Terms of Service
CAZT Registered Member Terms of Service
Welcome to CAZT! We are glad you have decided to use our service. We look forward to your involvement with our site which will help connect actors with productions. Before you begin delving into the services and content available on our sites, please take a moment to review these Terms of Services (“Terms” or the “Agreement”). These Terms are a legal and binding agreement between you as the end user, and The Casting Project, LLC (“CAZT”,“us,” or “we”) regarding the CAZT Website located at www.CAZT.com. It is important that you understand both the benefits we provide as well as our limitations.
This Agreement applies to the website owned by The Casting Project LLC accessible at www.CAZT.com
This agreement reflects the CAZT approach to memberships, including the Subscription Membership and Premium Services (“Service”).
I. Acceptance of Terms
You hereby warrant and represent that you are in all respects qualified and competent to enter into this Agreement.
Notices by CAZT to you may be given by means of electronic messages or by a general posting on the Service. Any notices related to this Agreement need to be given in writing to one another at our address below, or any new address that is given in such a notice.
Direct Questions or Notices to:
The Casting Project LLC
Attn: User Agreement Mail
1670 Beverly Blvd.
Los Angeles, CA 90026
II. About our Services.
A) CAZT Services for Actors
CAZT provides the following services to all actors for free:
- Access to a list of audition opportunities on the CAZT job board
- Hosting of actors’ headshots, resume and acting reels
- Access to private feedback for the actor from the casting directors for whom that actor has auditioned, when such feedback is provided by casting directors
CAZT provides the following services to actors who purchase the CAZT Premium Services beginning upon the initial payment by the actor and continuing until expiration or discontinuation as defined below:
- Ability to submit for auditions posted on the CAZT job board
- Access to that actor’s audition videos hosted on the CAZT website
- Ability to forward that actor’s audition videos to 3rd parties
- Ability to upload “re-takes” of unsatisfactory auditions
1. Service Limitations.
We will do our best to make your experience with CAZT a pleasurable one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that CAZT's services, including the Premium Services, and services of our third party service providers and Partner Sites, are provided "AS IS." CAZT, our third party service providers and Partners cannot assume responsibility for the timeliness, deletion, miss-delivery or failure to store any user data, communications or personalization settings.
2. Service Changes and Discontinuation.
CAZT reserves the right to change or discontinue, temporarily or permanently, the Service at any time without notice. You agree that CAZT will not be liable to you or any third party for any modification or discontinuance of the Service.
You may terminate your account for the Service or Premium Services at any time. When you terminate your account, your access to the Premium Services will be terminated on the expiration date.
You are responsible for providing all personal computer and communications equipment necessary to gain access to the Service or Premium Services. Access to and use of the Service or Premium Services is through a combination of an ID and a password. Each user must keep his or her password strictly confidential. CAZT will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to the Service or Premium Services is a breach of this Agreement and a violation of law.
You may at any time request that CAZT delete your account and all associated information from our service. Please note: If you request that your account be deleted, all your audition videos, feedback, headshots, resume, reel, and any other information you have on the site will be deleted permanently. There is no way to recover this information. You may request deletion by doing any one of the following: Emailing email@example.com, mailing a request for deletion to CAZT. CAZT will delete your account and all association information within 10 days of such a request.
III. Subscription Membership and Premium Services
If you (“Subscriber”) choose to subscribe to CAZT’s Premium Services, please read this section carefully prior to using CAZT's Premium Services. This section regarding Subscription Membership is a legal and binding agreement between you and CAZT with respect to the Premium Services. By registering for the Premium Services, you are consenting to the terms set forth in this section. If you do not accept and agree to all the terms of this section, please discontinue the registration process for the Premium Services.
A) Premium Services
The length of the contract between Subscriber and CAZT for the Premium Services is on-going.
B) Payment Obligation and Credit
Subscriber is responsible for paying periodic subscription fees. All listed fees are in U.S. dollars.
Subscriber hereby authorizes CAZT to charge the Subscriber's credit card (or other approved facility) provided to pay for the ongoing cost of subscription and any applicable taxes.
The prices for members purchasing the Premium Services as of September 10, 2015 are as follows:
- For a monthly payment plan, $19.99 per month plus an initial $10.00 set-up fee
- For a quarterly payment plan, $50.97 per quarter
- For a semi-annual payment plan, $83.94 per half year
Payment for the appropriate services will be made by automatic debit to the Subscriber's credit card (or other approved facility). Subscribers will be automatically renewed for a term equal to the original term upon expiration of the then-current term at a price equal to the original price, and continually thereafter unless the Subscriber terminates the subscription online in advance of the renewal date pursuant to the process set forth below. Subscriber acknowledges and agrees that the authorization to charge Subscriber's credit card for services shall automatically transfer to any successors or assigns of the Premium Services for substantially similar services at the same website. Subscriber may not assign or transfer his or her subscription to any other person or entity. You must be at least 18 years old (or have the permission of a credit card holder who is) to order subscriptions online.
Payment must be made by a major credit card accepted by CAZT (currently, VISA, MasterCard, Discover and American Express). Cash will not be accepted. The billing period ends each month (or, for quarterly subscriptions, each quarter, or, for semi-annual subscriptions, each half year) on the anniversary of your activation date ("Billing Date"). If CAZT does not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon demand by CAZT. Your card issuer agreement governs your use of your designated card in connection with the Premium Services, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT CAZT, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
CAZT RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY CAZT. CAZT MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL.
NO REFUNDS WILL BE ISSUED AFTER THE 10 BUSINESS DAY CANCELLATION PERIOD DESCRIBED BELOW.
B) Cancellation of Your Subscription
You may terminate your MEMBERSHIP at any time by logging in to your account at CAZT.com and clicking "Manage My Account" and following the directions therein. When you terminate your membership, your account will not be automatically renewed and YOUR access will be terminated on the expiration date.
You acknowledge that CAZT, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Premium Services for any reason.
C) Subscriber Information
You agree to provide true, accurate, current and complete information about yourself as prompted by the Premium Services registration process. You are solely and entirely responsible for maintaining the confidentiality of your password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. Subscriber must promptly inform CAZT of any of the following: changes in the expiration date of any credit card used in connection with the service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until CAZT is notified by e-mail of a breach in security, the Subscriber will remain liable for any unauthorized use of the Premium Services.
IV. Service Rules
For the benefit of all CAZT users, and to comply with applicable laws, we have a few mandatory guidelines that we call "Service Rules." Please note that any conduct that violates the Service Rules is grounds for termination of your account. For this reason, we ask that you carefully read and follow them.
A) Provide Accurate Information
You agree to provide true, accurate, current and complete information about yourself as requested in the CAZT registration forms (we call this information "Registration Data"). We reserve the right to authenticate the Registration Data at any time and without notice to you. Accurate records help us create better sites and provide us with opportunities to identify new services or products that may interest you. Please update the Registration Data to keep it current and accurate.
B) Guard Your Password
You will receive a password and account designation upon completing the registration process. You are solely responsible for maintaining the confidentiality of your password and account. And you are solely responsible for all activities that occur using your password or account. Please notify CAZT immediately of any unauthorized use of your password or account or any other breach of security.
C) Obey the Law
You agree not to use the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the copyrights (rights of an owner of written material), trademarks, right of publicity or other intellectual property of others.
D) Notice and Procedure for Making Claims of
Copyright or Intellectual Property
Cazt respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Cazt’ Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email address;
• 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
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
CAZT Copyright Agent may be reached at:
The Casting Project LLC
Attn: IP Infringement
4111 W. Sunset Blvd.
Los Angeles, CA 90029
You acknowledge that if you fail to comply with all of the requirements of this section (D), your DMCA notice may not be valid.
E) Use E-mail Responsibly
Some of CAZT’s websites may in the future provide access to an email communication system. As a member, you agree not to use the service to broadcast "junk mail," "spam," "chain letters," or unsolicited mass distribution of files or images. In order to ensure that these communication services are not abused, CAZT may establish general practices and limits concerning their use. These may include but are not necessarily limited to a maximum number of days that messages will be retained by the service, a maximum number of messages that may be sent from or received by an account on the service, a maximum size or length of any message that may be sent from or received by an account on the service, a maximum amount of disk space that will be allotted for your stored messages, and a maximum time period and number of times you may have access to the service in a given time frame. If you receive email that you find harassing, please forward the email to us by clicking here with a description of the situation.
F) Content Restrictions.
CAZT attempts to provide the best casting service available on the Web and we make it available to you on the Web for your personal use (“CAZT Content”). CAZT Content includes any CAZT trademarks, trade names and service names, which are proprietary rights of CAZT and all website design, text, graphics, the selection and arrangement thereof, and all software that are part of CAZT are protected by international copyright laws. The publication, sale, or redistribution in any form or medium of text, photos, graphics, audio and/or video materials or any other form of proprietary content found on CAZT is strictly prohibited without the prior written permission of CAZT. Content that is publicly available on CAZT may not be stored in a computer, except for personal use provided that: (i) you keep intact all copyright and other proprietary notices, (ii) you do not modify the CAZT Content, (iii) you do not use the CAZT Content in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of CAZT Content to a database that can be used to avoid use of CAZT services. In accordance with this section, the use of CAZT Content on any other Web site or computer environment is strictly prohibited. You are aware that third party service providers and Partner Sites may have their own restrictions related to their content and proprietary rights.
G) Use Restriction
You agree that you will not copy, publish, or in any way make available publicly any information from CAZT Sites, without express written permission from CAZT. You agree that, should you do so, CAZT reserves the right to cancel your subscription immediately without refund. Additionally, reuse of copyrighted information (pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.
H) Limits On Uses of User Information
By using CAZT websites you agree not to data scrape, copy, aggregate, redistribute, alter, reproduce or re-use for commercial purposes any user's (whether specific to any particular user or as an aggregation of users' information) information accessible through any websites or networks owned by CAZT. "Commercial purposes" can include but is not limited to selling information to third parties; using the data collected to customize users' experiences at a site or network outside of CAZT; using the data for targeted marketing campaigns not affiliated with CAZT; or using the data to offer services to CAZT users. CAZT reserves the right to take immediate action against any individual or entity participating in any of the prohibited actions mentioned above.
I) Consolidated Sites
CAZT users should exercise caution when using consolidation sites. Consolidation sites are Internet sites that offer the ability to collect all of your personal information on one site. For example, you may be encouraged to provide consolidation site operators access to your CAZT accounts or membership information so that the information can be used to design customized search engines, web pages or advertising for you. All transactions initiated through a consolidation site using access information you provide are considered to be authorized by you, whether or not you were aware of the specific transaction. CAZT is therefore not responsible if the security, accuracy or quality of your information is compromised by a consolidation site you have authorized to access your data.
V. Rights You Grant to CAZT
A) Distributing Content You Produce
CAZT offers some users an "uploading service", whereby either (i) CAZT allows users to videotape auditions using CAZT's equipment and CAZT employees upload the resulting content to the CAZT website for review by the users; or (ii) users provide content to CAZT employees or agents via physical memory media such as DVDs or DV tapes and CAZT employees or agents upload the content to the CAZT website for review by the users. For the avoidance of doubt, using CAZT's uploading service in this manner constitutes "submitting" the content for the purposes of this user agreement.
By submitting content, you automatically grant or warrant, agree and promise that the owner of such content expressly granted or agreed that, without any particular time limit, and without the payment of any fees, CAZT and anyone permitted by CAZT, has a perpetual, world-wide, royalty-free, non-exclusive right and license to use, reproduce, distribute, modify, adapt, publish, translate, publicly perform and display or incorporate such materials into any form, medium, or technology now known or hereafter devised for the purpose of offering or enhancing the CAZT Service.
In addition, you warrant that all so-called moral rights in the content have been waived. The license exists only for as long as you elect to continue to include such content on the Service and will terminate at the time you remove or CAZT removes such content from the Service. You may not submit materials that have been trademarked or copyrighted by anyone other than yourself, or that infringe any other right of any third party. You warrant and represent that you have all rights, including any copyrights, trademarks and rights of publicity necessary to license such content to CAZT as set forth herein.
B) Account Access
In order to ensure that CAZT is able to provide high-quality services that are responsive to members' needs, you agree that CAZT employees have access to your account and records as reasonably needed to investigate complaints.
C) Merger or Acquisition
In order to ensure a smooth transition of services relative to your subscription, in the event of a merger, acquisition, reorganization, sale of all or substantially all of its assets, or the sale of an individual website owned by CAZT, CAZT may transfer your Personally Identifiable Information to a third party as a part of such merger, acquisition, reorganization, or sale.
VI. Other Legal Stuff
A) Disclaimer of Warranties
You expressly understand and agree that:
Your use of the service, including the Premium Service, is at your sole risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis. CAZT and its third party service providers and Partner Sites expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, any warranties as to the availability, accuracy, or content of information, products or services; any warranties of merchantability, fitness for a particular purpose and non-infringement.
CAZT makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, (v) that your email messages will not be lost, and (vi) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from CAZT, our third party service providers, our Partner Sites or through or from the Service will create any warranty not expressly stated in the terms.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you.
To the extent that any part of this section is not consistent with any other part of these terms, then this Disclaimer of Warranties will override it.
B) No Endorsement of Member Content
You acknowledge and agree that CAZT does not endorse the content of any member and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that CAZT does not pre-screen all content, but that CAZT and their designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available via the service.
C) Limitation of Liability
Under no circumstances shall CAZT or any third party be liable for any direct, indirect, incidental, punitive, special or consequential damages including but not limited to, damages for loss of profits, any loss of revenue, goodwill, use, data or other intangible losses (even if CAZT has been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the Service; (ii) The cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) Statements or conduct of anyone on the Service; or (v) Any other matter relating to the Service. The aggregate liability arising with respect to this Agreement and the service will not exceed the total fees paid by you under this Agreement.
CAZT shall not be liable for any damages that result from your access, use or inability to use the Catz Site or Service, including your reliance on any information obtained from the Service that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operating or transmissions, or any failure of performance on account of your access to, use of, or browsing in the CAZT Sites or your downloading of any materials, data, text, images, video or audio from the web site. The foregoing limitation of liability shall apply in any action, whether in contract, tort or any other claim. By your use of this web site, you acknowledge that this paragraph shall apply to all content, merchandise and services available through this Site, except where the exclusion or limitation of incidental or consequential damages is prohibited by law.
Some jurisdictions do not allow the exclusion of the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Your use of any information or materials on this web site is entirely at your own risk, for which CAZT and any third-parties shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this web site meet your specific requirements and needs. You hereby indemnify, defend, and hold CAZT and any third party harmless from and against any and all liabilities, costs, losses and/or damages incurred in connection with any claim or demand, including attorneys’ fees, arising out of any breach of this agreement or claims arising from your use of the web site, products, services or communication or your infringement, or infringement by any other user of your account, of any intellectual property, rights of publicity or any other right of anyone. You shall cooperate with CAZT in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
E) More Stuff
CAZT's rights under this Agreement may not be waived unless CAZT agrees to such change in writing. This Agreement is personal to you and you may assign this agreement only with CAZT's prior written approval. Any other attempt to assign, transfer or delegate this Agreement shall be null and void.
This Agreement is governed by the laws of the State of California, U.S.A., without regard to its conflicts of law provisions; and you hereby consent to the jurisdiction of and venue in the federal and state courts located in Los Angeles County, California, U.S.A. in all disputes arising out of or relating to the Service. In addition, You agree to personal jurisdiction and venue in the state and federal courts of the State of California, Los Angeles County in any action commenced by you against us (or our affiliates). If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section.
You shall not use the Service in any manner contrary to local, state or federal law. CAZT expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice for your failure to comply with any such local, state or federal law. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us 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. This Agreement constitutes the entire agreement between you and us with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service. 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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Agreement is the entire understanding between you and CAZT about the services.
F) A note regarding children (COPPA)
We take the protection of children extremely seriously. Separate from the legally required statement below, anyone who has any reason to suspect any improper conduct even tangentially related to a production using CAZT should immediately notify the Casting Project, LLC via e-mail at firstname.lastname@example.org. All reports will be handled personally by the CEO of the company.
The Casting Project, LLC Children's Online Privacy Protection Act Statement
The CAZT website is occasionally used by productions seeking to cast actors under the age of 13 for their productions. As such The Casting Project, LLC is required by law to provide certain information, set out below:
- The entity collecting information from children is The Casting Project, LLC. Address: 9080 Shoreham Dr., Unit 5, Los Angeles, CA, 90069. E-mail address: email@example.com.
- The types of information collected from children include name, contact information, professional resume, pictures and audition videos. We obtain the child's contact information from the parent or guardian who brings the child to an audition. At that time, we collect the parent or guardian's e-mail address. When the audition is completed, we upload the audition video to our site and send an e-mail to the parent or guardian's email address. The parent or guardian at that point has the opportunity to upload additional information regarding the child.
- The information is used by: (1) casting directors on our site to determine whether or not to hire a specific child actor for a part; and (2) by CAZT to offer the parent or guardian the opportunity to purchase premium services from us.
- We do not share the information with 3rd parties.
- A parent or guardian may request the opportunity to review the child's information by sending e-mail to firstname.lastname@example.org. At the parent or guardian's request, we will delete all information regarding the child.
VI. Notice Statement
CAZT IS A TALENT LISTING SERVICE. THIS IS NOT A TALENT AGENCY CONTRACT. ONLY A TALENT AGENT LICENSED PURSUANT TO SECTION 1700.5 OF THE LABOR CODE MAY ENGAGE IN THE OCCUPATION OF PROCURING, OFFERING, PROMISING, OR ATTEMPTING TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR AN ARTIST. CAZT IS PROHIBITED BY LAW FROM OFFERING OR ATTEMPTING TO OBTAIN AUDITIONS OR EMPLOYMENT FOR YOU. IT MAY ONLY PROVIDE YOU WITH LISTING INFORMATION. FOR MORE INFORMATION, CONSULT CHAPTER 4.5 (COMMENCING WITH SECTION 1701) OF PART 6 OF DIVISION 2 OF THE LABOR CODE. A DISPUTE ARISING OUT OF THE PERFORMANCE OF THE CONTRACT BY THE TALENT SERVICE THAT IS NOT RESOLVED TO THE SATISFACTION OF THE ARTIST SHOULD BE REFERRED TO A LOCAL CONSUMER AFFAIRS DEPARTMENT OR LOCAL LAW ENFORCEMENT, AS APPROPRIATE.
YOUR RIGHT TO CANCEL
You may cancel this contract and obtain a full refund, without any penalty or obligation, if notice of cancellation is given, in writing, within 10 business days from the date on which you commence utilizing the services under the contract. For purposes of this section, business days are Monday through Friday.
To cancel this contract, mail or deliver or send by facsimile transmission a signed and dated copy of the following cancellation notice or any other written notice of cancellation to CAZT at 916 N. Formosa Ave., Los Angeles, CA 90046, NOT LATER THAN MIDNIGHT OF THE DATE 10 BUSINESS DAYS FROM THE DATE YOU COMMENCED UTILIZING THE SERVICES UNDER THIS AGREEMENT. If the contract was executed in part or in whole through the Internet, you may cancel the contract by sending the notification to: email@example.com
I hereby cancel this contract.
If you cancel, all fees you have paid must be refunded to you within 10 business days after delivery of the cancellation notice to the talent service.
***Important note regarding cancellation / refunds: To protect against unreasonable cancellation and refund requests, if you cancel and request a refund, it is our policy to delete your actor account from the system, including all of your audition videos, headshots, resume, casting director feedback, and any private notes your casting directors have written about your performances to the other members of the production team.***