Terms of Service

Terms of Service

April 17, 2014

 

The Site

Welcome to the website located at http://www.jscasting.com  (the “Site”), operated by JS Casting, Inc. (“JS Casting,” “we” or “us”).  Please read these Terms of Service (this “Agreement”) and accompanying Privacy Policy carefully.  By submitting a show application, signing up for our newsletter, or otherwise using or accessing the Site, you unconditionally accept and agree to be bound by the practices and policies outlined herein.  If you object to any of the terms and conditions of this Agreement, or of the Privacy Policy, do not use or access the Site.

Modifications

JS Casting may modify this Agreement from time to time.  Any such modifications will be posted on this web page and will become effective immediately.  It is your responsibility to check the Site periodically.  Your continued use or accessing of the Site following the posting of any such modifications constitutes your unconditional acceptance of same.  Further, JS Casting may modify, suspend or discontinue the Site (or any part thereof) with or without notice.  JS Casting assumes no liability for any such modification, suspension or discontinuance.

Eligibility

This Site is offered and made available only to users eighteen (18) years of age or older who reside in the United States, its territories or possessions.  By using or otherwise accessing the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by its terms and conditions.

Intellectual Property

The content, information, designs, code, and materials associated with the Site (the “Content”) are protected by intellectual property and other laws.  You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions.  Subject to this Agreement, you may access and use the Site only for your own personal, non-commercial use.  We reserve all other rights to the Site and the Content, and you may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Site or the Content without our express written permission.

User Submissions

The Site may permit you to submit show applications to us, which may include audio, video, text, your name, voice, likeness  and other information and materials (collectively, “User Submissions”).  When you provide User Submissions, you grant to JS Casting, its directors, officers, employees, shareholders, contractors, partners, licensees, affiliates, agents and other representatives of each of them and all of their successors and assigns, a nonexclusive, irrevocable, worldwide, royalty-free, fully transferable and sublicenseable license to use, copy, distribute, modify, display, publish, perform, reproduce, sell, and create derivative works of those User Submissions  in any form or kind, whether now known or hereinafter developed.  You represent and warrant that you have all rights necessary to grant to JS Casting the above license, and that none of your User Submissions violate any third-party rights (including, without limitation, intellectual property, publicity and privacy rights) or any applicable law.  You hereby waive any moral rights you may have in your User Submissions.  Each show application may have additional submission guidelines and requirements, which shall be in addition to the terms of this Agreement, and which shall, in no event, limit the applicability of the terms hereof.

Third-Party Content

We occasionally provide third-party content or link to third-party websites on this Site.  We do not necessarily endorse or evaluate such content and links, and we do not assume responsibility for third-party acts or omissions in connection with such content or links.  You should review third-parties’ terms of service and privacy policies before you use their services.

Non-Endorsement

The use of any trademark, service mark, logo or other mark in connection with the Site is not meant to imply the endorsement of the owner of such mark.

 Acceptable Use

Without limiting any other provision in this Agreement, you may not use or access the Site to do any of the following:
• Link to the Site from a site or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;

• Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit; or

• Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights);

• “Frame” or “mirror” the Site, display the Site in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between JS Casting and any third party;

• Advertise or promote goods or services without our permission (including, without limitation, by sending “spam”); or

• Transmit files that contain viruses, spyware, adware, or other harmful code, or otherwise attempt to harm the Site

Equal Opportunity Employer

JS Casting is an equal opportunity employer.  We recruit, employ, train, compensate and promote regardless of race, religion, color, sexual orientation, nationality, gender, ethnic origin, disability, age, sex, gender expression, gender identity, veteran status, marital status or any other personal characteristic protected by applicable local, state or federal law.

 Indemnification

You will indemnify, defend and hold harmless JS Casting, its directors, officers, employees, shareholders, contractors, partners, licensees, affiliates, agents and other representatives of each of them and all of their successors and assigns (collectively, the “Indemnified Parties”) from and against all claims, costs (including attorneys’ fees), damages, liabilities, and expenses or obligations of any kind in connection with your use or misuse of the Site (including, without limitation claims arising from your User Submissions).  JS Casting retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim.  You may not settle any claim covered by this Section without our express written consent.

Disclaimers; Limitation of Liability

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SERVICES, FUNCTIONS AND SOFTWARE MADE AVAILABLE ON OR ACCESSED VIA THE SITE, ARE PROVIDED “AS IS.”  YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK.  IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE.  THE INDEMNIFIED PARTIES DISCLAIM, TO THE FULLEST EXTENT OF THE LAW, ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.  THE INDEMNIFIED PARTIES DO NOT WARRANT THAT: (1) THE SITE, OR ANY OF THE CONTENT, SERVICES, FUNCTIONS OR SOFTWARE CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR-FREE; (2) ANY DEFECTS WILL BE CORRECTED; (3) THE SITE OR THE SERVERS HOSTING THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THE SITE, OR ANY INFORMATION AVAILABLE VIA THE SITE, WILL CONTINUE TO BE ACCURATE OR AVAILABLE.  THE INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH THE SITE, INCLUDING, WITHOUT LIMITATION, YOUR USER SUBMISSIONS, EVEN IF FORESEEABLE AND EVEN IF AN INDEMNIFIED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING THE FOREGOING, THE INDEMNIFIED PARTIES’ TOTAL LIABILITY IN CONNECTION WITH THIS AGREEMENT, including without limitation, THE SITE AND YOUR USER SUBMISSIONS, SHALL NOT EXCEED $500.  ANY CLAIMS BROUGHT BY YOU IN CONNECTION WITH THE SITE OR THIS AGREEMENT MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES IN CONNECTION WITH THE INDEMNIFIED PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY CONTENT, INCLUDING, WITHOUT LIMITATION, USER SUBMISSIONS, OWNED OR CONTROLLED BY THE INDEMNIFIED PARTIES.

YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED.  ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF IMPLIED WARRANTIES OR OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Governing Law, Venue, and Jurisdiction

This Agreement, and all claims in connection with this Agreement, shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law principles.  With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the state and federal courts in New York, New York.  Notwithstanding any other provision of this Agreement, JS Casting may seek injunctive or other equitable relief from any court of competent jurisdiction.  Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Site or this Agreement within one (1) year after such claim or action arises.  Otherwise, you waive such claim or action.

Arbitration

JS Casting may elect to resolve any controversy in connection with this Agreement by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, and you hereby consent to such election by JS Casting.  Unless we establish a different location, arbitration hearings will be held in New York, New York.  The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.

 Waiver; Severability; Entire Agreement

Our failure to exercise or enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision.  If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not impair, affect or render invalid or unenforceable any other provision of this Agreement, and such invalid or unenforceable provision shall be replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.  This Agreement, along with the Privacy Policy, constitutes the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof.

Contacting Us

If you have any questions regarding this Agreement, please contact us in any of the following ways:
General e-mail address: casting@jennifersullivancasting.com

Postal address: 469 7th Avenue, Suite 712, New York, NY 10018

General phone: (212) 359-9454

General Fax: (212) 590-6162