AGREEMENT BETWEEN USER AND WWW.MUSICIANCASTING.COM
Welcome to www.musiciancasting.com. The www.musiciancasting.com website (the "Site") is comprised of various web pages operated by Musician Casting, LLC ("Musician Casting"). www.musiciancasting.com is offered to you ("You") conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.musiciancasting.com constitutes your agreement to all such Terms. These Terms of Service set forth a binding agreement between you and Musician Casting, LLC. Please read these terms carefully, and keep a copy of them for your reference. If you do not accept the Terms please do not use Musician Casting Site, Services, or Applications.
www.musiciancasting.com is a Social Networking and Casting Site
Musician Casting, LLC is a software development company offering an elite casting service for musicians, crew, and music professionals in the music industry. Musician Casting Site and Application is designed to connect Musicians and Crew to Music Professionals such as (but not limited to) Management, Record Labels, Music Directors, and Agents. Music Professionals can create free profiles to past opportunities and gigs for Musicians and Crew to submit to. Musicians and Crew pay a subscription to have a profile on Musician Casting and be able to submit to these opportunities and gigs. Upon Submitting, their profile information and contact information is sent directly to these Music Professionals. Musician Casting is a public forum and in that Musician Casting assumes no liability for false information or connections which result in any unlawful conduct or damages.
PRIVACY
Your use of www.musiciancasting.com is subject to Musician Casting's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
ELECTRONIC COMMUNICATIONS
Visiting www.musiciancasting.com or sending emails to Musician Casting 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.
USER PROVIDED CONTENT
Portions of the Site may allow you and other Users to upload or transmit data including but not limited to contact information, resume, photos or other materials to or through the Site ("User Provided Content"). For User Provided Content, Musician Casting is merely hosting and providing access and warrants no User Provided Content posted to the Site.
The decision to submit User Provided Content to the Site is your responsibility and you should only submit content that belongs to you or that will not violate the rights of others. Be aware that content belongs to the creator of that content and you should not reproduce or submit anything without permission of the owner. By submitting User Provided Content, you represent, acknowledge, and warrant (a) that you have the right to do so or that you have obtained any necessary third party consents (e.g., under privacy or intellectual property laws), (b) that the User Provided Content does not infringe on the copyrights, trademarks, moral rights, rights of privacy or publicity, or the intellectual property rights of any person or entity, and (c) that no other party has any right, title, claim, or interest in the User Provided Content that would be infringed upon as a result of uploading the User Provided Content. If you submit User Provided Content to the Site on behalf of a group, organization or business entity, you represent that you have the right to do so and that you have obtained any consents from the group, organization or business. Upon the request of Musician Casting, you agree to furnish Musician Casting with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with this provision. You agree not to accept payment for User Provided Content from any third party, including, without limitation, accepting payment for the inclusion of a logo, brand advertising or other commercial content, in User Provided Content.
Musician Casting does not vouch for the validity, accuracy or credibility of any User Provided Content on the Site, and does not take any responsibility or assume any liability for any actions Users may take as a result of viewing, reading or listening to User Provided Content on the Site. Through your use of the Site you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretenses, international trade issues and foreign nationals. Musician Casting does not endorse any User Provided Content or any opinion, recommendation, or advice expressed therein. By using the Site, you assume all associated risks, and Musician Casting expressly disclaims any and all liability in connection with User Provided Content. In addition, you grant to Musician Casting, without any credit or compensation to you, a royalty-free, non-exclusive, worldwide, perpetual, unrestricted, irrevocable, and fully transferable, assignable and sub-licensable license to host, use, modify, display, copy, reproduce, disclose, sell, translate, create derivative works of, distribute, and export any User Provided Content, in whole or in part, or to incorporate it in other works in any form, media, software or technology of any kind now known or hereafter developed or discovered for any purposes whatsoever. You agree that Musician Casting may publish or otherwise disclose your name in connection with your User Provided Content. You acknowledge, consent and agree that Musician Casting may access, preserve and disclose account information and User Provided Content that you provide if Musician Casting is required to do so by law or if it believes in good faith that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms of Service, (iii) respond to claims that any User Provided Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Musician Casting, its employees, partners and agents or members of the public.
Musician Casting undertakes no obligation to pre-screen User Provided Content, but reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Site. You acknowledge, consent and agree that Musician Casting, at its sole discretion and without notice to you, may review, censor, delete, move, edit, block access to or prohibit the transmission or receipt of any User Provided Content or other information, in whole or in part, that Musician Casting deems obscene, defamatory or libelous in nature, that invades the right of privacy or infringes any right of any person or entity, is unlawful, is offensive or otherwise inappropriate, or that Musician Casting believes to be in violation of these Terms of Service.
You are solely responsible for all User Provided Content that you make available via the Site. Under no circumstances will Musician Casting be liable to you in any way for any User Provided Content that you upload, post, or otherwise make available via the Site including, but not limited to, any errors or omissions in User Provided Content, or for any loss or damage of any kind incurred as a result of User Uploaded Information. In addition, you hereby release Musician Casting from any and all claims, liens, demands, actions or suits in connection with the User Provided Content, including, without limitation, any and all liability for any use or nonuse of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. Except for the rights granted in these Terms of Service, Musician Casting acquires no title or ownership rights in or to any User Provided Content you submit and nothing in these Terms of Service conveys any ownership rights in the User Provided Content you submit to Musician Casting.
YOUR ACCOUNT
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 Musician Casting is not responsible for third party access to your account that results from theft or misappropriation of your account. Musician Casting and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Musician Casting does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.musiciancasting.com only with permission of a parent or guardian.
As part of Musician Casting’s registration process, you will select a username and password and be asked to submit, among other things, your email address. You agree that all information you provide to Musician Casting for purposes of creating a user account (the "User Information") will be true, accurate, current and complete and your failure to provide such information will constitute a breach of these Terms of Service and may result in the immediate termination of your account. All information about you including your User Information, any information obtained by Musician Casting as a result of your use of the Site, and any information stored or transmitted in any way on or through the use of the Site is subject to Musician Castings’s Privacy Policy.
You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person without authorization; or (iii) use a name that Musician Casting, in its sole discretion, deems inappropriate. You agree that any information that you provide to the Site, including but not limited to User Information, shall be true and accurate and current, and you are responsible for updating such information to keep it true, accurate and current. If you create a user account with the Site, you accept responsibility for all activities that occur under your account or password and you agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password-protected portion of the Site (including the Paid Services) using your name, user name or password in whole or in part.
Each user name permits one person to access the password-protected portion of the Site (including the Paid Services), and you shall not share the user name and password with any third party. You shall be solely responsible for any and all use of the Site, including without limitation, any and all charges incurred by a third party, under or using your user name and password. If at any time you should learn or suspect that your password has been compromised, you shall promptly notify Musician Casting.
You agree that any unauthorized use of the Site (or any Content derived therefrom) by you or by anyone using you user name or password may result in immediate suspension or termination of your user account by Musician Casting, in its sole and absolute discretion, without refund of any pre-paid fees. You represent and warrant that the information provided during the subscription process is true and accurate and agrees to update the information thereafter in the event of any changes. Musician Casting reserves the right to terminate your access to and use of the Site in the event that you provide any false information to Musician Casting as part of the subscription process, without refund of any pre-paid fees. In the event of such termination, you will continue to be liable for applicable fees for the period prior to termination, together with such other remedies as to which Musician Casting may be entitled.
FEES SUBJECT TO CHANCE/DISCREPANCIES
Musician Casting may change the fees and charges then in effect by giving you notice in advance or by posting the changed fees online. It is your responsibility to check the current fees and subscription plans. Unless you notify Musician Casting of any discrepancies within sixty (60) days after they first appear on your payment statement, they will be deemed accepted by you and you release Musician Casting from all liabilities and claims of loss resulting from any such error or discrepancy.
SUBSCRIPTION FEES, TERMS, AND PAYMENT
Musician Casting offers month-to-month subscription based plan and two paid in advanced subscription based plans: semi-annual (6 month) and annual (12 month). Subscriptions on MusicianCasting.com are to all Paid Services except for processing fees and submission fees. The length of the subscription period is selected by you during the enrollment process. These are all reoccurring plans and you must deactive your account to avoid any future payments. All payments are final.
MONTHLY AUTOMATICALLY RENEWING SUBSCRIPTIONS
This means that once you become a subscriber, your subscription will be automatically renewed and your credit or debit card will be charged based on the subscription program you have chosen unless you opt out or cancel by following the instructions in these Terms of Service. By subscribing to the Paid Services, you authorize Musician Casting to charge the applicable recurring subscription fees to your credit or debit card. In some cases, when you subscribe to a free trial of the Paid Services, you will be asked to authorize, and by accepting these Terms of Service you hereby expressly authorize, Musician Casting to charge the applicable recurring subscription fees to your credit or debit card upon the expiration of the free trial. When you initially subscribe to the Paid Services, your credit or debit card will be charged immediately for the initial term of the subscription at the then-current fee for the applicable subscription period. When you initially subscribe to a free trial of the Paid Services, you will be not charged for the initial term of the free trial. Unless you notify Musician Casting of your decision to terminate your subscription or, as applicable, your free trial, your subscription will automatically renew at the end of each subscription term or free trial (if applicable) at the then-current fee. You will be charged in advance for the renewal term of the subscription service (or initial term, in the case of a renewal following the expiration of an applicable free trial) on your applicable billing date (the "Billing Date"), which will be the corresponding monthly, semi-annual or annual anniversary of the activation date of your subscription. If, however, the activation date of your subscription (or, as applicable, your free trial) is on the 29th, 30th or 31st day of a month, and your Billing Date does not exist in a particular month because there are fewer than thirty-one (31) days in the month payment is due, your Billing Date for that particular renewal (or initial term, in the case of a renewal following the expiration of an applicable free trial) will be on the last day of the month in which your Billing Date would otherwise be. Each charge on the applicable Billing Date applies to the subscription period immediately following the Billing Date (e.g., a charge for a monthly subscription applies to the month immediately following the Billing Date). You understand that any applicable sales or use taxes will be payable by you, and may be included in each periodic statement. Musician Casting may, in its sole discretion, suspend access to your account or deactivate your account without notice to you if Musician Casting is unable to process your payment or if payment is past due, regardless of the amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your subscription. BY COMPLETING THE ENROLLMENT PROCESS, YOU UNDERSTAND AND AGREE THAT UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION TO THE PAID SERVICES:
- (A) YOUR SUBSCRIPTION TO THE PAID SERVICES WILL AUTOMATICALLY RENEW AT THE END OF THE SUBSCRIPTION PERIOD AND CONTINUE FOR ANOTHER SUBSCRIPTION PERIOD;
- (B) YOU WILL AUTOMATICALLY BE BILLED AT THE START OF EACH NEW SUBSCRIPTION PERIOD; AND
- (C) THAT PERIODIC CHARGES FOR EACH NEW SUBSCRIPTION PERIOD WILL BE AUTOMATICALLY BILLED TO YOUR DESIGNATED BILLING PAYMENT METHOD.
OPTING OUT OF RENEWAL
YOU MAY TERMINATE ENROLLMENT IN AUTOMATIC RENEWAL AT ANY TIME BY CONTACTING MUSICIAN CASTING OR EMAILING INFO@MUSICIANCASTING.COM. YOUR SUBSCRIPTION TO THE PAID SERVICES SHALL BE DEEMED TERMINATED ON THE LAST DAY OF THE THEN IN EFFECT SUBSCRIPTION PERIOD. YOU AGREE THAT EXCEPT AS PROVIDED HEREIN, THE SUBSCRIPTION FEE IS NON-REFUNDABLE ONCE PAID.
UNAUTHORIZED CHARGES
YOU ACKNOWLEDGE AND AGREE THAT YOU, AND NOT MUSICIAN CASTING, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT OR DEBIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
CANCELATION/REFUND POLICY
"There are no refunds for any account. You may cancel your month to month subscription at any time to avoid future payments being processed. There are also no cancellations or refunds for purchases of the 6 month or 12 month plans. All submission fees and processing fees are completely non-refundable under any circumstances. If you decide to reactivate your account you will have to recreate your profile and be subject to current fees as well as processing fee. Please contact us at info@musiciancasting.com with any questions."
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
www.musiciancasting.com may contain links to other Sites ("Linked Sites"). The Linked Sites are not under the control of Musician Casting and Musician Casting 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. Musician Casting is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Musician Casting of the site or any association with its operators.
Certain services made available via www.musiciancasting.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.musiciancasting.com domain, you hereby acknowledge and consent that Musician Casting may share such information and data with any third party with whom Musician Casting has a contractual relationship to provide the requested product, service or functionality on behalf of www.musiciancasting.com users and customers.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable license to access and use www.musiciancasting.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Musician Casting that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
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 Musician Casting 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. Musician Casting 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 Musician Casting 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 Musician Casting or our licensors except as expressly authorized by these Terms.
Musician Casting owns, operates, licenses, controls, and provides access to the Site. You acknowledge and agree that Musician Casting, and its licensors, retain all right, title and interest in and to all past, present and future Content, excluding User Provided Content (as defined before), applications, software, content and materials provided on or through the Site (including, without limitation, the audiovisual works, text, images, photographs, videos, graphics, page headers, editorial and contextual information, the selection and arrangement of elements displayed on or through the Site, the compilation of all content and materials on the Site, and the business process, procedures, methods and techniques used in the Site) and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world.
Musician Casting and the Musician Casting logo are the registered or common law or trademarks of Musician Casting, LLC, and all other proprietary trademarks, service marks, trade names, trade dress, slogans, logos, and other indicia of origin that appear on or in connection with the Site are the property of Musician Casting, LLC unless otherwise noted and are protected by applicable copyright, trademark, intellectual property and other laws. Musician Casting 's intellectual property, including, without limitation, its trademarks and trade dress, may not be used in any manner that is likely to cause confusion among users, or in any manner that disparages Musician Casting. All rights are expressly reserved.
All third party trademarks, logos, photographs, images, audio and audio-visual content, programming, and other intellectual property contained on or within the Site are the property of the respective third parties, including the respective content owners, and may be protected by applicable copyright, trademark or other intellectual property laws and treaties. Each such third party expressly reserves all rights into such intellectual property. Use of third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to Musician Casting to enforce any of your rights in relation thereto. Except as expressly set forth in these Terms of Service or otherwise expressly granted to you in writing by Musician Casting, no rights (either by implication, estoppel or otherwise) in or to the Site or their contents are granted to you.
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.
Musician Casting has no obligation to monitor the Communication Services. However, Musician Casting reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Musician Casting reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Musician Casting 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 Musician Casting's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Musician Casting does not control or endorse the content, messages or information found in any Communication Service and, therefore, Musician Casting 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 Musician Casting spokespersons, and their views do not necessarily reflect those of Musician Casting.
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 WWW.MUSICIANCASTING.COM OR POSTED ON ANY MUSICIAN CASTING WEBPAGE
Musician Casting does not claim ownership of the materials you provide to www.musiciancasting.com (including feedback and suggestions) or post, upload, input or submit to any Musician Casting Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Musician Casting, 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. Musician Casting is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Musician Casting'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.
INTERNATIONAL USERS
The Service is controlled, operated and administered by Musician Casting 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 Musician Casting Content accessed through www.musiciancasting.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Musician Casting, 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. Musician Casting 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 Musician Casting in asserting any available defenses.
LIABILITY DISCLAIMER
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. MUSICIAN CASTING LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MUSICIAN CASTING, 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. MUSICIAN CASTING 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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MUSICIAN CASTING LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MUSICIAN CASTING LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
TERMINATION/ACCESS RESTRICTION
Musician Casting 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 Musician Casting as a result of this agreement or use of the Site. Musician Casting's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Musician Casting'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 Musician Casting 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 Musician Casting with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Musician Casting 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
Musician Casting reserves the right, in its sole discretion, to change the Terms under which www.musiciancasting.com is offered. The most current version of the Terms will supersede all previous versions. Musician Casting encourages you to periodically review the Terms to stay informed of our updates.
ONLINE COMMUNICATIONS
You acknowledge and agree that by accessing or using Musician Casting LLC, or by clicking on the "PROCEED TO PAYMENT” button, you are entering into a legally binding contract. You hereby agree to the use of online/electric communication in order to enter into contracts, place orders, and create other records. You also agree to the electronic delivery of notices, policies and records of transactions initiated or completed through the Site.
CONTACT US
Musician Casting welcomes your questions or comments regarding the Terms:
Musician Casting, LLC
3941 Park Drive
Suite 20-419
El Dorado Hills, CA 95762
USA
Email Address:
info@musiciancasting.com