Terms of use

Selfcast terms of use

1. TERMS OF USE

1.1 These terms of use (together with the documents referred to in them) (the “Terms of Use”) are the terms on which you may make use of our website www.selfcast.com, our mobile application (“App”) (collectively named “The Site”, “The Website” or “Selfcast”) and the related services (the “Services”). Our Services are provided to you by International Casting Group, Company no. 39603535 (referred to as “the Company”, “Selfcast” or “We”), Kjeld Langes Gade 5 B, kl., 1367 Copenhagen K., Denmark.

1.2 Please read these Terms of Use carefully before you start to use our Services. You may want to print a copy of these Terms of Use for future reference but remember to check back occasionally just in case we have updated them as we reserve the right to update these Terms of Use in accordance with paragraph 11.5.

1.3 By using our Services, you confirm that you agree to be bound by these Terms of Use (as may be amended from time to time). If you do not agree to these Terms of Use, please do not use our Services.

2. OTHER DOCUMENTS

2.1 These Terms of Use refer to the following additional terms, which also apply to your use of our Services:

Our privacy policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you confirm that all data provided by you is accurate.

3. SITE AND SERVICES

3.1 What our Site does

The purpose of our Services (the “Purpose”) is to provide a networking platform to connect Talents (actors, models, extras and the like) with Employers (Agents, Advertising Agencies, TV-stations, film companies and the like) who are searching for Talents to participate in ads, commercials, TV shows, feature films and the like.

Our Site offers many features, hereunder but not limited to, a comprehensive Talent Profile section that you must maintain yourself, including a feature to cast yourself with a mobile device (known as selfcast). You can search for jobs or have jobs offered and you can communicate with the Employers about job details, terms, salary and the like and finally the parties can sign a legally binding digital contract in case you accept the terms.

3.2 Our Services

Our Services include use of our site (including accessing, browsing, or registering to use our site) and all email notifications, applications, widgets, information, text, graphics, and material uploaded to our site by us from time to time (the “Selfcast Content”). We may update our site from time to time including to require our users to pay a fee for the use of our Services (a “Subscription”), and may change, suspend or discontinue the Services provided at any time without notice.

4. ACCESSING OUR SITE, REGISTRATION AND PAYMENT

4.1 Accessing our site and registration
We want to make sure that each user will do what they agree to do in these terms. So:

Our site is intended for 13 years of age or older.

You must provide the following information to the Company to register your account: a valid email address, your real name or organization details, and your location (to enable us to match our users according to their location). You agree to keep this information up-to-date and accurate at all times. You may be required to provide additional information, such as your address and credit and debit card details if you subscribe to our Services.

Our site is only intended for use by Talents and Employers with the purpose of hiring Talents for vacant jobs in commercials, TV, movies and the like.

If you are a Talent you may want to maintain your Profile with personal information of interest for Employers.

4.2 Payment

Selfcast provides the Services mentioned above of which some will only be activated if you are a paying subscriber. You can do so by adding credit card info in your profile. We do not store your credit card information. Selfcast uses YourPay to process all transactions and the transaction cost payable to YourPay is paid by Selfcast.

Refunds are only offered when errors in our Service is documented by you, i.e. by a screen dump, and if you contact us within seven days after you experienced the error.

5. YOUR ACCOUNT

You are responsible for all activity on your account using your username and password. If you suspect that anyone else knows your username or password, or has used your username or password to access our site, you must promptly notify us at support@selfcast.com.

6. USE OF OUR SITE

6.1 Your Use of Our Site

We respect yours and other users’ rights and in turn, we expect you to do the same. In using our Services, you may:

carry out actions and activities pursuant to your use of our Services for the Purpose of building and maintain a user profile, search and receive job offers, communicate and interact with other users, sign digital contracts between Talents and Employers and benefit from other features offered by us.

You will not use our site:

for commercial purposes, unless we have expressly permitted such use in writing;

to upload or send publically, or privately transmit, User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

to harm or exploit minors in any way;

to impersonate any person or entity, including a Selfcast director, administrator oremployee;

to falsely state or otherwise misrepresent your affiliation with a person or entity;

to forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Services;

to transmit any User Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationships;

to upload or privately share any User Content that infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any party;

to upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation;

to upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

to interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

to violate any applicable law;

to “stalk” another; or

to extract, collect, process, combine or store personal data about other users.You agree that your Activities will be in compliance with these Terms of Use and that the above restrictions apply to your Activities generally as well as to your use of our site.

6.2 Your Activities and User Content

You agree that your use of our Services and in particular, your Activities, will only be for the Purpose.

You agree that your Activities will comply with these Terms of Use, and you will be liable to us and indemnify us for any breach of that agreement. This means you will be responsible for any loss or damage we suffer as a result of your breach of these Terms of Use.

We have the right to use, copy, distribute and disclose to third parties any User Content for the purpose of promoting our site. We also have the right to disclose your identity to any third party who is claiming that any of your Activities constitutes a violation of their intellectual property rights, or of their right to privacy.

We also have the right to access, preserve and/or disclose your account information and/or your User Content if we are required to do so by law, it is required by any law enforcement agency or if required by us for the enforcement of these Terms of Use.

Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the user who originated such User Content. We do not control or monitor User Content uploaded to our site or privately transmitted by our users. We will not be responsible, or liable to any third party, for the User Content or accuracy, quality or integrity of any User Content posted by you or any other user of our site. Any use or reliance on any User Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We have the right to remove any posting or other material you make or upload on our site if, in our opinion, your post or material does not comply with the standards set out in our Terms of Use.

The views expressed by other users on our site do not represent our views or values.

Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

6.3 Content

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the Company Content or the User Content on our site is accurate, complete or up-to-date.

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the Contents of those sites or resources.

We do not guarantee or warrant that our Services will be free from errors or omissions.

7. SELFCAST RIGHTS

7.1 All rights, title and interests in and to our Services (excluding User Content), the user interface, graphics, editorial Selfcast Content, scripts and software are and will remain the exclusive property of Selfcast and its licensors. The Services are protected by copyright, trademark and other applicable laws. Subject to paragraph 7.2 below, nothing in these Terms of Use gives you a right to use or reproduce the Selfcast name or any or the trademarks, service marks, logos, domain names, and other distinctive brand features (“Brand Assets”). Any feedback, comments or suggestions you may provide regarding Selfcast, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

7.2 Selfcast grants to you a non-exclusive license to use and/or reproduce the Brand Assets for activities which fall within the Purpose, such use and activities to at all times adhere to these Terms of Use. You may only use the official Brand Assets. If you fail to use the Brand Assets in accordance with these Terms of Use we have the right to withdraw your right to use and/or reproduce the Brand Assets without notice and we may terminate your account in accordance with paragraph 10.

8. INDEMNITY

You agree to indemnify and hold Selfcast and its subsidiaries, affiliates, officers, agents and other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of User Content you publicly post or privately transmit through the Services, your Activities, your connection to the Services, your violation of these Terms of Use, or your violation of any rights of another (including but not limited to breach of third party intellectual property rights).

9. LIMITATION OF LIABILITY

9.1 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms that may apply to our site or any Content on it, whether express or implied.

9.2 Selfcast will provide the Services with reasonable care and skill. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, our site;

use of or reliance on any Selfcast Content or User Content displayed on our site; or

improper use of our Services (being used not in accordance with these Terms of Use and/or failure by a user to use their account properly).

9.3 You agree not to use our site for other commercial or business purposes than the Purpose set out in Paragraph 3 unless we have expressly permitted such use in writing, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9.4 Selfcast allows users to make connections but we don’t monitor how those interactions develop either online or offline. You should always comply these Terms of Use when dealing with users you make connections with on Selfcast. Selfcast accepts no responsibility for interactions between users offline.

9.5 Agreements entered into between Talents and Employers in the Site’s contract module are solely the responsibility of the contracting parties. Selfcast is exclusively a technology supplier and we are in no circumstances a contract partner in the user’s agreements with each other. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity you may experience as a result of the agreements you enter into with other users. This also applies to agreements you and other users or third parties have entered physically outside of Selfcast.

9.6 You are responsible for configuring your information technology hardware, computer programs and platform in order to access our site. You should use your own virus protection software. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful acts or material that may affect or infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Services or to your downloading of any Selfcast Content or User Content on our site, or on any website linked to it.

9.7 We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by use of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

10. TERMINATION

10.1 As set out at paragraph 3.2, we reserve the right to change, suspend or discontinue the Services at any time without notice. If we do so, we will make reasonable efforts to notify our users of such changes, suspension or discontinuance.

10.2 Your account may be terminated by Selfcast upon fourteen (14) days’ notice for any reason; or immediately if you:

breach these Terms of Use;

use the Service in breach of the Purpose.

10.3 If we terminate your account immediately for any reason, we will make reasonable efforts to notify you using the email address associated with your account or by notifying you the next time you attempt to access your account.

10.4 You may disable or delete e your account for any reason by deactivating your account and discontinuing your use of the Services. You do not need to specifically inform Selfcast when you stop using the Services.

See paragraph 6 (How long do we keep your personal data?) in our Privacy Policy for detailed information about disabling and deletion of your profile and personal data.

10.5 If you choose to terminate your account, we will continue to charge subscription fees and other fees until the end of the period for which you have subscribed or otherwise paid for.

10.6 You can terminate your subscription at any time and it will then cease at the end of the period for which you have subscribed.

10.7 We do not refund any amounts.

10.8 In all such cases, these Terms of Use shall terminate except that the following paragraphs shall continue to apply: 6, 7, 8, 9, 10 and 11.

10.9 Nothing in this paragraph 10 shall affect Selfcast’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in paragraph 3.2.

11. GENERAL TERMS

11.1 These Terms of Use and the documents referred to in these Terms of Use constitute the entire agreement between you and Selfcast, superseding any prior terms of use. You acknowledge and agree that in entering into these Terms of Use you have not relied on any statement, representation, undertaking or promise given or implied from anything said or written in communications between you and Selfcast prior to you commencing use of our Services. Nothing in this paragraph 11.1 excludes or limits liability for fraud or fraudulent misrepresentation.

11.2 These Terms of Use shall be governed and construed in all respects by the laws of Denmark. You agree that any claim or dispute you may have against Selfcast must be resolved by the courts of Copenhagen (“Courts”). You and Selfcast both agree to submit to the exclusive jurisdiction of the Courts.

11.3 If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically

assign these Terms of Use in our sole discretion in accordance with the notice provision below. You may not assign these Terms of Use without the prior written consent of Selfcast.

11.4 Your notices to us relating to illegal or infringing User Content and all other notices must be sent by email to: support@selfcast.com We will send notices to you via the email address you provide.

11.5 We may update these Terms of Use at any time, with the updates taking effect when you next access the Service or thirty (30) days after we post the updated policy on the site, whichever is sooner.

11.6 No term of these Terms of Use is enforceable by a person who is not a party to these Terms of Use made between you and Selfcast. The rights of the parties to terminate or agree on any variation under these Terms of Use are not subject to the consent of any person that is not a party to these Terms of Use.

CONTACT

Help on how you manage your personal profile on our site and the App is available through selfcast.com. If you have any questions, comments and/or requests regarding these Terms of Use, please contact us at support@selfcast.com

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