This section provides an overview of the changes made since the June 21, 2022 version of the terms was published.
- We have updated contact points to ensure these all link to the latest Customer Support channels
- We have simplified the cancelation and refund policy so pre-paid semi-annual and annual subscribers follow the same process as other customers
I. ABOUT CASTING NETWORKS, LLC
Casting Networks, LLC provides a range of content, hosting, communication and networking services, including content, features, functionalities and other services to allow Talent (as defined below) to connect with talent agents, managers, casting directors, and other professionals rendering professional services in motion picture, theatrical, radio, television and other entertainment enterprises (collectively the “Services”) that may be offered on our websites, mobile websites, apps, or from other services, products, tools, offers or communications provided by CN.
Registration of Minors
Minors are not eligible to create accounts, maintain profiles or utilize our Services. Only Authorized Representatives or parents or legal guardians of Applicants who are under the age of majority in the state or country in which they reside (“Minors”) may submit applications , create and maintain accounts and profiles, and utilize the Services on behalf of Minors (collectively referred to as “Authorized Representatives”). Under applicable European Data Privacy Laws, children ages 13 to 16 may provide valid consent to process their personal information. Where consent is required under such European Data Privacy Laws, the Authorized Representative has the obligation to provide to us evidence of such consent or, as required under the European Data Privacy Laws, the authorization of the holder of parental responsibility for the child. We may refuse to process, or to continue to process, the child’s personal information until we receive this evidence of consent or authorization.
II. ACCEPTANCE OF TERMS
Legally Binding Agreement
Updates to Terms
The Terms may change at any time. We will post the most current version on the home page of our website (https://www.castitreach.com/) or via a link on the applicable Service with a new Effective Date. Changes are effective from the Effective Date. Your continued access or use of the Services after we post changes to the Terms signifies your agreement to those changes. If you do not agree to the current Terms, you must discontinue using the Services.
Contact and Electronic Communications
By accessing or using the Services, you consent to having these Terms provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you provide us with contact information in connection with a particular activity, such as an email address or telephone number (“Contact Information”), you agree that this establishes a business relationship with us and that we may communicate with you using the Contact Information you provided to us. You acknowledge the legal authority over any Contact Information. This means we may contact you in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving through the Contact Information you have provided to us. Standard message and data rates may apply.
Your Consent to Email Marketing
IV. USER CODE OF CONDUCT
You agree to use the Services in a professional manner, provide complete and accurate information, and update it as necessary. You further agree to comply with all applicable laws, rules, and regulations.
V. USER RIGHTS AND OBLIGATIONS
Preventing and Reporting Abuse
You agree that CN may take whatever steps it deems necessary to stop or prevent behavior of any kind on the Services that violates this Agreement in its sole discretion, without notice. For example, CN has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any User who publishes or distributes child pornography. You can report any violations of the User Code of Conduct or other abuse of the Services by emailing email@example.com.
Interruption of Services
CN may at any time for any or no reason interrupt availability of some or all aspects of the Services, or modify, replace, refuse access to, or discontinue any Services, or change or modify our Fees in our sole discretion. Any changes to the Services or Fees are effective when posted on the Services or when communicated to you directly. CN is not liable for any interruption of Services, or delay or failure to perform, and you understand that in such cases you shall not be entitled to any refunds of Fees.
The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Illegal and/or unauthorized use of the Services, including collecting names and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or commercial solicitations, or unauthorized framing of or linking to the Services is prohibited. Appropriate legal action may be taken for any illegal or unauthorized use of the Services.
Links to Third Party Services
VI. INTELLECTUAL PROPERTY RIGHTS
Access to Content on the Services
You acknowledge that: (i) by using the Services you may have access to pictures, digital images, graphics, music, video, audio, text, computer code and other creative output (collectively, “Content”); and (ii) this Content includes Content owned or licensed by CN (“CN Content”), or owned or licensed by Users (“User Content”). You acknowledge that CN, CN licensors, and Users have rights in their respective Content under copyright and other applicable laws and treaty provisions. You accept full responsibility and liability for your use of any Content in violation of any such rights.
CN may choose, but has no obligation, to pre-screen or monitor the Services for inappropriate User Content or conduct at any time, and it may delete any User Content that violates these Terms, as determined by CN in its sole discretion. However, if CN chooses to pre-screen or monitor User Content, CN nonetheless assumes no responsibility for such User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.
View Content at Your Risk
You understand that when using the Services, you will be exposed to Content from a variety of sources, and that CN is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, objectionable, or that contains errors or omissions.
Ownership of User Content Posted by Other Users of our Services
All User Content, including all project information posted on the Services by any user is either owned or licensed by the user that posted it. Therefore, other users of our Services may not distribute, modify, transmit, reuse, download, repost, copy, or use the User Content of others, including project information, for any reason without express prior written permission from the user that posted it. A violation of this Section is cause for immediate and permanent termination of your right to use our Services.
Our Ownership Rights
All right, title and interest in and to the Services is the exclusive property of CN and its licensors. We hereby grant you a limited, revocable, non-sublicenseable license to reproduce and display the CN Content (excluding any software code) solely for your personal use and to the extent necessary to access or use the Services. CN reserves all rights not expressly granted in and to the CN Content and the Services.
Software Use Restrictions
You acknowledge that any software and related documentation that may be available to download from the Services (the “Software”) is a copyrighted work owned or licensed by CN and that you do not acquire any ownership rights by downloading the Software. You agree that your use of the Software is governed by these Terms and is also governed by the terms of the license agreement, if any, that accompanies or is included with the Software (the “License Agreement”). Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT IN NEW JERSEY AND AS SET FORTH IN THE LICENSE AGREEMENT, THE SOFTWARE IS PROVIDED TO YOU ON AN “AS-IS” AND “WHERE-IS” BASIS, AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED.
All comments, feedback or materials submitted by you to us, including feedback, testimonials, images, reviews, questions, comments, suggestions or ideas (collectively, “Feedback”), are received and treated by us on a non-confidential and unrestricted basis. CN has a limited, non-exclusive license to use, display, perform, distribute, copy, adapt, and promote the Feedback in any way, without any additional compensation to you. You agree that in submitting Feedback, it will not violate any right of any third party, including any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain viruses, commercial solicitations, or any form of “spam”.
Ownership and License of User Content
You represent that you have all rights necessary to grant us the License set forth in this section, that your User Content is accurate and not confidential, and the submission, transmission, posting and use of your User Content on the Services is not in violation of any applicable laws or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights of persons or property appearing therein). You are solely responsible for your User Content or any other User Content you access through the Services.
Copyright Laws and the Digital Millennium Copyright Act
CN has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512, (the “DMCA”) and avails itself of the protections under the DMCA. Further, we reserve the right to remove any User Content on the Services which allegedly infringes another person’s copyright and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringes another person’s copyright in accordance with United States and other relevant territories relating to the registration of the respective copyright. It is our policy to terminate the access of repeat infringers. However, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party’s copyright to remain on the CN Services.
Filing a Complaint
If you believe any material on the Services infringes a copyright, you should provide us with a request to takedown the allegedly infringing material in the form of a written letter, sent by regular mail only, (“DMCA Takedown Notice”) that at a minimum includes:
- 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 us to locate the material;
- Your name, address, telephone number and email address (if available);
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- The signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notwithstanding the foregoing, we reserve the right to ignore a DMCA Takedown Notice that is not in compliance with the DMCA.
Filing a Counter-Notice
If your material has been removed or blocked by us as a result of our receipt of a DMCA Takedown Notice, you may send us a request asking for the allegedly infringing material to be restored in the form of a written letter, sent by regular mail only, (“DMCA Counter-Notice”) that at a minimum includes:
- Identification of the copyrighted work or works that were removed by CN and the location at which the works appeared before they were removed, with information reasonably sufficient to permit us to identify the copyrighted work;
- Your name, address, telephone number and email address (if available);
- A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located, or California if your address is outside of the United States;
- A statement that you will accept service of process from the person (or an agent of such person) who provided the DMCA Takedown Notice to us;
- A statement that you have a good faith belief that the allegedly infringing material identified above as the copyrighted work was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- A signature of a person authorized to act on behalf of the owner of the copyrighted work that was taken down.
When we receive the DMCA Counter-Notice, we will send a copy of the DMCA Counter-Notice to the party who originally sent us the DMCA Takedown Notice requesting the removal of the allegedly infringing material and we will reinstate the allegedly infringing material, unless that party obtains a court order supporting removal of the allegedly infringing material. Notwithstanding the foregoing, we reserve the right to ignore a DMCA Counter-Notice that is not in compliance with the DMCA.
Both the DMCA Takedown Notice and the DMCA Counter-Notice must be sent to our designated DMCA agent via email at firstname.lastname@example.org or by postal mail as follows:
CASTING NETWORKS, LLC
3250 WILSHIRE BLVD STE 1800
LOS ANGELES, CA 90010
Emails or letters sent to these contact addresses that do not relate to the DMCA will be ignored.
VII. INTERACTING WITH OTHER USERS
CN is a service provider so we don’t control each and every aspect of the Services. For example, we do not regularly monitor Users’ interactions with the Services or communications with each other on the Services. However, CN may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. CN reserves the right to terminate your Account if we determine, in our sole discretion, that doing so is necessary to enforce these Terms or to protect its business reputation or Users.
Communications with Users
You are solely responsible for your interactions with other Users.
As a condition of access to and use of the Services, you release CN, including its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of the Services, including any claim against any individual or entity who creates an unauthorized account for you on your behalf.
You understand and agree that: (i) CN will have the right but not the obligation to assist Users in resolving disputes among Users relating to Users’ use of the Services; (ii) CN’s resolution of any particular dispute does not create an obligation to resolve any other dispute; (iii) to the extent CN assists in resolving such disputes, it will do so in good faith based solely on the general rules and standards of the Services; (iv) CN’s resolution of such disputes will be final with respect to the respective Users’ use of the Services; and (v) you release CN from claims, demands and damages of every kind and nature in any way connected with CN’s resolution of User disputes relating to the Services.
VIII. DISCLAIMERS OF WARRANTY AND LIABILITY
The Services are provided “As Is”
CN provides the Services strictly on an “AS IS” basis and does not guarantee that the Services will function without interruption or errors in functioning, or be virus-free. The operation of the Services may be interrupted due to maintenance, updates, or system or network failures. CN disclaims all liability for damages caused by any interruption, malfunction, impossibility of access, or poor use conditions of the Services for any reason. Use of the Services is at your own risk, to the fullest extent permissible under applicable law and except in New Jersey. CN EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
CN makes no warranty as to the quality, accuracy, completeness or validity of any information or Content you access or receive in connection with the Services, or that your use of the Services will meet your requirements. If you are dissatisfied or harmed by the Services, you may terminate your account in accordance with these Terms and such termination shall be your sole and exclusive remedy.
CN is not responsible for, and makes no representations or warranties for the delivery of any messages sent through the Services to anyone. In addition, we neither warrant nor represent that your use of the Services will not infringe the rights of third parties. Any material, service, or technology described or used on the Services may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us.
CN does not have any obligation to verify the identity of the persons accessing the Services or subscribing to the Services. CN disclaims all liability for identity theft or any other access to or misuse of your identity or information.
No Liability for Accumulated Content
When using the Services, you may accumulate Content that resides as data on CN’s servers. This data, and any other data, account information or history, User personal information or names residing on CN servers may be deleted, altered, moved or transferred at any time for any reason in CN’s sole discretion. You acknowledge that, notwithstanding any copyright or other rights you may have with respect to User Content you upload, transmit, display and/or create using the Services, and notwithstanding any value attributed to such Content, you understand and agree that CN has the right, but not the obligation, to remove any Content (including your User Content) at any time, for any reason or no reason, with or without notice, and with no liability of any kind. CN EXPRESSLY DISCLAIMS ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON CN’S SERVERS.
Limitation of liability
IN NO EVENT IS CN OR ITS RESPECTIVE SUPPLIERS, LICENSORS OR DISTRIBUTORS IN HOSTING, OPERATING OR DELIVERING THE SERVICES LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST PROFITS, EXCLUDING CLAIMS BASED ON GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICES (INCLUDING ITS MODIFICATION OR TERMINATION), YOUR ACCOUNT (INCLUDING THEIR TERMINATION OR SUSPENSION) OR THESE TERMS, WHETHER OR NOT CN MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
IN ADDITION, EXCLUDING CLAIMS BASED ON GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, YOU AGREE THAT IN NO EVENT WILL CN’S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED THE LESSOR OF THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR THE SERVICE, IF ANY, OR U.S. FIFTY DOLLARS ($50.00).
SOME STATES INCLUDING NEW JERSEY OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If you are a California resident, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “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.”
You agree to defend, indemnify and hold harmless CN and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors from and against all damages, losses, liabilities, claims, and costs (including, but not limited to, reasonable attorneys’ fees and costs including costs to respond to regulatory inquiries, actions or subpoenas) related to all third party claims, charges, and investigations, arising from, relating to, or caused by (a) your use of the Services, (b) your failure to comply with these Terms, including, without limitation, your submission or use of Content in violation of third party rights or applicable laws, rules or regulations or (c) your account and registration.
IX. DISPUTE RESOLUTION
These Terms shall be governed, construed, and enforced in accordance with the laws of the state where the Userresides, as determined by the address on file with CN, without regard to its conflict of laws rules except that the arbitration provision shall be governed by the Federal Arbitration Act as stated herein.
Notice of Claims
In the event a dispute arises between you and CN we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute through arbitration. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim (as defined below) and setting forth the specific relief sought. All Notices of Dispute with CN shall be sent to the following address: Casting Networks, LLC, Attn: Dispute Resolution, 3250 Wilshire Blvd Ste. 1800, Los Angeles, CA 90010 USA.
All notices to Users will be sent to the email or street address provided in the User’s account. Upon receipt of such Notice of Dispute, the other party shall have a 60-day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the Notice of Dispute, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such 60-day cure period, you or CN may commence an arbitration proceeding in accordance with the following procedure. This notice requirement is a condition precedent to any arbitration proceeding, as described below.
Arbitration and Class Action Waiver
YOU AND CN AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, CONNECTED WITH OR RELATING TO THESE TERMS, ANY CONTRACT, TORT, MISREPRESENTATION, FRAUD OR OTHER LEGAL THEORY OR CAUSE OF ACTION, STATUTE, OR OTHERWISE RELATING TO THE SERVICES (“CLAIMS”) WHICH CANNOT BE SETTLED BY MUTUAL AGREEMENT OF THE PARTIES, SHALL BE RESOLVED BY ONE ARBITRATOR THROUGH BINDING ARBITRATION. HOWEVER, YOU OR CN MAY BRING ANY CLAIM IN SMALL CLAIMS COURT CONSISTENT WITH THE APPLICABLE JURISDICTIONAL LIMITS. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE BROADLY INTERPRETED. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, JUST AS A COURT WOULD, THE ARBITRATOR MUST HONOR THESE TERMS. THE ARBITRATOR’S DECISION AND AWARD IS FINAL AND BINDING, WITH SOME EXCEPTIONS UNDER THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1, ET SEQ., AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION. BY AGREEING TO THESE TERMS, YOU AND CN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.
Any Claim must be brought in the parties’ individual capacity in arbitration, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. YOU AND CN UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, BY AGREEING TO THESE TERMS AND USING THE SERVICES YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY THROUGH ARBITRATION. IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH ABOVE CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY. If for any reason a claim proceeds in court rather than through arbitration, you and CN agree that there will not be a jury trial. You and CN unconditionally waive any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Terms in any way. In the event of litigation, this paragraph may be filed to show a written consent to a trial by the court.
Unless otherwise agreed to by you and CN in writing or for individual claims brought by you or CN in small claims court, the arbitration will be governed and conducted by JAMS before a single arbitrator from JAMS, or another established alternative dispute resolution (“ADR”) provider, chosen by CN, who is licensed to practice law. The arbitration proceeding will be located in Los Angeles, California, and for any non-frivolous demand, CN will: (1) pay the costs of the arbitration up to $10,000; (2) if you prefer will conduct the arbitration by telephone, and (3) will not seek attorney’s fees in the event CN prevails. Each party shall pay the fees and costs of its own counsel, experts and witnesses (as applicable) and will be conducted in accordance with JAMS rules. The JAMS rules, including the selection of an arbitrator, filing, administration, discovery and arbitrator fees will be conducted under the JAMS Comprehensive Arbitration Rules & Procedures, except as modified by these Terms or otherwise agreed to by you and CN in writing. The JAMS rules are available on its website at www.jamsadr.com. To the extent that this Dispute Resolution section conflicts with JAMS’s minimum standards for procedural fairness, the JAMS’ rules and/or minimum standards for arbitration procedures in that regard shall control. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or for the arbitrator’s award; and any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, or enforceability of these Terms including any claim that all or any part of these Terms are void or voidable. However, the preceding sentence shall not apply to the clause in this Dispute Resolution provision regarding the Class Action waiver.
Any claim or action for (i) indemnification, (ii) any violation of CN intellectual property rights, (iii) contribution, (iv) interpleader, or (v) injunctive relief arising out of a Claim shall not be subject to arbitration.
This arbitration provision shall survive termination of these Terms, including the termination of any relationship between you and CN.
If any provision of this Section is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable except that should the provision on class action waiver for any Claim be found to be unenforceable by a court of law, then the provision to arbitrate will not apply.
X. GENERAL PROVISIONS
The Services are controlled and operated by CN from its offices within the United States. CN makes no representation that any Content, Software or other products in the Services are appropriate or available for use in other locations, and access to such materials or use of the Services from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If you use the Services from other locations, you are responsible for compliance with applicable local laws including, but not limited to, the export and import regulations of other countries. Your use of the Services, including our Software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any Software or Service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving United States origin products, including Services or Software.
CN may give notice to you by means of a general notice on the Services, at or after log-in to your account, by electronic mail to your e-mail address in our records for your Account, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your Account.
All notices given by you, whether or not required under these Terms, shall be emailed to email@example.com; or sent to us by postal mail or courier at:
CASTING NETWORKS LLC
ATTN DISPUTE RESOLUTION
3250 WILSHIRE BLVD STE 1800
LOS ANGELES, CA 90010
Any notices that you provide without compliance with this section shall have no legal effect.
The failure of CN to partially or fully exercise any rights under these Terms, or the waiver of CN of any breach of these Terms by you, shall not prevent a subsequent exercise of such rights by CN or be deemed a waiver by CN of any subsequent breach by you of the same or any other condition of these Terms. The rights and remedies of CN under these Terms, its policies, and any other applicable agreement between you and CN shall be cumulative, and the exercise of any such right or remedy shall not limit CN’s right to exercise any other right or remedy.
If any part of these Terms, other than the Class Action waiver as set forth above, is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect.
Headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms.
Third Party Beneficiaries
These Terms do not create third party beneficiary rights enforceable by third parties.
These Terms, and the policies incorporated herein, are the entire agreement between you and CN. They supersede any and all prior or contemporaneous agreements between you and CN relating to your use of the CN Services.
Copyright © 2022, Casting Networks, LLC. All rights reserved.
Effective Date: July 19, 2022