Effective: December 31, 2019
Thanks for using Casting Duo's products and services (“Services”).
We refer to the combination of this TOU and any applicable Additional Terms collectively as these “Terms”.
You indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these Terms, by executing a document that references them, or by using the Services.
If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.
1. Fees and Payments
1.1. Fees for Services. You agree to pay to Casting Duo any fees for each Service you purchase or use, in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
1.2. Subscriptions. Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.
1.3. Taxes. Unless otherwise stated, you are responsible for any taxes (other than Casting Duo income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay Casting Crane for the Services without any reduction for Taxes. If Casting Crane is obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide Casting Crane with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. Casting Crane will not charge you VAT if you provide us with a VAT number issued by a taxing authority in the European Union, are purchasing the Services from Casting Crane Europe Sarl for business reasons, and are located in a different European Union member state from Casting Crane Europe Sarl. If you are required by law to withhold any Taxes from your payments to Casting Crane, you must provide Casting Crane with an official tax receipt or other appropriate documentation to support such payments.
1.4. Price Changes. Casting Crane may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Casting Crane will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.
2.2. Confidentiality. Casting Crane will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including our privacy policies). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by Casting Crane); (b) was lawfully known to Casting Crane before receiving it from you; (c) is received by Casting Crane from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by Casting Crane without reference to your Content.
2.3 Disclosure: Casting Crane will disclose the personal information collected, sold, or disclosed for a business purpose about a consumer.
2.4 Access: Casting Crane will inform the consumer as to the categories of personal information to be collected and the purposes for which the categories of personal information shall be used. Casting Crane will disclose and deliver the personal information the business collected about the consumer in response to a verifiable consumer request.
3. Your Content
3.1. You Retain Ownership of Your Content. You retain ownership of all of your intellectual property rights in your Content. Casting Crane does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.
3.2. Limited License to Your Content. You grant Casting Crane a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Services to you and as otherwise permitted by Casting Crane’s privacy policies. This license for such limited purposes continues even after you stop using our Services, though you may have the ability to delete your Content in relation to certain Services such that Casting Crane no longer has access to it. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. If you provide Casting Crane with feedback about the Services, we may use your feedback without any obligation to you.
3.3. Copyright Claims (DMCA Notices). Casting Crane LLC responds to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (DMCA). If you believe that your work has been exploited in a way that constitutes copyright infringement, you may notify Casting Crane’s agent for claims of copyright infringement.
3.4. Other IP Claims. Casting Crane respects the intellectual property rights of others, and we expect our users to do the same. If you believe a Casting Crane user is infringing upon your intellectual property rights, you may email us. Claims of copyright infringement should follow the DMCA process outlined in these Terms, or any equivalent process available under local law.
4. Casting Crane IP
4.1. Casting Crane IP. Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). Except as permitted by Casting Crane’s Brand and Trademark Use Policy, these Terms do not grant you any right to use Casting Crane’s trademarks or other brand elements.
5. User Content
5.1. User Content. The Services display content provided by others that is not owned by Casting Crane. Such content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. Casting Crane is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use content from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.
5.2. Content Review. You acknowledge that, in order to ensure compliance with legal obligations, Casting Crane may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, Casting Crane otherwise has no obligation to monitor or review any content submitted to the Services.
5.3. Third Party Resources. Casting Crane may publish links in its Services to internet websites maintained by third parties. Casting Crane does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.
6. Account Management
6.1. Keep Your Password Secure. If you have been issued an account by Casting Crane in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Casting Crane, are responsible for any activity occurring in your account (other than activity that Casting Crane is directly responsible for whilech is not performed in accordance with the Customer’s instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Casting Crane immediately. Accounts may not be shared and may only be used by one individual per account.
6.2. Keep Your Details Accurate. Casting Crane occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the account.
6.3. Remember to Backup. You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, Casting Crane will not be liable for any failure to store, or for loss or corruption of, your Content.
6.4. Account Inactivity. Casting Crane may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.
7. User Requirements
7.1. Legal Status. If you are an individual, you may only use the Service if you have the power to form a contract with Casting Crane. None of the Services are intended for use by individuals less than 16 years old. If you are under 16 years old or do not have the power to form a contract with Casting Crane, you may not use the Services. We recommend that parents and guardians directly supervise any use of the Services by minors. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation and that you have duly authorized your agent to bind you to these Terms.
7.2. Embargoes. You may only use the Services if you are not barred under any applicable laws from doing so. If you are located in a country embargoed by United States or other applicable law from receiving the Services, or are on the U.S. Department of Commerce’s Denied Persons List or Entity List, or the U.S. Treasury Department’s list of Specially Designated Nationals, you are not permitted to purchase any paid Services from Casting Crane.
8. Acceptable Uses
8.1. Legal Compliance. You must use the Services in compliance with, and only as permitted by, applicable law.
8.2. Your Responsibilities. You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:
(a) You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
(b) You may not circumvent or attempt to circumvent any limitations that Casting Crane imposes on your account (such as by opening up a new account to conduct a application form that we have closed for a Terms violation).
(c) Unless authorized by Casting Crane in writing, you may not probe, scan, or test the vulnerability of any Casting Crane system or network.
(d) Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so.
(e) You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
(f) You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. Casting Crane will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to Casting Crane.
(g) You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.
(h) Unless authorized by Casting Crane in writing, you may not resell or lease the Services.
(i) If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless Casting Crane has agreed with you otherwise. You may not use the Services in a way that would subject Casting Crane to those industry-specific regulations without obtaining Casting Crane’s prior written agreement. For example, you may not use the Services to collect, protect, or otherwise handle “protected health information” (as defined in 45 C.F.R. §160.103 under United States federal regulations) without entering into a separate business associate agreement with Casting Crane that permits you to do so.
9. Suspension and Termination of Services
9.1. By You. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating the Agreement for our breach and have so notified us in writing, or unless a refund is required by law.
9.2. By Casting Crane. Casting Crane may limit, suspend, or stop providing the Services to you if you fail to comply with these Terms (such as a failure to pay fees when due), or if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services. Casting Crane may also suspend providing the Services to you if we are investigating suspected misconduct by you. If we suspend or terminate the Services you receive, we will endeavor to give you advance notice and an opportunity to export a copy of your Content from that Service. However, there may be time sensitive situations where Casting Crane may decide that we need to take immediate action without notice. Casting Crane has no obligation to retain your Content upon termination of the applicable Service.
9.3. Further Measures. If Casting Crane stops providing the Services to you because you repeatedly or egregiously breach these Terms, Casting Crane may take measures to prevent the further use of the Services by you, including blocking your IP address.
10. Changes and Updates
10.1. Changes to Terms. Casting Crane may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. Any changes will be posted to the location at which those terms appear. Casting Crane may also provide notification of changes on its blog or via email. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require Casting Crane to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.
10.2. Changes to Services. Casting Crane constantly changes and improves the Services. Casting Crane may add, alter, or remove functionality from a Service at any time without prior notice. Casting Crane may also limit, suspend, or discontinue a Service at its discretion. If Casting Crane discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service. Casting Crane may remove content from the Services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.
11. Disclaimers and Limitations of Liability
11.1. Disclaimers. While it is in Casting Crane’s interest to provide you with a great experience when using the Services (and we love to please our customers), there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND Casting Crane DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
11.2. Exclusion of Certain Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Casting Crane, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF Casting Crane HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11.3. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF Casting Crane, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO Casting Crane FOR USE OF THE SERVICES AT ISSUE DURING THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) US$25.00.
11.4. Consumers. We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.
11.5. Businesses. If you are a business, you will indemnify and hold harmless Casting Crane and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your use of the Services or a breach of these Terms, to the extent that such liabilities, damages and costs were caused by you.
12. Contracting Entity
12.1. Who you are contracting with. Unless otherwise specified in relation to a particular Service, the Services are provided by, and you are contracting with, Casting Crane LLC.
12.2. Casting Crane LLC For any Service provided by Casting Crane LLC, the following provisions will apply to any terms governing that Service:
Contracting Entity. References to “Casting Crane”, “we”, “us”, and “our” are references to Casting Crane LLC, located at 10632 N. Scottsdale Rd., #B-535, Scottsdale AZ 85254-6199
Governing Law. Those terms are governed by the laws of the State of Arizona (without regard to its conflict of laws provisions).
Jurisdiction. Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the state courts located in Scottsdale AZ, and the federal courts located in the Maricopa County AZ with respect to the subject matter of those terms.
Regarding your personal information
We collect personal information from you, which might include:
Name, date of birth or country of residence
Contact information such as email address, telephone number, address
Account details such as user name, password and unique user ID
Payment information such as debit or credit card details
Photographic proof of age
Your reviews about our products and services, information about your preferences and consumption habits
Marketing communication and cookie preferences
Employment history, salary expectations
Details of your contact with us including recordings of any telephone calls
Photographs and videos submitted by you or taken at one of our events
Profile pictures and social media profile information
We also collect personal information from other sources:
Information received as part of routine card verification (fraud) checks.
Joint marketing partners, when they share information with us.
Publicly available data bases.
HOW WE USE YOUR PERSONAL INFORMATION
We use your personal information for legitimate business purposes as described further below.
Providing access to our services
Administering prize promotions, offers and events
Providing you with customer service
Processing your order
Sending you information about our products and services
Our business purposes
Personalizing our products and services
Publishing your reviews
Providing access to our services: We may use your personal information to provide you with the functionality of our services, events and mobile applications, such as by arranging access to a registered account. We may also use personal information to send you administrative information, such as changes in our terms, conditions and policies. We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation.
Administering prize promotions, offers and events: We may conduct prize promotions, contests and other promotional offers. If you participate, we will use your information to administrate such promotions and offers. If you are lucky enough to win, we might ask you for further information so that we can provide your prize and we will ask you to provide a copy of your photographic ID so that we can verify that you are of legal purchase age and, if required, to satisfy eligibility requirements. Some of these promotions have additional rules containing information about how we will use and disclose your personal information. We use this information to manage our contractual relationship with you.
Customer service: If you contact us, or we contact you, we will use your personal information such as your purchase information and contact history for the purpose of providing you with assistance, handling enquiries and complaints. We will engage in these activities to manage our contractual relationship with you, for our legitimate business reasons and/or to comply with a legal obligation.
13. Other Terms
Assignment. You may not assign these Terms without Casting Crane’s prior written consent, which may be withheld in Casting Crane’s sole discretion. Casting Crane may assign these Terms at any time without notice to you.
Entire Agreement. These Terms (including the Additional Terms) constitute the entire agreement between you and Casting Crane, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.
Independent Contractors. The relationship between you and Casting Crane is that of independent contractors, and not legal partners, employees, or agents of each other.
Interpretation. The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
No Waiver. A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
Precedence. To the extent any conflict exists, the Additional Terms prevail over this TOU with respect to the Services to which the Additional Terms apply.
Severability. If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.
Third Party Beneficiaries. There are no third party beneficiaries to these Terms.