING WEBSITE.

YOU SPECIFICALLY ACKNOWLEDGE THAT KASSTING SHALL NOT BE LIABLE FOR USER SUBMISSIONS 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 Website is controlled and offered by Kassting from its facilities in the United States of America. Kassting makes no representations that the Kassting Website is appropriate or available for use in other locations. Those who access or use the Kassting Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11.        Indemnity

You agree to defend, indemnify and hold harmless Kassting, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Kassting Website; (b) your violation of any term of these Terms of Use; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of Kassting's Website.

12.        Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

13.        Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kassting without restriction.

14.        Arbitration Agreement

 

(a)     Kassting, including Kassting affiliates, agents, employees, that arise out of or relate to the Kassting Website and your use of the Kassting Website, including the breach, termination, enforcement, interpretation or validity of this Agreement, including the agreement to arbitrate (the "Arbitration Agreement") and the scope or applicability of this Arbitration Agreement (collectively, "Disputes"), including but not limited to the arbitrability of any and all Disputes, and even if the events giving rise to Disputes occurred before this Arbitration Agreement became effective, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court.  Each of you and Kassting agrees to give up the right to sue in court.  Each of you and Kassting also agrees to give up the right to have claims heard by a jury and the ability to seek to represent, in a class action or otherwise, anyone but each of you and Kassting (see subparagraph 14(i) below).  The only exceptions to this Arbitration Agreement are that (i) each of you and Kassting retains the right to sue in small claims court and (ii) each of you and Kassting may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.  This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement.  This Arbitration Agreement shall survive termination of this Agreement.

 

(b)     Any arbitration between you and Kassting will be conducted by the American Arbitration Association (the "AAA") and will be governed by the AAA's Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement.  The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879.  The arbitration will be conducted by a single arbitrator.  If you and we cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator.  The arbitrator is bound by the terms of this Agreement.

(c)     If either you or Kassting wants to arbitrate a claim, you or Kassting must first send by mail to the other a written Notice of Dispute ("Notice") that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute and the relief requested.  Your Notice to the Kassting must be sent by mail to Arbitration Notice of Dispute, 2121 Avenue of the Stars, 7th Floor, Los Angeles, California, 90067.  The Kassting will send any Notice to you at the contact information we have for you or that you provide.  It is the sender's responsibility to ensure that the recipient receives the Notice.  During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute. 

(d)     If you and we do not resolve the Dispute within 45 days, either you or we may initiate arbitration in accordance with the rules and procedures provided for by the AAA.  A form for initiating formal arbitration may be found on the AAA's website at www.adr.org ("Arbitration Form").  In addition to filing this Arbitration Form with AAA in accordance with its rules and procedures, you must send a copy of this completed Arbitration Form to the Kassting at the address listed above to which you sent your Notice of Dispute.  

(e)     AAA charges fees to conduct arbitrations.  Ordinarily, the claimant has to pay that fee to start a case, but if you wish to commence an arbitration against Kassting, and you are seeking to recover less than $10,000 (inclusive of attorneys' fees), you will not have to pay this filing fee; Kassting will pay it on your behalf.  If you are seeking to recover $10,000 or more, you will have to pay the filing fee charged by AAA, but Kassting will reimburse that fee if you win the arbitration.

(f)      If you are seeking to recover $10,000 or less, AAA rules provide that the Dispute should be resolved without a hearing, by submission of documents only.  Either you or we may request a hearing, however, and be responsible for the fees associated with it.  If the arbitrator recommends a hearing even if neither you nor we request one, Kassting will pay the arbitrator's fees associated with the hearing.  If the claim is for more than $10,000, the manner and place of the hearing will be determined in accordance with the AAA Rules.

(g)     Regardless of how the arbitration proceeds, the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.

(h)     Each of you and Kassting may incur attorneys' fees during the arbitration.  In addition to whatever rights you may have to recover your attorneys' fees under applicable law, if you prevail in the arbitration, and if Kassting failed to make a settlement offer to you before the arbitration or the amount you win is at least 25% greater than Kassting's highest settlement offer, then Kassting will pay your reasonable attorneys' fees in addition to the amount the arbitrator awarded.  If Kassting wins the arbitration, you will be responsible for your own attorneys' fees.  In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides' arbitration fees and may order the losing party to pay the winning party's reasonable attorneys' fees, unless such an award of fees is prohibited by applicable law.

(i)      The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.  The arbitrator may not order Kassting to pay any monies to or take any actions with respect to persons other than you, unless Kassting explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order.  YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING.  Further, unless Kassting agrees, the arbitrator may not consolidate other persons' claims with yours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding.  If this specific provision is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void, but the rest of this Agreement, including the provisions governing where actions against Kassting must be pursued, will remain in effect.

(j)      You and Kassting agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation,  proceedings of the arbitration, the arbitrator's decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.

15.        Governing Law

The Agreement will be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions.  Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and Kassting agree to submit to the exclusive jurisdiction of the courts located in Los Angeles, California to resolve any Dispute arising out of your use of the Kassting Website.  YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.  YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE KASSTING WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES.  AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

16.        General

You agree that: (i) the Kassting Website shall be deemed solely based in California; and (ii) the Kassting Website shall be deemed a passive website that does not give rise to personal jurisdiction over Kassting, either specific or general, in jurisdictions other than California. These Terms of Use, together with the http://kasstinginc.com/privacy.php

and any other legal notices published by Kassting on the Website, shall constitute the entire agreement between you and Kassting concerning the Kassting Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Kassting's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Kassting reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Kassting Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.