TERMS OF SERVICE
THE FOLLOWING TERMS AND CONDITIONS ARE ENTERED INTO BY 4 STAR CASTING INC., A CORPORATION ORGANIZED UNDER THE LAWS OF THE STATE OF ILLINOIS, USA ("WE OR US"), any individual ADULT ARTIST or CHILD ARTIST (“ARTIST” Or "YOU") THAT HAS registered and CREATED a USER account to utilize our casting Platform made available through WWW.4STARCASTING.COM (“WEBSITE”) aND THROUGH OUR CORRESPONDING online, self-service CASTING platfoRM portal POWERED BY WE GOT POP, INc. (“Portal”), as may exist from time to time. ACCESS AND USE OF OUR WEBSITE AND THE PORTAL ARE HEREINAFTER COLLECTIVELY REFERRED TO AS THE “SERVICES”.
BY REGISTERING as AN ARTIST TO USE OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, WHICH GOVERNS YOUR ACCESS AND USE OF THE SERVICES AT ALL TIMES. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, THAT YOU UNDERSTAND THIS AGREEMENT AND THAT YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH US. YOU AGREE THAT BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ALSO AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THE WEBSITE TERMS OF USE AND PRIVACY POLICY. IN THE EVENT OF ANY INCONSISTENCY BETWEEN THIS AGREEMENT AND THE WEBSITE TERMS OF USE OR PRIVACY POLICY, THE TERMS OF THIS AGREEMENT SHALL SUPERSEDE AND CONTROL. YOUR RIGHTS AND PRIVILEGES PURSUANT TO THIS AGREEMENT ARE BEING PROVIDED TO YOU SUBJECT TO YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS AND THE WEBSITE TERMS OF USE.
MODIFICATIONS
We reserve the right, at any time, to amend the provisions of this Agreement. If you do not accept any amendments, this Agreement will terminate. Please regularly check this Agreement as posted on this Website to view the then-current terms of this Agreement. Notwithstanding anything in this Agreement to the contrary, if we post amended terms to this Agreement on our Website, such terms will automatically become effective, shall be incorporated into this Agreement immediately upon being posted, and where inconsistent with any other terms and conditions of this Agreement, shall supersede any such conflicting terms or conditions. By accessing and using our Website and the Services after such revised terms are posted, You agree to be bound by any such revised terms. You agree to periodically visit our Website to examine the then-current terms and conditions of this Agreement. Your access and use of the Website and the Services will always be subject to the most current versions of these Terms of Service and our Privacy Policy, as well as the Website Terms of Use in effect at the time of such use. Please regularly review the Terms of Use on the home page of the Website to view the then-current Terms of Use, Terms of Service and Privacy Policy.
IMPORTANT NOTICE & CONSENT TO OUR INFORMATION COLLECTION FROM CHILDREN UNDER 13
THIS WEBSITE ATTRACTS CHILDREN UNDER THE AGE OF 13. THE OPERATORS OF THIS WEBSITE desire to collect certain personal information from children under the age of 13. parental consent is required before we may collect or use any information we collect from your child under 13. please see OUR separate CHILD PRIVACY Notice, which SETS FORTH THE personal INFORMATION WE COLLECT FROM CHILDREN UNDER 13, HOW WE USE SUCH INFORMATION AND CONTAINS OTHER IMPORTANT DISCLOSURES, INFORMATION AND NOTICES.
IN ADDITION, YOU AGREE TO DOWNLOAD AND READ OUR DIRECT NOTICE TO PARENTS, WHICH CONTAINS THE CHILD DATA COLLECTION PARENTAL VERIFICATION & CONSENT, AND YOU AGREE TO COMPLETE AND SUBMIT SUCH CONSENT ON OUR WEBSITE.
Non-Exclusive, Limited Access Rights
Subject to your continued compliance with the terms and conditions of this Agreement, You are hereby granted a non-exclusive, non-transferable and revocable license and right to access and use the Services and all features made available thereunder, from time to time, including the right to access and use the user profile dashboard located on the password-protected secure area of our Website and the POP Portal (collectively referred to as your “Profile”) in order to upload a user profile and user content, and also including the right to use and access all online content, video or audio files, graphics, images or any other materials or applications (including any mobile applications) made available to You (“Materials"), if any, for your personal use.
You are not authorized to: (i) resell or sublicense, outsource, time-share or rent the Services or Materials; (ii) distribute, transmit, or publish any portions of the Website to the public or download (other than page caching) or modify any portion of the Website in any form, format, or method; (iii) modify, create derivative works from or reverse engineer, reverse assemble, disassemble or decompile the Services or any Materials or otherwise attempt to discover any source code or use unauthorized versions of the Services or any Materials for purposes including (without limitation) building a product or service similar to or competitive with the Services or to gain unauthorized access to the Services; or (iv) otherwise use the Services or any Materials as part of a product or service for any commercial use or purpose whatsoever or in any way exploit any of the Services, in whole or in part, except as otherwise expressly permitted in this Agreement and any other agreement applicable to your use of the Services. The Services and all Materials are being licensed and not sold to You pursuant to the terms and conditions of this Agreement. Except as expressly stated herein, this grant of License does not convey any other rights in and to the Services or any Materials contained on restricted portions of this Website, express or implied, or ownership of any applicable Materials or any intellectual property rights. All rights not expressly granted herein are reserved by us. You may not use the Services or any Materials contained on this Website in any manner that infringes on the copyrights or proprietary interests of any third party or that is in violation of any law, as more fully stated in our Content Policy contained in these terms.
Registration & Casting Profile Accounts
We require that all Artists register and create an account in order to utilize the casting Services offered by us. Once you provide the requested information during the registration process, an account will be automatically created. You also warrant and represent to us that any information you provide during registration is accurate and current, and that You are authorized to provide such information. You will be required to maintain and update your registration information as required to keep your information complete and accurate at all times. We may, in our discretion, terminate, suspend, or modify your registration with, or access to, all or part of the Website and/or the Services, without notice, at any time if you have provided untrue, inaccurate or incomplete registration information. You will be issued or required to create a user ID and password to log-in to the restricted areas of our Website in order to use the Services. You can use this log-in information to access the Services at any time and You may create a unique user ID and password after you have logged-in for the first time. It is your responsibility at all times to maintain the security and confidentiality of your account information, including your user ID and password information. We are not responsible and shall have no liability to You for any misuse or unauthorized access or use of your account. You agree that You shall be the only user of your account and will not allow others to use your account information to log-in and access this Website other than has may be expressly allowed under your license rights stated in this Agreement. You assume liability for and are solely responsible at all times for all use and all actions made under or through your account including, but not limited to, unauthorized use by any third parties or any employees. You agree that we may act in reliance, without investigation, upon any of your log-In information. We will not be required to inquire into the truth or evaluate the merits of any of your log-In information.
Your ability to access and use the Services may require the payment of third party fees and charges (including but not limited to fees and charges such as telephone toll charges, airtime charges or Internet service provider fees, or fees or taxes imposed on Internet services, including any sales or use taxes, by governmental agencies). You are responsible for paying all such fees, charges and taxes. We are not responsible for any equipment you may need to be able to access or use the Site or the Services.
Please note that registering with us does not guarantee employment.
Artist Services Obligations & Restrictions
If You are booked by any of our clients and You have misrepresented your age, You will be sent home from the set without compensation. Artists who are 18 years of age and younger MUST list their actual age. You agree that your use of the Portal will be subject at all times to the separate Portal Terms of Use, available at www.wegotpop.com/pages/terms-of-service. These terms are in addition to your obligations under this Agreement and do not replace or supersede any terms and conditions contained herein.
We, or our clients or hirers, directly communicate all offers of work, including details of terms including applicable rates of pay or union agreement, through the Portal. You must use the Portal to reply to all such messages in order to be considered for any casting jobs. Neither 4 Star Casting Inc. or We Got POP, Inc. shall be held liable for the non-receipt or delayed receipt of any message sent to you via the Portal.
Prior to commencing performance on any casting job You elect to accept through your use of the Services, You agree to supply us and/or the hiring production company with all requested personal information legally required to be obtained by any hiring entity. This may include, but is not limited to, evidence of your right to work, your full legal name, date of birth, social security number and your current address (“Compliance Information”). You agree to provide this information in person on your first day of work, or via the Portal.
You are expected to behave in a professional manner at all times, both in your dealings with 4 Star Casting, with our client hiring entities and on set. This includes responding promptly to availability inquiries and check-in requests sent by us, being reliable, polite and helpful on set including following directions in a timely manner and bringing the appropriate dress as directed. Where a union agreement applies to any casting job You accept, You will be bound by all rules and regulations in such an agreement including any relevant code of conduct. Please note that union agreements often include provisions for the production company to withhold payment if You breach the agreement. Failure to act in a professional manner as required by any of our clients including tardiness or being absent may result in termination of your registration and access/use of the Services at our sole discretion.
You agree to contact the casting personnel who booked You if you are offered other casting work You wish to pursue on the same day in conflict so that they can either confirm your necessity for the casting job, or release you from the job. Notwithstanding this obligation is only required once You have responded to an availability check from us to inform us that You are available for a casting job, or in the event You have applied for a casting job that we have listed on any of our social media sites via the Portal and You have been subsequently contacted by the hiring party. When You are booked for a single day of work, you may not get the performance start time until the day before, and You may not know the ending time until that day of work. Please be aware that television and video camera shoots may start early and finish late and You agree to be bound by whatever schedule and required time-frame during any given work day in connection with any casting job You elect to accept in connection with our Services.
No Employment Relationship
When You are booked to perform on any casting job, You will be employed directly by the hiring entity, usually a production company, and not by us. You acknowledge that You have no such expectation of employment by any of our clients or by any other third-parties. The hiring entity that is your employer of record will be provided on your voucher. The information provided to you in advance of every casting job via the Portal, including rates of pay, applicable union agreements, dates, location and any other terms shall constitute your contract with the relevant production company or other hiring entity. Every effort will be made to ensure that you are given correct information at every stage of a booking. On some jobs you will also be required to sign a salary voucher or release form, in which case those will also form part of your agreement with any hiring party. Rates of pay and relevant union agreements for any job will be stated on the availability check sent to you / and or listed on our social media pages. This is your opportunity to decline any casting job offer if You do not accept the proposed terms. We shall have no liability to You whatsoever for any type of damages You may incur for any cancellation of any existing casting booking by any of our third-party clients in connection with your use of the Services.
Intellectual Property Notice
All logos or any other trademarks, trade names or service marks, whether marked or unmarked, and/or any software, photographs, illustrations, audio files, video files, animations, flash files, data files, code snippets, tags and metatags and other material which is protected by copyright, trademark or other proprietary rights by us or affiliates or other third parties. No such content may be used without our prior written consent. We retain all right, ownership, title and interest in all content, whether or not we have registered for or has been granted any such protections under any state and/or Federal law.
Termination of Services
We can terminate your use and access of the Services by sending you a notice of termination to the e-mail address included in your log-in information (which notice shall be effective upon being sent by us) if: i) You violate or breach one or more provisions of this Agreement including, but not limited to, failure by You to attend any scheduled booking with any of production company clients; or ii) we determine in our sole and exclusive judgment that terminating your access to our Website, Services or your Profile is advisable for security reasons, to protect us from liability, or to maintain the continued normal uninterrupted operation of our Website and/or the Services; or iii) if we determine in our sole judgment that continuing the operation of the Services and/or Website is no longer desirable or in the best interests of the operators of the Website, provided we provide advanced notice to You not sooner than fifteen (15) calendar days before the date we terminate your access rights. Once this Agreement is terminated for any reason, your license to use the Services shall terminate and shall otherwise be revoked by us. Artist Photos that you have uploaded to the Website will be deleted or retired as a result of your termination. We will retain any of your Identity Information only for so long as is reasonably required to fulfill the purposes for which it was collected, but data retained in backups will be removed only as the backups are purged in the normal course of our backup procedures.
Children Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the website http://www.kids.getnetwise.org/tools. For more information regarding policies and practices about how we may collect and disclose information from our Website users, please read both our Privacy Policy and our Child Privacy Notice.
User Content Policy
The following Policy contains important restrictions, notices and disclaimers that govern use of any and all images and/or videos You upload to your Profile using the Website and/or Portal (“Artist Photos"). In consideration for your access and use of the Services, You agree to comply with the following terms and conditions at all times during your use of this Website and the Portal. You are permitted to use any images created by us that we may elect (in our sole discretion) to make available to users of our Services from time to time and provided through your online Profile. You are also permitted to upload your own images to our image bin and use such images on your Profile. We may also commission our own photographs of You (“Casting Photos”). All images uploaded by You will be reviewed by our staff to ensure that the images fall within our guidelines set forth below.
A. Representations And Warranties: You represent that You are the owner, authorized licensee or authorized user of any Artist Photos that are uploaded and used directly by You.
B. User Indemnification: You agree that You shall indemnify, defend, hold harmless and pay any judgment or settlement of, any and all claims or actions of whatever kind or nature asserted by any third party against us, including any of our officers, employees, agents or representatives, as may be applicable, arising from or in connection with: i) any Artist Photos You upload in connection with your use of the Services or in any other way related to this Agreement, regardless of the nature or type of any such claim. You agree to pay all expenses, court costs and attorneys' fees incurred by us in connection with any of the foregoing claims or actions.
C. Artist Photos Storage: You are solely responsible for all Artist Photos including, if desired by you, the making and keeping of back-up copies of any or all Artist Photos. We shall not have any responsibility or liability for the deletion or accuracy of any Artist Photos, the failure to store, transmit or receive transmission of any Artist Photos or the security, privacy, storage or transmission of other communications involving your use of our Website. We will not access, view or listen to any Artist Photos, except as follows: (1) as permitted under this Agreement, including our Privacy Policy; or (2) as necessary to maintain or provide the Website or the Services, including without limitation: (A) to respond to support tickets; (B) to restore the applicable Artist Photos at your request in the event of a service interruption; (C) to conform to legal requirements or comply with legal process as deemed necessary or advisable by us in good faith; (D) to detect, prevent or otherwise address fraud, security or technical issues; or (E) to enforce this Agreement, including investigation of potential violations hereof as further described in this Policy (Investigations).
D. Irrevocable License to Use Artist Photos: Any Artist Photos You upload to your Profile by any means will be treated as non-confidential and may be restricted from being displayed on this Website under the terms of this Policy, at our sole discretion. When You post Artist Photos on this Website, you keep all rights and title to the Artist Photos including any copyrights, but You grant us with an irrevocable, nonexclusive, royalty-free and perpetual right to share some of your Artist Photos You upload with third-party clients solely in connection with the operation of this Website and/or the Services and to sell or otherwise transfer that Artist Photos in connection with transfer of operation and/or ownership of this Website or other location to which the Artist Photos was/were posted.
You shall have no interest in or any rights whatsoever in connection with any Casting Photos and You acknowledge that we are the creator of all Casting Photos holding all copyrights thereto. 4 Star Casting Inc. or We Got Pop, Inc., or our respective shareholders, directors, officers and agents, shall have no liability to You whatsoever for our use of the Casting Photos for any reason including for any commercial purpose.
E. Artist Photos Disclaimers & Investigations: We shall not be responsible for any Artist Photos uploaded onto our Website and we do not warrant the accuracy of any such Artist Photos. We assume no responsibility to investigate or verify the accuracy of any Artist Photos or that any Artist Photos do not violate any law or the rights of some third party or is otherwise injurious or causes some third party to suffer any damages. Under no circumstances shall we be liable for any damages occurring or arising from any Artist Photos posted or transmitted on this Website or on the Portal by You that violates any law or right of some third party. We do not generally monitor user activity occurring in connection with your Profile. However, if we become aware of any actual or possible violations by You of any provision of this Agreement, including without limitation this Content Policy, we reserve the right to investigate such actual or possible violations and we may, at our sole discretion, immediately terminate this Agreement and your access rights to the Services and your Profile, or may change, alter or remove any Artist Photos, in whole or in part, without prior notice to You. If, as a result of any such investigation, we believe that criminal activity has occurred or is occurring, we reserve the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. In connection with any such investigation, we are entitled, except to the extent prohibited by applicable law, to disclose to law enforcement or other government officials, as we in our sole discretion believes to be necessary or appropriate, any information (including without limitation personally identifiable information), about you that is in our possession in connection with your use of the Profile and the Services in general.
F. DMCA and Trademark/Service Mark Policy: We will, in appropriate circumstances as determined in our sole discretion, terminate your rights to submit, upload or post any Artist Photos if you infringe the intellectual property rights of others. We will investigate notices of copyright infringement and take appropriate actions pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). We also have procedures in place for You to protest any notices of alleged infringement of any Artist Photos You have submitted, uploaded or posted to this Website. Please see our DMCA Policy on this Website for more details.
Indemnification by You
You hereby agree to defend, indemnify and hold us, our officers, directors, employees, consultants, agents, representatives, joint venture or joint venture partners, attorneys or any parent, subsidiary or other entity controlled or owned by us, harmless from and against any and all claims, liabilities, damages or costs (including without limitation fees, costs and other expenses of attorneys and expert witnesses) arising out of or in any way related to: (i) any breach of this Agreement by You; (ii) your use of and access of our Website and use of the Services; (iii) any actual or alleged violation by You or by any person using your user account information (whether or not such use is authorized by You) of this Agreement or any applicable law, or any intellectual property, proprietary, privacy or other right of any third party; or (iv) your negligence or willful misconduct.
Website & Portal Down Time Disclaimer
While we strive to keep downtime to a minimum, from time to time the Website and the Portal may be unavailable, whether due to periodic maintenance or otherwise. We shall not be liable to you for any downtime caused by any of the following: (i) periodic maintenance (notice of which will be posted in advance on the Website at the point of user log-in and/or e-mailed to the e-mail address contained in your primary Log-In Information), (ii) any reason described in our section regarding Force Majeure, or (iii) your inability to connect to or to access the Website or the Portal due to problems related to your PC hardware, software, network, network setup or security, or your Internet service provider or any other similar problem.
WARRANTY DISCLAIMER
THE SERVICES ARE BEING MADE AVAILABLE ON A "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS" AND ARE BEING PROVIDED WITHOUT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY REGARDING THE QUALITY, USEFULNESS, RELIABILITY OF OR PERFORMANCE OF THE SERVICES OR THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OF USE. YOU AGREE TO ASSUME THE SOLE RISK ASSOCIATED WITH YOUR USE OF THE SERVICES.
WE DO NOT WARRANT THAT THE SERVICES ARE APPROPRIATE OR LEGAL IN YOUR JURISDICTION. WE ARE NOT RESPONSIBLE FOR ANY UNAVAILABILITY, INTERRUPTION OR DELAY OF ANY SERVERS OR WITH TELECOMMUNICATIONS OR THIRD PARTY SERVICES (INCLUDING DNS PROPAGATION) NECESSARY TO HOST OUR WEBSITE AND/OR TO PROVIDE ACCESS TO ANY SERVICES OR MATERIALS MADE AVAILABLE THROUGH OUR WEBSITE, UNDER ANY CIRCUMSTANCES. THE USE OF THE SERVICES AND THE MATERIALS THEREFROM SHALL BE DONE SOLELY AT YOUR OWN DISCRETION AND RISK AND WITH YOUR UNDERSTANDING THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA OR ANY OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. WE SHALL HAVE NO RESPONSIBILITY FOR ANY FAILURE THAT ARISES OUT OF YOUR USE OF THE WEBSITE AND THE SERVICES WITH ANY HARDWARE CONFIGURATION, PLATFORM OR OPERATING SYSTEM, INCLUDING WITHOUT LIMITATION ANY FAILURE RELATED TO OR ARISING FROM YOUR INABILITY TO CONNECT TO OR TO ACCESS THE WEBSITE OR SERVICES DUE TO PROBLEMS RELATED TO YOUR P.C. HARDWARE, SOFTWARE, NETWORK, NETWORK SETUP OR SECURITY, OR YOUR INTERNET SERVICE PROVIDER OR ANY OTHER SIMILAR PROBLEM.
LIMITATION OF LIABILITY
YOU AGREE THAT 4 STAR CASTING INC., OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS, SUCCESSORS AND/OR ASSIGNS (AS APPLICABLE), SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER DAMAGES OF ANY KIND OTHER THAN ACTUAL, DIRECT DAMAGES INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS OR REVENUES, LOST DATA OR LOST GOODWILL ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR ACCESS AND USE OF THE WEBSITE OR THE SERVICES.
IN ADDITION, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SHALL HAVE NO liabILITY TO YOU for any kind of damages of whatever kind or nature for: (A) ANY INTERRUPTION OR TERMINATION OF YOUR USE OF THE SERVICES FOR ANY REASON WHATSOEVER; OR (B) any Artist Photos CONTAINED ON THIS WEBSITE or the access, recording, storage or other use THEREOF by US as set forth in this agreement or as may be stated on our website, BY OUR CLIENTS OR BY ANY OTHER THIRD-PARTY thereof including without limitation: (1) any Artist Photos that ARE sent, received, held, released or otherwise connected in any respect to the WEBSITE or the Services; (2) any Artist Photos that ARE UPLOADED but not received; (3) any access to or alteration of Artist Photos by you or any other PersonS; (C) YOUR INABILITY TO obtain CASTING JOBS/PROJECTS, whether as an employee or independent contractor, WITH ANY OF OUR CLIENTS; (D) the negligent or willful conduct BY You or BY ANY THIRD-PaRTY INCLUDING OUR THIRD-PARTY CLIENTS OR THEIR AGENTS in CONNECTION WITH YOUR PERFORMANCE (OR ATTEMPTED PERFORMANCE) OF ANY CASTING JOB/PROJECT YOU ELECT TO ACCEPT THROUGH YOUR USE OF THE SERVICES; or (E) use by any third parties of any data you provide or that is automatically collected by such third party through your use of the services. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU AS STATED HEREIN REGARDLESS OF THE CAUSE OF ANY SUCH DAMAGE OR THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTIOUS CONDUCT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR BY ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE SAME.
WAIVER OF UNKNOWN CLAIMS
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME KNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER. ACCORDINGLY, YOU AGREE TO WAIVE YOUR RIGHTS UNDER ANY LAWS THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS, INCLUDING CALIFORNIA CIVIL CODE SECTION 1542 IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, OR ANY OTHER APPLICABLE STATE LAWS, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Exceptions to Disclaimers & Limitations
Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to you. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as allowed under any applicable laws.
Compliance with Laws
You are solely responsible for compliance with any laws applicable to your use of the Services. You agree to comply with all applicable laws and regulations of the United States and the various states. Access and use of this Website from any jurisdictions where the services being provided are illegal is strictly prohibited and we shall have no liability to You whatsoever in such case.
Restricted Access and Use
The Website and the Services are not available in certain countries or to certain persons, the identity and composition of which may change from time to time in the sole discretion of us including, without limitation, in order to comply with current applicable laws and regulations. We reserve the right to deny access to and use of the Site and the Services to any country, jurisdiction, geographic region, or person at any time and for any reason whatsoever, including without limitation to comply with applicable law.
Information Collection Consent/Privacy Policy
WE COLLECT AND STORE CERTAIN INFORMATION SUBMITTED BY OUR ARTIST USERS, WHICH MAY INCLUDE CHILDREN UNDER THE AGE OF 13, IN CONNECTION WITH OUR SERVICES INCLUDING, WITHOUT LIMITATION, IDENTITY INFORMATION, DEMOGRAPHIC INFORMATION, OTHER INFORMATION (AS DEFINED IN OUR PRIVACY POLICY & CHILD PRIVACY NOTICE) AND INCLUDING CERTAIN AUTOMATIC INFORMATION SUCH AS USER IP ADDRESSES, DEVICE INFORMATION AND WEBSITE USE INFORMATION. PLEASE SEE OUR PRIVACY POLICY AND CHILD PRIVACY NOTICE FOR MORE DETAILS. In addition, our casting platform portal is powered by a third-party, We Got Pop, Inc., and such third-party collects and uses tHE information You provide UPON REGISTRATION as set forth in its separate privacy policy. We maintain a secure database of all of our artists’ personal information. We share relevant information including your Artist Photos, contact details and casting information with our third-party production company clients to secure work opportunities for you. When you are confirmed for work through our Portal, we will share certain personally identifiable information you provide for compliance purposes with such third-party hiring companies for the operation their payroll company.
By entering into this Agreement, You agree to our collection, use, and disclosure of your Identity Information, Demographic Information and Other Information and all other information in accordance with this Section and in accordance with our Privacy Policy. We may use and share your personally identifiable information you submit through the registration process and your use of the Services with any third parties, as set forth in our Privacy Policy, which may be updated from time to time. This information may include your email address, first and last name, IP address, Website "Use Information," etc., that we automatically collect about your use and interaction with our Website and the Services. We may also use cookies as described in our Privacy Policy, for the purpose of managing your access to the Website and your Profile, delivering the Services to You and for other purposes. You acknowledge that you have read the Privacy Policy and that it is a part of this Agreement
The manner in which we use any Identity Information or any other information that You submit or that we collect automatically through your access and use of the Services shall at all times be consistent with our Privacy Policy. If there is any conflict between the terms of our Privacy Policy and the terms of this Agreement, the terms of this Agreement shall control. Any Identity Information collected by us in connection with this Agreement may be stored and processed in the United States or any other country in which we or our third party Portal provider maintains facilities. You consent to any such transfer of Identity Information outside of your country of citizenship or residence. Any violation of the terms of this Section will result in immediate termination of your account, which such determination will be made by us at our sole-discretion.
We have no control over, and shall have no liability to You whatsoever for, whether and in what manner any third parties or other users of the services use any of your PERsONALLY IDENTIFIABLE Information OR NON-PERSONALLY IDENTIFIABLE DATA THAT YOU OR YOUR CHILD PROVIDES OR THAT IS COLLECTED THROUGH YOUR/YOUR CHILD’S USE OF THE SERVICES, either by itself or in the aggregatE IN A MANNER THAT identifIES you or your child, or FOR any ARTIST PHOTOS You or your child under 13 UPLOADs IN CONNECTION WITH USING OUR SERVICES.
Miscellaneous:
A. Entire Agreement. You agree that this Agreement constitutes the complete and exclusive agreement regarding your access to and use of the Services, along with the terms contained in the Website Terms of Use, and supersedes any prior communications, representations or agreements of the parties, weather written or oral. This Agreement cannot be altered, amended, or modified except in writing executed by an authorized representative of each party. Neither electronic mail nor instant or text messaging shall be considered a writing sufficient to change, modify, extend or otherwise affect the terms of this agreement.
B. Authority. If You are accepting these terms on behalf of another person or a legal entity including your business, You represent and warrant that You have full authority to bind that person, company, or legal entity to these terms and otherwise have authority to enter into this Agreement.
C. Severability. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.
D. Arbitration. YOU AGREE TO GIVE UP YOUR RIGHTS TO BRING ANY CLAIMS RELATING TO THIS AGREEMENT OTHER THAN TO PROTECT YOUR INTELLECTUAL PROPERTY AND/OR YOUR USE OF THIS WEBSITE AND/OR THE SERVICES BEFORE A COURT OF LAW OR OTHER LEGAL TRIBUNAL AND TO RESOLVE ALL DISPUTES OR CLAIMS EXCLUSIVELY BY ARBITRATION. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, any and all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between You and us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this Agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) and shall be administered by the AAA. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in state or federal court under the terms of this Agreement.
Any arbitration proceeding shall be brought and heard exclusively in Cook County, State of Illinois, USA. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either You or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney’s fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of the AAA. You agree that a written notice requesting arbitration must be provided to us within one (1) year after the acts or occurrences supporting such a claim, without tolling for a failure to discover such act or occurrence. If You do not send a written notice to us within the requisite one (1) year period, that claim (or those claims) shall be waived and released and You shall be forever barred from asserting that claim (or those claims) in the future.
E. Venue & Choice of Law. Any and all claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or your use of this Website and/or the Services may only be brought exclusively in a federal or state court situated in Cook County, Illinois, USA. and You hereby expressly agree to submit to the personal jurisdiction of such court and consent to extra-territorial service of process. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of allowing access to and use of this Website by You. This Agreement shall be construed and enforced in accordance with the laws of the state of Illinois, USA, without regard to any applicable conflict of laws principles and without regard to any applicable International laws, treaties or regulations.
F. Waiver. The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You.
G. Prior Dealings. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of or interpretation of any provision contained in this Agreement.
H. Assignment. This Agreement inures to the benefit of and is binding upon the parties and their successors and assigns. You may not assign, delegate or otherwise transfer all or any part of your rights or obligations under this Agreement without prior written consent by us. Any such attempted assignment, delegation, or transfer will be null and void.
I. Survival. Any provisions in this Agreement which by their nature extend beyond the termination or expiration of any license to use the Services will remain in effect until fulfilled and will apply to both parties' respective successors and permitted assigns.
J. No Joint Venture or Partnership. Nothing in this Agreement will be construed as creating a joint venture, partnership, agency or employment relationship between the parties to this Agreement, nor will any party have the right, power or authority to create any obligation or duty, express or implied, on behalf of any other party.
K. Force Majeure. We shall not be liable for any delay or failure in our performance under this Agreement due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed to host this Website or otherwise fulfill our obligations to You under this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SERVICES OR ANY RESTRICTED PORTIONS OF OUR WEBSITE.
BY REGISTERING as AN ARTIST TO USE OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, WHICH GOVERNS YOUR ACCESS AND USE OF THE SERVICES AT ALL TIMES. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, THAT YOU UNDERSTAND THIS AGREEMENT AND THAT YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH US. YOU AGREE THAT BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ALSO AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THE WEBSITE TERMS OF USE AND PRIVACY POLICY. IN THE EVENT OF ANY INCONSISTENCY BETWEEN THIS AGREEMENT AND THE WEBSITE TERMS OF USE OR PRIVACY POLICY, THE TERMS OF THIS AGREEMENT SHALL SUPERSEDE AND CONTROL. YOUR RIGHTS AND PRIVILEGES PURSUANT TO THIS AGREEMENT ARE BEING PROVIDED TO YOU SUBJECT TO YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS AND THE WEBSITE TERMS OF USE.
MODIFICATIONS
We reserve the right, at any time, to amend the provisions of this Agreement. If you do not accept any amendments, this Agreement will terminate. Please regularly check this Agreement as posted on this Website to view the then-current terms of this Agreement. Notwithstanding anything in this Agreement to the contrary, if we post amended terms to this Agreement on our Website, such terms will automatically become effective, shall be incorporated into this Agreement immediately upon being posted, and where inconsistent with any other terms and conditions of this Agreement, shall supersede any such conflicting terms or conditions. By accessing and using our Website and the Services after such revised terms are posted, You agree to be bound by any such revised terms. You agree to periodically visit our Website to examine the then-current terms and conditions of this Agreement. Your access and use of the Website and the Services will always be subject to the most current versions of these Terms of Service and our Privacy Policy, as well as the Website Terms of Use in effect at the time of such use. Please regularly review the Terms of Use on the home page of the Website to view the then-current Terms of Use, Terms of Service and Privacy Policy.
IMPORTANT NOTICE & CONSENT TO OUR INFORMATION COLLECTION FROM CHILDREN UNDER 13
THIS WEBSITE ATTRACTS CHILDREN UNDER THE AGE OF 13. THE OPERATORS OF THIS WEBSITE desire to collect certain personal information from children under the age of 13. parental consent is required before we may collect or use any information we collect from your child under 13. please see OUR separate CHILD PRIVACY Notice, which SETS FORTH THE personal INFORMATION WE COLLECT FROM CHILDREN UNDER 13, HOW WE USE SUCH INFORMATION AND CONTAINS OTHER IMPORTANT DISCLOSURES, INFORMATION AND NOTICES.
IN ADDITION, YOU AGREE TO DOWNLOAD AND READ OUR DIRECT NOTICE TO PARENTS, WHICH CONTAINS THE CHILD DATA COLLECTION PARENTAL VERIFICATION & CONSENT, AND YOU AGREE TO COMPLETE AND SUBMIT SUCH CONSENT ON OUR WEBSITE.
Non-Exclusive, Limited Access Rights
Subject to your continued compliance with the terms and conditions of this Agreement, You are hereby granted a non-exclusive, non-transferable and revocable license and right to access and use the Services and all features made available thereunder, from time to time, including the right to access and use the user profile dashboard located on the password-protected secure area of our Website and the POP Portal (collectively referred to as your “Profile”) in order to upload a user profile and user content, and also including the right to use and access all online content, video or audio files, graphics, images or any other materials or applications (including any mobile applications) made available to You (“Materials"), if any, for your personal use.
You are not authorized to: (i) resell or sublicense, outsource, time-share or rent the Services or Materials; (ii) distribute, transmit, or publish any portions of the Website to the public or download (other than page caching) or modify any portion of the Website in any form, format, or method; (iii) modify, create derivative works from or reverse engineer, reverse assemble, disassemble or decompile the Services or any Materials or otherwise attempt to discover any source code or use unauthorized versions of the Services or any Materials for purposes including (without limitation) building a product or service similar to or competitive with the Services or to gain unauthorized access to the Services; or (iv) otherwise use the Services or any Materials as part of a product or service for any commercial use or purpose whatsoever or in any way exploit any of the Services, in whole or in part, except as otherwise expressly permitted in this Agreement and any other agreement applicable to your use of the Services. The Services and all Materials are being licensed and not sold to You pursuant to the terms and conditions of this Agreement. Except as expressly stated herein, this grant of License does not convey any other rights in and to the Services or any Materials contained on restricted portions of this Website, express or implied, or ownership of any applicable Materials or any intellectual property rights. All rights not expressly granted herein are reserved by us. You may not use the Services or any Materials contained on this Website in any manner that infringes on the copyrights or proprietary interests of any third party or that is in violation of any law, as more fully stated in our Content Policy contained in these terms.
Registration & Casting Profile Accounts
We require that all Artists register and create an account in order to utilize the casting Services offered by us. Once you provide the requested information during the registration process, an account will be automatically created. You also warrant and represent to us that any information you provide during registration is accurate and current, and that You are authorized to provide such information. You will be required to maintain and update your registration information as required to keep your information complete and accurate at all times. We may, in our discretion, terminate, suspend, or modify your registration with, or access to, all or part of the Website and/or the Services, without notice, at any time if you have provided untrue, inaccurate or incomplete registration information. You will be issued or required to create a user ID and password to log-in to the restricted areas of our Website in order to use the Services. You can use this log-in information to access the Services at any time and You may create a unique user ID and password after you have logged-in for the first time. It is your responsibility at all times to maintain the security and confidentiality of your account information, including your user ID and password information. We are not responsible and shall have no liability to You for any misuse or unauthorized access or use of your account. You agree that You shall be the only user of your account and will not allow others to use your account information to log-in and access this Website other than has may be expressly allowed under your license rights stated in this Agreement. You assume liability for and are solely responsible at all times for all use and all actions made under or through your account including, but not limited to, unauthorized use by any third parties or any employees. You agree that we may act in reliance, without investigation, upon any of your log-In information. We will not be required to inquire into the truth or evaluate the merits of any of your log-In information.
Your ability to access and use the Services may require the payment of third party fees and charges (including but not limited to fees and charges such as telephone toll charges, airtime charges or Internet service provider fees, or fees or taxes imposed on Internet services, including any sales or use taxes, by governmental agencies). You are responsible for paying all such fees, charges and taxes. We are not responsible for any equipment you may need to be able to access or use the Site or the Services.
Please note that registering with us does not guarantee employment.
Artist Services Obligations & Restrictions
If You are booked by any of our clients and You have misrepresented your age, You will be sent home from the set without compensation. Artists who are 18 years of age and younger MUST list their actual age. You agree that your use of the Portal will be subject at all times to the separate Portal Terms of Use, available at www.wegotpop.com/pages/terms-of-service. These terms are in addition to your obligations under this Agreement and do not replace or supersede any terms and conditions contained herein.
We, or our clients or hirers, directly communicate all offers of work, including details of terms including applicable rates of pay or union agreement, through the Portal. You must use the Portal to reply to all such messages in order to be considered for any casting jobs. Neither 4 Star Casting Inc. or We Got POP, Inc. shall be held liable for the non-receipt or delayed receipt of any message sent to you via the Portal.
Prior to commencing performance on any casting job You elect to accept through your use of the Services, You agree to supply us and/or the hiring production company with all requested personal information legally required to be obtained by any hiring entity. This may include, but is not limited to, evidence of your right to work, your full legal name, date of birth, social security number and your current address (“Compliance Information”). You agree to provide this information in person on your first day of work, or via the Portal.
You are expected to behave in a professional manner at all times, both in your dealings with 4 Star Casting, with our client hiring entities and on set. This includes responding promptly to availability inquiries and check-in requests sent by us, being reliable, polite and helpful on set including following directions in a timely manner and bringing the appropriate dress as directed. Where a union agreement applies to any casting job You accept, You will be bound by all rules and regulations in such an agreement including any relevant code of conduct. Please note that union agreements often include provisions for the production company to withhold payment if You breach the agreement. Failure to act in a professional manner as required by any of our clients including tardiness or being absent may result in termination of your registration and access/use of the Services at our sole discretion.
You agree to contact the casting personnel who booked You if you are offered other casting work You wish to pursue on the same day in conflict so that they can either confirm your necessity for the casting job, or release you from the job. Notwithstanding this obligation is only required once You have responded to an availability check from us to inform us that You are available for a casting job, or in the event You have applied for a casting job that we have listed on any of our social media sites via the Portal and You have been subsequently contacted by the hiring party. When You are booked for a single day of work, you may not get the performance start time until the day before, and You may not know the ending time until that day of work. Please be aware that television and video camera shoots may start early and finish late and You agree to be bound by whatever schedule and required time-frame during any given work day in connection with any casting job You elect to accept in connection with our Services.
No Employment Relationship
When You are booked to perform on any casting job, You will be employed directly by the hiring entity, usually a production company, and not by us. You acknowledge that You have no such expectation of employment by any of our clients or by any other third-parties. The hiring entity that is your employer of record will be provided on your voucher. The information provided to you in advance of every casting job via the Portal, including rates of pay, applicable union agreements, dates, location and any other terms shall constitute your contract with the relevant production company or other hiring entity. Every effort will be made to ensure that you are given correct information at every stage of a booking. On some jobs you will also be required to sign a salary voucher or release form, in which case those will also form part of your agreement with any hiring party. Rates of pay and relevant union agreements for any job will be stated on the availability check sent to you / and or listed on our social media pages. This is your opportunity to decline any casting job offer if You do not accept the proposed terms. We shall have no liability to You whatsoever for any type of damages You may incur for any cancellation of any existing casting booking by any of our third-party clients in connection with your use of the Services.
Intellectual Property Notice
All logos or any other trademarks, trade names or service marks, whether marked or unmarked, and/or any software, photographs, illustrations, audio files, video files, animations, flash files, data files, code snippets, tags and metatags and other material which is protected by copyright, trademark or other proprietary rights by us or affiliates or other third parties. No such content may be used without our prior written consent. We retain all right, ownership, title and interest in all content, whether or not we have registered for or has been granted any such protections under any state and/or Federal law.
Termination of Services
We can terminate your use and access of the Services by sending you a notice of termination to the e-mail address included in your log-in information (which notice shall be effective upon being sent by us) if: i) You violate or breach one or more provisions of this Agreement including, but not limited to, failure by You to attend any scheduled booking with any of production company clients; or ii) we determine in our sole and exclusive judgment that terminating your access to our Website, Services or your Profile is advisable for security reasons, to protect us from liability, or to maintain the continued normal uninterrupted operation of our Website and/or the Services; or iii) if we determine in our sole judgment that continuing the operation of the Services and/or Website is no longer desirable or in the best interests of the operators of the Website, provided we provide advanced notice to You not sooner than fifteen (15) calendar days before the date we terminate your access rights. Once this Agreement is terminated for any reason, your license to use the Services shall terminate and shall otherwise be revoked by us. Artist Photos that you have uploaded to the Website will be deleted or retired as a result of your termination. We will retain any of your Identity Information only for so long as is reasonably required to fulfill the purposes for which it was collected, but data retained in backups will be removed only as the backups are purged in the normal course of our backup procedures.
Children Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the website http://www.kids.getnetwise.org/tools. For more information regarding policies and practices about how we may collect and disclose information from our Website users, please read both our Privacy Policy and our Child Privacy Notice.
User Content Policy
The following Policy contains important restrictions, notices and disclaimers that govern use of any and all images and/or videos You upload to your Profile using the Website and/or Portal (“Artist Photos"). In consideration for your access and use of the Services, You agree to comply with the following terms and conditions at all times during your use of this Website and the Portal. You are permitted to use any images created by us that we may elect (in our sole discretion) to make available to users of our Services from time to time and provided through your online Profile. You are also permitted to upload your own images to our image bin and use such images on your Profile. We may also commission our own photographs of You (“Casting Photos”). All images uploaded by You will be reviewed by our staff to ensure that the images fall within our guidelines set forth below.
A. Representations And Warranties: You represent that You are the owner, authorized licensee or authorized user of any Artist Photos that are uploaded and used directly by You.
B. User Indemnification: You agree that You shall indemnify, defend, hold harmless and pay any judgment or settlement of, any and all claims or actions of whatever kind or nature asserted by any third party against us, including any of our officers, employees, agents or representatives, as may be applicable, arising from or in connection with: i) any Artist Photos You upload in connection with your use of the Services or in any other way related to this Agreement, regardless of the nature or type of any such claim. You agree to pay all expenses, court costs and attorneys' fees incurred by us in connection with any of the foregoing claims or actions.
C. Artist Photos Storage: You are solely responsible for all Artist Photos including, if desired by you, the making and keeping of back-up copies of any or all Artist Photos. We shall not have any responsibility or liability for the deletion or accuracy of any Artist Photos, the failure to store, transmit or receive transmission of any Artist Photos or the security, privacy, storage or transmission of other communications involving your use of our Website. We will not access, view or listen to any Artist Photos, except as follows: (1) as permitted under this Agreement, including our Privacy Policy; or (2) as necessary to maintain or provide the Website or the Services, including without limitation: (A) to respond to support tickets; (B) to restore the applicable Artist Photos at your request in the event of a service interruption; (C) to conform to legal requirements or comply with legal process as deemed necessary or advisable by us in good faith; (D) to detect, prevent or otherwise address fraud, security or technical issues; or (E) to enforce this Agreement, including investigation of potential violations hereof as further described in this Policy (Investigations).
D. Irrevocable License to Use Artist Photos: Any Artist Photos You upload to your Profile by any means will be treated as non-confidential and may be restricted from being displayed on this Website under the terms of this Policy, at our sole discretion. When You post Artist Photos on this Website, you keep all rights and title to the Artist Photos including any copyrights, but You grant us with an irrevocable, nonexclusive, royalty-free and perpetual right to share some of your Artist Photos You upload with third-party clients solely in connection with the operation of this Website and/or the Services and to sell or otherwise transfer that Artist Photos in connection with transfer of operation and/or ownership of this Website or other location to which the Artist Photos was/were posted.
You shall have no interest in or any rights whatsoever in connection with any Casting Photos and You acknowledge that we are the creator of all Casting Photos holding all copyrights thereto. 4 Star Casting Inc. or We Got Pop, Inc., or our respective shareholders, directors, officers and agents, shall have no liability to You whatsoever for our use of the Casting Photos for any reason including for any commercial purpose.
E. Artist Photos Disclaimers & Investigations: We shall not be responsible for any Artist Photos uploaded onto our Website and we do not warrant the accuracy of any such Artist Photos. We assume no responsibility to investigate or verify the accuracy of any Artist Photos or that any Artist Photos do not violate any law or the rights of some third party or is otherwise injurious or causes some third party to suffer any damages. Under no circumstances shall we be liable for any damages occurring or arising from any Artist Photos posted or transmitted on this Website or on the Portal by You that violates any law or right of some third party. We do not generally monitor user activity occurring in connection with your Profile. However, if we become aware of any actual or possible violations by You of any provision of this Agreement, including without limitation this Content Policy, we reserve the right to investigate such actual or possible violations and we may, at our sole discretion, immediately terminate this Agreement and your access rights to the Services and your Profile, or may change, alter or remove any Artist Photos, in whole or in part, without prior notice to You. If, as a result of any such investigation, we believe that criminal activity has occurred or is occurring, we reserve the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. In connection with any such investigation, we are entitled, except to the extent prohibited by applicable law, to disclose to law enforcement or other government officials, as we in our sole discretion believes to be necessary or appropriate, any information (including without limitation personally identifiable information), about you that is in our possession in connection with your use of the Profile and the Services in general.
F. DMCA and Trademark/Service Mark Policy: We will, in appropriate circumstances as determined in our sole discretion, terminate your rights to submit, upload or post any Artist Photos if you infringe the intellectual property rights of others. We will investigate notices of copyright infringement and take appropriate actions pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). We also have procedures in place for You to protest any notices of alleged infringement of any Artist Photos You have submitted, uploaded or posted to this Website. Please see our DMCA Policy on this Website for more details.
Indemnification by You
You hereby agree to defend, indemnify and hold us, our officers, directors, employees, consultants, agents, representatives, joint venture or joint venture partners, attorneys or any parent, subsidiary or other entity controlled or owned by us, harmless from and against any and all claims, liabilities, damages or costs (including without limitation fees, costs and other expenses of attorneys and expert witnesses) arising out of or in any way related to: (i) any breach of this Agreement by You; (ii) your use of and access of our Website and use of the Services; (iii) any actual or alleged violation by You or by any person using your user account information (whether or not such use is authorized by You) of this Agreement or any applicable law, or any intellectual property, proprietary, privacy or other right of any third party; or (iv) your negligence or willful misconduct.
Website & Portal Down Time Disclaimer
While we strive to keep downtime to a minimum, from time to time the Website and the Portal may be unavailable, whether due to periodic maintenance or otherwise. We shall not be liable to you for any downtime caused by any of the following: (i) periodic maintenance (notice of which will be posted in advance on the Website at the point of user log-in and/or e-mailed to the e-mail address contained in your primary Log-In Information), (ii) any reason described in our section regarding Force Majeure, or (iii) your inability to connect to or to access the Website or the Portal due to problems related to your PC hardware, software, network, network setup or security, or your Internet service provider or any other similar problem.
WARRANTY DISCLAIMER
THE SERVICES ARE BEING MADE AVAILABLE ON A "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS" AND ARE BEING PROVIDED WITHOUT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY REGARDING THE QUALITY, USEFULNESS, RELIABILITY OF OR PERFORMANCE OF THE SERVICES OR THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OF USE. YOU AGREE TO ASSUME THE SOLE RISK ASSOCIATED WITH YOUR USE OF THE SERVICES.
WE DO NOT WARRANT THAT THE SERVICES ARE APPROPRIATE OR LEGAL IN YOUR JURISDICTION. WE ARE NOT RESPONSIBLE FOR ANY UNAVAILABILITY, INTERRUPTION OR DELAY OF ANY SERVERS OR WITH TELECOMMUNICATIONS OR THIRD PARTY SERVICES (INCLUDING DNS PROPAGATION) NECESSARY TO HOST OUR WEBSITE AND/OR TO PROVIDE ACCESS TO ANY SERVICES OR MATERIALS MADE AVAILABLE THROUGH OUR WEBSITE, UNDER ANY CIRCUMSTANCES. THE USE OF THE SERVICES AND THE MATERIALS THEREFROM SHALL BE DONE SOLELY AT YOUR OWN DISCRETION AND RISK AND WITH YOUR UNDERSTANDING THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA OR ANY OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. WE SHALL HAVE NO RESPONSIBILITY FOR ANY FAILURE THAT ARISES OUT OF YOUR USE OF THE WEBSITE AND THE SERVICES WITH ANY HARDWARE CONFIGURATION, PLATFORM OR OPERATING SYSTEM, INCLUDING WITHOUT LIMITATION ANY FAILURE RELATED TO OR ARISING FROM YOUR INABILITY TO CONNECT TO OR TO ACCESS THE WEBSITE OR SERVICES DUE TO PROBLEMS RELATED TO YOUR P.C. HARDWARE, SOFTWARE, NETWORK, NETWORK SETUP OR SECURITY, OR YOUR INTERNET SERVICE PROVIDER OR ANY OTHER SIMILAR PROBLEM.
LIMITATION OF LIABILITY
YOU AGREE THAT 4 STAR CASTING INC., OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS, SUCCESSORS AND/OR ASSIGNS (AS APPLICABLE), SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER DAMAGES OF ANY KIND OTHER THAN ACTUAL, DIRECT DAMAGES INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS OR REVENUES, LOST DATA OR LOST GOODWILL ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR ACCESS AND USE OF THE WEBSITE OR THE SERVICES.
IN ADDITION, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SHALL HAVE NO liabILITY TO YOU for any kind of damages of whatever kind or nature for: (A) ANY INTERRUPTION OR TERMINATION OF YOUR USE OF THE SERVICES FOR ANY REASON WHATSOEVER; OR (B) any Artist Photos CONTAINED ON THIS WEBSITE or the access, recording, storage or other use THEREOF by US as set forth in this agreement or as may be stated on our website, BY OUR CLIENTS OR BY ANY OTHER THIRD-PARTY thereof including without limitation: (1) any Artist Photos that ARE sent, received, held, released or otherwise connected in any respect to the WEBSITE or the Services; (2) any Artist Photos that ARE UPLOADED but not received; (3) any access to or alteration of Artist Photos by you or any other PersonS; (C) YOUR INABILITY TO obtain CASTING JOBS/PROJECTS, whether as an employee or independent contractor, WITH ANY OF OUR CLIENTS; (D) the negligent or willful conduct BY You or BY ANY THIRD-PaRTY INCLUDING OUR THIRD-PARTY CLIENTS OR THEIR AGENTS in CONNECTION WITH YOUR PERFORMANCE (OR ATTEMPTED PERFORMANCE) OF ANY CASTING JOB/PROJECT YOU ELECT TO ACCEPT THROUGH YOUR USE OF THE SERVICES; or (E) use by any third parties of any data you provide or that is automatically collected by such third party through your use of the services. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU AS STATED HEREIN REGARDLESS OF THE CAUSE OF ANY SUCH DAMAGE OR THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTIOUS CONDUCT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR BY ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE SAME.
WAIVER OF UNKNOWN CLAIMS
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME KNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER. ACCORDINGLY, YOU AGREE TO WAIVE YOUR RIGHTS UNDER ANY LAWS THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS, INCLUDING CALIFORNIA CIVIL CODE SECTION 1542 IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, OR ANY OTHER APPLICABLE STATE LAWS, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Exceptions to Disclaimers & Limitations
Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to you. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as allowed under any applicable laws.
Compliance with Laws
You are solely responsible for compliance with any laws applicable to your use of the Services. You agree to comply with all applicable laws and regulations of the United States and the various states. Access and use of this Website from any jurisdictions where the services being provided are illegal is strictly prohibited and we shall have no liability to You whatsoever in such case.
Restricted Access and Use
The Website and the Services are not available in certain countries or to certain persons, the identity and composition of which may change from time to time in the sole discretion of us including, without limitation, in order to comply with current applicable laws and regulations. We reserve the right to deny access to and use of the Site and the Services to any country, jurisdiction, geographic region, or person at any time and for any reason whatsoever, including without limitation to comply with applicable law.
Information Collection Consent/Privacy Policy
WE COLLECT AND STORE CERTAIN INFORMATION SUBMITTED BY OUR ARTIST USERS, WHICH MAY INCLUDE CHILDREN UNDER THE AGE OF 13, IN CONNECTION WITH OUR SERVICES INCLUDING, WITHOUT LIMITATION, IDENTITY INFORMATION, DEMOGRAPHIC INFORMATION, OTHER INFORMATION (AS DEFINED IN OUR PRIVACY POLICY & CHILD PRIVACY NOTICE) AND INCLUDING CERTAIN AUTOMATIC INFORMATION SUCH AS USER IP ADDRESSES, DEVICE INFORMATION AND WEBSITE USE INFORMATION. PLEASE SEE OUR PRIVACY POLICY AND CHILD PRIVACY NOTICE FOR MORE DETAILS. In addition, our casting platform portal is powered by a third-party, We Got Pop, Inc., and such third-party collects and uses tHE information You provide UPON REGISTRATION as set forth in its separate privacy policy. We maintain a secure database of all of our artists’ personal information. We share relevant information including your Artist Photos, contact details and casting information with our third-party production company clients to secure work opportunities for you. When you are confirmed for work through our Portal, we will share certain personally identifiable information you provide for compliance purposes with such third-party hiring companies for the operation their payroll company.
By entering into this Agreement, You agree to our collection, use, and disclosure of your Identity Information, Demographic Information and Other Information and all other information in accordance with this Section and in accordance with our Privacy Policy. We may use and share your personally identifiable information you submit through the registration process and your use of the Services with any third parties, as set forth in our Privacy Policy, which may be updated from time to time. This information may include your email address, first and last name, IP address, Website "Use Information," etc., that we automatically collect about your use and interaction with our Website and the Services. We may also use cookies as described in our Privacy Policy, for the purpose of managing your access to the Website and your Profile, delivering the Services to You and for other purposes. You acknowledge that you have read the Privacy Policy and that it is a part of this Agreement
The manner in which we use any Identity Information or any other information that You submit or that we collect automatically through your access and use of the Services shall at all times be consistent with our Privacy Policy. If there is any conflict between the terms of our Privacy Policy and the terms of this Agreement, the terms of this Agreement shall control. Any Identity Information collected by us in connection with this Agreement may be stored and processed in the United States or any other country in which we or our third party Portal provider maintains facilities. You consent to any such transfer of Identity Information outside of your country of citizenship or residence. Any violation of the terms of this Section will result in immediate termination of your account, which such determination will be made by us at our sole-discretion.
We have no control over, and shall have no liability to You whatsoever for, whether and in what manner any third parties or other users of the services use any of your PERsONALLY IDENTIFIABLE Information OR NON-PERSONALLY IDENTIFIABLE DATA THAT YOU OR YOUR CHILD PROVIDES OR THAT IS COLLECTED THROUGH YOUR/YOUR CHILD’S USE OF THE SERVICES, either by itself or in the aggregatE IN A MANNER THAT identifIES you or your child, or FOR any ARTIST PHOTOS You or your child under 13 UPLOADs IN CONNECTION WITH USING OUR SERVICES.
Miscellaneous:
A. Entire Agreement. You agree that this Agreement constitutes the complete and exclusive agreement regarding your access to and use of the Services, along with the terms contained in the Website Terms of Use, and supersedes any prior communications, representations or agreements of the parties, weather written or oral. This Agreement cannot be altered, amended, or modified except in writing executed by an authorized representative of each party. Neither electronic mail nor instant or text messaging shall be considered a writing sufficient to change, modify, extend or otherwise affect the terms of this agreement.
B. Authority. If You are accepting these terms on behalf of another person or a legal entity including your business, You represent and warrant that You have full authority to bind that person, company, or legal entity to these terms and otherwise have authority to enter into this Agreement.
C. Severability. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.
D. Arbitration. YOU AGREE TO GIVE UP YOUR RIGHTS TO BRING ANY CLAIMS RELATING TO THIS AGREEMENT OTHER THAN TO PROTECT YOUR INTELLECTUAL PROPERTY AND/OR YOUR USE OF THIS WEBSITE AND/OR THE SERVICES BEFORE A COURT OF LAW OR OTHER LEGAL TRIBUNAL AND TO RESOLVE ALL DISPUTES OR CLAIMS EXCLUSIVELY BY ARBITRATION. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, any and all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between You and us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this Agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) and shall be administered by the AAA. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in state or federal court under the terms of this Agreement.
Any arbitration proceeding shall be brought and heard exclusively in Cook County, State of Illinois, USA. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either You or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney’s fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of the AAA. You agree that a written notice requesting arbitration must be provided to us within one (1) year after the acts or occurrences supporting such a claim, without tolling for a failure to discover such act or occurrence. If You do not send a written notice to us within the requisite one (1) year period, that claim (or those claims) shall be waived and released and You shall be forever barred from asserting that claim (or those claims) in the future.
E. Venue & Choice of Law. Any and all claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or your use of this Website and/or the Services may only be brought exclusively in a federal or state court situated in Cook County, Illinois, USA. and You hereby expressly agree to submit to the personal jurisdiction of such court and consent to extra-territorial service of process. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of allowing access to and use of this Website by You. This Agreement shall be construed and enforced in accordance with the laws of the state of Illinois, USA, without regard to any applicable conflict of laws principles and without regard to any applicable International laws, treaties or regulations.
F. Waiver. The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You.
G. Prior Dealings. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of or interpretation of any provision contained in this Agreement.
H. Assignment. This Agreement inures to the benefit of and is binding upon the parties and their successors and assigns. You may not assign, delegate or otherwise transfer all or any part of your rights or obligations under this Agreement without prior written consent by us. Any such attempted assignment, delegation, or transfer will be null and void.
I. Survival. Any provisions in this Agreement which by their nature extend beyond the termination or expiration of any license to use the Services will remain in effect until fulfilled and will apply to both parties' respective successors and permitted assigns.
J. No Joint Venture or Partnership. Nothing in this Agreement will be construed as creating a joint venture, partnership, agency or employment relationship between the parties to this Agreement, nor will any party have the right, power or authority to create any obligation or duty, express or implied, on behalf of any other party.
K. Force Majeure. We shall not be liable for any delay or failure in our performance under this Agreement due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed to host this Website or otherwise fulfill our obligations to You under this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SERVICES OR ANY RESTRICTED PORTIONS OF OUR WEBSITE.