The Service is made available by Backlot Casting, LLC (“Backlot Casting”). Backlot Casting is a simple online platform that allows professional actors using the Actors Portal (“Talent”) to submit self-tapes and other audition material, including resumes, demo reels and pictures, which may be viewed by agents, directors, producers, casting agents and other executives using the Executive Portal “(Talent Seekers”) and other clients who access the Backlot mobile app and website (collectively “Users”).
MODIFICATION OF TERMS
We reserve the right at any time to change any of these terms and conditions or any information contained in our platform, including but not limited to the charges associated with the use of our platform. If these terms and conditions do change, we will alert you by sending you an email detailing the changes and requesting that you accept the new terms and conditions.
If you do not like the new terms and conditions, you are free to reject them, but this will mean you will not be able to use our platform any longer. If you use our platform in any way after changes to these terms and conditions are effective, then that will represent your agreement with those changes.
SUSPENSION OF SERVICE
We also reserve the right to alter, change or terminate any aspect or functionality of our Services at any time without notice.
Backlot recognizes that the traffic of data through the Internet may cause delays during the download of information from the Site and App and accordingly, you agree that you shall not hold Backlot Casting liable for delays that are ordinary in the course of Internet use. You further acknowledge and accept that the Site and App will not be available on a continual twenty-four-hour basis due to such delays, or delays caused by the Company’s upgrading, modification, or standard maintenance of the Services.
Mobile Services. The App is accessible via a mobile phone, tablet or other wireless device (collectively, “Mobile Services”). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the App and the related Mobile Services must be strictly in accordance with this agreement.
The Services and the Backlot mobile app and website is not intended to be used by individuals that are under 16 years old. If you are under 16 they your parent or legal guardian may use the site on your behalf and with their consent. If any law, foreign or domestic, requires an individual to be older to use and/or access the Services, then the older age shall apply. In order to make sure that only those over 16 can access the Services, you may be required to attest to you age and/or provide proof of age, such as a credit card. Parents and Guardians must provide consent to share children’s information and control the use of the account and its functions at all times. It is the User’s responsibility to comply with all applicable laws, foreign or domestic, regarding minimum age requirements when engaging Talent or otherwise using the Services.
If you become aware that you or somebody you know has provided us with personal information of individuals that are under 16 without the consent of their parent or guardian, please contact us immediately at [email protected]. We do not knowingly collect personal information from children under 16 without consent of their parent or guardian. If we become aware that a child under 16 has provided us with personal information without such consent, we will take steps to remove such information and terminate any such accounts created by children under 16.
ACCESS TO THE BACKLOT CASTING MOBILE APP
The following terms apply to your use of our App that is accessed through or downloaded from any app store or app distribution platform (like the Apple App Store or Google Play, who are referred to below as an “App Provider”).
These Terms are concluded between us, and not with the App Provider. We are responsible for the App (not the App Provider).
The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
The App Provider is not responsible for addressing any claims you have relating to the App or your possession and use of the App, including, but not limited to: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
Terms for Talent
This section solely applies to Talent using the Services.
You represent and warrant that all information, measurements, content, photographs, videos, postings and past work/project history that you upload to the Service at the time of registration and thereafter will be true, accurate, current and complete and you agree to update such content as necessary to maintain its truth and accuracy. You also represent that you are using these services for professional purposes and not personal use.
You are solely liable for any contractual obligations with Talent Seekers and compliance with any collective bargaining agreements.
Billing and Fees
You agree to pay the Fees in connection with access to the Services. By agreeing to these terms and accessing the Services through the Actors Portal, you authorize Backlot Casting, LLC to charge your on-file credit card, or other approved methods of payment for fees that you authorize Backlot Casting to satisfy. Depending on the billing submitted, Backlot Casting may charge you on a one-time or recurring basis.
You may cancel your subscription at any time by accessing your Backlot account but Backlot Casting does not offer refunds. If you cancel your subscription you will not be billed in the next billing period.
Terms for Talent Seekers
This section solely applies to Talent Seekers using the Services
You are solely liable for any contractual obligations with Talent and compliance with any collective bargaining agreements.
In registering as a Talent Seeker you represent and warrant that your information is correct and that you are solely using the Services as a professional for the purpose of hiring Talent for photo shoots, live performance or videos for professional purposes. You represent and warrant that the information you provide will be true, accurate, current and complete, including, but not limited to any payment information you provide.
GENERAL TERMS AND CONDITIONS
No Violation of Other Obligations.
You are solely responsible for your interaction with other users of the Services, whether online or offline (e.g., face to face meetings). You agree that Backlot Casting is not responsible or liable for the conduct of any User. You agree that Backlot Casting is not responsible for any representation that Users make, including representations regarding the accuracy of Content posted by Talent or Talent Seeker, and Talent’s representations regarding her or his appearance and/or age. To the fullest extent permitted by law, Backlot Casting disclaims any responsibility or liability for any misrepresentation made by Users either directly or indirectly. Backlot Casting reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
You must not change, modify, adapt or alter the Services or change, modify or alter another website so as to falsely imply that it is associated with the Services or the Backlot mobile app and website.
You must not interfere or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Backlot page or content is rendered or displayed in a user’s browser or device.
You agree not to use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of and access to the Services.
Intellectual Property and Content Rights, Use and Restrictions
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links, job listings, and other content or materials (collectively, “Content”) that you submit, post or display on or via the Services. The Service may record the location of any device from which the Content is uploaded to the Service and You consent to Us transmitting, collecting and processing and use of Your Location Content.
License to Backlot Casting. Backlot Casting does not claim ownership of any Content that you post on or through the Services. Notwithstanding, you hereby grant to Backlot Casting a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to display the Content that you post on or through the Services.
Backlot Casting Content. The Services contain content owned or licensed by Backlot Casting (“Backlot Casting Content”). Backlot Casting Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Backlot Casting, Backlot Casting owns and retains all rights in the Backlot Casting Content and the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Backlot Casting Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Backlot Casting Content.
Backlot Casting Name and Logo. The Backlot Casting name and logo are trademarks of Backlot Casting, LLC, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Backlot Casting LLC. All page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Backlot Casting, and may not be copied, imitated or used, in whole or in part, without prior written permission from Backlot Casting.
You irrevocably grant Backlot Casting a perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody feedback, whether in whole or in part, and whether as provided or as modified.
We may remove, edit, block or monitor any Content or user accounts from the Service at any time, without notice. Content removed from the Service may continue to be stored by Backlot Casting, including, without limitation, in order to comply with certain legal obligations.
Your permission to use Backlot’s Services is conditioned upon the following use restrictions and conduct restrictions: You agree that you will not under any circumstances:
-post any information that is abusive, threatening, obscene, pornographic, defamatory, libelous, or racially, sexually, religiously or otherwise objectionable and offensive in the opinion of Backlot management and staff;
-Infringe on anyone’s intellectual property rights, defame, harass or abuse anyone or any group, impersonate anyone, or otherwise violate the rights of a third party interfere or attempt to interfere with the proper functioning of Backlot’s Site and Services, or hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of Backlot’s websites and services, those of its partners, or its users’ computers make any automated use of the system or take any action that we deem to impose or to potentially impose unreasonable or disproportionately large load on our (or our third-party providers’) servers, system and network infrastructures
-bypass any robot exclusion headers or other measures we (or our third-party providers) take to restrict access to our Site and Services, or use of any technology, or device to scrape, spider, or crawl our website or harvest or manipulate data; publish or link to malicious content intended to damage or disrupt another user’s browser or computer or prevent their access to the Services.
Do anything else which, at the sole discretion of Backlot, could bring Backlot into disrepute, or which violates the rights of any person.
Backlot’s Services allow messaging and sharing of information in many ways, such as your profile, work, and electronic communications. By posting information or sending messages, you authorize us to display and transmit such Content in accordance with the preferences you set on Services. You acknowledge that the Content you post may be seen by other Talent and/or Talent Seekers. However, Backlot Casting has the right to monitor any and all communications made by Clients and other users of the Services. Backlot Casting disclaims any responsibility or liability for any claim or cause of action that may result from your posting of Content and who accesses such Content.
NO SEXUAL HARASSMENT
Backlot will not tolerate sexual harassment, which includes harassment based on gender, pregnancy, childbirth or related medical conditions, or sexual orientation. Nor will we tolerate harassment on the basis of race, color, religion, national origin, ancestry, age, marital status, registered domestic partner status, physical disability, mental disability, medical condition, or on any other basis prohibited by federal, state or local law, statute, regulation, or ordinance. Sexual Harassment by Talent Seekers or Talent is prohibited. Prohibited harassment includes verbal, physical, and visual conduct that creates an intimidating, offensive or hostile working environment or that interferes with work performance.
Such conduct constitutes harassment whenever: (1) submission to the conduct is either an explicit or implicit term or condition of employment; (2) an employee’s reaction to the conduct is used as a basis for employment decisions affecting that employee; or (3) the conduct has the purpose or effect of interfering with the employee’s work performance or creating an intimidating, hostile or offensive working environment.
Sexual harassment includes demands for sexual favors, conditioning an employment benefit on receipt of sexual favors and treating an employee in an adverse manner for refusing to engage in sexual conduct. No person should be subjected to unsolicited and unwelcome sexual overtures. Nor should any Talent be led to believe that an employment opportunity or benefit will, in any way, depend upon “cooperation” of a sexual nature.
All users of the Site and App must conduct themselves in a professional nature.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. Backlot respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, Backlot has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of Backlot’s Site and Services who are repeat infringers. Backlot may terminate access for participants or users who are found repeatedly to provide or post protected third-party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to Backlot’s designated copyright agent at: Doan-Bezner Attorneys at Law 6411 Seabryn Drive, Rancho Palos Verdes, CA 90275-4755
The date of your notification;
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
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.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
Your physical or electronic signature;
A description of the content that has been removed and the location at which the content appeared before it was removed;
a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
If a counter-notice is received by Backlot’s copyright agent, Backlot may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the days or more after receipt of the counter-notice. copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Backlot’s discretion) be reinstated on the Services in 10 to 14 business days.
Third Party Links
Third-Party Services or Features. There may be links from the Services, or from communications you receive from the Services, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Services. The Services may also include third-party content that we do not control, maintain or endorse. Functionality on the Services may also permit interactions between the Services and a third-party web site or feature, including applications that connect the Services or your profile on the Services with a third-party web site or feature. You expressly acknowledge and agree that Backlot Casting is in no way responsible or liable for any such third-party services or features. Your correspondence and business dealings with third parties found through the Services are solely between you and the third party.
Third-Party Content. By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Backlot Casting does not and is not required to review this content. You agree that Backlot Casting is not responsible for any content of third-parties or for any damages as a result of your use of or reliance on it.
Backlot Casting is not an Employer or Agent
You acknowledge and agree that your relationship with Backlot Casting is not a confidential, fiduciary, or other type of special relationship nor is Backlot Casting an agent or employer. Backlot Casting is merely offering a facilitation platform for Talent and Talent Seekers. You agree that using the Services does not make you an employee of Backlot Casting nor does it form a joint venture, contractor or co-venturer relationship with Backlot Casting in any way. None of your Content will be subject to any obligation of confidence on the part of Backlot Casting, and Backlot Casting will not be liable for any use or disclosure of any Content you provide. You agree that Backlot Casting will not be required to provide any benefits, nor will it be responsible for paying any taxes arising from your use of the Services in any way. You are solely liable and required to pay any such taxes.
TO THE EXTENT ALLOWED UNDER THE LAW, Backlot Casting (A) DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G., WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDES THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED UNDER LAW, BACKLOT CASTING LLC AND ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYERS AND AGENTS, SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS, FAILURE TO BE COMPENSATED FOR WORK, FAILURE OF TALENT TO PERFORM, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT). TO THE EXTENT PERMITTED UNDER LAW, BACKLOT CASTING LLC SHALL NOT BE LIABLE TO CLIENTS FOR ANY DAMAGES, INCLUDING PROPERTY DAMAGE AND BODILY INJURY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY POTENTIAL CASTING OR ACTUAL CASTING OF TALENT. IN NO EVENT SHALL THE LIABILITY OF BACKLOT CASTING LLC EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, US $1,000. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BACKLOT CASTING AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G., WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF BACKLOT CASTING HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
Whether you are Talent or a Talent Seeker you are solely responsible for your safety and should exercise caution and judgement before exchanging personal information, meeting in person or attending a shoot. You agree that Backlot is not liable for any act or omission arising from any communications, transactions, interactions or meetings between Talent and Talent Seekers. You hereby release Backlot Casting, our affiliates, and our members, officers, directors, employees, agents, successors, assigns, and service providers (including payment card networks) from any and all claims, demands, liabilities, losses and damages of every kind and nature arising out of or in any way connected with any disputes arising from or related to any interaction between Talent and Talent Seekers regardless of whether it takes place through the Services or offline/in person. In addition, you expressly waive the provisions of California Civil Code §1542, which says:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.”
Dispute Resolution Arbitration and Choice of Law.
All contested matters arising from an alleged breach of the terms of this Agreement other than breach of confidentiality obligations shall first be submitted to mediation before a retired Judge through JAMS, Inc. (formerly known as Judicial Arbitration and Mediation Services, Inc.). If the disputes between the parties are not resolved in mediation, the disputes shall be brought before a retired Judge, acting through JAMS, Inc. selected by mutual agreement of the Parties, and if the Parties are unable to agree, a retired Judge assigned by JAMS, acting as Arbitrator through JAMS, Inc. The arbitration Hearing shall take place after reasonable discovery and within 10 months of the Demand for Arbitration is filed by one of the parties hereto. The decision and the Order of the arbitrator regarding said contested matter(s) shall be final and binding upon all Parties.
To the extent permitted by law, you waive any rights to pursue class action claims against Backlot Casting. You may opt out of the foregoing arbitration and class action waiver provision of this Agreement by notifying Backlot Casting in writing within 30 days of the date you first registered for the Site.
To opt out, you must send a written notification to Doan-Bezner Attorneys at Law ATTN: Backlot Casting, 6411 Seabryn Drive, Rancho Palos Verdes, CA 90275-4755, that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver provisions.
You agree that any cause of action related to or arising out of your relationship with Backlot must commence within One year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
CALIFORNIA CONSUMER NOTICE.
Under California Civil Code Section 1789.3, California users of Backlot Casting’s services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.