VILLAGE CASTING, INC.
This Agreement is effective as of February 2013.
If you have any questions, complaints or comments concerning the website, you can contact Village Casting using the following email address email@example.com
Village Casting provides a place for Users to read content and general information and, only upon request of Village Casting, allows Users to submit, share and provide information (including, without limitation, casting material and applications). Village Casting also grants you permission to use the website as set forth in this Agreement, provided that: (i) you will not copy, distribute, or disclose any part of the website in any medium; (ii) you will not alter or modify any part of the website; and (iii) you will otherwise comply with the terms and conditions of this Agreement.
You do not have to register in order to visit the website. To access certain features of the website, though, including any casting features, you may need to register with Village Casting and create a “Member” account. Your account gives you access to the services and functionality that Village Casting may establish and maintain from time to time and in Village Casting’s sole discretion.
You may never use another Member’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you agree to keep your user ID and account password confidential and secure at all times. You must notify Village Casting immediately of any breach of security or unauthorized use of your account. Although Village Casting will not be liable for your losses caused by any unauthorized use of your account or loss of your user ID or password, you shall be liable for the losses of Village Casting or others due to such unauthorized use.
Where available, you may use your account settings (“Account Settings”) to control your member profile (“Member Profile”). By providing Village Casting o your email address, you consent to Village Casting using the email address to send you feature-related notices, including any notices required by law, in lieu of communication by postal mail. You may not opt out of these e-mails. Village Casting may also use your email address to send you other messages, including changes to features of the website and special offers, and with your consent, Village Casting may provide your email address to third parties for direct marketing purposes.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the website in a manner that sends more request messages to the Village Casting servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser.
Village Casting may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the website without notice and liability, if, in Village Casting’s sole determination, you violate any of the Agreement, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the website; (ii) taking any action that imposes, or may impose at Village Casting’s sole discretion an unreasonable or disproportionately large load on Village Casting’s infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the website; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the website; (vi) the sending of prohibited Casting Content (as defined below), (vii) deep-linking to any aspect of the website without the prior written consent of Village Casting; or (viii) bypassing the measures Village Casting may use to prevent or restrict access to the website. Upon termination for any reason, you continue to be bound by this Agreement.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. If you are a resident in a jurisdiction which recognizes moral rights in certain works, to the extent permitted by law of that jurisdiction, you agree to waive your moral rights in any Casting Content (as defined below) submitted via the website.
All Intellectual Property Rights in the website and all material or content made available by Village Casting by means of the website remains at all times the property of Village Casting or the property of Village Casting’s licensors. Any names, images and logos identifying Village Casting, Village Casting’s partners or third parties, including, without limitation, Village Casting’s distributors and brand sponsors, and Village Casting’s or their products and services available through the website are proprietary marks and may not be reproduced or otherwise used without express, written permission. Nothing contained in this Agreement shall be construed as a grant of any license from Village Casting or any conveyance, assignment or transfer of any right to use any trademark, patent, design right or copyright or other intellectual property right belonging to Village Casting or to any third party.
Third Party Content and Software
Where content, information, software, advertising and any other material or services are supplied by third parties, you acknowledge and agree that Village Casting may not control and may not purport to endorse such content, software or services in any way. All third party content, software or services that are made available through Village Casting’s website are offered in good faith but Village Casting does not (to the extent permitted by applicable law) accept any responsibility for the accuracy, reliability, timeliness, or otherwise of such content, software, advertising or other material or services or for the use, download and/or installation of such content, software, advertising or other material or services.
Where content, information, software, or other material or services are supplied by third parties, you may need a license from such third parties, and may need to agree to other terms, which will govern your relationship with such providers in relation to your use of such content, information, software, or other material or services. You should read those terms carefully and ensure that you are happy to be bound by them before you use any such content, information, software, or other material or services.
Village Casting does not accept or consider unsolicited creative materials, ideas or suggestions either via the website, email or any other means whatsoever. This is to avoid any misunderstandings if your ideas are similar to those Village Casting has developed or obtained independently.
The website may allow Users to participate in the casting process for third party content providers’ programming and the website and/or third party software may collect video and audio-visual content and/or other information associated with casting of any and all media programming (“Casting Content”). However, the fact that Users may submit Casting Content does not guarantee that they will be considered by Village Casting or that they will appear on a third party content provider’s program. Village Casting also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with Casting Content), city and state in connection with broadcast, print, online or other use or publication of your Casting Content. You are solely responsible for your Casting Content that you upload, publish, display, link to or otherwise make available (hereinafter, “send”) to Village Casting.
You agree not to send any Casting Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, or to any other person; (ii) may create a risk of any other loss or damage to any person or entity or property; (iii) may constitute or contribute to a crime or tort, including Casting Content that is libelous, defamatory, obscene, abusive, pornographic, threatening, an invasion of privacy, or an infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity; (iv) contains any information or content that Village Casting deems to be unlawful, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous or threatening; (v) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (vi) contains an advertisement or solicitation of funds, goods or services; (vii) contains any information or content that you know is not correct and current. You agree that any Casting Content that you send does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights, rights of publicity and privacy. Village Casting reserves the right, but is not obligated, to reject, remove, edit or reuse any Casting Content that Village Casting believes, in its sole discretion, violates these provisions.
Village Casting takes no responsibility and assumes no liability for any Casting Content that you or any other Users or third parties send. Village Casting has no control over whether such Casting Content is of a nature that may be unacceptable and, accordingly, Village Casting expressly disclaims any responsibility for Casting Content. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any Casting Content that you send, upload, download, stream, post, transmit, display, or otherwise make available to Village Casting, is solely your responsibility. Village Casting is not responsible for Village Casting’s display, use, misuse or loss of your Casting Content. You understand and acknowledge that Village Casting’s use of any Casting Content may be inaccurate, infringing, offensive, indecent, or objectionable, and you agree that neither Village Casting nor any of its affiliates or third party content providers shall be liable for any damages you, or anybody else, alleges to incur or actually incurs as a result of such Casting Content. Further, Users agree to hold free and clear of any liability and fully release Village Casting, its affiliates and third party content providers using such Casting Content from any and all claims of slander, libel, right of privacy, and right of publicity.
From time to time Village Casting, for casting purposes or otherwise, may make available the opportunity for certain users to participate in Video Chat. If you use this Video Chat function, you agree that any and all recordings (including, sound recordings) may be used for broadcast on the website or through any other form of media that Village Casting may determine in Village Casting’s sole discretion including, without limitation, for exhibition in and in connection with any third party content providers’ programming. To be considered for Video Chat, you must submit all the required information to Village Casting prior to the deadline.
Not all users will be offered an opportunity to participate in Video Chat. If you are chosen as a potential Video Chat participant, you will be contacted by an individual associated with the website. Without limiting the general applicability of these terms, your participation in Video Chat is subject to the restrictions set forth by Village Casting. Video Chat is conducted through a third party service and you are also subject to the specific terms, conditions and restrictions of such service with respect to any Video Chat.
By sending any Casting Content to Village Casting, you expressly grant, and you represent and warrant that you have the right to grant, to Village Casting, a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, incorporate into other works, and make derivative works of: (i) all such Casting Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with Village Casting, third party content providers’ programming or any other use whatsoever and; (ii) your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with Village Casting, third party content providers’ programming or any other use whatsoever. For the avoidance of doubt, when you submit Casting Content through the website or third party software, you acknowledge that third parties, with the permission of Village Casting, may use the Casting Content as described herein.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the website and any third party software that Village Casting makes available to you. Village Casting reserves all rights not expressly granted herein in and to the website and the Village Casting Content (as defined below). Village Casting may terminate this license at any time for any reason or no reason, without any liability of any nature whatsoever to you.
Village Casting’s Proprietary Rights
Except for Casting Content sent by you all materials appearing on the website therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, design elements and contents of the website and (including assembly and arrangement) (the “Village Casting Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Village Casting and its licensors. Nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights or a conveyance, assignment or transfer thereof, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the website. Use of the Village Casting Content or materials on the website for any purpose not expressly permitted by this Agreement is strictly prohibited.
Village Casting cares about the privacy of Village Casting’s Users. By using the website, you are consenting to have your personal data transferred to and processed throughout the world. By submitting Casting Content and/or any personal information on the website, you hereby waive any and all privacy expectations with respect to use of the Casting Content. If you choose not to have your content, picture, video, or any other profile information about yourself viewable by a global audience, you should not submit such information.
When you visit the website, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the website. A cookie does not collect personal information about you. The website may use both session cookies and persistent cookies. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the website may not function properly if the ability to accept cookies is disabled.
When you use the website, we may employ clear gifs (a.k.a. Web Beacons) which are used to track the online usage patterns of our users anonymously. No personally identifiable information is collected using these clear gifs. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make the website better for our users.
Additional Representations and Warranties
You shall be solely responsible for your own Casting Content and the consequences of sending it. In connection with Casting Content and use of the website (as applicable), you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, that you are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Third Party Websites and Channels, Advertisers or Services
You agree to defend, indemnify and hold harmless Village Casting and its subsidiaries, affiliates, agents, managers, licensees, assignees, designees, vendors, service providers, distributors, brand sponsors, and other third party partners, and each of their employees, contractors, agents, officers, directors, shareholders and representatives (all of the foregoing, including Village Casting, individually and collectively referred to herein as the “Village Casting Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the website, including any data, content or work transmitted or received by you; (ii) your violation of any term set forth in this Agreement, including without limitation, your breach of any of the representations, warranties and undertakings contained herein; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your Casting Content or any other content that is submitted by you, or (vi) any other party’s access and use of the website with your, if applicable, unique username, password or other appropriate security code.
THE WEBSITE IS PROVIDED BY VILLAGE CASTING ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ASSUME SOLE RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AT WWW.TOPCHEFCASTING.COM AND THE RESULTS AND PERFORMANCE THEREOF (INCLUDING, WITHOUT LIMITATION, VIEWING OF THE WEBSITE, THIRD PARTY WEBSITES, THIRD PARTY CONTENT, OR THIRD PARTY RESOURCES). USE OF THE WEBSITE AND ITS SERVICES (IF ANY) ARE AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, EACH OF THE VILLAGE CASTING PARTIES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT VIEWED, STREAMED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADING, VIEWING, STREAMING, OR ANY OTHER USE BY YOU.
Village Casting reserves the right to terminate the website or your access to any of its functions including, your account (if any) and/or this Agreement at any time with or without cause or notice.
Severability. In the event that any provision (or any part of such provision) of these terms is held to be illegal, invalid or unenforceable, such provision (or part) will be severed and: (1) it shall be deemed replaced by an alternative provision (or part) which approximates as closely as lawfully possible in terms of substance and effect the provision or part severed; and (2) the remainder of these terms shall continue in full force and effect.
No Waiver. If you breach this Agreement and Village Casting takes no action against you, Village Casting will still be entitled to enforce its rights against you in relation to that breach subsequently and to use Village Casting’s rights and remedies in any other situation where you breach these terms.
Remedies. In no event may you terminate the rights granted hereunder, and you agree that you shall not be entitled to obtain injunctive relief or other equitable relief with respect to the rights granted hereunder.
Assignment. You acknowledge and agree that Village Casting shall be free to sell, assign, license, mortgage, encumber or otherwise transfer this Agreement and/or any or all of its rights hereunder, and/or to delegate any or all of its duties hereunder at any time and from time to time to any person or entity. You are not permitted to assign any of the rights granted hereunder or delegate any obligations hereunder to any person or entity.
Governing Law. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State, excluding only its conflict of law provisions. Any action you, any third party or Village Casting bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or federal Courts located in the State of California, and you expressly consent to the jurisdiction of said courts, waiving any jurisdictional venue or inconvenient forum objections to such courts.
Arbitration. For any claim under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or this Agreement must be filed within six (6) months after such claim or cause of action arose or be forever barred.
Entire Agreement. This Agreement, together with any other legal notices and agreements published by Village Casting via the website, shall constitute the entire agreement between you and Village Casting concerning the website.
Please contact Village Casting at firstname.lastname@example.org with any questions regarding this Agreement.