Updated June 21, 2017
Agreement between user and ToniStaniewiczCasting.com/Casting Calls America LLC
Welcome to ToniStaniewiczCasting.com. The ToniStaniewiczCasting.com website (the "Site") is comprised of various web pages owned and operated by Casting Calls America LLC ("CCA"). ToniStaniewiczCasting.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of ToniStaniewiczCasting.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
ToniStaniewiczCasting.com provides talent/performer casting listing information and resources to publish and submit to such and is a software as a service (SaaS) platform.
TONISTANIEWICZCASTING.COM/CCA IS A TALENT LISTING SERVICE. THIS IS NOT A TALENT AGENCY CONTRACT. ONLY A TALENT AGENT LICENSED PURSUANT TO SECTION 1700.5 OF THE LABOR CODE MAY ENGAGE IN THE OCCUPATION OF PROCURING, OFFERING, PROMISING, OR ATTEMPTING TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR AN ARTIST. CASTING CALLS AMERICA LLC/ToniStaniewiczCasting.com IS PROHIBITED BY LAW FROM OFFERING OR ATTEMPTING TO OBTAIN AUDITIONS OR EMPLOYMENT FOR YOU. IT MAY ONLY PROVIDE YOU WITH LISTING INFORMATION. FOR MORE INFORMATION, CONSULT CHAPTER 4.5 (COMMENCING WITH SECTION 1701) OF PART 6 OF DIVISION 2 OF THE LABOR CODE. A DISPUTE ARISING OUT OF THE PERFORMANCE OF THE CONTRACT BY THE TALENT SERVICE THAT IS NOT RESOLVED TO THE SATISFACTION OF THE ARTIST/TALENT SHOULD BE REFERRED TO A LOCAL CONSUMER AFFAIRS DEPARTMENT OR LOCAL LAW ENFORCEMENT, AS APPROPRIATE.
Pursuant to California state law, CCA has posted a $50,000 bond issued by Western Surety Company, Bond No. 63226029, in the State of California.
Visiting ToniStaniewiczCasting.com or sending emails to CCA constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that CCA is not responsible for third party access to your account that results from theft or misappropriation of your account. CCA and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
CCA collects personally identifiable information from children under the age of eighteen. CCA collects this information for the following reason(s):
Information for children under 18 may be collected if submitted by a legal parent, guardian or other legally authorized representative for the purposes of performer casting submission.
Minors are not permitted to register for the Services and become account holders; only Authorized Representatives are permitted to use the Services on behalf of Minors. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement.
You may cancel your subscription and obtain a full refund, without any penalty or obligation, only if notice of cancellation is given, in writing, within 10 business days from the date on which you commence utilizing services. For purposes of this section, business days are Monday through Friday. To cancel and to receive a refund, email a written request with your name, email address and the language “I would like to cancel my subscription and receive a refund.” to email@example.com within those 10 business days. If you cancel within said timeframe, all fees will be refunded to you within 10 business days after delivery of the cancellation notice to the talent service. Refunds will not be issued past this date. Once your profile is posted, you are utilizing our services as a listing service.
You may cancel your monthly subscription at anytime prior to your monthly billing date to avoid the next month's charge. This option is found on the “Account” page accessible from the menu dropdown.
No refunds will be given after the initial 10 days.
Each time you access and/or use the Services, you agree to these Terms and any additional terms that may appear for the Services you select.
You Agree to Our Billing Terms
You agree to pay all fees and other charges at the prices then in effect for your use of the Services including any applicable taxes, and you authorize us to charge your payment provider for the Services, including any recurring fees using your billing Information.
Removal of Listing
Should you wish to have a profile you’ve created removed you may do so at anytime by selecting “Close Account” This option is found on the “Account” page accessible from the menu dropdown.
Links to third party sites/Third party services
ToniStaniewiczCasting.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of CCA and CCA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CCA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CCA of the site or any association with its operators.
Certain services made available via ToniStaniewiczCasting.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the ToniStaniewiczCasting.com domain, you hereby acknowledge and consent that CCA may share such information and data with any third party with whom CCA has a contractual relationship to provide the requested product, service or functionality on behalf of ToniStaniewiczCasting.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of CCA or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. CCA content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of CCA and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of CCA or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
CCA has no obligation to monitor the Communication Services. However, CCA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. CCA reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
CCA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CCA's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. CCA does not control or endorse the content, messages or information found in any Communication Service and, therefore, CCA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized CCA spokespersons, and their views do not necessarily reflect those of CCA.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to ToniStaniewiczCasting.com or posted on any CCA web page CCA does not claim ownership of the materials you provide to ToniStaniewiczCasting.com (including feedback and suggestions) or post, upload, input or submit to any CCA Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting CCA, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. CCA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in CCA's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated and administered by CCA from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the CCA Content accessed through ToniStaniewiczCasting.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless CCA, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. CCA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CCA in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CASTING CALLS AMERICA LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CASTING CALLS AMERICA LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CASTING CALLS AMERICA LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
CCA reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and CCA as a result of this agreement or use of the Site. CCA's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CCA's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by CCA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CCA with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CCA with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
CCA reserves the right, in its sole discretion, to change the Terms under which ToniStaniewiczCasting.com is offered. The most current version of the Terms will supersede all previous versions. CCA encourages you to periodically review the Terms to stay informed of our updates. Everytime you login to your account you are accepting the current terms and conditions.
CCA welcomes your questions or comments regarding the Terms:
Casting Calls America LLC
1700 Eureka Road Suite 150A
Roseville, California 95661
Updated June 21, 2017