Terms of use - Applicant

MYCASTINGNET

TERMS AND CONDITIONS FOR APPLICANTS

The website https://www.mycastingnet.com/ (the "Website") is owned and operated by MyCastingNet Pty Limited (ACN 143 564 514) ("MyCastingNet", "we", "us", "our").

In these Terms and Conditions for Applicants ("Terms"):

  • "Producer" means a person or company that uses our casting services to create application forms for you to complete, and includes casting agents, directors, creators, staff and other representatives involved in making the relevant Program;
  • "Program" means the television show or other project that the Producer intends to make and for which it is seeking participants via the Website; and
  • "Producer's Terms" means the Producer's terms and conditions and/or privacy policy, which you are required to accept as a condition of making an Application.

These Terms apply to the facility provided by us via the Website (the "Facility") to enable applicants (the "Applicant", "you", "your") to prepare and submit an application to the Producer to participate in a Program (the "Application"). These Terms will automatically apply in relation to any Application prepared and submitted by an Applicant via the Website.

1. Acceptance of Terms

If you visit and access the Website, use the Facility and/or prepare and submit an Application, you accept and agree to be bound by these Terms. Do not use the Facility, Website and/or prepare or submit an Application if you do not accept these Terms.

You acknowledge and confirm that MyCastingNet may from time to time vary these Terms. It is your responsibility to make sure that you are familiar with the latest Terms. Continued use of the Facility, Website and/or preparing and submitting the Application represents your agreement to be bound by the Terms as amended.

2. Producer's Terms

You may be required to accept the Producer's Terms in respect of the Application. In that event, the Producer's Terms operate independently of these Terms.

In order to complete the Application, you may be required to be of a certain minimum age as is specified in the Producer's Terms for the relevant Application. If you are under a particular age, you may be required to obtain explicit consent from your parent or legal guardian to complete the Application.

3. The Facility

You acknowledge that we merely provide the Website as a facility for you to make an Application. We are not responsible for the Application itself or for assessing your Application or for any other matters that may be relevant to your potential or actual participation in the relevant Program.

4. Use of Personal Information

As part of the Application, you will be asked to submit information about yourself which may include personal information, being information which identifies you, such as your name, contact details, and other information as requested by the Producer in the Application (the "Application Data"). The collection, handling, use and disclosure of your personal information will be governed by the Producer's Terms. Our Privacy Policy will also apply in respect of your Application Data: https://www.mycastingnet.com/privacy-policy/.

You acknowledge and confirm that ownership of the Application Data (including without limitation, intellectual property rights or other proprietary rights) shall also be governed by the Producer's Terms in respect of the Application.

5. Intellectual Property Rights

You acknowledge and confirm that, MyCastingNet retains all intellectual property rights associated with the Website and Facility, and (to the extent that intellectual property rights in the Application are not owned by the Producer) the Application, and no rights or licenses in respect of intellectual property are granted to you, whether expressly, by implication, estoppel or otherwise.

6. Limitation of Liability

We provide you access to the Website and Facility only for the purposes of enabling you to prepare and submit the Application to the Producer. You should carefully consider whether or not to prepare and submit the Application. MyCastingNet is not responsible for the Application and the Application Data and makes no representations or guarantees or warranties as to the accuracy of the Application, the Application Data or the outcome of the Application. MyCastingNet accepts no responsibility for the Application, the Application Data or the outcome of the Application and we shall not be liable for the conduct of any Producer.

To the maximum extent permitted by law, under no circumstances will MyCastingNet be liable to you for any loss, damage, injury to you, you property or your reputation that arises in connection with your use of the Website, Facility and/or in respect of the Application and/or the Application Data, whether arising in contract, tort (including negligence), breach of duty or otherwise and whether the loss of damage is direct, indirect, consequential (including without limitation loss of data, loss of profits, loss of goodwill or business or anticipated savings, and incidental loss), general, special or compensatory, including any damages arising from the reliance of a Producer or another third party on the information that you prepare and submit in the Application.

7. Use of the Website and Facility

You may not use the Website or Facility if you are directly or indirectly involved in a competitor of MyCastingNet, such as any business that provides casting application services.

You undertake not to submit any information or content to the Website, Facility and/or in the Application which:

  • infringes the intellectual property rights, privacy rights or any other rights of any person or entity;
  • breaches any law;
  • is offensive, threatening, harassing, obscene, pornographic, fetish, false or unreliable;
  • is misleading or deceptive;
  • is considered spam or unwanted advertising of products or services;
  • contains viruses, trojans or any other material designed to impair, destroy or interrupt the performance of any service, platform, system, hardware or software; or
  • is in the reasonable opinion of MyCastingNet a possible or attempted breach or violation of any of the matters in sub-paragraphs (a) to (f) above.

You undertake not to:

  • access or tamper with any areas of the Website and/or Facility not intended to be accessible to you;
  • access or attempt to access or disclose information intended to be confidential by a Producer or MyCastingNet;
  • attempt to test or test the vulnerability of the Website and/or the Facility;
  • bypass or attempt to bypass any security features of the Website and/or the Facility;
  • circumvent or attempt to circumvent any technological measure implemented by MyCastingNet or any other third party to protect the Website and/or the Facility; or
  • attempt to interfere or interfere with the Website and/or the Facility in any way including by reverse engineering, decompiling, disassembling, modifying or attempting to extract the source code of the Website and/or the Facility; or
  • is in the reasonable opinion of MyCastingNet a possible or attempted breach or violation of any of the matters in sub-paragraphs (a) to (f) above.

8. Access to the Website and Facility

MyCastingNet makes no representation or guarantee that access to the Website, Facility and/or the Application will be secure, uninterrupted or error free.

MyCastingNet is not responsible for the suspension of or interruption to the Website, Facility and/or the Application or any part thereof, regardless of the cause of such interruption or suspension.

You acknowledge and confirm that the Website, Facility and/or the Application may be temporarily unavailable.

MyCastingNet may change the Website, Facility and/or or any part thereof at any time and without notice or liability to you.

MyCastingNet may change any features of the Website and/or the domain name used to access the Website at any time and without notice or liability to you.

MyCastingNet may, in its absolute discretion and without notice to you, deny you access to the Website and/or Facility any part of the Website and/or Facility at any time and for any period of time.

9. Termination

MyCastingNet reserves the right to immediately, and without notice to you, terminate your right to access and use of the Website, Facility and/or to prepare and submit an Application for any reason, including if:

  • you fail to comply with any provision of these Terms; or
  • you misuse the Website, Facility and/or the Application or fail to comply with your obligations as to the use of and access to the Website, Facility and/or the applicable Application.

If you are in breach of these terms, MyCastingNet reserves the right, in its sole discretion, to refuse to allow Application Data to be uploaded, transmitted or stored via the Facility, or to remove any Application Data at any time without notice or liability to you.

Your obligations under these Terms in relation to Intellectual Property Rights and Limitation of Liability survive the termination of these Terms.

10. General

These Terms constitute the entire agreement between the parties and supersede all prior representations, agreements, statements and understanding, whether verbal or in writing.

These Terms are governed by the laws of New South Wales, Australia and you irrevocably and unconditionally submits to the jurisdiction of the courts of New South Wales and courts of appeal from them.

11. Contact

If you have any questions regarding these Terms or the Facility or Website, please contact MyCastingNet Pty Ltd by email: casting@mycastingnet.com. You can also contact us by mail at the following address:

MyCastingNet Pty Ltd
Level 2, 341 Barrenjoey Road, Newport Beach,
New South Wales, Australia, 2106