BizCasting.com
Terms-of-Service Agreement

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 abuse@bizcasting.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 of www.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 legal@bizcasting.com 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 visit staysafeonline.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.

7.6           Consent to Electronic Communications. By registering for an account, you consent to receive electronic communications from the Company relating to your account. These communications may involve sending emails to your email address provided during registration or posting communications on the Website and will include notices about your account (e.g., change in password, confirmation emails, and other transactional information) and are part of your relationship with the Company. You acknowledge that any notices, agreements, disclosures, or other communications that the Company sends to you electronically will satisfy any legal communication requirements, including that these communications be in writing. The Company recommends that you keep copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receive certain other communications from the Company, including newsletters about new features and content, special offers, promotional announcements, and customer surveys via email or other methods. If you wish to withdraw your consent to receiving certain non-transactional communications from the Company at any time, you may withdraw your consent in the manner stated in the Privacy Policy.

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