Casting Calls UK Ltd Terms of Use

Welcome to Casting Calls UK Ltd. These Terms of Use, along with any additional terms made known to you upon utilising our services (“Terms”), constitute a legally binding agreement between you and Casting Calls UK Ltd, its affiliates (collectively, “CCUK,” “we,” “our,” or “us”) and its collection of websites or other services linked to these Terms. THESE TERMS INCLUDE CLAUSES PERTAINING TO DISPUTE RESOLUTION, MANDATING INDIVIDUAL ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS.

I. About Casting Calls UK Ltd

Casting Calls UK Ltd delivers a spectrum of content, hosting, communication, and networking services. These services encompass various content, features, functionalities, and other provisions designed to facilitate connections between Talent (as defined below) and talent agents, managers, casting directors, and other professionals engaged in the motion picture, theatrical, radio, television, and broader entertainment industries (collectively referred to as the “Services”). These Services may be accessible via our websites, mobile platforms, applications, or through other services, products, tools, offers, or communications provided by CCUK.

Nature of Services Provided by Casting Calls UK Ltd

Casting Calls UK Ltd operates as a Talent Listing Service.

CCUK is not a talent agency, nor does this constitute a talent agency contract. Only a talent agent registered in accordance with the Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003 may engage in the activities of procuring, offering, promising, or attempting to procure employment or engagements for an artist. CCUK is legally restricted from offering or attempting to secure auditions or employment for you; our service is confined solely to providing listing information. For further details, please refer to the relevant sections of the Employment Agencies Act and the associated statutory regulations. Any disputes arising from the performance of the contract by CCUK that are not resolved to the satisfaction of the artist or talent should be directed to the local Trading Standards office or other appropriate legal or regulatory body.

Registration of Minors

Minors are not permitted to create accounts, maintain profiles, or utilise our Services directly. Only Talent Representatives, parents, or legal guardians of Talent who are below the age of majority in their respective jurisdiction (“Minors”) are eligible to register for Membership, and to create and maintain profiles and resumes on behalf of such Minors (referred to collectively as “Authorised Representatives”). According to the applicable European Data Privacy Laws, children between the ages of 13 to 16 may provide valid consent for the processing of their personal information. In instances where such consent is requisite under European Data Privacy Laws, the Talent Representative is required to furnish evidence of this consent, or as stipulated by law, the authorisation from the individual holding parental responsibility over the Minor. We reserve the right to withhold or suspend processing of the Minor’s personal information until such evidence of consent or authorisation is received.

II. Acceptance of Terms

Legally Binding Agreement

By registering with Casting Calls UK Ltd and selecting “I Accept” (or a similar option), or through accessing, viewing, downloading, or otherwise using the Services, you enter into a legally binding agreement with Casting Calls UK Ltd governed by these Terms and our Privacy Policy, which is integrated into these Terms. Additional Terms may occasionally be posted across our Services for specific legal notices, rules for promotions, applications, downloads, or other activities and features. In the event of any inconsistency between these Terms, Casting Calls UK Ltd reserves the right to determine the applicable Terms for specific Services. These Terms define your rights, obligations, and limitations regarding your use of the Services. Should you disagree with any provisions of the Privacy Policy or these Terms, you are required to cease accessing and using the Services immediately. A “Visitor” is defined as an individual who accesses and browses the Services without registering for an account. A “Member” is an individual who has registered with the Services and has received confirmation from Casting Calls UK Ltd that their registration is complete and their membership established (“Membership”). Casting Calls UK Ltd reserves the right to refuse Membership registrations at its discretion. Both Visitors and Members are collectively referred to as “Users

Updates to Terms

The Terms are subject to modification at any time. Casting Calls UK Ltd will publish the most recent version on our website’s homepage (https://www.castingcallsuk.co.uk/) or via a link on the relevant Service, marked with a new Effective Date. Any amendments become effective as of this Effective Date. Your continued access to or use of the Services following the posting of any changes to the Terms constitutes your acceptance of those changes. If you do not consent to the revised Terms, you are obliged to cease using the Services.

Contact and Electronic Communications

By accessing or utilising the Services, you consent to receive these Terms in electronic format, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically meet any legal requirements that such communications would satisfy if they were in writing. You acknowledge that by providing us with contact information, such as an email address or telephone number (“Contact Information”), in connection with a specific service or activity, you are establishing a business relationship with us. We are therefore authorised to communicate with you using the Contact Information you have supplied. This may include contact via direct conversation, recorded message, email, telephone, mobile telephone number (including the use of automated dialling equipment), text (SMS) message, in-app message, or any other form of communication that your telecommunications device is capable of receiving, as per the Contact Information provided. Please be aware that standard message and data rates may apply.

Your Consent to Email Marketing

We will send you marketing communications in line with our Privacy Policy.

III. Eligibility

You must be an Industry Professional to engage with the Services. An “Industry Professional” includes:

• Actors, models, dancers, voice-over talents, musicians, musical or performance groups, or other artists (“Talent”);
• Casting directors;
• Production companies;
• Filmmakers;
• Other professionals within the entertainment industry; or
• Professional talent representatives (e.g., talent agencies or management companies), or their employees or authorised representatives (“Talent Representative”).

Authorisation to Act on Behalf of Talent

Each Talent Representative certifies that they are legally authorised to represent their respective Talent in matters related to the Services and to utilise all facets of the applicable Services on behalf of the Talent as per these Terms. This includes, where relevant, the creation and dissemination of Profiles or Resumes and the sharing of such information with third parties. A Talent Representative must cease using the Services immediately if such authorisation from the Talent ceases to be effective. While we are not obliged to do so, we reserve the right at any time to request proof of a Talent Representative’s authorisation to agree to these Terms and to act on behalf of Talent concerning the Services.

Furthermore, each Talent Representative warrants that all personal information they provide to us, whether via the website or otherwise, is collected on behalf of the Talent and disclosed to us in strict compliance with applicable Data Privacy Laws. This includes securing the necessary consents or providing full data processing details as required under such laws. Each Authorised Representative is solely accountable for their actions or omissions in relation to the Services, including any breaches of these Terms and our Privacy Policy. Each Authorised Representative also agrees to indemnify and hold harmless Casting Calls UK Ltd and its affiliates, employees, officers, directors, and agents from any losses, costs, expenses, damages, fines, and/or penalties, including reasonable legal fees, that may arise from any breach of these representations.

Individual Responsibility

If you are an individual acting on behalf of a Talent Representative, a corporate entity, or other legal entity (which may also be bound by these Terms or have a separate agreement with Casting Calls UK Ltd), you are personally accountable to these Terms as an individual User.

Responsibility to Update Talent Representative Information

It is the responsibility of the Talent or the Talent’s Authorised Representative to promptly inform Casting Calls UK Ltd of any changes or termination of a Talent Representative. Should the Talent lack representation, control of the Membership will revert to the Talent or their Authorised Representative, contingent upon their direct acceptance of these Terms. Notifications of any changes should be submitted via a support request at our designated support link.

Registration

During the process of Membership registration, you will be asked to provide personal identification details, such as your full name, age, street address, email address, and phone number, along with optional data including height, weight, perceived ethnicity, and photographs (collectively, “Registration Information”). By using the Services, you affirm and guarantee that all Registration Information you provide is truthful, accurate, current, and complete, and you commit to maintaining the accuracy of this information by updating and revising it as necessary.

Representation

If you are a Talent Representative submitting Registration Information on behalf of Talent, you certify and affirm that you possess the necessary authority to provide us with the Registration Information and any other personal identifying information of the Talent. Should the Talent be under the age of majority, valid authorisation from a parent or guardian may be required by law. The Services are not intended for children under the age of 13, and such individuals are not permitted to register for or use the Services.

Validation of Registration Information

You grant Casting Calls UK Ltd the authority to conduct inquiries, either directly or via third parties, to verify your Registration Information. Casting Calls UK Ltd retains the right to pursue legal action against any individual who provides inaccurate, false, or incomplete personal information or who misrepresents their identity, and to suspend or terminate a Membership created with such information. Despite these measures, you acknowledge that Casting Calls UK Ltd cannot assure the accuracy of any information provided by any User of the Services, including identity details.

Casting Calls UK Ltd Privacy Policy

For comprehensive details on how we collect, use, and share Users’ personal information, please consult our Privacy Policy.

IV. User Code of Conduct

You agree to use the Services in a professional manner and to provide complete and accurate Registration Information, updating it as necessary. You also agree to abide by all applicable laws, rules, and regulations governing the use of the Services.

Prohibited Activities

You agree not to engage in the following activities:

1. Use the Services or any personal information of any User for purposes not directly related to your utilization of the Services.
2. Collect, use, share, or transfer any information available on the Services unless explicitly permitted by these Terms or by the rightful owner of the information.
3. Employ the Service for any commercial endeavors unless they are specifically endorsed or approved by us.
4. Include in a profile or resume, or elsewhere on the Services, sensitive personal information such as government identifiers (e.g., Social Security numbers, Tax ID numbers) unless such collection is explicitly required by law.
5. Use the Services or information obtained from the Services to stalk, abuse, attempt to abuse, or otherwise harass any individual.
6. Act dishonestly or unprofessionally, for instance, by posting inappropriate, inaccurate, or objectionable content.
7. Engage in any action or transmit content that violates any legal rights or obligations, such as inside information or confidential information obtained through employment relationships or under non-disclosure agreements.
8. Transmit unsolicited or unauthorized advertising or promotional materials, including but not limited to “junk mail,” “spam,” “chain letters,” or “pyramid schemes.”
9. Use manual or automated software, devices, scripts, robots, or other means to access, “scrape,” “crawl,” or “spider” any part of the Services.
10. Utilize information, content, or any data from the Services to provide any service that competes with the Services, including using Casting Calls UK Ltd trademarks or copyrighted material without permission.
11. Transmit or post links to other services within your profile or resume that are not expressly permitted.
12. Engage in or plan any illegal activity.
13. Post or transmit content that could be considered abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious.
14. Disclose any information that you do not have the right to disclose, such as confidential or proprietary information.
15. Use an image that is not your likeness or a headshot in your profile, or misrepresent your identity, affiliation, or the source of any communication.
16. Create, transmit, or disseminate any material that infringes on the copyright, trademark, patent, trade secret, publicity, or other intellectual property or rights of any party.
17. Export, re-export, or permit downloading of any content in violation of any applicable export or import laws of the United Kingdom and its agencies.
18. Interfere with, disrupt, or attempt unauthorized access to other accounts on the Services or any associated networks.
19. Disseminate or transmit harmful code such as viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, or cancelbots.
20. Damage, disable, overburden, or impair any Casting Calls UK Ltd server, or any network connected to our servers, or interfere with any other party’s use and enjoyment of the Services.
21. Gain unauthorized access to any Services, accounts, computer systems, or networks connected to any Casting Calls UK Ltd server through hacking, password mining, or any other means.
22. Reverse engineer, decompile, or disassemble any software accessed through the Services.
23. Post or e-mail misleading or false professional opportunities.
24. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services.
25. Access the Services through any interface not explicitly provided by Casting Calls UK Ltd.
26. Override any security feature of the Services.
27. Engage in any other activity that, at the sole discretion of Casting Calls UK Ltd, is in conflict with the spirit or intent of the Services and these Terms.

V. USER RIGHTS AND OBLIGATIONS

Preventing and Reporting Abuse

You agree that Casting Calls UK Ltd may take any actions deemed necessary, at its sole discretion and without prior notice, to prevent or stop any behaviour on the Services that violates this Agreement. For instance, we maintain a zero-tolerance policy against child pornography and will terminate and report to the appropriate authorities any User found to be publishing or distributing such material. Violations of the User Code of Conduct or other abuses of the Services can be reported by emailing reportabuse@castingcallsuk.co.uk.

Termination or Cancellation by Casting Calls UK Ltd

Casting Calls UK Ltd reserves the right to restrict, suspend, or terminate the Membership of any User who breaches these Terms or otherwise abuses or misuses the Services, without prior warning. Such actions shall take effect immediately or as outlined in any subsequent notice. Should your Membership be restricted, suspended, or terminated, no refunds or credits for any Membership fees or other payments will be provided, except at our sole discretion. Additionally, any User whose account has been restricted, suspended, or terminated and who attempts to re-register or creates a new account under a different name may be permanently prohibited from using the Services without recourse. We have a policy of terminating the accounts of Users who, at our discretion, misrepresent themselves as an Authorised Representative, Talent Representative, casting director, or other industry professional, or who provide false or misleading information. Casting Calls UK Ltd may also cancel your account at any time and for any reason. If your month-to-month, prepaid, or other paid membership is cancelled, you will receive a refund for any unused months, calculated by multiplying the monthly rate by the number of full months remaining. If cancellation occurs during a partially used month, you will nonetheless receive a refund for the full month.

Membership Security and Unauthorized Use

You are solely responsible for all activities conducted through your Membership, including adherence to these Terms. During the registration process, you will be asked to create a password. It is your responsibility to maintain the confidentiality and security of your password, selecting one that is both strong and secure. You must not use another Member’s account or password, allow unauthorized third-party access to your account, or share your password information with any unauthorized party. You must notify us immediately if you suspect any unauthorized use of your Membership or access to your account or password. You are liable for any losses incurred by Casting Calls UK Ltd or others due to such unauthorized use, until such time as you terminate your Membership or demonstrate that your account security was compromised through no fault of your own.

Fees and Billing Information

We offer a variety of plans, each with distinct features and pricing. As a User, you may select the plan that best suits your needs and qualifies you for the respective services. Payment for subscriptions is made in accordance with the terms of the selected plan. The prices and features of these plans are subject to change in line with these Terms. We will provide Users with advance notice of any price changes, and you will have the option to modify or cancel your subscription if the new pricing is not agreeable, once the current subscription term has concluded.

Adjustments to a plan, such as upgrading to a higher-priced plan, will result in an immediate change to the fee at the time access to the new plan and its features commences. Conversely, if you switch to a lower-priced plan, the change will take effect at the end of the current billing cycle. We may occasionally adjust or reduce the features and capabilities allocated among the various plans and will endeavor to notify affected Users in advance of any significant changes.

By purchasing any of our paid Services, whether on a one-time or recurring monthly billing basis, you consent to Casting Calls UK Ltd and its authorized service providers storing your payment card information. Casting Calls UK Ltd will bill you the applicable fees, taxes, and any other charges (“Fees”) using the billing information (“Billing Information”) you provide. You agree to pay all Fees at the current rates for your use of the Services and authorize Casting Calls UK Ltd to charge your selected payment method (“Payment Method”) for such Fees.

Subscriptions exceeding one month in duration will automatically renew at our standard monthly rate and are billed monthly, in accordance with our Subscription Terms as agreed upon during signup. The terms associated with your Payment Method may be determined by agreements between you and your financial institution, debit/credit card issuer, or other providers of your chosen Payment Method, and may include additional charges, such as foreign transaction fees.

Should we not receive payment from your Payment Provider, you are obligated to settle all outstanding amounts on your account immediately upon demand. If we must undertake collection efforts for unpaid Fees, you will be responsible for any associated costs and legal fees. Please note that if another party (e.g., your Talent Representative) pays for the Services on your behalf, that party is responsible for ensuring timely payment. Failure to do so may result in the termination of your Membership. All Fees are quoted in British Pounds unless stated otherwise and do not include charges from internet service providers, telephone companies, or other connection fees billed by third parties. Depending on the currency of your credit card and the country where it was issued, your credit card provider may apply foreign exchange fees or other charges as per your agreement with them.

Membership Continuity and Billing

When you opt for a Membership, it will continue uninterrupted until cancelled as detailed below. You agree that Casting Calls UK Ltd is authorised to bill you monthly using the Payment Method you have provided.

Memberships & Cancellation by You

You have the right to cancel your month-to-month or prepaid Membership or any other account and receive a full refund for any payments made within 10 business days of the initial purchase.

Beyond the 10-day cancellation period, you may cancel your account at any time for any of the services. If you cancel a month-to-month, prepaid semi-annual, or annual subscription, you will avoid future charges, but payments for partial months are not refunded. For more information on your Membership and to cancel your Membership or other account at any point during your subscription term or otherwise, you can contact us via our support portal or cancel directly through your account. We will terminate your account as promptly as possible once any outstanding issues are resolved and in accordance with applicable law.

Discounts, Trials, and Offers

Casting Calls UK Ltd may provide discounts, trials, and offers, subject to availability and at our discretion, in line with the specific terms applicable to each discount, trial, or offer. These promotions may not be accessible to all users and are not retroactive.

Trials, including free trials, are provided for a specified period to customers upon registration and acceptance of the trial terms. These trials grant access to features as outlined in the trial offer for the set period. Trials are available to new customers and commence immediately upon registration. Unless a trial is cancelled before its conclusion, subscriptions will automatically begin, charging the provided payment method according to the selected plan. You may cancel at any time before the trial concludes to avoid charges, which may result in the removal of access to features included in the trial. We reserve the right to modify or cancel trials without prior notice, though such changes will not affect ongoing trials.

We also reserve the right to limit the number of discounts, trials, and offers a Member can participate in, and we may remove, amend, or refuse any promotions at any time without prior notice.

Removal of Your Account and Associated Data and Content

If you wish to remove your account, please visit our Help Center at Casting Calls UK Ltd Support. Upon submitting a request to remove your account, data, or content within your account, the removal process will commence automatically. Data deletion from backups and recovery systems will occur as swiftly as technically feasible. However, your data and content will not be deleted under the following circumstances:

• When your data or content has been shared with others as stipulated by these Terms of Use (refer to the section ‘Ownership and License of User Content’);
• When technical limitations prevent the complete deletion of data, in which case, the removal will be executed as quickly as possible;
• When deletion could impede our ability to:
  • Investigate violations of these Terms of Use or identify unlawful activities;
  • Ensure the safety of users and the security of our systems and services;
  • Fulfil a legal obligation or respond to a formal request from governmental, law enforcement, or regulatory bodies.

Users are advised to download any necessary data or content before initiating a removal request.

Interruption of Services

Casting Calls UK Ltd reserves the right to interrupt the availability of some or all aspects of the Services at any time, for any or no reason, and may also modify, replace, restrict access to, or discontinue any aspect of the Services, or alter our Fees at our sole discretion. Changes to the Services or Fees will take effect immediately upon being posted on the Services or when communicated to you directly. Casting Calls UK Ltd is not liable for any interruptions to Services, nor for any delays or failures in performance, and you acknowledge that in such instances, you are not entitled to any refunds of Fees.

Content in Your Account

Casting Calls UK Ltd reserves the right to remove or discard any content within your Membership account, including your profile or resume, at any time and for any reason, with or without notice. We are under no obligation to store, maintain, or provide you with a copy of any content that you or other users upload or provide while using the Services.

Media Storage

“Media” refers to photographs, audio recordings, videos, or other file types that you, as a User, add to your profile, respond to media requests with, or upload to submissions. Media storage limits may be applied to different plans. The storage capacity is calculated based on the original file size and is associated with the individual artist. All media must meet minimum quality criteria. The volume of media you can upload within your plan is dependent on various factors, including file type, size, resolution, and quality. Services may become unavailable to a user who has reached or exceeded the media storage limit. Time limits may also be enforced for media removal and archival activities within an account. We reserve the right to adjust media storage limits at our discretion and will provide reasonable notice of any significant changes to these limits. Media storage services may be terminated upon the expiry of a subscription. We are not liable for the loss or corruption of data, whether accidental or intentional.

Non-Commercial Use

The Services are intended for the personal use of Users and may not be used for any commercial purposes unless specifically endorsed or approved by Casting Calls UK Ltd. Refer to Section IV, “User Code of Conduct,” for detailed information on permitted and prohibited uses of the Services. Unlawful or unauthorized uses of the Services, such as harvesting users’ names or email addresses for unsolicited emailing or conducting unauthorized commercial solicitations, framing, or linking to the Services, are strictly prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from user profiles or resumes without notice and may lead to termination of Membership at our sole discretion. Legal action may be taken against any illegal or unauthorized use of the Services.

Links to Third Party Services

The Services may feature links to third-party applications, websites, or other services (“Third Party Sites”). You bear the responsibility for deciding whether to access or use these Third Party Sites. Casting Calls UK Ltd does not endorse and is not responsible for any features, content, advertising, products, or other materials available from Third Party Sites. These sites maintain their own legal terms of use and privacy policies, and by interacting with them, you may be allowing them to use your information in ways that Casting Calls UK Ltd would not. Except as required by applicable law, we are not responsible for these Third Party Sites and you access and use them at your own risk.

VI. Intellectual Property Rights

Access to Content on the Services

You acknowledge that using the Services may grant you access to various forms of content, including but not limited to pictures, digital images, graphics, music, video, audio, text, and computer code (collectively, “Content”). This Content may include both material owned or licensed by Casting Calls UK Ltd (“CCUK Content”) and that owned or licensed by other Users (“User Content”). You acknowledge that Casting Calls UK Ltd, its licensors, and Users hold 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 these rights.

User Content

Casting Calls UK Ltd may, but is not obligated to, pre-screen or monitor the Services for inappropriate User Content or conduct at any time. Casting Calls UK Ltd may remove any User Content that violates these Terms, as determined at our sole discretion. However, even if Casting Calls UK Ltd opts to pre-screen or monitor User Content, we assume no responsibility for such User Content, nor are we obligated to modify or remove any inappropriate User Content. We also take no responsibility for the conduct of any User submitting such User Content.

Trademarks of Third Parties

All product and company names mentioned within the Services may be the trademarks™ or registered® trademarks of their respective owners. Mention of such trademarks does not imply any affiliation with or endorsement by their respective owners.

View Content at Your Own Risk

You acknowledge that in using the Services, you will encounter Content sourced from various contributors, and that Casting Calls UK Ltd is not liable for the accuracy, utility, safety, or intellectual property rights related to or pertaining to such Content. You further recognise that you may encounter Content that could be inaccurate, offensive, indecent, objectionable, or otherwise flawed.

Ownership of User Content Posted by Other Users of Our Services

All User Content, including project information uploaded to the Services by any user, including casting directors, is owned or licensed by the individual who posted it. Consequently, other users may not distribute, modify, transmit, reuse, download, repost, copy, or utilise such User Content, including project information, without the express prior written consent of the individual who posted it. Breach of this condition will result in immediate and irrevocable termination of your rights to use the Services.

Our Ownership Rights

All rights, title, and interest in and to the Services are the exclusive property of Casting Calls UK Ltd and its licensors. We grant you a limited, revocable, non-sublicensable licence to reproduce and display the CCUK Content (excluding any software code) solely for your personal use to the extent necessary to access or use the Services. Casting Calls UK Ltd reserves all rights not explicitly granted in and to the CCUK Content and the Services.

Software Use Restrictions

You acknowledge that any software and associated documentation available for download from the Services (“the Software”) is a copyrighted work owned or licensed by Casting Calls UK Ltd and that downloading the Software does not transfer any ownership rights to you. Your use of the Software is subject to these Terms and to the terms of any licence agreement that accompanies or is included with the Software (“the Licence Agreement”). Except as expressly permitted in the applicable Licence Agreement, any further copying, reproduction, or redistribution of the Software is strictly prohibited. To the fullest extent permitted by applicable law, the Software is provided to you on an “as-is” and “where-is” basis, and all warranties, whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed.

Feedback

Any comments, feedback, or materials you submit to us, including feedback, testimonials, images, reviews, questions, comments, suggestions, or ideas (“Feedback”), are received and treated by us on a non-confidential and unrestricted basis. Casting Calls UK Ltd has a limited, non-exclusive licence to use, display, perform, distribute, copy, adapt, and promote the Feedback in any manner, without any additional compensation to you. By submitting Feedback, you agree that it will not infringe upon the rights of any third party, including rights of 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 libellous or otherwise unlawful, threatening, abusive or obscene material, or contain viruses, commercial solicitations, or any form of “spam”.

Ownership and Licence of User Content

You retain any copyright and other intellectual property rights under law regarding the User Content that you submit, transmit to, or display on or through the Services. However, by posting your User Content on the Services, you grant Casting Calls UK Ltd and its affiliated companies, and their sublicensees or other suppliers of the Services, the rights to use, transmit, reproduce, publish, publicly display, perform, reformat, edit, delete, learn from, transcribe, analyze, or translate your User Content in connection with current or future Services (“Licence”). No compensation is due to you regarding the use of your User Content as provided herein. You may edit some of your User Content using the tools provided on the Services; however, once User Content is shared through the Services, Casting Calls UK Ltd has no control over third parties’ use of that content. Furthermore, you acknowledge that removed User Content may persist in the systems of those who have previously accessed it through our Services and in backup copies for recordkeeping and internal purposes, including enforcing these Terms. For further information on how we use, share, and store the personal information you provide to us, and your choices, please consult our Privacy Policy. You warrant that you possess all necessary rights to grant us the Licence set forth in this section, that your User Content is accurate and not confidential, and that the submission, transmission, posting, and use of your User Content on the Services does not violate any applicable laws or contractual restrictions or other third-party rights, including, without limitation, privacy, publicity, and intellectual property rights of persons or properties appearing therein. You are solely responsible for your User Content or any other User Content you access through the Services.

UK Copyright Infringement Procedures

Casting Calls UK Ltd complies with the UK Copyright, Designs and Patents Act 1988. 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. It is our policy to terminate the access of repeat infringers. We are committed to respecting the copyright interests of others and it is our policy not to allow materials known to infringe another party’s copyright to remain on our Services.

Filing a Complaint

If you believe any material on the Services infringes a copyright, please inform us with a request to remove the allegedly infringing material. This should be provided in the form of a written communication, sent by regular mail, that includes at a minimum:

1. Identification of the material 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, along with information reasonably sufficient to permit us to locate the material.
2. Your name, address, telephone number, and email address (if available).
3. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
4. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
5. The signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Filing a Counter-Notice

If your material has been removed or access has been disabled by us as a result of a copyright complaint, you may send us a counter-notice asking for the allegedly infringing material to be restored. This must be in the form of a written communication sent by regular mail that includes:

1. Identification of the copyrighted work or works that were removed by Casting Calls UK Ltd and the location at which the works appeared before they were removed, along with information reasonably sufficient to permit us to identify the copyrighted work.
2. Your name, address, telephone number, and email address (if available).
3. A statement that you consent to the jurisdiction of the UK courts for the judicial district in which your address is located, or if your address is outside of the United Kingdom, for any judicial district in which Casting Calls UK Ltd may be found.
4. A statement that you will accept service of process from the person who provided the initial notification of alleged infringement.
5. A statement that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
6. A signature of a person authorized to act on behalf of the owner of the copyrighted work that was taken down.

Both the initial infringement notification and the counter-notice should be sent to our designated agent for copyright issues, which can be reached as follows:

CCUK Copyright – copyrightinfringement@castingcalls.uk, 

Bartle House, 9 Oxford Court, Manchester, England, M2 3WQ, UK

These procedures are designed to ensure that the rights of copyright holders are respected while also providing a recourse for those who believe that content has been wrongly removed.

Communication and Interaction Guidelines

Email and Letter Communications

Please note that emails or letters sent to the contact addresses provided that do not pertain to copyright issues will not be responded to.

VII. Interacting with Other Users

Service Provider Role

Casting Calls UK Ltd functions primarily as a service provider and does not oversee every aspect of the Services. For instance, we do not routinely monitor interactions between Users or their communications through the Services. However, in certain situations, Casting Calls UK Ltd may prevent you from contacting other Users or restrict your use of the Services. We reserve the right to terminate your Membership if we deem it necessary to enforce these Terms or to safeguard our business reputation or our Users.

Communications with Users

You bear sole responsibility for your interactions with other Users.

Release Clause

As a condition of your access to and use of the Services, you release Casting Calls UK Ltd, including its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors, and distributors from any claims, demands, and damages of every kind—whether known or unknown, suspected or unsuspected, disclosed or undisclosed—arising from any disputes you may have with one or more Users of the Services, or any claims against any individual or entity who creates an unauthorized account on your behalf.

User Disputes

You acknowledge and agree that:

1. Casting Calls UK Ltd has the right, but not the obligation, to assist in resolving disputes among Users concerning their use of the Services.
2. The resolution of any particular dispute by Casting Calls UK Ltd does not create an obligation to resolve any other dispute.
3. In the event that Casting Calls UK Ltd chooses to assist in resolving disputes, it will do so based on the general rules and standards of the Services and in good faith.
4. Any dispute resolution undertaken by Casting Calls UK Ltd will be final with respect to the involved Users’ use of the Services.
5. You release Casting Calls UK Ltd from any claims, demands, and damages of every kind and nature that may arise in connection with the resolution of disputes among Users of the Services.

VIII. DISCLAIMERS OF WARRANTY AND LIABILITY

Services Provided “As Is”

Casting Calls UK Ltd provides the Services on an “AS IS” basis and does not guarantee that the Services will operate without interruption or errors, or be virus-free. The operation of the Services may be affected by maintenance, updates, or system or network failures. Casting Calls UK Ltd disclaims all liability for damages caused by any interruption, malfunction, inability to access, or poor conditions of the Services for any reason. Use of the Services is at your own risk, to the fullest extent permissible under applicable UK law.

Casting Calls UK Ltd expressly disclaims all warranties and conditions of any kind, whether express, implied, or statutory, including, but not limited to, warranties of title, non-infringement, merchantability, or fitness for a particular purpose.

Casting Calls UK Ltd makes no warranty regarding the quality, accuracy, completeness, or validity of any information or content accessed or received in connection with the Services, or that your use of the Services will meet your requirements. If you are dissatisfied with the Services, your sole and exclusive remedy is to terminate your account in accordance with these Terms. Casting Calls UK Ltd is not responsible for, and makes no representations or warranties regarding, the delivery of any messages sent through the Services to anyone. Furthermore, 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. Casting Calls UK Ltd does not have any obligation to verify the identity of the persons accessing or subscribing to the Services and disclaims all liability for identity theft or any other misuse of your identity or information.

No Liability for Accumulated Content

While using the Services, you may accumulate content that resides as data on Casting Calls UK Ltd’s servers. This data, and any other data, membership account information, or personal information of users on our servers may be deleted, altered, moved, or transferred at any time for any reason at Casting Calls UK Ltd’s sole discretion. You acknowledge that, notwithstanding any copyright or other rights you may have with respect to user content you upload, transmit, display, or create using the Services, and notwithstanding any value attributed to such content, you understand and agree that Casting Calls UK Ltd 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. Casting Calls UK Ltd expressly disclaims any value, cash or otherwise, attributed to any data residing on our servers.

Limitation of Liability

Under no circumstances shall Casting Calls UK Ltd or its suppliers, licensors, or distributors involved in hosting, operating, or delivering the Services be liable to you or any third party for any special, incidental, indirect, consequential, punitive, or exemplary damages, including but not limited to, damages for lost profits, except in cases of gross negligence, fraud, or wilful misconduct. This exclusion applies whether the damages arise from contract, tort, strict liability, or any other form of legal claim, in connection with the Services (including its modification or termination), your membership (including its termination or suspension), or these Terms, regardless of whether Casting Calls UK Ltd may have been advised that such damages could arise and notwithstanding any failure of the essential purpose of any remedy.

Furthermore, except in cases of gross negligence, fraud, or wilful misconduct, the total liability of Casting Calls UK Ltd for any direct damages shall not exceed the lesser of the most recent monthly fee you paid for the Service, if any, or fifty British Pounds (£50.00). The limitations and exclusions set out herein may not apply to you to the extent that such limitations and exclusions are not permitted under applicable UK law.

Indemnification

You agree to defend, indemnify, and hold harmless Casting Calls UK Ltd 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 legal fees and costs related to responding to regulatory inquiries, actions, or subpoenas) arising from third-party claims, charges, and investigations related to (a) your use of the Services, (b) your failure to comply with these Terms, including your submission or use of Content in violation of third party rights or applicable laws, rules or regulations, or (c) your Membership.

IX. Dispute Resolution

Governing Law

These Terms are governed by and construed in accordance with the laws of the United Kingdom, specifically the laws of England and Wales, without regard to its conflict of laws principles. Any disputes arising out of or related to these Terms or the Services shall be resolved in accordance with UK law, irrespective of the domicile of the parties involved.

Notice of Claims and Dispute Resolution

Notice of Claims

In the event a dispute arises between you and Casting Calls UK Ltd, we aim to provide you with an efficient, neutral, and cost-effective means of resolving the issue through arbitration. Any party wishing to seek arbitration must first send a written Notice of Dispute to the other party, outlining the nature and basis of the claim, and specifying the relief sought. All Notices of Dispute intended for Casting Calls UK Ltd should be addressed to our designated dispute resolution address, which can be found on our website.

Notices to Users will be sent to the email or physical address provided in the User’s account. Upon receiving such a Notice of Dispute, the receiving party has a 60-day period in which to address the claim by resolving the dispute and providing the requested relief, or by reaching a settlement agreeable to both parties. If the dispute is not resolved within this 60-day period, either you or Casting Calls UK Ltd may begin arbitration proceedings according to the procedures outlined below. This notice requirement is a prerequisite to initiating arbitration.

Arbitration and Class Action Waiver

You and Casting Calls UK Ltd agree that any dispute, controversy, or claim arising out of, or related to these Terms, any contract, tort, misrepresentation, fraud, or other legal action or cause related to the Services, which cannot be resolved through mutual agreement, shall be settled by binding arbitration by a single arbitrator. This arbitration agreement is to be interpreted broadly, and there is no judge or jury in arbitration. Review of arbitration awards in court is limited, but the arbitrator is obligated to honor these terms as a court would. The decision and award of the arbitrator will be final and binding, with limited exceptions under the Arbitration Act 1996, and judgement on the award may be entered in any court with jurisdiction.

By agreeing to these Terms and using the Services, both you and Casting Calls UK Ltd waive the right to a trial by jury or to participate in a class action or representative proceeding. Any claims brought must be in the parties’ individual capacities, and not as plaintiffs or class members in any purported class, collective, representative, or similar proceeding. The arbitrator shall not consolidate or join the claims of other persons or parties who may be similarly situated.

If the prohibition on class arbitrations as detailed above cannot be enforced, then the entirety of the agreement to arbitrate will not apply. Should a claim proceed in court rather than in arbitration, you and Casting Calls UK Ltd waive any right to a jury trial. This paragraph may be presented in court to demonstrate a written agreement to a bench trial.

AMS Arbitration – UK Context

For disputes arising between you and Casting Calls UK Ltd that require arbitration, unless mutually agreed otherwise in writing or for individual claims suitable for small claims court, the arbitration will be governed and conducted under the rules of an established alternative dispute resolution (ADR) provider such as JAMS, selected by Casting Calls UK Ltd. The arbitrator will be a legally qualified individual.

All arbitration proceedings, unless specifically agreed otherwise, will take place within the United Kingdom, accommodating the convenience and jurisdictional appropriateness for both parties. Casting Calls UK Ltd will:

1. Bear the costs of arbitration up to £10,000 for any non-frivolous claim.
2. Facilitate the arbitration via telephone if preferred by you.
3. Not seek attorney’s fees in the event Casting Calls UK Ltd prevails.

Each party must cover their own expenses related to legal representation, expert witnesses, and other associated costs. The arbitration will proceed according to the comprehensive rules established by the selected ADR provider, unless these Terms stipulate otherwise. Detailed rules for the ADR provider can be found on their respective website.

In instances where this Dispute Resolution section conflicts with the minimum standards of procedural fairness as set out by the ADR provider, the provider’s rules or minimum standards for arbitration procedures shall take precedence. Legal action outside of this arbitration provision is limited strictly to enforcing this clause, pursuing an arbitration award, or as otherwise allowed under these Terms. Any such legal actions must be brought in the appropriate courts within the United Kingdom.

The arbitrator is granted exclusive authority to resolve any disputes concerning the interpretation, applicability, enforceability, or formation of these Terms, including the arbitrability of any dispute and any claim that all or part of these Terms are void or voidable.

Exceptions

Claims related to the following are not subject to arbitration:

1. Indemnification,
2. Violation of Casting Calls UK Ltd’s intellectual property rights,
3. Contribution,
4. Interpleader,
5. Injunctive relief arising from a claim.

Survival of Provisions

This arbitration agreement will survive the termination of your relationship with Casting Calls UK Ltd or the cessation of these Terms.

Severability

If any portion of this arbitration agreement is deemed unlawful, unenforceable, or void, only that specific portion will be severed from the agreement, leaving the remainder in effect. If the clause prohibiting class action arbitrations is found to be unenforceable, then the entirety of the arbitration agreement will be considered null and void.

X. GENERAL PROVISIONS

Export Control

The Services are controlled and operated by Casting Calls UK Ltd from its offices within the United Kingdom. We make no representation that the Content, Software, or other products available through the Services are appropriate or legally permissible for use in other locations. Access to the Services from territories where their content is illegal is prohibited. Those who access the Services from other jurisdictions do so on their own initiative and are responsible for compliance with local laws, including but not limited to export and import regulations of those jurisdictions. Your use of the Services, including any Software, is subject to UK export control laws and regulations. You must not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any Software or Services to any end-user without obtaining the required authorizations from the appropriate UK government authorities. You also warrant that you are not prohibited from receiving UK-origin products, including Services or Software.

Notices

Notices from Casting Calls UK Ltd to you may be given through a general notice on the Services, upon logging into your Membership account, by email to the email address listed in your Membership records, or by written communication sent by first-class mail or courier to your address on record for your Membership. Any notices from you to us must be sent to the designated contact address and must comply with these procedures to be effective.

Waiver

The failure of Casting Calls UK Ltd to exercise any rights under these Terms, or to acknowledge a breach by you, does not waive our right to subsequently enforce such terms or acknowledge subsequent breaches. The rights and remedies under these Terms are cumulative and the exercise of any right or remedy does not limit our right to exercise any other right or remedy.

Severability

If any provision of these Terms, other than the provision prohibiting class action as stated earlier, is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

Headings

Headings are provided in these Terms for convenience only and will not affect the interpretation of these Terms.

Third Party Beneficiaries

These Terms do not create rights enforceable by third parties.

Entire Agreement

These Terms and the policies incorporated by reference constitute the entire agreement between you and Casting Calls UK Ltd regarding the use of the Services. They supersede all prior agreements and understandings between you and Casting Calls UK Ltd relating to the subject matter hereof.

Copyright

Copyright © 2024, Casting Calls UK Ltd. All rights reserved. These terms ensure that all dealings between you and Casting Calls UK Ltd are governed by and construed in accordance with the laws of the United Kingdom.