Last Updated: April 27, 2018
This agreement contains disclaimers of warranties, limitations on liability, releases, a class-action waiver, and the requirement to mediate and arbitrate all claims that may arise under this agreement. These provisions are an essential basis of this agreement.
Section 230(d) Notice: In accordance with 47 U.S.C. § 230(d) , you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching "parental control protection" or similar terms.
Minors Prohibited. The Website is not intended for minors. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access the Website. The Company forbids all persons who do not meet these age requirements from accessing the Website.
Child Pornography Prohibited. The Company prohibits pornographic content involving minors. If you see any visual media, real or simulated, depicting minors engaged in sexual activity on the Website, please promptly report this to the Company at email@example.com. Please include with your report all appropriate evidence, including the date and time of identification. The Company will promptly investigate all reports and take appropriate action. The Company cooperates with any law-enforcement agency investigating child pornography.
Talent Listing Service. The Website is a talent listing service. This is not a talent agency contract. Only a talent agent licensed under section 1700.05 of the California Labor Code may engage in the occupation of procuring, offering, promising, or attempting to procure employment or engagements for a model. The Company is prohibited by law from offering or attempting to obtain auditions or employment for you. The Company may only provide you with listing information. For more information consult chapter 4.5 (beginning with section 1701) of part 6 of division 2 of the California Labor Code. A dispute arising out of the performance of this agreement by the Company that is not resolved to your satisfaction should be referred to a local consumer affairs department or local law enforcement, as appropriate.
No Prostitution or Sex Trafficking. The promotion and recruitment of escorts, escort services, personal companions, etc. are contrary to the purposes of BizCasting.com and will not be tolerated in any fashion. Soliciting for, recruiting, or offering the services of escorts on the BizCasting.com website is strictly prohibited. Portfolios that are used for the solicitation or promotion of prostitution or escort services in any way will be immediately disabled with no refund. This includes the use of the referral system, hyperlinks to external websites promoting escorts, URLs promoting escorts, and any other activity that the staff of BizCasting.com considers as solicitations, promotions, or offers.
1. Acceptance of Agreement
1.1 This terms-of-service agreement is between Biz Casting Inc., a Nevada corporation (the "Company"), the owner and operator ofwww.BizCasting.com (the " Website"), and you, a user of the Website. This agreement governs your access to and use of the Website, including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.
1.2 Please read this agreement carefully before you start to use the Website. By using the Website or by clicking to accept or agree to this agreement when this option is made available to you, you accept and agree to be bound and abide by this agreement. If you do not want to agree to this agreement, you must not access or use the Website.
1.3 This Website is offered and available to users who are 18-years old or older. By using this Website, you state that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Website.
2. Changes to Agreement
2.1 Right to Change Agreement. The Company may change this agreement (the "Updated Agreement") on one or more occasions.
2.2 Notice of Updated Agreement. Unless the Company makes a change for legal or administrative reasons, the Company will provide reasonable advance notice before the Updated Agreement becomes effective. The Company may notify you of the Updated Agreement by posting it on the Website.
2.3 Acceptance of Updated Agreement. Your use of the Website after the effective date of the Updated Agreement constitutes your agreement to the Updated Agreement. You should review this agreement and any Updated Agreement before using the Website. If you do not agree to the Updated Agreement, your sole remedy is to stop using the Website.
2.4 Effective Date of Updated Agreement. The Updated Agreement will be effective as of the time of posting, or that later date as may be stated in the Updated Agreement, and will apply to your use of the Website from that point forward, except that the Updated Agreement will not apply to continuing disputes or disputes arising out of or relating to events happening before the Updated Agreement's effective date.
3. Nature of Service. The Website is a public access general purpose portfolio hosting website and community for models and photographers. The Website provides a hosting service for person to person display, marketing, and communication on a professional level between models and photographers.
4. Casting Calls. You acknowledge that the Company (a) is not an employment agency, casting agent, talent agent, agency, manager, producer, or a production company; (b) does not procure, attempt to procure, get, gain, or retain employment, engagements, employment opportunities, auditions, jobs, bookings, castings, a talent agent, or manager for you or its members; (c) does not manage or direct the developments of the careers, or represent, you or its members; and (d) does not guarantee an employment opportunity, audition, any amount of income, jobs, or employment from the use of this Website. The Company does not offer advice, managerial directions, or opinions in any casting job, engagement, or audition and permits you to submit your information for casting calls through the Website. The information included in the casting call is provided by the applicable casting director and the Company is not involved in the decision making process with respect to the casting, audition, or engagement for services. You further acknowledge that the Company, in its sole discretion, may remove casting calls that are inaccurate, offensive, indecent, objectionable, contain errors or omissions, or otherwise violates this agreement in any other manner.
5. Your Safety. The Company values the safety of all its users. It is your responsibility to do your own research and remain cautious. The Company strongly recommends that you check references before working with someone, especially if they are new to the Website or it's your first time working together. The Company does not conduct criminal background checks on its users. Please immediately email the Company at firstname.lastname@example.org if you recognize or suspect a user has a criminal record. The U.S. Federal Trade Commission has published advice on how to avoid modeling scams . For more information about personal safety online, you can visitstaysafeonline.org,onguardonline.gov,getsafeonline.org, or wiredsafety.org.
6. Your Profile. When you create a profile online, that profile is included in a searchable database on the Website, which can be accessed by registered users and non-registered users. The Company cannot control the use of any information that is in your profile by any third party. Therefore, you should be careful not to include any personal information in your profile, including your phone number, address, email address, bank account information, or other personal information. Any such posting is done at your sole risk.
7. Your Account
7.1 Account Creation. You must complete the registration process by providing the Company with accurate information as prompted by the applicable registration form. You also will choose a password and a username. By creating an account, you state that (a) all account registration, and profile information you provide is your own and is accurate; (b) if you previously had an account on the Website, your old account was not terminated or suspended by the Company for violation of this agreement; and (c) your creating an account for your own personal use and you will not sell, rent, or transfer your account to any third party. You will 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 the Company, in its sole discretion, considers inappropriate.
7.2 Responsibility for Account. You are responsible for keeping your password and account confidential. Further, you are responsible for all activities that occur under your account. You must notify the Company promptly of any unauthorized use of your account or any other security breach.
7.3 Liability for Account Misuse. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by the Company or another party due to someone else using your account or password.
7.4 Use of Other Accounts. You must not use anyone else's account at any time.
7.5 Account Security. The Company cares about the integrity and security of your personal information. But the Company cannot guarantee that unauthorized third parties will never be able to defeat the Website's security measures or use any personal information you provide to the Company for improper purposes. You acknowledge that you provide your personal information at your own risk.
8. Paid Services
8.1 Recurring Billing. By starting your membership and providing or designating a payment method, you authorize the Company to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Website.
8.2 Price Changes. The Company reserves the right to adjust pricing for its service or any components of it in any manner and at any time as it may determine in its sole and absolute discretion.
8.3 Billing Cycle. The member fee for the service will be billed at the beginning of the paying part of your membership and each month afterwards until you cancel your membership.
8.4 No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods.
8.5 Cancellation. You may cancel your membership at any time, and you will continue to have access to the Website through the end of your monthly billing period.
9. Intellectual-Property Rights
9.1 The Website and its entire contents, features, and functionality (including all information, software, text, displays, images, videos, and audio, and the design, selection, and arrangement of it) are owned by the Company, its licensors, or other providers of that material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
9.2 The Company hereby grants you a limited license to use the Website for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Company's Website, except as follows:
(a) Your computer may temporarily store copies of those materials in RAM incidental to your accessing and viewing those materials.
(b) You may store files that are automatically cached by your Web browser for display enhancement purposes.
(c) You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
(d) If the Company provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, on condition that you agree to be bound by the Company's end user license agreement for those applications.
(e) If the Company provides social media features with certain content, you may take those actions as are enabled by those features.
9.3 You must not:
(a) Modify copies of any materials from this Website.
(b) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
(c) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
9.4 You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. Unauthorized commercial uses do not include uploading User Contributions to the Website to promote your business or artistic enterprise, or any other use that the Company expressly authorizes in writing.
9.5 If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of this agreement, your right to use the Website will stop immediately and you must, at the Company's option, return or destroy any copies of the materials you have made. No interest in or to the Website or any content on the Website is transferred to you, and the Company reserves all rights not expressly granted. Any use of the Website not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other laws.
10. Trademarks. The Company name, the term BIZ CASTING®, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use those marks without the Company's prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
11. Prohibited Uses
11.1 You may use the Website only for lawful purposes and in accordance with this agreement. You must not use the Website:
(a) In any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding prostitution, human-sex trafficking, or the export of data or software to and from the US or other countries).
(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
(c) To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards stated in this agreement.
(d) To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
(e) To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including by using email addresses or usernames associated with any of the foregoing).
(f) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by the Company, may harm the Company or the Website users or expose them to liability.
11.2 Additionally, you must not:
(a) Use the Website in any manner that could disable, overburden, damage, or impar the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
(b) Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
(c) Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without the Company's prior written consent.
(d) Use any device, software, or routine that interferes with the proper working of the Website.
(e) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the sever on which the Website is stored, or any server, computer, or database connected to the Website.
(g) Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
(h) Otherwise attempt to interfere with the proper working of the Website.
12. User Contributions
12.1 The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons ("post") content or materials (collectively, " User Contributions") on or through the Website.
12.2 All User Contributions must comply with the Content Standards set out in this agreement.
12.3 The Company will consider any User Contribution you post to the Website nonconfidential and nonproprietary. By providing any User Contribution on the Website, you hereby grant the Company and its affiliates and service providers, and each of their and the Company's respective licensees, successors, and assigns a worldwide, nonexclusive, sublicensable, transferable license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. In addition, you hereby grant the Company and its affiliates and service providers, and each of their and the Company's respective licensees, successors, and assigns the right to use your name and likeness in any manner and in any media, throughout the world, at any time, for advertising and promotional purposes and for any other lawful purpose. You hereby waive any right to inspect or approve the Company's use of your name and likeness.
12.4 You state that the following facts are accurate:
(a) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to the Company and its affiliates and service providers, and each of their and the Company's respective licensees, successors, and assigns;
(b) Your User Contributions do not depict any person under 18-years old; and
(c) All your User Contributions do and will comply with this agreement.
12.5 If you produce content that is covered under 18 U.S.C. § 2257 labeling requirements, you may be subject to 18 U.S.C. § 2257's name- and age-verification, record keeping, and labeling requirements. You can find more information on 18 U.S.C. § 2257 and compliance here .
12.6 You acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for that content, including its legality, reliability, accuracy, and appropriateness.
12.7 The Company is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other Website user.
13.1 The Company may:
(a) Remove or refuse to post any User Contributions for any or no reason in its sole discretion.
(b) Take any action with respect to any User Contribution that the Company considers necessary or appropriate in its sole discretion, including if the Company believes that that User Contribution violates this agreement, including the Content Standards, infringes any intellectual-property right or other right of any person or entity, threatens the personal safety of Website users or the public, or could create liability for the Company.
(c) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual-property rights or their right to privacy.
(d) Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website.
(e) Terminate or suspend your access to all or part of the Website for any reason or no reason, including any violation of this agreement.
13.2 The Company will cooperate fully with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or other information of anyone posting any materials on or through the Website. You waive and hold harmless the Company and its affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either those parties or law enforcement authorities.
13.3 The Company cannot and does not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. The Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section 13.
14. Content Standards
14.1 These content standards apply to all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. User Contributions must not:
(a) Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
(b) Promote sexually explicit or pornographic material (including images of sexual intercourse, obvious states of sexual arousal (erections), or overt sexual positions (such as noticeably visible or spread genitalia)), violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
(c) Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
(d) Be watermarked with another website's or entity's name or URL.
(e) Be taken from adult magazines, professional porn movies, or pay sites (not even their free samples).
(f) Link to adult websites or pay sites.
(h) Be likely to deceive any person.
(i) Promote any illegal activity, or advocate, promote, or assist any unlawful act, including promoting or advertising prostitution or escort services.
(j) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
(k) Impersonate any person or misrepresent your identity or affiliation with any person or organization.
(l) Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
(m) Give the impression that they emanate from or are endorsed by the Company or any other person, if this is not the case.
14.2 In addition, while using the Interactive Services, you must not
(a) Solicit funds.
(b) Stalk, harass, or otherwise advocate the stalking or harassing of another person.
(c) Solicit or discuss-directly or indirectly-prostitution or the exchange of sex for money or any other form of consideration.
(d) Request or disclose private or personal information of any person.
(e) Post hyperlinks to other websites that contain content that violates this agreement.
15. Copyright Infringement. The Company respects the intellectual property rights of others and expects the Website's users to do the same. The Company will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to the Company. If you believe that any User Contribution violates your copyright, please provide the Company's copyright agent with the following information in accordance with the Digital Millennium Copyright Act (DMCA). It is the Company's policy in appropriate circumstances to disable or terminate the user accounts of repeat infringers in accordance with the Company's repeat infringer policy.
16. Reliance on Information Posted; Third-Party Content
16.1 The information presented on or through the Website is made available solely for general information purposes. The Company is not making any warranty about the accuracy, completeness, or usefulness of this information. Any reliance you place on that information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on those materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
16.2 This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. The Company is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
16.3 Through your use of the Website, you may be exposed to third-party content that you may find offensive, objectionable, harmful, inaccurate, or deceptive. The Company cannot and does not guarantee that any third-party content will be free of material you may find objectionable or otherwise.
17. No Endorsement. The Company operates the Website as a neutral host, and the Company does not regularly monitor, regulate, or police the Website's use by any of its participants. The participation in the Website by a visitor, user, model, photographer, producer, filmmaker, or other third party (collectively, the "participants") does not constitute the Company's endorsement that participant. The Company cannot vouch for the validity, accuracy, or credibility of any User Contribution, 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 Contributions on the Website. There may also be risks of dealing with underage persons, people acting under false pretenses, international trade issues, and foreign nationals. The Company is not responsible for the acts, omissions, agreements, promises, content, products, or other services, comments, opinions, advice, statements, offers, or information of any participant. Participants are independent parties, and the Company does not, and will not, have any responsibility or liability for the acts, omissions, agreements, promises, comments, opinions, advice, statements, or offers of any participant.
18. Changes to the Website; Availability
18.1 Although the Company may update the content on the Website on one or more occasions, the content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and the Company is not required to update that material.
18.2 While the Company will try to make sure that the Website is always available, it does not guarantee continuous, uninterrupted, or secure access to the Website. Many factors or circumstances outside of the Company's control may interfere with or adversely affect its operation of the Website.
20. Links to other Websites. The Website may contain links to third-party websites or resources. You acknowledge that the Company is not responsible or liable for: (1) the availability or accuracy of those websites or resources; or (2) the content, products, or services on or available from those websites or resources. Links to third-party websites or resources do not imply any endorsement by the Company of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
21. Geographic Restrictions. The Company is based in the state of Nevada in the United States. The Company provides this Website for use only by persons located in the United States. The Company is not making any statement that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website might not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for complying with local laws. If you access the Website in a jurisdiction that prohibits or restricts its use, the Company will not have any liability to you for your use of the Website.
22.1 You acknowledge that the Company cannot and does not state that files available for downloading from the Internet or the Website will be free from loss, corruption, attack, viruses or other destructive code, interference, hacking, or other security intrusions. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for keeping a means external to the Website for any reconstruction of any lost data. The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on the Website, or on any website linked to the Website.
22.2 Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. The Company provides the Website, its content, and any services or items obtained through the Website "as is," "with all faults," and "as available," without making any warranty, either express or implied. The Company is not making any warranty (1) that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that the Website or the server that makes it available are free of viruses or other harmful components; or (4) that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
22.3 Neither the Company nor its subsidiaries, divisions, affiliates, agents, representatives, or licensors are making any warranty about the legitimacy of any model or other professional depicted on this Website.
22.4 The Company is not making any warranty, whether express, implied, statutory, or otherwise, including the warranty of merchantability, noninfringement, and fitness for a particular purpose. No advice or information, whether oral or written, obtained from the Company, the Website, or elsewhere will create any warranty not expressly stated in this agreement.
23.1 The Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any of the following:
(a) Errors, mistakes, or inaccuracies of content;
(b) Personal injury or property damage resulting from your access to and use of the Website or its content;
(c) Content (including User Contributions) or conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libelous, abusive, invasive of privacy, or illegal;
(d) Unauthorized access to or use of the Company's servers and any personal or financial information stored in them, including unauthorized access or changes to your account, submissions, transmissions, or data;
(e) Interruption or cessation of transmission to or from the Website;
(f) Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Website by any person or that might infect your computer or affect your access to or use of the Website, your other services, hardware, or software;
(g) Incompatibility between the Website and your other services, hardware, or software;
(h) Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with the Website;
(i) Loss or damage arising out of your communications or dealings with any of the businesses, advertisers, or users of the Website; or
(j) Loss or damage incurred because of the use of any User Contribution posted, emailed, sent, or otherwise made available through the Website.
23.2 You hereby release the Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers from all liability arising out of User Contributions or the conduct of other users or third parties, including disputes between you and one or more other users or third parties. Your communications or dealings with users or third parties are solely between you and them.
24.1 Unless caused by gross negligence or intentional misconduct, the Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of or relating to your access or your inability to access the Website or the content. This exclusion applies regardless of the theory of liability and even if you told the Company about the possibility of these damages or the Company knew or should have known about the possibility of these damages.
24.2 The Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Website or the content. This exclusion applies regardless of the theory of liability and even if you told the Company about the possibility of these damages or the Company knew or should have known about the possibility of these damages.
24.3 If you are dissatisfied with the Website or have any other complaint, your exclusive remedy is to stop using the Website and cancel your subscriptions. The maximum liability of the Company and its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers to you for any claim will not exceed the greater of $100 and the amount you have paid to the Company for the applicable purchase out of which liability arose even if the remedy fails of its essential purpose.
25. Scope of Disclaimers, Exclusions, and Limits. The disclaimers, exclusions, and limits stated in sections 22, 23, and 24 apply to the greatest extent allowed by law, but no more. The Company does not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages or other matters, one or more of the disclaimers, exclusions, or limits will not apply to you.
26.1 In General. You will pay the Company, its directors, officers, employees, agents, contractors, subsidiaries, affiliates, partners, licensors, content providers, and service providers (collectively, the "Indemnified Parties") for any loss of an Indemnified Party that is caused by any of the following (whether actual or alleged): (a) your use of the Website; (b) your breach of this agreement; (c) your violation of applicable law; (d) your submission, posting, or transmission of user content to the Website; (e) your violation of a third party's rights, or (f) your tortious or criminal acts or omissions. But you are not required to pay if the loss was caused by the Indemnified Party's actual intentional misconduct.
(a) "Loss" means an amount that the Indemnified Party is legally responsible for or pays in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages.
(b) A loss is "caused by" an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
26.3 The Indemnified Party's Duty to Notify You. The Indemnified Party will notify you before the 30th day after the Indemnified Party knows or should reasonably have known of a claim for a loss that you might be compelled to pay. But the Indemnified Party's failure to timely notify you does not end your obligation, except if that failure prejudices your ability to defend or mitigate losses.
26.4 Legal Defense of a Claim. The Indemnified Party has control over defending a claim for a loss (including settling it) unless the Indemnified Party directs you to control the defense. If the Indemnified Party directs you to control the defense, you will not settle any litigation without the Indemnified Party's written consent if the settlement (1) imposes a penalty or limitation on the Indemnified Party, (2) admits the Indemnified Party's fault, or (3) does not fully release the Indemnified Party from liability. You and the Indemnified Party will cooperate with each other in good faith on a claim.
26.5 No Exclusivity. The Indemnified Party's rights under this section 26 do not affect other rights the Indemnified Party might have.
27. Dispute Resolution
27.1 Litigation Election. Either party may elect to litigate the following type of case or controversy: (a) an action seeking injunctive or other equitable relief, or (b) a suit to compel compliance with this dispute resolution procedure.
27.2 Negotiation. Each party will allow the other a reasonable opportunity to comply before it claims that the other has not met the duties under this agreement. The parties will first meet and negotiate with each other in good faith to try to resolve all disputes between the parties arising out of or relating to the subject matter of this agreement.
27.3 Mediation. If the parties cannot settle a dispute arising out of or relating to the subject matter of this agreement through negotiation after 30 days, either party may, by notice to the other party and the American Arbitration Association, demand mediation under the Commercial Mediation Rules of the American Arbitration Association. Mediation will take place in Henderson, Nevada, U.S.A. The language of the mediation will be English. Each party will bear its own costs in mediation, and the parties will share equally between them all third-party mediation costs unless the parties agree differently in writing. Each party will participate actively and constructively in mediation proceedings once started and will attend at least one joint meeting between the mediator and the parties. Any party may terminate mediation at any time after an initial meeting between the mediator and the parties.
(a) Claim Procedure. If the parties cannot settle a dispute through mediation, the parties must settle any unresolved dispute arising out of or relating to the subject matter of this agreement, or the breach of it, by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules before a single arbitrator. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, enforceability, or formation of this agreement, including any claim that all or any part of this agreement is void or voidable.
(b) Arbitration Location. Unless the parties agree otherwise in writing, the arbitration will take place in Henderson, Nevada, U.S.A.
(c) Arbitration Fees. Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with the arbitration.
(d) Arbitration Award. The arbitrator may grant whatever relief that would be available in a court at law or in equity, except that the arbitrator must not award punitive or exemplary damages, or damages otherwise limited or excluded in this agreement. The award rendered by the arbitrator must include costs of arbitration, reasonable legal fees in accordance with section 27.7, and reasonable costs for expert and other witnesses. The arbitrator's award must bind the parties and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(e) Confidentiality. Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under this agreement without the advance written consent of both parties.
27.5 Injunctive Relief. The parties acknowledge that breach by either party of the obligations under this agreement could cause irreparable harm for which damages would be an inadequate remedy. If any breach occurs or is threatened, the injury party may promptly seek enforcement of this agreement by means of specific performance, injunction, restraining order, or any other equitable remedy, in each case without posting a bond or other security and without proof of actual money damages in connection with the claim.
(a) If a party brings any court proceeding authorized under this agreement, that party will bring that court proceeding only in the United States District Court for the District of Nevada or in any state court of competent jurisdiction in Clark County, Nevada, and each party hereby submits to the exclusive jurisdiction and venue of those courts for purposes of any court proceeding, except that judgement on an award rendered in arbitration may be entered in any court of competent jurisdiction.
(b) Each party hereby waives any claim that any court proceeding brought in accordance with section 27.6(a) has been brought in an inconvenient forum or that the venue of that court proceeding is improper.
27.7 Recovery of Expenses. In any proceedings between the parties arising out of or relating to the subject matter of this agreement, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses. For purposes of this section 27.7, "prevailing party" means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the prevailing party. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither party will be the prevailing party in those proceedings.
27.8 Jury Trial Waiver. Each party hereby waives its right to a trial by jury in any proceedings arising out of, or relating to the subject matter of, this agreement. Either party may enforce this waiver up to and including the first day of trial.
27.9 Class Action Waiver. All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the Company agrees otherwise, the arbitrator will not consolidate more than one person's claims. Both parties acknowledge that each party is waiving the right to participate in a class action.
27.10 Limited Time to Bring Claims. A party will not bring a claim arising out of or relating to the Website or this agreement more than one year after the cause of action arose. Any claim brought after one year is barred.
28.1 Entire Agreement. This agreement constitutes the entire agreement between you and the Company about your access to and use of the Website. It supersedes all earlier or contemporaneous agreements between you and the Company about access to and use of the Website. A printed version of this agreement will be admissible in any proceedings arising out of or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and kept in printed form. Any additional terms on the Website will govern the items to which they pertain.
28.2 Assignment and Delegation. The Company may assign its rights or delegate any performance under this agreement without your consent. You will not assign your rights or delegate your performance under this agreement without The Company's advance written consent. Any attempted assignment of rights or delegation of performance in breach of this section 28.2 is void.
28.3 Waivers. The parties may waive any provision in this agreement only by a writing signed by the party or parties against whom the waiver is sought to be enforced. No failure or delay in exercising any right or remedy, or in requiring the satisfaction of any condition, under this agreement, and no act, omission, or course of dealing between the parties, operates as a waiver or estoppel of any right, remedy, or condition. A waiver made in writing on one occasion is effective only in that instance and only for the purpose stated. A waiver once given is not to be construed as a waiver on any future occasion or against any other person.
(a) that if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded;
(b) that if modifying or disregarding the unenforceable provision would result in failure of an essential purpose of this agreement, the entire agreement will be held unenforceable;
(c) that if an unenforceable provision is modified or disregarded in accordance with this section 28.4, then the rest of the agreement will remain in effect as written; and
(d) that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
28.5 Notices. For a notice or other communication under this agreement to be valid, it must be in writing and delivered by email. A valid notice or other communication under this agreement will be effective when received by the party to which it is addressed. It will be deemed to have been received as follows: (a) when the party to which the email is addressed acknowledges having received that email; and (b) if the party to which it is addressed rejects or otherwise refuses to accept it, or if it cannot be delivered because of a change in email address for which no notice was given, then on that rejection, refusal, or inability to deliver. You may address notice to the Company to email@example.com unless a specific email address is stated for giving notice for that particular issue. The Company may address any notice to you to the last known email address the Company has for you.
28.6 Governing Law. Nevada law, without giving effect to its conflicts of law principles, governs all matters arising out of or relating to this agreement, including the validity, interpretation, construction, performance, and enforcement of this agreement. The predominant purpose of this agreement is providing services and licensing access to intellectual property and not a "sale of goods."
28.7 Force Majeure. The Company is not responsible for any failure to perform if unforeseen circumstances or causes beyond The Company's reasonable control delays or continues to delay The Company's performance, including:
(a) Acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;
(b) War, riot, arson, embargoes, acts of civil or military authority, or terrorism;
(c) Fiber cuts;
(d) Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials;
(e) Failure of the telecommunications or information services infrastructure; and
(f) Hacking, SPAM, DDOS attacks, or any failure of a computer, server, network, or software.
28.8 No Third-Party Beneficiaries. This agreement does not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.
28.9 Relationship of the Parties. This agreement does not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship between the parties and the parties expressly disclaim the existence of any of these relationships between them. Neither of the parties is the agent for the other, and neither party has the right to bind the other on any agreement with a third party.
28.10 Successors and Assigns. This agreement inures to the benefit of, and binds, the parties and their respective successors and assigns. This section 28.10 does not address, directly or indirectly, whether a party may assign rights or delegate obligations under this agreement. Section 28.2 addresses these matters.
28.11 Electronic Communications Not Private. The Company does not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to the Company or from the Company as open communications readily accessible to the public. You should not use the Website to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to the Website regardless of whether they are intended recipients.
28.12 Electronic Signatures. Any affirmation, assent, or agreement you send through the Website will bind you. You acknowledge that when you click on an "I agree," "I consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
28.13 Consumer Rights Information-California Residents Only. This section 28.13 applies only to California residents. In compliance with section 1789 of the California Civil Code, please note the following:
Biz Casting Inc.
1851 N. Green Valley Pkwy. #2422
Henderson, Nevada 89074
To access certain parts or features of the Website, you may have to purchase a subscription. You may contact the Company at firstname.lastname@example.org to resolve any disputes or to receive further information about the Website.
28.14 Complaints- California Residents Only. You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.
28.15 Feedback. The Company encourages you to give feedback about the Website. But the Company will not treat as confidential any suggestion or idea you give, and nothing in this agreement will restrict the Company's right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
28.16 English language. The Company has drafted this agreement in the English language. The Company assumes that you can read and understand the English language. The Company is not liable to you or any other person for any costs or expenses incurred to translate this agreement into another language. The English language version controls over any translated version.
28.17 No Reliance. You acknowledge that in electronically signing this agreement, you do not rely and have not relied on any statement by the Company or its agents, except those statements contained in this agreement.
28.18 Contact Information. If you have any questions or comments about this agreement or the Website, please email the Company at email@example.com.