Auditionherohq.com As of May 17th, 2016
THIS USER AGREEMENT, AS MODIFIED OR AMENDED FROM TIME TO TIME AS PROVIDED HEREIN, IS A BINDING CONTRACT BETWEEN CASTMATE, INC and YOU.
Visitors to the Website and users of the Services are referred to herein individually as “User” and collectively as “Users”.
PLEASE READ THIS USER AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS USER AGREEMENT, THEN YOU CANNOT USE THE SERVICES.
2. DESCRIPTION OF THE SERVICES.
A. Our Professionals: The Website enables you to engage independent contractors (the “Contractors”) offering a variety of services (the “Contractor Services”) to Users. It is up to you, as the User, to select the Contractor most appropriate for your needs. Thus, and while CASTMATE seeks to offer the services of Contractors who are professional and accomplished in their field, CASTMATE makes no representations or warranties whatsoever as to the quality of the Contractor Services to be rendered by the Contractors, and all Users agree that neither CASTMATE nor its members, managers, owners, employees, representatives or agents will have any liability to Users in respect of the Contractor Services, and the Users hereby release CASTMATE and all such parties from any such liability.
B. Contractor Fees: The fees to be charged by the Contractors are as set forth on the Website, and the total fee will be a function of the hourly rate set forth thereon, multiplied by the Contractor’s time, with the time broken into increments of 30 minutes. Please Note: should a User reserve one hour of Contractor time, and exceed the amount of time reserved, the User will be charged for the additional time, plus an additional change fee (the “Additional Fee”, as set forth on the Website) for extending the time. For instance, if a User reserves an hour of the Contractor’s time and in fact uses 70 minutes of the Contractor’s time, the User will be charged for 90 minutes of the Contractor’s Services (i.e., the original hour plus the next 30 minute increment), plus the Additional Fee. Please Note: Both Contractor and User are required to notify CASTMATE via email or text that additional time is being reserved, with such notification to be sent at the time such additional time is being reserved. Please Note: Depending on his or her schedule a Contractor may not be available to provide Contractor Services for such additional time.
C. Reserving Space: Should you wish CASTMATE to reserve space (“Space”) so that a Contractor can provide Contractor Services CASTMATE will do so for the fees set forth on the Website. If a User wishes to extend the time the Space is rented it may (assuming the Space is available) do so, however if the request for the extended time is made during the time the Space is reserved (i.e., while the Contractor is rendering the Contractor Services), the User will be charged for the additional time plus a change fee as set forth on the Website. Please Note: When notifying CASTMATE that additional Contractor time is being reserved per B. above, Contractor and User should also notify CASTMATE via email or text that additional time for the Space is being reserved.
D. Eligibility: The Services are available only to Users who are at least 18 years old and who have not been suspended from using the Services. By using the Services you represent and warrant that you are at least 18 years old, and that you have not been so suspended.
E. Rescheduling: Should you wish to reschedule the time when Contractor Services are to be provided you may do so, subject to the agreement of the Contractor, which will be in the Contractor’s sole discretion. If you and the Contractor do so agree then each of you must notify CASTMATE promptly in writing (which may be by email or text), and before the originally scheduled time the Contractor Services were to be provided. If Space had been reserved for the originally scheduled time then CASTMATE will seek to reschedule the time for the Space, subject to User’s payment of any rescheduling fee set forth on the Website, as well as full payment for time the Space was originally scheduled if so required by the Space provider. If a Contractor cannot reschedule a time then you will still be obligated to pay for the Contractor Services and for any Space reserved.
F. Payment: Payment for all Contractor Services and for the rental of any Space via the Website is to be made by User via credit card (or any other payment method approved by CASTMATE) at the time the Contractor Services and the Space are reserved, with all payments to be made to CASTMATE. In no event is User to pay (i) Contractor directly for any Contractor Services reserved via the Website, or (ii) the Space provider directly for any Space rented via the Website.
The Services are offered to you at the rates set forth on the Website, as the same may be modified from time to time. You agree to pay CASTMATE the fees for all Services you use on or through the Website at the then-current rates published on the Website, including any applicable state and local taxes. Unless otherwise communicated to you by CASTMATE in writing, all fees and charges are nonrefundable, regardless of whether you use the Contractor Services paid for. CASTMATE may change the fees for the use of the Services, or add new fees or charges, at any time, provided such changes will not affect the fees charged for Services used or reserved by you prior to such changes.
Users may be permitted to post Contractor reviews on the Website, however all such reviews must be accurate, and made solely for the purpose of giving an honest appraisal of the Contractor Services provided. While CASTMATE will not generally edit or screen reviews, it reserves the right to delete any reviews if it so elects.
4. CONTACT INFORMATION
If you have any questions or concerns with respect to this User Agreement, the Website or the Services you may contact a representative of CASTMATE at legal @ castmate.co.
If you provide CASTMATE with any comments, reports, feedback, or suggested changes for the Services (together, “Comments”), CASTMATE shall have the right to use such Comments at its discretion, including, but not limited to the incorporation of any suggested changes into the Services and/or the Website and CASTMATE shall own all such changes, including all intellectual property rights therein (and by accepting this User Agreement you hereby assign all right, title and interest in any Comments to CASTMATE).
When using the Services you will be subject to any additional guidelines or rules applicable to specific features, products, or services which may be posted from time to time on the Website or otherwise made available to you on or through the Services (the “Guidelines”). All such Guidelines are hereby incorporated by reference into this User Agreement.
6. MODIFICATIONS TO TERMS.
CASTMATE may from time to time make changes to the terms of this User Agreement in its sole discretion, by updating this posting on the Website, and specifying the effective date of the new version of this User Agreement; however the terms in affect at the time you order any particular Contractor Services will continue to govern the rendering of such Contractor Services. Your continued use of the Services following the posting of any such changes constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website you should check to see if a new version of this User Agreement has been posted. The resolution of any dispute that arises between you and CASTMATE will be governed by the User Agreement in effect at the time such dispute arose. Please check this User Agreement and any Guidelines periodically for changes.
You represent and warrant that any information you provide to CASTMATE, whether in creating an account, ordering Contractor Services or otherwise, will be true, correct and complete, and you will immediately update such information should it change.
When you create an account with CASTMATE you will be asked to create a password, which you should keep confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you hereby accept responsibility for all activities that occur under your account. You also agree to immediately notify CASTMATE of any unauthorized uses of your account or if you believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password). You agree you will be liable for any losses incurred by CASTMATE or others due to any unauthorized or improper use of your account.
10. DISCLAIMER OF WARRANTIES.
You recognize that CASTMATE will have no control over the Contractors or any Space provided, and in no event will CASTMATE be liable for (i) the actions of any Contractors, or (ii) any loss, liability or damage suffered or incurred by a User by reason of the Contractor Services or what occurs in any Space.
The operation of the Website depends on factors such as the type of hardware, software, or network you are using, and the Website and/or the Services may not work on your computer, may be interrupted, may have errors in its operation, or may interfere or even harm the operation of your computer. CASTMATE does not warrant the successful operation of the Website or the Services on your computer, and it is not liable for any such problems that result from your use of the same.
UNLESS OTHERWISE EXPRESSLY STATED BY CASTMATE IN WRITING, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CASTMATE DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
CASTMATE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE OR THE SERVICES (OR THE SERVERS, OTHER HARDWARE OR SOFTWARE USED IN CONNECTION THEREWITH) WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR SECURE OR THAT DEFECTS WILL BE CORRECTED.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF AND TO THE EXTENT THESE LAWS APPLY TO YOU, THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET FORTH ABOVE OR ELSEWHERE IN THIS USER AGREEMENT MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS PER SUCH STATE LAWS.
11. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY.
IN NO EVENT WILL CASTMATE OR ITS CONTRACTORS, EMPLOYEES, AGENTS, MANAGERS OR PRINCIPALS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE WEBSITE OR THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (3) THE USE OF ANY CONTRACTOR SERVICES OR ANY ACTIONS TAKEN BY CONTRACTORS; OR (4) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT CASTMATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
IN NO EVENT WILL CASTMATE’S OR ITS CONTRACTORS’, MANAGERS’, EMPLOYEES’, AGENTS’, OR PRINCIPAL’S LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS USER AGREEMENT OR YOUR USE OF THE SERVICES (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR YOUR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
THESE LIMITATIONS OF LIABILITY AND DAMAGES ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY LINKED SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN CASTMATE AND RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKED SITES.
12. OWNERSHIP OF THE WEBSITE.
As between the Users and CASTMATE, the Website (including all “Materials”, as defined below) and the Services, and all intellectual property rights therein, are owned solely and entirely by CASTMATE. “Materials” means the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Website and the Services. Furthermore, all trademarks, service marks, and trade names contained in the Materials are proprietary to and owned by CASTMATE and/or third-party licensors. Your use of the Services does not grant to you ownership of any content, code, data or any part of the Materials you may access on or through the Website. Any commercial or promotional distribution, publishing or exploitation of the Materials is strictly prohibited unless you have received the express prior written permission from CASTMATE or the otherwise applicable rights holder. CASTMATE reserves all rights to the Materials not expressly granted in this User Agreement.
13. PROHIBITED CONDUCT.
You agree not to do, or attempt to do, any of the following, subject to applicable law:
a. access or use the Website or the Services in any way that violates or is not in full compliance with any applicable local, state, national or international law, regulation, or statute (including export laws), or for any purpose that is harmful or intended to or which does cause damages;
b. access, tamper with, or use services or areas of the Website that you are not authorized to access;
c. alter the Website;
d. use any robot, spider, scraper or other automated means or interface not provided by us to access the Website or extract data or gather or use information, such as email addresses, available from the Website or to transmit any unsolicited advertising;
e. frame any part of the Website, or link to the Website, or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose except as expressly permitted in writing by CASTMATE;
f. reverse engineer any aspect of the Website or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Website;
g. send to or otherwise impact us or the Website with harmful, illegal, deceptive or disruptive code such as a virus, “spyware” or other code that could adversely impact the Website;
h. take any action which might negatively impact the Services or the Website or its infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Website or the Services;
i. impersonate another person or access another person’s user account without that person’s permission;
j. distribute or upload any other person’s personal information without that person’s consent;
k. share CASTMATE issued passwords with any third party or encourage any other User to do so;
l. collect, or attempt to collect, personal information about other Users without their consent;
m. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, or features that enforce limitations on the use of the Services; or
n. modify, adapt, translate or create derivative works based upon the Services or the Website or any part thereof.
CASTMATE, in its sole discretion and for any or no reason, may terminate your right to use the Services, at any time, however it will not cancel Contractor Services and/or Space already reserved by User unless the User is in breach of this User Agreement, and upon any termination CASTMATE will refund any prepaid fees for Contractor Services that have not yet been provided, less any damages suffered by CASTMATE as a result of the User’s breach of this User Agreement.
15. THIRD-PARTY SITES, PRODUCTS, SERVICES AND LINKS.
The Service and/or the Website may now or in the future include links to other websites or services (“Linked Sites”). CASTMATE does not endorse any such Linked Sites or the information, material, products, or services contained on or accessible through Linked Sites. CASTMATE makes no express or implied warranties, including without limitation merchantability or fitness for a particular purpose, with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK AND CASTMATE WILL HAVE NO LIABILITY THEREFOR.
16. DISAGREEMENTS WITH THIRD PARTIES.
You alone are responsible for your involvement with any third parties (including Contractors or the providers of Space) through the Services. If you have a dispute with one or more of such third parties, you irrevocably and forever release CASTMATE (and its officers, managers, employees, agents, principals and contractors) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to promptly indemnify and hold harmless CASTMATE and its managers, employees, agents, principals and contractors from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your use or misuse of the Services, your use of the Contractor Services or any Space, your breach of this User Agreement (and any representation, warranty or agreement contained herein), or the violation of the rights of any other person or entity. Should you fail to so promptly indemnify CASTMATE or the other indemnitees CASTMATE reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to provide such indemnification, and you agree to cooperate with such defense of these claims.
18. DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE: COPYRIGHT INFRINGEMENT AND COUNTER-NOTICE
If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Website on in connection with the Services infringes your copyrights, you may notify us by providing our copyright agent with the following information in writing:
a. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
b. identification of the copyrighted work that you claim has been infringed;
c. identification of the material that is claimed to be infringing and information reasonably sufficient to permit CASTMATE to locate the material (for example, by providing a URL to the material);
d. your name, address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our designated agent (the “Copyright Agent”) to receive notification of claimed infringement can be reached at: legal @ castmate.co
It is our policy to terminate (in our sole discretion) in appropriate circumstances any account for repeated infringement of intellectual property rights, including copyrights, and we also reserve the right (in our sole discretion) to terminate an account for even one instance of infringement (and CASTMATE will not be responsible or liable for any such infringement by a third party).
If you believe that your content that was removed (or to which access was disabled) 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 material in your content, you may send a counter-notice containing the following information to the Copyright Agent:
a. Your physical or electronic signature;
b. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
c. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
d. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the courts in New York County, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, CASTMATE may send a copy of the counter-notice to the original complaining party informing that person.
Except as explicitly stated otherwise, legal notices will be served, with respect to CASTMATE at legal @ castmate.co , and, with respect to you, to the email address you provide to CASTMATE. Notice will be deemed given one business day after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, CASTMATE may give you legal notice by mail to any physical address you may provide. In such case, notice will be deemed given three business days after the date of mailing or posting, as applicable. You agree that all notices and other communications that CASTMATE provides to you electronically satisfies any legal requirement that such notice or communication be in writing.
20. ADDITIONAL TERMS
a. Severance. If any part of this User Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.
b. Jurisdiction. This User Agreement and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to the Website or the Services will be governed by the laws of the State of New York, without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and CASTMATE agree to submit to the personal and exclusive jurisdiction of the courts located within New York County, New York. You hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by New York or federal law.
c. Limitations on Actions. Any action concerning any dispute you may have with respect to the Website or the Services must be commenced by you within one year after the cause of the dispute arises, or the cause of action is barred.
e. No Waiver. The failure of CASTMATE to exercise or enforce any right or provision of this User Agreement, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or the right of CASTMATE to act with respect to subsequent or similar breaches. We suggest that you print out a copy of this User Agreement for your records.
f. Assignment. This User Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by CASTMATE without restriction. Any assignment attempted to be made in violation of this User Agreement will be void.
If you have a complaint, you may contact us at legal @ castmate.co
NOTICE RE: TRADEMARKS
The trademark “CASTMATE”, “AUDITION HERO”, and all other trademarks used in the Website or in connection with the Services are owned or used under license by CASTMATE. You may not use any such trademarks. All rights are reserved.
NOTICE RE COPYRIGHT OWNERSHIP: © 2016 CASTMATE, INC. U.S.A. All rights reserved.
All content on or comprising the Website is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors.