TERMS, LICENSES, AND CONDITIONS GOVERNING USE
OF SELECT CASTING'S WEBSITE AND SERVICES
(Last Modified: 10/24/24)
BY ACCESSING OR USING SELECT CASTING'S WEBSITE AND SERVICES (COLLECTIVELY, THE "SITE"), WHETHER AS A GUEST OR REGISTERED USER, YOU ACCEPT AND AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS OF USE ("TERMS”) AND OUR PRIVACY POLICY FOUND AT HTTPS://WWW.SELECTVO.COM/PAGE/PRIVACY-POLICY. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AN AUTHORIZED USER AND MUST IMMEDIATELY CEASE USING THE SITE.
1. Definitions
1.1 “Select Casting” refers to Select Casting LLC and any and all affiliates. "You" and "Your" refers to (a) a company or organization (each an “Entity”) accessing the Site, if use of the Site will be on behalf of such Entity; or (b) an individual accessing the Site, if use of the Site will not be on behalf of an Entity. “Services” refers to collectively, the products and services provided by Select Casting to You, including, without limitation, casting services for voice-over or on-camera work. “Site” refers to any and all web pages, downloadable and non-downloadable software, online services, web applications, all materials uploaded to and/or downloaded from www.select-casting.com in connection with using the Services, and all updates, error corrections, communications, revisions, notices and related documentation provided by Select Casting. “Agreement” means these Terms plus any documents these Terms incorporate by reference. “Party” refers to a party to this contract (You or Select Casting), and “Parties” refers to both parties to this agreement (You and Select Casting).
2. Usage
2.1 You represent and warrant that you are: (a) of legal age (18 years of age or older), and (b) have sufficient legal capacity to agree to these Terms, or, if you lack such capacity (for instance, you are a minor), that you have obtained parental or guardian consent to do so. If you are agreeing to these Terms on behalf of an Entity, you represent and warrant that you are authorized to agree to these Terms on that Entity’s behalf and bind them to these Terms. You represent and warrant that you have read, understood and agree to abide by these Terms and that you have read and understand the data collection and use practices set forth in the Privacy Policy. You acknowledge that you are not authorized to use the Site if you cannot make these representations.
3. Permitted Use & Limited License
3.1 By use and access of the Site and therefore acceptance to be bound by these Terms, Select Casting grants You a personal, nonexclusive, non transferable, limited license to use the Services. You shall not use the Site for any illegal purpose or in any manner inconsistent with these Terms. You acknowledge, represent and warrant that You must create Your own account and must not make the Site available in any manner to any third party, including Your employees, agents, and contractors. You acknowledge, represent and warrant that You are solely responsible for all activities undertaken by You in connection with use of the Site, including but not limited to activities undertaken by users who gain access to Your account. You are solely responsible for maintaining the security and privacy of Your account and password and you will indemnify, defend and hold Select Casting harmless for activities undertaken by any user of Your account. You acknowledge, represent and warrant that You may not transfer rights associated with these Terms. You acknowledge, represent and warrant that you cannot alter, copy, modify, decompile, disassemble, reverse engineer, duplicate the Site, or remove intellectual property notices or any notices from the Site. All rights not expressly granted in this Agreement are reserved by Select Casting.
4. Ownership
4.1 Intellectual Property. You acknowledge that the Site contains materials that are proprietary and protected by copyright laws, trademark laws, trade-secret laws, trade-dress laws, unfair competition laws, international treaty provisions, and other intellectual property laws and treaties. You acknowledge that all copyrights, trademarks, service marks, patents, trade-dress, designs, lay-outs, logos, taglines, and all other intellectual property or other proprietary rights of any type in and to the Site, and all modifications, enhancements, derivatives, copies, and alterations of the Site regardless of who made any modifications, if any, are, and shall remain the sole and exclusive property of Select Casting. The license for use granted herein does not transfer any ownership rights from Select Casting to You or any other intellectual property rights.
4.2 User Submissions. The Site may enable you to attach, submit, post, upload, or otherwise make available content on the Site ("User Content"). You acknowledge, represent and warrant that you grant Select Casting a nonexclusive, royalty-free right to access, view, use, reproduce, distribute and display this User Content for the sole purpose of providing the Services. You acknowledge, represent and warrant that you own or otherwise have the rights to the User Content and that use of the User Content does not violate these Terms or any applicable laws. You acknowledge, represent and warrant that Select Casting does not, nor is it obligated, to screen, verify, or ratify User Content, and that you assume sole responsibility for all risks associated with your selection and use of User Content and indemnify, defend and hold Select Casting harmless for any loss, harm or damage associated with your use of User Content. You acknowledge, represent, warrant and agree that Select Casting reserves the right in its sole discretion to delete, remove, reject, move, or edit any User Content.
5. Compliance with Laws
5.1 You agree to use the Site in compliance with all applicable state and federal laws and not to use the Site for any illegal purposes including without limitation uses that:
a) Violate anyone's right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
b) Are harmful, threatening, abusive, harassing, tortious, defamatory, pornographic, discriminatory, vulgar, profane, libelous, hate speech, violent or inciting violence, inflammatory, or otherwise objectionable;
c) Attempt to impersonate someone or that falsely states or conceals your affiliation with another person or entity or misrepresents your identity or affiliation with organizations or individuals in any way;
d) Enable the probing, scanning, or testing the vulnerability of the website or its infrastructure or enables the tampering, hacking, modifying, or any attempt to breach security or authentication measures;
e) Transmit material or electronic correspondence that contains viruses, Trojan horses, worms, or any other devices that intend to (or actually) damage or disrupt the website or its infrastructure;
f) Collect, store, access or otherwise obtain information about this site and any of its users in any way;
g) Cause the Site in any way to perpetuate spam;
h) "Hacks" information of another user or anyone else;
i) Facilitate any person(s) in engaging in any of the activities described above.
6. Relationship of the Parties
6.1 Nothing in this Agreement shall be construed as creating any obligation, expressed or implied, on behalf of Select Casting or You, or to represent the other party as agent, employee or in any other capacity. Nothing in this Agreement obliges the parties to enter into any further agreement(s) with each other.
7. Termination
7.1 This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically or otherwise cease to be effective without notice from Select Casting if You fail to comply with any term(s) of this Agreement. Upon the termination of this Agreement, You shall cease all use of the Site.
8. Third Party Software
8.1 The Site may contain or use third party software, code, or other copyrighted material (“Third Party Software”). Select Casting claims no, and has no, responsibility with respect to any Third Party Software.
9. Entire Agreement; Governing Law
9.1 This Agreement may not be modified by You and the rights and restrictions may not be altered or waived except in a writing signed by authorized representatives of Select Casting. If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective. No action, regardless of form, arising out of this Agreement may be brought by You more than one year after the cause of action has arisen. Select Casting shall have the right to collect from You its reasonable expenses incurred in enforcing this Agreement including internal costs and attorneys’ fees. Waiver or failure of Select Casting to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder. You may not assign, transfer or sublicense Your rights, duties or obligations under this Agreement, in whole or in part.
9.2 This Agreement is governed by the substantive and procedural laws of the State of California, USA, and You agree to submit to the exclusive jurisdiction of, and venue in, the state and federal courts of Los Angeles County, California in any dispute arising out of or relating to this Agreement. This Agreement incorporates by reference the privacy policy and terms of service found on the Select Casting websites.
10. No Warranty / Indemnity
10.1 Disclaimer
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND ANY MATERIALS OR INFORMATION PROVIDED IS AT YOUR SOLE RISK ON AN "AS IS" AND "AS AVAILABLE" BASIS. SELECT CASTING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SELECT CASTING MAKES NO WARRANTY ON ITS SERVICE, OR REGARDING ANY SERVICES OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. SELECT CASTING MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. SELECT CASTING MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. SELECT CASTING ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE ANY DATA OR OTHER INFORMATION PROVIDED BY YOU ON THE SERVICE.
10.2 Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SELECT CASTING, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10.3 Indemnity. You agree to indemnify, defend, and hold harmless Select Casting, its directors, officers, employees, and agents from and against all losses, expenses, damages, and costs, including reasonable attorney fees, arising out of or relating to use of the Site by You or any other person accessing the Site using Your user name and password. You agree that regardless of any statute, regulation, or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose otherwise You shall be forever barred. If You misuse the Site or services, You also agree to indemnify, defend and hold harmless Select Casting for claims and damages incurred to it and/or third parties. You are solely responsible for defending any claim, and for payment of damages or losses resulting from the foregoing.
