Terms of Use for Talent, Casting Directors and Talent Agents or agencies:

Please review these terms carefully. By the use of this web site (the site), you are agreeing to be legally bound by these TERMS OF USE (TOU). This day you agree to all policies and procedures that govern its use, and its terms may be updated or changed without notification.

GENERAL:

1. Direct Casting is part of Direct Casting, LLC. (DC) and henceforth in the document shall be referred as DC. When you choose to use this service (the service), you are agreeing to all the policies and procedures of this agreement, between you and DC.
2. DC, may make changes to this agreement, and will post such changes and updates on the site as time will allow.
3. YOUR CONTINUED USE OF THIS SERVICE NOW, OR FOLLOWING THE POSTING OF THE NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTENCE BY YOU OF SUCH RULES, CHANGES OR MODIFICATIONS.
4. DC may change, suspend or discontinue any aspect of the site and its services at any time, including but not limited to any use of DC software, database, or anything that is related to your participation, in the DC community and site to all parts without notice, and DC is in no way liable if and when such a suspension occurs.

REGISTRATION: In order to use the membership features of DC, i.e. software, community, tech support, and other features as defined now or in the future by DC, talent, Casting Directors, Talent Agents, Talent Agencies, Production Companies or Producer is required to register an account with Direct Casting/DC DIRECTLY TO OBTAIN ACCESS TO THIS SERVICE.

Talent Criteria for registration of the site, as solely defined and determined by DC, is that talent must either have professional representation or be a non-represented talent seeking representation by an agent/agency. DC defines professional representation as a talent agency that represents talent in any area DC services. It is solely within the discretion of DC, to choose whether or not DC will do business with that agency and allow access to the site.

Casting Directors Criteria for registration of the site, as solely defined and determined by DC, is that any producer, advertising agency, casting director, or director must be a working professional in the film, video and/or photography business, and hires actors and/or models for projects. Any Casting Director wishing to use the services of DC MUST be a registered member with DC in order to obtain information on talent or talent agencies or use any service DC may offer. This is a free service for any casting director approved for access to DC and its services.

Talent Agencies Criteria for registration of the site, as solely defined and determined by DC, is that any Talent agent or Talent agencies must be a registered member with DC and represent actors, models, and talent in the film, video, and photography business. DC reserves the right to refuse its services to any agent at anytime.

DC may update or change or revise this policy at any time.

Non-Transferable: Your registration with DC and the site are not transferable to any other party for sale or for lease.

1. MEMBERSHIP: Membership for DC services depend on what service is applied for (Talent, Casting Director, and Talent Agent). Every person or company wishing to use DC services must be a registered member, whether their service is free or paid. The current description of services and memberships is listed on informational pages on the site and will be reinforced before becoming a registered member. DC reserves the right to change its membership policy at any time without prior notice, and can make the decision to charge for other fees such as hosting for the photo files, video or other DC software and/or technical support. DC reserves the right to define those monies, subscription fees, billing and charges etc.
   
   
2. FEES: DC reserves the right at any time to charge for access to the site and its software and services as a whole. However, in no event will you be charged for access to the site and its service unless you agree to pay fees and have been notified in a reasonable amount of time.
   
   
3. PASSWORDS: The maintenance of your password(s) and/or project pin numbers and their confidentiality is the sole responsibility of the individual parties. Distribution of passwords to industry areas of use is to be determined by DC for use of the site. Once these passwords have been issued, it is the responsibility of the individual and parties that they represent to maintain personal use and conduct of the site. In the event of a breach of security, you will be liable for unauthorized use and damages that may incur to us or other parties. If you have discovered said breach, it is your responsibility to immediately contact Direct Casting by phone, e-mail, or writing. DC is not at any time responsible or liable for individuals that use your password(s) and/or project pin numbers and what they may do while in your account.
   
   
4. CONDUCT: The following rules govern and define our code of ethics for USE OF DC software and use of its community. All parties agree not to:
   
   
   1. Post email addresses, web address, IM, ICQ, or display any other personal contact information. (Except where specifically authorized)
      
      
   2. Submit, publish, or display on the site any defamatory, abusive, obscene, threatening, racially or sexually offensive or illegal material or any material or opinion that infringes on the rights or beliefs of others, or is a direct threat to any kind livelihood.
      
      
   3. Target DC or any affiliates, vendors, owners, or employees with abuse, either written or spoken, that would cause either stress or discomfort.
      
      
   4. Use a false email address, impersonate any other person(s) or act as any kind of representative falsely or otherwise mislead as to the origin of content user.
      
      
   5. Use DC Software or the site to sell or advertise for a specific purpose or promotion, unless authorized by DC. Use of the site in this way is strictly prohibited. The distribution of e-mails and/or messages to our membership or subscribers (talent agents, casting directors and talent), except as determined by DC, is also strictly prohibited.
      
      
   6. Involve or attempt to associate DC or any affiliates in any way with the posting or transmission of advertising, promotional materials, or any other form of solicitation except where authorized the use of any related DC name, image or materials, except where agreed upon and authorized by DC.
      
      
   7. Republish in any way shape or form written proprietary information from the site without written permission from DC.
      
      
   8. Abuse this code of ethics. You may without prior warning have your account terminated by DC. In the event of a serious violation (as determined by Consequences for Abusive Conduct), you will be denied access to DC and materials.
      
      
5. CONSEQUENCES FOR ABUSIVE CONDUCT: Not only does DC reserve the right to terminate your account but may file suit against you or any representative of your organization/representation if you are in violation as defined and determined by the consequences for abusive conduct. We may seek compensation from you for potential damage to our reputation caused by your actions. DC has the right and is obligated to work with authorities regarding any suspected violation of this code of ethics.
   
   
6. Reporting Abusive Conduct: To report abusive conduct, please contact us immediately by phone, e-mail, or writing. While we are under no obligation to police the site, we will try to remove or deal with any parties that are in violation.
   
   
7. LINKS: DC has on the site other related World Wide Web Internet sites and paid sponsors of DC. DC is not responsible for the availability of these outside resources and sponsors.
   
   
8. USE OF REGISTRATION DATA: You may regard this portion of the agreement as the privacy policy that DC adheres to. DC must and has the right to disclose your registration information, license etc. to any state or federal authorities that require them.
   
   
9. We may also use your name to promote use of the site and that you are a user of this site and its service.
   
   
10. SOFTWARE LICENCES: You shall have no propriety rights to software and related documentation, or any enhancements or modifications to software (DC Software). DC Software is protected by copyright and is owned and controlled by Direct Casting, LLC or a designated provider or partner of DC Software. DC may share its technology with strategic partners but is not responsible for malfunctions that may occur as a result of said partnerships. You shall not pass along to third parties to copy or use DC Software, to help and/or aid in another's design.
    
    
11. CONTENT: All materials published on the site (including but not limited to photographs, images, illustrations, audio clips and video clips) are known and recognized as "Content" and are protected by copyright laws. While talent are the owners of the file and its content and the agents and casting directors are the users of such, DC is the controller of the file, and has sole discretion as to its use and display. While talent owns the file, DC reserves the right, as controller of the file, to use the file as desired, such as marketing campaigns/contests to use on a non-exclusive basis. By doing so you grant DC and it's affiliates a royalty free, non-exclusive, non-terminable, perpetual right to license, but not the obligation to pay or be liable for any use pertaining to the talents individual file.
    
    
    1. Right of refusal: While the individual talent is the sole owner of the file and its content, DC is the controller and distributor of that file and its information, and reserves the right to deny the individual talent the ability to display materials that are in violation of the DC code of conduct and ethics. Please see above code of conduct and ethics article B & E.

12. LIABILTIES: DC and its employees, vendors or partners are in no way responsible for any third party costs that you may incur while using Direct Casting or any affiliated software. DC is in no way, shape or form responsible for lost time, wages, and reputation, punitive or otherwise, while using Direct Casting services. If there is any perceived hardware or software damage that may occur while using DC, DC is not responsible for repair and may at its discretion provide you with use of its resources (i.e. Tech Support, in person, via email or over the phone).
    
    
13. INTELLECTUAL PROPERTY: The content on the site, including but not limited to, graphics, logos, images, audio clips, images and artwork, is the exclusive property of Direct Casting, LLC and is protected by copyright, intellectual property and/or trademark laws.
    
    
14. DISCLAIMERS OF WARRANTIES: YOU AGREE THAT YOU USE THIS WEB SITE AT YOUR OWN RISK. OUR SITE IS PROVIDED ON AN "AS IS" AND "AS AVALIBLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, BUT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABLITY, OR PARTICUALR PURPOSE OF NON-INFRINGEMENT.

 

WE MAKE NO GUARANTEES THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE. WE IN NO WAY GUARANTEE THAT ANY INFORMATION FROM THE SITE IS IN ANY WAY RELIABLE OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS OBTAINED BY OR THROUGH TO MEET YOUR EXPECTATIONS.

ANY MATERIALS DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THIS SITE ARE AT YOUR OWN RISK. YOU ARE SOLEY RESPONSIBLE FOR ANY DAMAGE THAT MAY OCCUR TO YOUR COMPUTER WHILE USING THIS SERVICE OR ANY MATERIAL DOWNLOADED FROM THIS SITE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT DC, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, LICENCEES OR CONTENT PROVIDORS PROVIDE WILL BE LIABLE FOR DIRECT INCIDENTAL, SPECIAL PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM YOUR INABILITY TO USE THE SITE.