TERMS OF US

Real Casting, LLC (“Real Casting”) has created the www.realcasting.com website (the “Site”) as a means through which Real Casting attempts to connect representatives and/or agents of casting entities, including, but not limited to, casting directors, casting associates and/or casting producers ("Casting Professionals") with real individuals (non-actors) who are members of the realcasting.com website (“Members”) and who are interested in being cast in TV / Internet Commercials, reality shows, documentaries, films, experiential, game show and talk show entertainment genre, and any other similar production (“Productions”). The services offered by Real Casting through and in conjunction with the Site are hereinafter referred to as “Casting Services.” Site

 

The www.realcasting.com website is owned and operated by Real Casting LLC. Any visitor to, and/or Member, Casting Professional, or other user of realcasting.com (each a “User”) agrees to be legally bound by the Terms and Conditions of Use (“Terms of Use”) and the Privacy Policy of Real Casting and further agrees to comply with all of the policies and procedures that govern the use of Real Casting.

 

From time to time Real Casting, its owners, shareholders, LLC members, officers, directors, operators, employees, contractors, affiliates, subsidiaries, assigns, representatives, agents, sponsors, and/or licensors may, in their sole and absolute discretion, amend these Terms of Use and the Privacy Policy. It is the sole responsibility of the User to periodically review the most up-to-date version of Real Casting’s Terms of Use and Privacy Policy. User agrees to be bound by future amendments and modifications to Real Casting’s Terms of Use and/or Privacy Policy. If, at any time, either the Terms of Use and/or the Privacy Policy become objectionable to the User, and User no longer agrees thereto, User will immediately cease use of Real Casting and terminate any and all of User’s Real Casting accounts.

 

Real Casting reserves the right, at any time and without justification, to change, suspend or discontinue any of the services it offers.

 

 

Registration

If any individual seeks benefit or use of the Casting Services provided by Real Casting, such individual must first formally register with the Real Casting website and create either a Member User Account (“Member Account”) or a Casting Profesional User Account (“Casting Account”). Collectively, the Member Account and the Casting Professional User Account are referred to herein as a “User Account.” Casting Professionals and Members (collectively referred to herein as “Users”) acknowledge his, her, or its understanding that use of the Real Casting website represents his, her or its agreement to be bound by Real Casting’s Terms of Use and Privacy Policy, as they may be amended or modified from time to time.

 

Use of Real Casting by individuals under the age of 18 is strictly prohibited. By use of the Site and via the registration process, User represents that User has reached the age of majority (i.e., is no less than 18 years of age) at the time of registration with Real Casting. Upon completion of the Site’s registration process, User will be permitted complete access to components of the Real Casting Site that are not accessible to the general public.

 

Criteria for registration are set forth on the Real Casting website. Such criteria are subject to modification without notice.

 

User registration with Real Casting is non-transferable and non-assignable to any third party. Account-sharing, or use of one (1) User Account by more than one (1) individual, is strictly prohibited by Real Casting. Failure to comply with the foregoing shall result in immediate termination of all applicable User Accounts without any liability (financial or otherwise) to Real Casting.

 

User represents that all information provided to Real Casting by User is true and correct. User shall amend, update and/or remove all information provided to Real Casting by User, as appropriate, to maintain the truthfulness and accuracy of all information provided to and/or posted on the Real Casting Site. User understands that he or she may be held liable for any loss, claims or damages incurred by Real Casting or any third party resulting from false or inaccurate information provided to Real Casting.

 

Real Casting expressly reserves the right to terminate, in its absolute and sole discretion, any registration and/or any User Account, for any reason whatsoever (or no reason at all) and at any time without prior notice, as Real Casting may deem appropriate.

 

Passwords

User is solely responsible for maintaining confidentiality with respect to all User Account login and password information. User is the sole responsible party for activity occurring on his or her account, and User is responsible for not disclosing account passwords to any third party.

 

In the event of a breach of security due to User’s negligent, reckless or intentional acts or omissions, User will be liable for unauthorized use and any losses or damages incurred by Real Casting or any third party.

 

Upon discovery of unauthorized use of a Member Account or Casting Account, User will immediately notify Real Casting at support@realcasting.com . Although Real Casting uses commercially reasonable efforts to maintain industry standard policies, practices, architecture, processes and procedures with respect to access and security relating to the Real Casting website, User understands and expressly assumes the risk that unauthorized access, intrusion and/or manipulation of data (including, but not limited to, hacking) can and does occur with respect to Internet commercial websites, such as the Real Casting website, and User understands and acknowledges that Real Casting is not responsible for losses or damages incurred by User resulting from any unauthorized access to or use of User’s account.

 

Content

All materials published on the Real Casting Site by Real Casting(including, but not limited to, graphics, logos, images, photographs, illustrations, written materials, audio/video clips, and artwork) (“Content”) are protected by copyright laws and other intellectual property laws. Unauthorized use of such Content is strictly prohibited.

 

User is solely responsible for the content that User publishes or displays (“posts” and its derivatives, such as “posted” or “posting”) on the Site , as well as any content transmitted to any third party (whether or not such transmission occurred by way of the Site).

 

All content submitted by User, (“User Submission(s)”) is subject to the following.

 

  1. User represents that:

 

  1. such User Submission is the original work of User and that such User Submission is not, in whole or in part, copyrighted, trademarked, patented, protected by trade secret or otherwise subject to any third party intellectual proprietary right, including privacy and publicity rights, and is free and clear of any claims or encumbrances;

 

  1. User is the sole and exclusive holder of any copyright, trademark, patent, trade secret and/or other intellectual property right, including any privacy and/or publicity right, in the User Submission; and

 

            iii. Otherwise, User has obtained permission from the rightful holder of any copyright, trademark, patent, trade secret and/or other intellectual property right, including privacy and publicity rights, to upload and post such User Submission on the Site.

 

  1. With respect to any User Submission described in Section A.i, or A.ii, above:

 

  1. User hereby grants Real Casting, its owners, shareholders, LLC members, officers, directors, operators, employees, contractors, agents, representatives, affiliates, subsidiaries, assigns, sponsors, and/or licensors a non-exclusive, royalty-free, worldwide, perpetual, transferable license to use, reproduce, modify, edit, distribute, create derivative works of, sublicense, publicly display and/or broadcast all associated Content in any media formats and through any media channels (including, but not limited to, Internet, film, television, gaming, radio, publications, literature and digital media); and

 

  1. User hereby further grants to each Real Casting visitor and/or user, a non-exclusive, royalty-free, worldwide, perpetual, license to view User Submissions posted by User to the Real Casting Site.

 

            iii. By submitting any User Submission to Real Casting, User hereby waives any privacy expectations User may have with respect to any such User Submission.

 

  1. With respect to any User Submission described in Section A.iii, above:

 

  1. User represents that all persons or entities in whom any copyright, trademark, patent, trade secret and/or other intellectual property right, including any privacy and/or publicity right, is vested have authorized User to grant, and User hereby grants, Real Casting, its owners, shareholders, LLC members, officers, directors, operators, employees, contractors, agents, representatives, affiliates, subsidiaries, assigns, sponsors, and/or licensors a non-exclusive, royalty-free, worldwide, perpetual, transferable license to use, reproduce, modify, edit, distribute, create derivative works of, sublicense, publicly display and/or broadcast all associated Content in any media formats and through any media channels (including, but not limited to, Internet, film, television, gaming, publications, literature and digital media); and

 

  1. User further represents that all persons or entities in whom any copyright, trademark, patent, trade secret and/or other intellectual property right, including any privacy and/or publicity right, is vested have authorized User to grant, and User hereby further grants, each Real Casting visitor and/or user, a non-exclusive, royalty-free, worldwide, perpetual, license to view User Submissions posted by User to the Real Casting Site.

 

  1. By posting information or otherwise using any communications service, message board or any interactive service made available by this Site, User agrees that User will not upload, post or distribute anything that is prohibited by Real Casting (including text, photographs, video, audio or any other forms of communication).

 

  1. E. The following content (whether via User Submission or otherwise) is strictly prohibited:

 

  1. i. Unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, sexually oriented, offensive, lewd, lascivious, or derisive content.
  2. ii. Content that harasses, degrades or intimidates an individual or group of individuals biased on religion, gender, sexual orientation, race, ethnicity, age or disability.

            iii. Content that is invasive of another’s right to privacy.

  1. iv. Content that infringes another’s right to publicity.
  2. v. Content that contains nudity, explicit, obscene, graphic, lewd, lascivious or pornographic images, descriptions or accounts of sexual a nature.
  3. vi. Offensive language, including, but not limited to, offensive anatomical references, or offensive sexual references.

            vii. Content that is considered by the average or typical Internet user to be junk-mail or bulk-mail, as well as unauthorized or unsolicited advertising, chain letters, or any other form of unauthorized solicitation or promotion.

            viii. Content using false email addresses or any fraudulent activity.

  1. ix. Content that is created to impersonate any person or entity, including any employee, representative or other visitor to and/or user of Real Casting.
  2. x. Content that infringes the copyright or other intellectual property right of any individual or entity.
  3. xi. Content that contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage or limit the functionality of any software, hardware or telecommunications equipment, or are designed to damage or obtain unauthorized access to any personal data or other information of any third party.

 

  1. Real Casting reserves the right, in its sole and absolute discretion, to reject and/or remove User Submissions (in whole or in part) at any time without prior notice to User, for any reason whatsoever.

 

  1. Real Casting reserves the right, in its sole and absolute discretion, to terminate User’s account at any time and without prior notice in the event of copyright infringement or infringement of any other intellectual property right by User.

 

  1. Real Casting, its owners, shareholders, LLC members, officers, directors, operators, employees, contractors, agents, representatives, affiliates, subsidiaries, assigns, sponsors, and/or licensors expressly disclaim any and all liability in connection with User Submissions. It is the policy of

 

Real Casting not to permit copyright infringing activities or infringement of any other intellectual property right on its Site. Any and all Content and/or User Submissions that infringe on another's intellectual property rights will be removed by Real Casting upon proper notification to Real Casting.

 

  1. Pursuant to the Digital Millennium Copyright Act (DMCA) (See 17 U.S.C. 512), copyright owners and/or their agents who believe that Content on the Real Casting Site infringes their copyright or any other intellectual property right, may submit notification of the suspected infringement to Real Casting, and must do so in accordance with the requirements of the Digital Millennium Copyright Act. Failure to comply with the requirements of the DMCA will result in a failure of notice for the purposes of the statute.

 

Voting

Real Casting LLC may from time to time equip the Site and/or other websites with a voting feature that would enable certain Users to showcase themselves online in such a way as to request and possibly receive popularity votes (“Vote(s)”) by other Users. Real Casting LLC does not represent, warrant, covenant or guarantee that User will receive any Votes. Regardless as to how many Votes are cast for or by a User, User’s participation in this feature in no way guarantees, provides or otherwise confers any benefits, privileges or prizes to User or any other party. For the sake of clarity, Real Casting does not represent, warrant, covenant or commit that Vote(s) cast by or in favor of User will result in User being chosen for a role or position with respect to any show or project.

 

While it is possible that greater numbers of Votes for User increase the likelihood that User’s profile will appear online in front of Casting Professionals who visit Real Casting, Real Casting LLC does not guarantee, represent or warrant that Votes will not be manipulated by other Users. Additionally, Real Casting LLC does not guarantee, represent or warrant that any benefits, privileges or prizes offered by any Casting Professionals or any other third parties will actually be awarded, provided or delivered, and Real Casting shall not be responsible for any representations, acts or omissions by any third parties.

 

The profiles of paying Users will appear online in front of Casting Professionals in priority and earlier relative the profiles of non-paying Users, regardless as to the number of Votes received or cast by a User.

 

Conduct

 

By visiting and/or using the Real Casting Site, User represents his or her agreement to the Terms of Use, Privacy Policy, and any other policy governing use of Real Casting’s Casting Services.

 

User consents to receiving emails from Real Casting, for any and all purposes Real Casting may deem necessary and appropriate, including, but not limited to, emails sent for promotional and/or informational purposes.

 

User is solely responsible for interactions with other visitors to and/or users of Real Casting. Real Casting reserves the right, but has no obligation, to monitor interactions and/or mediate disputes arising between User and any other visitor to and/or user of Real Casting.

 

Strictly Prohibited Conduct

Certain conduct is strictly prohibited with respect to the Real Casting Site. User represents that User will not to engage in conduct strictly prohibited by Real Casting.

 

In addition to the prohibitions set forth above related to prohibited content and/or User Submissions, the following conduct is strictly prohibited:

 

  1. Use of the Real Casting Site by any individual under the age of 18 is strictly prohibited.
  2. Knowingly or intentionally soliciting, collecting, receiving, storing, sending, transmitting or posting personal information of anyone under the age of 18 years old.
  3. The Real Casting Site is not intended for use by anyone under the age of 18.
  4. Users are required to verify age when registering and prior to obtaining access to the Real Casting Site.
  5. No one shall create an account for an individual under the age of 18.
  6. No individual shall create an account for anyone other than himself or herself.
  7. User will not create multiple accounts.
  8. Account-sharing, use of one (1) User Account by more than one (1) visitor to and/or user of the Real Casting Site, is strictly prohibited.
  9. User will not use vulgar, offensive or inappropriate language in the creation and/or posting of any information with respect to the Real Casting Site (including, but not limited to, creation of a screen name, creation of any information with respect to User’s profile, posting a comment on a member page, and/or posting a comment on a story).
  10. User will not impersonate Real Casting or attempt to make any third party believe that User is an employee, contractor, agent or representative of Real Casting, for any purpose, in any way, including, but not limited to, making false or misleading statements or making use of the Real Casting name, trademark or logo.
  11. User will not create and/or post any false or misleading information with respect to any casting calls or casting opportunities (including, but not limited to, false, fraudulent and/or frivolous casting calls). The forgoing shall be effective without regard to User’s specific status as a Member User, a Casting Professional User, or otherwise.
  12. User will not republish, in any way, shape or form, the written proprietary information of Real Casting without the prior, express, written consent of Real Casting.
  13. User will not distribute, disclose or otherwise share the personal information of any visitor to and/or user of Real Casting User to any third party.
  14. User will not reproduce, distribute, transmit, broadcast, sell, display publicly, attempt to license or exploit in any manner any of the Content and/or User Submissions posted on the Real Casting Site by other visitors to and/or users of the Site.
  15. Such unauthorized use may subject User to legal action and/or federal criminal liability.
  16. User understands that all Content on the Real Casting Site, including Content deriving from a User Submission, is either owned by or licensed to Real Casting and is subject to, and protected by, copyright and other intellectual property rights.
  17. User will not make use of any automatic or manual device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure of Real Casting and its contents.
  18. User will not interfere with or attempt to disrupt the service of Real Casting, in any way.
  19. User will not use the Real Casting Site for any purposes that are competitive with Real Casting, nor in any manner inconsistent with the purposes and interests of Real Casting.
  20. User will not otherwise violate Real Casting’s Terms of Use.

 

Consequences of Engaging in Prohibited Conduct

 

Engaging in any conduct prohibited by the Terms of Use may result in the termination of the Member Account or Casting Account of the User engaging in prohibited conduct.

 

Additionally, if User violates the Terms of Use or engages in any prohibited conduct, Real Casting reserves the right to:

 

  • limit User’s activities and/or access with respect to the Real Casting Site,
  • remove User’s profile,
  • issue a warning to User,
  • suspend or terminate User’s membership/registration,
  • pursue legal and/or equitable remedies by filing a claim against User and pursuing such claim through a formal litigation, and/or
  • refuse to provide services to User.

While Real Casting is under no obligation to police the Site, Real Casting will make commercially reasonable efforts to attempt to remove or deal with any parties that are in violation of our policies. To report any prohibited conduct please notify us immediately at support@realcasting.com or telephone our office at 310.XXX.XXXX

 

Termination of User Accounts

Real Casting expressly reserves the right to terminate, in its absolute and sole discretion, any registration and/or any User Account, for any reason whatsoever and at any time without prior notice, as it may deem appropriate.

 

THE SHARING, OR USE OF ANY ACCOUNT, BY MORE THAN ONE USER IS CONDUCT STRICTLY PROHIBITED BY THE TERMS OF USE OF REAL CASTING. EACH USER MUST REGISTER AND OBTAIN A PERSONAL LOGIN AND PASSWORD. USE OF ANY ACCOUNT BY MORE THAN ONE USER WILL RESULT IN TERMINATION OF THAT ACCOUNT, AND USER WILL BE BARRED FROM FUTURE USE OF REAL CASTING.

 

User Membership

 

Real Casting offers Basic Service and Premium Service to Members. Basic Service provides certain features. Premium Service offers additional features not available with registration as a basic member. Upgrading from Basic Service to Premium Service is optional, and entirely in the discretion of User. Real Casting reserves the right to change this policy at any time without notice. At no time will fees be applied without notice to and acceptance by our members.

 

Membership Purchase:

All purchases are subject to the following terms and conditions:

  1. All purchases are final.
  2. No refunds will be given for unused portion(s) of User’s subscription period.
  3. User hereby agrees that subscription privileges are non-refundable in the event that User chooses to suspend or cancel his or her membership.
  4. No refund will be given in the event of termination of User’s membership due to any violation of the Terms of Use or engagement in any prohibited conduct. In that respect, User hereby agrees that offensive behavior towards other visitors to and/or users of the Real Casting Site or use of foul language in any way relating to the Real Casting Site (including, but not limited to, emails or User’s profile) will constitute sufficient grounds for such termination of User’s membership by Real Casting.
  5. User understands and agrees that Real Casting will renew User’s subscription, automatically, every month, at the stated renewal rate, until such time as User instructs Real Casting to cease such renewals.
  6. Real Casting does not guarantee a response from any Casting Professional nor does Real Casting make any other promises or warranties of any kind.

 

Rates for Member Users:

 

Initial Term            Initial Cost            Monthly/Bi Annual/Annual Auto Renewal Rate(s)*

Basic Membership:            Free to Join ($.99 to submit for a job)

1 Month                        $7.99 for a premium membership

6 Months                                 $34.99 for a premium six months membership

12 Month                         $49.99 for a premium year membership

 

(All memberships are recurring and automatically billed to the subscribers credit card on file. Memberships may be cancelled anytime by the user but logging in, clicking MY ACCOUNT and picking the appropriate action.)

 

* Monthly Renewal Rate is subject to change with notice.

 

Use of Registration Data

 

Registration Data is used by Real Casting in strict adherence to Real Casting’s Privacy Policy. For information on such use, please refer to the Privacy Policy.

 

Change in Ownership

In the event that Real Casting is sold, or ownership of Real Casting is transferred, to another entity (including, but not limited to, sale or transfer to a marketing organization), all User information maintained by Real Casting, including personal data and aggregated data, will be transferred to the new owners of Real Casting, and User will be notified accordingly. Such new owners shall have the same rights and remain under the same obligations as those set forth above. Neither Real Casting LLC nor Real Casting shall be liable for the actions or omissions of such new owners from and after the date of any such sale and/or transfer.

 

Real Casting LLC shall have the right to assign any of the rights granted herein, in whole or in part, to any person, firm, corporation or entity, and nothing contained herein shall imply anything to the contrary. Upon the assignee’s assumption of the obligations of Real Casting LLC with respect to the rights so assigned, Real Casting LLC shall be relieved of all such obligations.

 

 

 

User may not assign User’s rights or obligations hereunder.

 

 

 

 

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Notices

 

 

Use of the Real Casting Site shall be at the sole risk of User.

REAL CASTING EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS OR OMISSIONS OF OTHER VISITORS TO AND/OR USERS OF THE SITE (INCLUDING UNAUTHORIZED INDIVIDUALS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING VISITATION TO THE SITE, USE OF THE SITE OR OTHERWISE.

 

User understands that Real Casting is not responsible and has no liability for any deletion or corruption of Content or User Submissions, nor of failure to store any Content or User Submissions, including, but not limited to, messages and communications between User and other visitors to and/or users of the Site that are maintained or transmitted by Real Casting.

 

 

Real Casting may change or cease Real Casting’s offering of any of the services it provides, for any reason whatsoever, as it deems appropriate, in the sole and absolute discretion of Real Casting.

 

User understands that Real Casting receives content and User Submissions from a variety of sources and that use of the Real Casting Site could result in the unintentional or inadvertent exposure of User Submissions that are offensive. User further understands that some content found on the Real Casting Site may be offensive, disturbing, indecent or objectionable to User. User agrees to waive, and hereby does waive, any legal or equitable rights and/or remedies that User has or may have against Real Casting, its owners, shareholders, LLC members, officers, directors, operators, employees, contractors, agents, representatives, affiliates, subsidiaries, assigns, sponsors, and/or licensors with respect thereto.

 

User understands and acknowledges that Real Casting is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any content (including, but not limited to, the User Submissions) on the Real Casting Site. User agrees to waive, and hereby does waive, any legal or equitable rights and/or remedies User has or may have against Real Casting, its owners, shareholders, LLC members, officers, directors, operators, employees, contractors, agents, representatives, affiliates, subsidiaries, assigns, sponsors, and/or licensors with respect thereto.

 

Real Casting, its owners, shareholders, LLC members, officers, directors, operators, employees, contractors, agents, representatives, affiliates, subsidiaries, assigns, sponsors, and licensors assume no liability or responsibility for:

  1. any errors, omissions, mistakes or inaccuracies relating to any content (including, but not limited to, User Submissions);
  2. personal injury or property damage of any nature whatsoever that may result from visitation to or use of the Real Casting Site;
  3. unauthorized access to or use of the servers and/or personal information of User;
  4. any bugs, viruses, “Trojan Horses,” or the like that may be transmitted by any third party through the Real Casting Site; and/or
  5. any loss or damage of any kind resulting from visitation to or use of the Real Casting Site or the content (including, but not limited to, User Submissions) posted thereon.

 

The Real Casting Site may contain links to third party Sites. It is the sole responsibility of User to be aware as to when User is leaving the Real Casting Site and entering a third party Site, and to be further aware of any third party Site’s terms and conditions of use. Real Casting accepts no responsibility for any loss or damages incurred during or as a result of the use of any third party Site or the materials or contents thereof.

 

Opinions, advice, statements, offers or other information or content (including User Submissions) made available through Real Casting, but not directly by Real Casting, are those of their respective authors. Such opinions, advice, statements, offers or other information or content should not necessarily be relied upon. Such authors are solely responsible for such content.

 

REAL CASTING DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SITE. REAL CASTING DOES NOT ADOPT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY ANY THIRD PARTY, AND REAL CASTING IS NOT RESPONSIBLE FOR ANY OPINION, ADVICE OR STATEMENT MADE BY ANY THIRD PARTY.

 

UNDER NO CIRCUMSTANCES IS REAL CASTING RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY RELIANCE ON INFORMATION OR OTHER CONTENT POSTED OR TRANSMITTED TO MEMBERS BY ANY ENTITY OTHER THAN REAL CASTING.

 

IF REAL CASTING CONDUCTS AND/OR POSTS AN INTERVIEW OF USER, USER SHALL BE OBLIGATED TO MODIFY AND CORRECT ANY AND ALL INFORMATION THAT REAL CASTING SHARES WITH USER PRIOR TO SUCH POSTING SO AS TO ENSURE THE TRUTHFULNESS AND ACCURACY OF SUCH INFORMATION. IF USER FAILS TO MAKE SUCH MODIFICATIONS AND CORRECTIONS WITHIN THE DESIGNATED TIMEFRAME, REAL CASTING SHALL NOT BE LIABLE FOR ANY LOSS, CLAIMS OR DAMAGES ASSOCIATED WITH SUCH INFORMATION (INCLUDING, BUT NOT LIMITED TO, THE POSTING THEREOF).

 

REAL CASTING RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE SITE. REAL CASTING SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN OUR SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THESE TERMS OF USE. NOTWITHSTANDING THIS RIGHT, USER REMAINS SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS USER POSTS.

 

IN THE EVENT OF ANY NOTIFICATION TO REAL CASTING OF POSSIBLE ILLEGAL ACTIVITY OR ANY ACTIVITY POTENTIALLY DANGEROUS TO OUR USERS, EMAILS SENT BETWEEN USER AND THIRD PARTIES THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC MAY BE REVIEWED BY REAL CASTING FOR COMPLIANCE WITH THESE TERMS OF USE. NOT WITHSTANDING THE DISCOVERY OF ILLEGAL OR POTENTIALLY ILLEGAL ACTIVITY, SUCH COMMUNICATION WILL BE TREATED BY REAL CASTING AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW.

 

ALTHOUGH ATTEMPTS ARE MADE TO VERIFY THE IDENTITY OF CASTING AGENTS REGISTERING WITH REAL CASTING, REAL CASTING DOES NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN USERS REGISTERING WITH REAL CASTING.

 

REAL CASTING WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, INCLUDING BY NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF THE USE OF THIS SITE AND/OR REAL CASTINGS CASTING SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF USER COMMUNICATIONS WITH AND/OR INTERACTIONS WITH ANY OTHER VISITOR, MEMBER, CASTING PROFESSION AND/OR USER OF THE SITE, OR ANY INDIVIDUAL USER OTHERWISE MEETS VIA THE SITE.

 

Indemnity

 

 

User agrees to defend, indemnify and hold harmless Real Casting, its owners, shareholders, LLC members, officers, operators, employees, contractors, agents, representatives, affiliates, subsidiaries, assigns, sponsors, and/or licensors, to the fullest extent allowed by law regarding all matters related to any claims, losses, damage or other forms of liability arising from, relating to, or otherwise associated with User’s use of the Site.

 

This indemnity shall be applicable without regard to the negligence of Real Casting and/or any person or entity acting on its behalf.

 

Release

 

In the event of a dispute between User and any other individual visiting and/or making use of the Real Casting Site, User releases Real Casting, its owners, shareholders, LLC members, officers, operators, employees, contractors, agents, representatives, affiliates, subsidiaries, assigns, sponsors, and/or licensors, from liability for any claims, losses, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected to such a dispute.

 

Warranties and Disclaimers

 

 

Real Casting cannot and does not guarantee that anyone (including, but not limited to, any Member) will receive an offer to appear in any Production(s) or otherwise participate in any type of production, project or initiative in the entertainment industry. Decisions regarding the selection of individuals for casting (including, but not limited to, the selection of any Member) are made solely by Casting Professionals and the production companies or studios on whose behalf they perform their services. Real Casting does not have any dealings or associations with agents that use the Site or post casting notices, nor with any production companies or studios, and therefore has no influence, effect or impact on the outcome of casting calls.

 

Although Real Casting makes every attempt to verify the accuracy and validity of information provided to it by all Users of the Site, Real Casting cannot and does not guarantee the accuracy of the data provided by Users.

 

USER AGREES THAT USE OF THE REAL CASTING SITE IS AT USER’S OWN RISK. THE REAL CASTING SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. INABILITY TO USE THE SITE CANNOT BE USED AS A BASIS FOR LIABILITY FOR DIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM USER’S INABILITY TO USE THE SITE.

 

REAL CASTING MAKES NO GUARANTEES THAT THE REAL CASTING SITE WILL BE UNINTERRUPTED OR ERROR FREE. REAL CASTING, IN NO WAY, GUARANTEES THAT ANY INFORMATION FROM THE SITE IS IN ANY WAY RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS OBTAINED BY OR THROUGH THE SITE WILL MEET USER’S EXPECTATIONS.

 

ANY MATERIALS DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THIS SITE ARE DONE SO AT USER’S OWN RISK. USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE THAT MAY OCCUR TO USER’S COMPUTER AND ACCESSORIES WHILE OR AS A RESULT OF USING THIS SITE OR ANY MATERIAL DOWNLOADED FROM THIS SITE.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT REAL CASTING, ITS OWNERS, SHAREHOLDERS, LLC MEMBERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, SPONSORS, LICENSEES OR CONTENT PROVIDERS PROVIDE SHALL BE USED AS A BASIS FOR LIABILITY FOR DIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM USER’S RELIANCE ON SUCH ADVICE OR INFORMATION.

 

OTHER THAN AS EXPRESSLY SET FORTH HEREIN, REAL CASTING EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

 

Dispute Resolution

 

 

These Terms of Use are governed by the laws of the State of Texas without regard to its conflict of law provisions.

 

D

isputes between User and Real Casting (and/or Real Casting LLC) shall be subject to a binding arbitration in accordance with the rules of the American Arbitration Association, and all such arbitration shall take place in Austin, Texas

 

The only circumstance in which disputes shall not be subject to the foregoing paragraph is where Real Casting and/or Real Casting LLC makes a good faith determination that a breach of the Terms of Use by User is such that a temporary restraining order or other injunctive relief is the only appropriate and adequate remedy. User agrees to personal jurisdiction by, and exclusive venue in, the state and federal courts of the State of Texas, in the City of Austin, with regard to any and all such claims by User Real Casting and/or Real Casting LLC.

 

 

Contact Information

 

 

Real Casting prides itself on being accessible to our Members and Casting Professionals that use the Site. Please contact us with any questions or concerns either by email (support@realcasting.com) or by using the telephone numbers provided. Real Casting PO BOX 150844, Austin, Texas 78715. 310.XXX.XXXX

 

 

Headings

 

 

The headings in the Terms of Use and all related policies (including, but not limited to, the Privacy Policy) are for convenience and reference only and shall in no way alter or otherwise affect the plain interpretation of the meaning of the words set forth therein.

 

Authorization, Consent and Agreement

 

 

I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AND UNDERSTAND THAT USE OF THIS SITE SIGNIFIES MY AGREEMENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS AS WELL AS THE REAL CASTING PRIVACY POLICY.

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