Last updated November, 6, 2019
1. Your Acceptance
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
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
(c) You may request that Kassting delete your User Submissions and Digital Casting Profile from the Kassting Website by contacting Kassting via email at email@example.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
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.
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 respective past, present and future parents, subsidiaries (whether or not wholly-owned), affiliates, divisions, agents, representatives, employees, partners, licensees, successors and assigns, jointly and individually (COLLECTIVELY, "RELEASEES") 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 KASSTING 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 RELEASEES 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.
14. Arbitration Agreement
(a) Kassting and you agree that any and all disputes and claims that you and Kassting may have against the other 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 waive the right to sue in court. Each of you and Kassting also agrees to waive 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 Kassting must be sent by mail to Arbitration Notice of Dispute, 6380 Wilshire Blvd. #1015, Los Angeles, CA 90048. 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 Kassting 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 KASSTING 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.