Consent to Terms and Conditions
Use of the Website
Description of Services
Casting Coin provides a software platform that enables talent providers in the fashion industry, such as photographers, models, hair and makeup artists, stylists, photo retouchers, fashion stylist, and fashion influencers (“Providers”), can feature their best work and get booked directly by businesses seeking their particular talent (“Bookers”; collectively, Providers and Bookers are “Members”). The platform eliminates the need to use booking agents or referrals from friends and family, or search for assignments and/or talent in or from unreliable sources. Bookers are able to browse the profiles of Providers on the Site, book and pay Providers, and Providers are able to browse the Bookers who are seeking to identify talent for particular jobs or positions (the “Services”).
Any person from the public can use our search engine to search for a Provider. Bookers are not publicly visible on the site. Profiles of Providers and that are accessible to the public display information about the Provider, including location, experience, stats, and name that the Provider sets in their Profile. Bookers search Providers by specific criteria and can message them directly or book time immediately. Providers must accept booking terms at which point the Booker sends a binding contract which the Provider signs electronically thus confirming the booking date, times, location, and rate. Providers are required not to list contact information in their public profile. More detailed versions of the Provider’s profile are displayed to Members who book time with a Provider, including the Provider’s contact information.
Ownership of the Site and Services
You acknowledge that you have no ownership rights in the Materials. You further understand and agree that you will not use any trademarks, trade names, services marks, copyrights or logos of Casting Coin (collectively, “Casting Coin intellectual property”) in any manner which creates the impression that such items belong to or are associated with you, or except as otherwise provided and with Casting Coin’s consent.
Except as otherwise indicated on the Site, copying, reproducing, uploading, downloading, transmitting or any other use of the Site or of any of the Materials, in whole or part, without the express permission of Casting Coin, is prohibited. Any unauthorized access to, use or copying of the Site and/or the Materials may subject you to liability under applicable law, and may result in legal action.
Ownership of Your Content
In connection with your use of the Website and our Services, you may upload and/or submit photographs, post social media links, logos, contact information, reviews, feedback, commentary and other content to the Site (your Content). You may access and change your Content at any time. In uploading information to the website for a Profile, you assert that you have the right of ownership or use of the content that you upload. Members and Providers are expressly prohibited from posting photos, content, or materials of and relating to so-called adult content, pornographic content, and sexually explicit materials.
You are legally responsible for your Content and shall use it as contemplated in these Terms and Conditions. Casting Coin is not responsible for your Content. You have and will retain full ownership of your Content, subject to the ownership rights of third parties. You represent and warrant that you have all the rights necessary to your Content. You are also responsible for any of your Content that may be lost or unrecoverable through your use of the Services.
Provision of the Services by Casting Coin
You acknowledge and agree that if Casting Coin disables access to the Site, you may be prevented from accessing the Services, your Membership details or any files or other content which is contained in your profile or otherwise which you have uploaded onto the Site.
Setting Up Your Account
Registering As A Provider
Signing up as a Provider is free and requires you to register as a Member. Potential providers must provide full name, profile photo, and three portfolio images. Acceptance as a Provider is decided upon by a jury of three Casting Coin executives.
Registering As A Booker
Signing up as a Booker is free and requires you to register as a Member. Bookers must provide a full business name and location. Acceptance as a Booker is decided upon by a jury of three Casting Coin executives.
Casting Coin is a platform and does not directly collect any fees. All fees are paid through a payment gateway system that holds the fees in escrow until the job is successfully complete. When job is successfully completed funds are distributed to the Provider with 25% distributed to Casting Coin, Inc.
Casting Coin Commissions
Certain fees and commissions are applicable to transactions between Bookers and Providers. Casting Coin receives 25% of the entire fee. 15% is added onto the negotiated fee for Provider and 10% is deducted from the Provider’s fees. Additionally, $10 is deducted from the Provider’s first booking to pay for the initial background check. If a Provider does not book a job Casting Coin forfeits the $10 fee. The $10 background fee is a one-time deduction. Providers are solely responsible for accounting for earnings received through the Casting Coin booking platform and Website. If you provide services through the Website, you are responsible for all applicable federal, state and local taxes.
Providers are responsible for setting and maintaining their availability, accurately representing their services, and setting fair market value prices for their time. Providers are responsible for fulfilling services booked. We do not make suggestions for the kinds of services or prices offered, and are not responsible for the nature and quality of the services provided. Members are responsible for being present for services booked. Bookers are solely responsible for verifying a Provider’s identity, qualifications, credentials, biographic information, licenses required and/or held, and any other information about the Provider. Casting Coin does independently verify the identity, qualifications, and any other information about a Provider, and performs a background when Provider is accepted on the website. Casting Coin is not responsible for any act or omission of any Provider or any negative details about Provider that may not be caught during the background check.
Messaging on the Website
Providers, Bookers, and Casting Coin, Inc can message each other privately. Providers and Bookers can opt into receiving notifications for messages on the site or their mobile phone. Notifications will not be sent unless the individual users opt-into receiving them.
We encourage Members to attempt to resolve any dispute that may have arisen by contacting one another and trying to resolve the dispute amicably. We ask Members to first make every good faith effort to resolve any and every dispute between them. Casting Coin is not an intermediary acting on behalf of a Booker or a Provider. In the event that a Provider does not fulfil their obligations or a situation arises where Provider and Booker cannot come to a resolution, Casting Coin will help act as a mediator, although Casting Coin is not required to do so.
Whether or not you request assistance from Casting Coin in resolving a dispute you have with another Member, Casting Coin has no liability to you for and you release Casting Coin from any claims, demands and damages arising out of disputes with Bookers or Providers.
Termination or Cancellation of Your Account
You may terminate your Account with Casting Coin at any time, at your sole discretion, by clicking the “delete account” button in the setting section of your Account. Terminating your Account will not affect the availability of some of your Content that you posted through the Services prior to termination. Terminating your Account also does not terminate any existing obligations you have to Members; in other words, you will still be responsible for appearing for any appointment and/or fulfilling any transaction that you booked or entered into prior to terminating your Account.
We may terminate or suspend your Account and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, including but not limited to booking appointments or providing services on or through the Website. Casting Coin may refuse service to anyone, at any time, for any reason. Should you wish to inquire about the deactivation of your account, you can contact Casting Coin at firstname.lastname@example.org
Use in the United States
The Website is intended for use within the United States, and we control and operate the Website from the United States. We make no representation that materials on the Website are appropriate or available for use outside the United States. If you choose to access the Website from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Providers are responsible for providing the price or hourly rates for their services offered and booked through Casting Coin. Casting Coin acts as a venue to allow Providers and Bookers to arrange for bookings of Provider services. Casting Coin is not directly involved in any transaction between Providers and Bookers. As a result, Casting Coin has no control over services or booking availability or opportunities listed on the Site, the validity of claims made by its Members, or the ability of both Providers and Bookers to carry out the transactions agreed to on the Site. Therefore, Casting Coin cannot ensure that a Provider or Booker will actually complete a transaction. Casting Coin simply acts a venue for Providers and Bookers to agree on booking terms; it is not responsible for validating, enforcing, or otherwise carrying out any bookings made through the Sites. Casting Coin is not responsible for payments or payment terms or pricing of services under any circumstance.
Casting Coin does not charge any fees for use of its services, but does charge a 15% commission to Bookers for the negotiated final fee, and deducts 10% commission from the Providers full, final fee. By using this site, you (a) acknowledge your awareness of any and all fees applicable to your use (or the use of your agent, successor-in-interest, or affiliate) of the site or services, (b) waive any lack of notice or like defense to the imposition of said fees, (c) agree to pay all fees applicable to any and all transactions to which you, or your agent(s), successor-in-interest, or affiliate(s), if any, are a party, and (d) accept and agree to be bound by the payment terms and conditions as set forth hereinafter, as well as all other provisions of this agreement which are incorporated in these payment terms and conditions by reference.
Members May NOT:
Engage in fraudulent or illegal activity. We expressly do not tolerate fraudulent and illegal activity in any shape or form. We expect Members to maintain professional standards and to abide by local, state, and federal laws. If you as a Member violate these terms and conditions, we reserve the right to immediately deactivate your account and to cooperate with enforcement processes.
Members are expressly prohibited from posting photos, content, or materials of and relating to so-called adult content, pornographic content, and sexually explicit materials.
Members are expressly prohibited from engaging in solicitations of any kind, bullying, defamation, slander, libel, and hate-based activity, hate-based behaviors, and hate-based speech.
Members are responsible for your Content and your communications with others while using the Site and the Services. You agree not to submit any Content that: (i) is known to you to be false, inaccurate or misleading; (ii) infringes anyone’s copyright, patent, trademark or other intellectual property rights; (iii) violates any law, statute, ordinance, or regulation; and (iv) is or may reasonably be considered to be libelous, defamatory, obscene, abusive or otherwise constitutes or advocates illegal activity.
You are responsible for ensuring that you have all necessary rights and permissions from third parties whose content you submit to the Site.
You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all data and/or your equipment. You agree that you will not upload any spyware or malicious software to the Site.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site and Services.
In connection with your use of the Site and the Services, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Website, Services or Content;
- dilute, tarnish or otherwise harm the Casting Coin brand in any way, including through unauthorized use of Content, registering and/or using Casting Coin or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Casting Coin domains, trademarks, taglines, promotional campaigns or Content
- infringe the rights of Casting Coin or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
- interfere with or damage our Website or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- register for more than one Casting Coin account or register for a Casting Coin account on behalf of an individual other than yourself;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
With respect to all communications you make to Casting Coin directly and/or through the Site, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Casting Coin shall have no obligation to protect your communications from disclosure; (ii) Casting Coin shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation; and (iii) Casting Coin shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
Visitors to the Site—whether or not they are Members—are prohibited from scraping, cataloging, misappropriating, mirroring, sniffing, spoofing, phishing, backchaining, tracing, compressing data and information contained on the Site.
Copyright Infringement - Notice and Take-Down Policy
Casting Coin values intellectual property and respects the intellectual property rights of others, and will remove materials on the Website that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on the Website, then you may notify Casting Coin in writing as follows:
Name of Contact and contact information
Electronic Mail Address: copyright@_____.com
In your notice, you must include the following:
- a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
- identification of the copyrighted work(s) that is (are) allegedly being infringed;
- identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow Casting Coin to locate such materials;
- contact information (i.e., name, address, email address) sufficient to enable Casting Coin to contact you;
- a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.
U.S. Export Controls
Software from or related to the Site (the “Software”) may be subject to United States export controls or the export controls of other countries from where you access the Site. No Software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. or other countries' export laws, as applicable. Downloading or using the Software is at your sole risk.
Limitation of Liability and Warranty and Use Disclaimer
THE SITE, ALL MATERIAL CONTAINED ON THE SITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE SITE, THEIR FEATURES AND FUNCTIONS, WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO WARRANTIES REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SITE OR THE MATERIALS CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN THE SITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING WITHOUT NOTICE AT ANY TIME. CASTING COIN RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS SITE WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. UNLESS PROHIBITED BY LAW, CASTING COIN SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, CONSEQUENTIAL, DIRECT, INDIRECT AND/OR SPECIAL DAMAGES, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE OR ACCESS THE SITE OR ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE.
Transmitting and Downloading
Casting Coin is not responsible for any damages incurred as a result of any interruption, transmission blackout, delayed transmission or incorrect data transmission over the Internet.
Casting Coin does not warrant or represent that the Site will meet your requirements, that access will not be interrupted or delayed, that there will be no failures, errors or omissions or loss of transmitted information, that no viruses will be transmitted or that no damage will occur to your computer system.
You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all data and/or equipment.
Unless prohibited by law, you agree to indemnify, defend and hold harmless Casting Coin, its parent, subsidiaries and affiliated entities and each of their respective officers, directors, employees and agents from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) arising from or in connection with: (i) your use of the Site; (ii) your violation of these Terms and Conditions; and/or (iii) any Content submitted by you to the Site. You agree that your representations and warranties, and obligation to indemnify Casting Coin, shall survive beyond any term that these Terms and Conditions are in effect.
When you communicate with Casting Coin electronically, via email or otherwise, you consent to receive electronic communications from Casting Coin. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Casting Coin satisfy any legal requirement that such communication be in writing.
Changes in Policy
From time to time, the policies set forth in these Terms and Conditions may change. We will post changes to the Terms and Conditions of Use at the Site. Please review these Terms and Conditions of Use often so that you will remain abreast of our current policies. Your use of the Site subsequent to any amendment of these Terms and Conditions will signify your acceptance of, and assent to, the revised terms.
These Terms and Conditions of Use were last updated on __/__/2018 and are effective immediately.
Acquisition of Business
In the event that Casting Coin is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that the Site and all of Casting Coin’s rights hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, Casting Coin will post a notice to such effect on the Site.
If you have any questions concerning our website or any of the policies set forth in these Terms and Conditions of Use, please contact us by emailing email@example.com
Disputes and Governing Law
Use of the Site and these Terms and Conditions shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms and Conditions is deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms and Conditions shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify such portion of these Terms and Conditions to the extent necessary to make such portion of these Terms and Conditions enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such portion of these Terms and Conditions would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms and Conditions. No narrowed construction, modification or invalidation of any portion of the Terms and Conditions shall affect the construction, validity or enforceability of such portion in any other jurisdiction. No waiver by Casting Coin of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and Casting Coin’s failure to assert any right or demand compliance with any provision of these Terms and Conditions shall not be deemed to constitute a waiver of any such right or provision.
Except where prohibited by law, as a condition of you accessing and/or using the Site, you agree that (1) any and all disputes and causes of action you seek to bring arising out of or connected with the Site or the Material shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in New York within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association (“AAA”); and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. Unless prohibited by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.
The rules governing arbitration are different than those in court. Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court. Except as may otherwise be provided in AAA’s Consumer Due Process Protocol that allows consumers to file certain claims in small claims court, you understand that by accepting these Terms and Conditions, you are giving up your right to a trial in court, either with or without a jury.
CLASS ACTION WAIVER. Any Claim must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.
Unless prohibited by law, under no circumstances will you be permitted to obtain an award for, and by accessing and/or using the Site you waive all rights to claim, punitive, incidental, consequential or any other indirect damages (including multiplied and/or increased damages and/or attorneys’ fees and court costs) for any dispute or cause of action that you may have that relates in whole or part to the Site and/or the Material. Notwithstanding anything to the contrary set forth in these Terms and Conditions or otherwise, your recovery with respect to any and all claims, judgments, and awards for which you are entitled shall, unless prohibited by law, be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
Notwithstanding anything to the contrary set forth in these Terms and Conditions, Casting Coin may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York and/or in any other court chosen by Casting Coin in the event that Casting Coin believes that there is a violation, or a threatened violation, of any of Casting Coin’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.