Terms Of Service

[vc_row][vc_column][vc_column_text letter_spacing=””]BY USING OUR WEBSITE AND/OR SERVICES, YOU ACCEPT THESE TERMS AND AGREE TO COMPLY WITH THEM

 1. INTRODUCTION

These are the terms of service which apply to your use of:

  • the ModelCastings.co.uk website and services;

They are referred to in these terms as the “Site” and the “Services”. The Services include the provision of information and materials, and tools to enable you to share information and materials, network and communicate with us and other users. The term“content” is used in these terms to refer to such information, materials and tools.

The terms apply between you, the user of our Site and Services, and A&S Marketing Limited, a company registered in England and Wales with company number 08276284

(also referred to as “we” or “us”).

If you use any Site or Service as an employee or representative of another legal entity, you accept these terms on behalf of yourself and the legal entity, and confirm that you have authority to do so.

PART A contains terms which apply to all users of our Site and Services.

PART B contains specific additional terms which apply to you if you are:

  • a candidate (including actors, presenters and models)
  • an employer (including casting professionals and filmmakers)
  • a service provider (including photographers and show-reel providers)
  • an agent for candidates
  • an advertiser of services or products

Please contact us if you have any queries about these terms or their effect.

2. HOW TO ACCESS OUR SERVICES

2.1. Types of users and access rights

  • Visitors: Some information on the Sites can be viewed by all visitors to our Site, without a registration.
  • Registration and profiles: If you wish to access specific Services, you must register and set up a profile. We aim to process applications for registration and subscriptions within two working days of receipt, but we do not guarantee access to the relevant Site or Service within any particular timescale. Any subscription period will commence when payment is received by us, or, for any free subscription period, when we grant you access to the relevant Service. We retain the right to refuse access to or use of our Sites or Services to any person for any reason at our reasonable discretion.

2.2. Eligibility

You must meet certain criteria in order to access certain Sites and Services. These criteria will be specified on the relevant Sites.

In particular, the Sites and Services are not intended for users of under 18 years of age, and such users are not permitted to register or subscribe. However, the parent, guardian or agent of a candidate under the age of 18 may use the Sites and Services on behalf of that candidate (including registering and submitting a profile), provided that the parent, guardian or agent complies and procures that the candidate complies with these terms.

3. CONTENT AND SERVICES ACCESSED BY YOU

3.1. Access to the Sites and Services

You are responsible for making all arrangements and payments necessary for you to have access to our Sites and Services, including internet connections, computer equipment and software. We are not responsible for:

  • the availability of the internet or any communications network; nor
  • any malfunctions, errors or other damage in or to connections, equipment or software that may occur in relation to your use of the Sites or Services.

You should keep your passwords confidential; any use of the Sites and Service using your login details, including email address and password (other than by our Site administrators) will be your responsibility.

3.2. Intended use of Sites and Services

Our Services and content are provided for your information and convenience, and are not intended to be relied upon by you in taking any action or refraining from taking any action. Whilst we seek to ensure all users agree to these terms, we do not routinely check all content provided by users and third parties (eg profiles, job postings, advertisements and discussions in user forums) and cannot guarantee their accuracy or lawfulness.

In particular:

  • you should not rely on any content or Service being available, accurate or complete;
  • you should not rely on our Services for storage or maintenance of your content or for important, sensitive or time-critical communications (eg using our messaging service); and
  • inclusion of information, advertisements or other content relating to other users or third party services or products does not constitute any recommendation or endorsement by us of the relevant user, services or products.

You may wish to take your own steps to confirm information, back-up your content and ensure that communications reach their intended recipient promptly and securely.

In addition:

  • any communications, contracts or other arrangements between you and other users or third parties are your responsibility. Whilst our Services may facilitate such dealings, we are not responsible for them. This includes any arrangements for auditions, roles, jobs, payment and delivery of services;
  • our Sites may contain links to websites provided by third parties. We do not control and are not responsible for the availability, accuracy or content of third party websites; and
  • we may transmit information about our Sites and Services using third party services such as Twitter or Facebook. We are not responsible for the availability of any third party services.

You agree not to hold us liable for any loss or damage incurred as a result of:

  • reliance on any content from or about other users or third parties, or about opportunities or services provided by them; nor
  • any communications, contracts or dealings (or lack thereof) with other users or third parties.

3.3. Reporting unlawful content

You may report to us if any content or communication appears unlawful, inaccurate or otherwise inappropriate, or if you have a negative experience with any other user or third party in relation to our Sites or Services. We may, at our absolute discretion, investigate the matter and take such steps as we consider appropriate in the circumstances.

3.4. Intellectual property and your use of content

The contents of our Sites and Services (including information, trade marks, directories, text, images, videos, sounds and underlying software) are protected by intellectual property rights of us and our licensors. We grant you a non-exclusive and revocable licence to view and use such content for the purpose of enjoying the benefit of the Services.

You may not copy, modify, distribute or commercially exploit any content (other than content provided by you) in any form or in any media, except that you may retrieve and display content on your computer and print and/or store one copy of individual pages for your internal, personal use.

4.0 Intellectual property and our use of content

You agree that we may use the content which you provide, and, where relevant, trade marks relating to your trade or business, for the purposes of operating and maintaining the Site and the Services. You acknowledge that your content may be published and made available to other users of our Sites and Services, and modified to make it suitable for our Sites. We may also use your content for the purposes set out in clause 8 below.

You grant and agree to grant us a perpetual and irrevocable worldwide licence to use your content for these purposes (including the right to sub-license to our service providers, and to other users in accordance with clause 3.4 above).

Whilst we seek to ensure all users agree to these terms, we are not responsible for the use or misuse of your content by other users or third parties and you agree not to hold us liable for any loss or damage incurred as a result of such use or misuse. We shall, however, at your expense, reasonably co-operate with you in enforcing our contractual terms against other users who have infringed your rights.

5. CONSEQUENCES OF BREACHING THESE TERMS

If you breach or we reasonably suspect that you are in breach of any of your obligations under these terms, we may immediately and without notice suspend your access to and use of the Sites and Services, or any part of the Sites and Services or content and/or (without prejudice to clause 11) remove any of your content. We may also terminate your access to the Sites and Services in accordance with clause 10 below. You will not be entitled to any compensation for any period of suspension other than in accordance with our refunds policy.

You agree to indemnify us and our representatives against all claims, loss or damage that we or they may incur as a result of a breach by you of your obligations under these terms, including any claims, losses or damage arising from inaccurate or unlawful content which you upload, provide or transmit.

6. TERMINATION OF YOUR ACCESS TO SITE AND SERVICES

Your and our rights to terminate

You may terminate your use of any Site and Services and request removal of your profile(s) at any time. As a registered user or a subscriber to any Service, you should give notice to us by email or in writing at least two weeks in advance of your proposed date for such termination and removal. This is to allow us time to remove your profile from the relevant Sites and disable your access rights and login details as required (although we shall use reasonable endeavours to do so sooner, if requested). Any such notice will take effect when received by us.

We may withdraw any Site or Service or terminate your access to and use of any Site or Service at any time and for any reason at our reasonable discretion. If you are a registered user and/or subscriber to any Service, and unless such termination is due to your material or persistent breach of these terms, we will use reasonable endeavours to give notice to you of any such termination.

7. CHANGES TO SITES, SERVICES AND THESE TERMS

We may, at any time and at our absolute discretion, make temporary or permanent changes, additions or deletions (together, “changes”) to or from:

  • the Sites and the Services (including to your or other content); and/or
  • these terms.

We shall use reasonable endeavours to notify our registered users and subscribers of material changes. It is also your responsibility refer to these terms on a regular basis.

By continuing to use the Sites and/or the Services after such changes, you agree to such changes. If you are not happy with any changes, you may terminate your use of the Sites and Services in accordance with clause 10.

The Sites and the Services (and any content) may also be unavailable for occasional periods for repair, maintenance or upgrading, or interruptions in the network or communications services provided to us. You agree not to hold us liable for any loss or damage caused by such occasional periods of unavailability.

8. OUR LIABILITY TO YOU

8.1. Liability for fraud, death and personal injury

Nothing in these terms shall exclude or limit our liability for fraud, or for death or personal injury caused by negligence or other liability which cannot lawfully be excluded.

8.2. Limitations on our liability

The provisions of this clause 12.2 are subject to clause 12.1 and shall have effect in addition to the other limitations of liability on specific issues set out in these terms.

Except as set out in these terms, all conditions, warranties and representations applicable to the provision of the Sites and the Services implied by statute or common law are excluded to the maximum extent permitted by law.

Neither we nor our representatives shall be liable to you for:

(a) any direct loss or damage; nor
(b) any consequential or indirect loss or damage,

arising in relation to the use or inability to use our Site or our Services (including any content), including any loss of business, job, job opportunity, customers, revenue, profit, contracts, data, software or reputation, or wasted time, whether caused by tort (including negligence), breach of contract or otherwise, and even if foreseeable.

Without prejudice to the other limitations of liability in these terms (including this clause 12), our total liability to you arising in relation to your use of the Site and/or the Services in any 12 month period shall be limited to amounts paid by you for the relevant Service during that period.

9. GENERAL TERMS

These terms are governed by the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction to hear any disputes arising from them.

We shall not be responsible for any failure or delay in performance of the Services or any of our obligations under these terms due to a cause beyond our reasonable control.

The headings in these terms are for ease of reference only.

Unless the context requires otherwise, in these terms and our privacy notice, the term “including” shall be interpreted to mean “including but not limited to”.

The provision of the Services shall not create any relationship of agent and principal between you and us and neither you nor we have any authority or power to bind or to contract in the name of the other party.

No provision of these terms is intended to be enforceable by any person other than you or us.

Failure by us or you to exercise any right or remedy under these terms does not constitute a waiver of that right or remedy.

You may not transfer, assign or sub-contract your rights or obligations under these terms to any third party without our prior written consent.

We may, without your consent:

  • sub-contract any of our obligations under this agreement to any third party; and
  • upon notice to you (if you are a registered user or subscriber) or without notice to you (if you are a visitor), transfer or assign all or any of our rights and/or obligations under these terms to any third party.

If any provision of these terms is found by any court or legal authority to be invalid, unenforceable or illegal, the other provisions shall remain in force and, to the extent possible, the provision shall be modified to ensure it is valid, enforceable and legal, whilst maintaining or giving effect to its commercial intention.

These terms, including any additional provisions incorporated by reference, constitute the entire agreement between you and us with respect to your access to and use of the Sites and Services and supersede all prior agreements, negotiations and discussions between you and us relating to the subject matter.

PART B – ADDITIONAL TERMS APPLICABLE TO SPECIFIC USERS

10. CANDIDATES

10.1. No guarantee of jobs

Without prejudice to clause 3.2, you acknowledge that the decision to offer you jobs or appointments rest with the casting agents and other employers and the availability of such jobs is affected by the state of the industry as a whole. We cannot guarantee you work nor that employers who view your profile will call you in for an audition or interview.

It is your responsibility to ensure that any job or appointment offered by employers is acceptable to you. We are unable to verify or provide any assurance relating to the nature or duration of, or payment for any such job or appointment.

15. EMPLOYERS

Casting professionals, film-makers and all other employers must ensure that their job postings and other content, and the terms of the job or role to which any posting relates, comply with all applicable laws, including those relating to minimum payments, non-discrimination, tax and employment.

It remains the responsibility of the Employer to ensure that candidates found through Model Castings have the licences necessary for completing work, and that DBS checks are conducted where necessary.

Without prejudice we may edit any job posting which you submit to make it appropriate for our Site.[/vc_column_text][/vc_column][/vc_row]