a. ActorCast is a website and service that is owned and operated by Cast It Systems, LLC, (referred to herein as "Cast It"). When you choose to use this website and the services provided by ActorCast in connection therewith (collectively, the "Service"), you are agreeing to all of the terms and conditions of set forth herein ("Terms of Use") and the terms and conditions of the privacy policy of ActorCast ("Privacy Policy") which are incorporated herein by this reference.

b. Cast It is also the owner and operator of the website and services located at www.castit.biz (referred to herein as the "Cast It Website"), which is a private and secured online service used by entertainment professionals, such as casting directors, studio executives and producers for their respective casting needs. Since your information and any other content submitted by you through ActorCast may also be made available to and shared with the members of the Cast It Website, these terms and conditions shall also govern such uses that may occur in connection with the Cast It Website.

c. ActorCast may change, add or remove portions of these Terms of Use at any time, but if ActorCast does so, ActorCast will post such changes on the Service.

d. Your continued use of the Service now, or following the posting of notice of any changes in these operating rules, will indicate acceptance by you of such rules, changes, or modifications.

e. ActorCast may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. ActorCast may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

f. Certain products or services offered by the Service may be governed by additional terms and conditions ("Additional Terms") which shall supplement these Terms of Use. In such event you must agree to such Additional Terms prior to using those products or services to which the Additional Terms apply. Unless specifically stated otherwise, in the event that any provisions of the Additional Terms conflict with these Terms of Use, then the Additional Terms shall govern with respect to solely those conflicting provisions.

g. You affirm that you are either more than 18 years of age or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. Please read the specific policies regarding collection and use of information for users under 13 years of age contained in the Privacy Policy.

a. ActorCast hereby grants you permission to use the Service as set forth in this Terms of Use, provided that: (i) your use of the Service as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Service in any medium without the prior written authorization of ActorCast; (iii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.

b. In order to access the primary features of the Service, you will have to register with ActorCast. In doing so you will be required to create an account by choosing a username and password. You shall not use another's account, username or password at any time without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ActorCast immediately of any breach of security or unauthorized use of your account.

c. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation purposes unless in accordance with the intended purpose of the Service.

As a condition to your use and access to the Service, in whole or in part, you shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by ActorCast or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you in accordance with any then-current payment policies. You shall pay all applicable taxes relating to use of the Service through your account. A schedule of all such current fees, charges, and/or payment policies is available by clicking here. ActorCast reserves the right at any time to modify or change such fees or to charge additional fees for access to portions of the Service or the Service as a whole, provided that ActorCast agrees to obtain your prior agreement to pay such charges. Thus, in such event, ActorCast will give you advance notice of such change of fees and the opportunity to cancel your account before such charges are imposed. All new fees, if any, will be posted here and in other appropriate locations on the Service.

a. The contents of the Service are provided AS IS and are intended for your personal, noncommercial use. All materials published on the Service (including, but not limited to text, software, photographs, images, illustrations, sounds, music, and videos, also known as the "Content") are protected by and subject to copyright, trademark, patent, trade secret and other laws and are owned or controlled by ActorCast or its licensees (whether or not such licensees are credited as the provider of the Content). ActorCast reserves all rights in and to the Content not expressly granted to you hereunder. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service

b. The Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, broadcast, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section 4), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service in whole or in part.

c. Copying or storing of any Content for other than personal use is expressly prohibited without the prior written permission of ActorCast.

d. You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service ("Access Software"). You may not sublicense, assign or transfer any licenses granted by ActorCast, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software.

a. You are solely responsible for the content of any submission you make to the Service. Such content shall include, without limitation, music, videos, sounds, messages, text, files, photos, profiles, likenesses, caricatures, or other media or materials submitted by you and other users ("User Content") for the purpose of hosting, sharing, displaying or publishing such User Content ("posting") via the Service. Without limiting the foregoing, for purposes of clarification, User Content shall include any and all content made available through the Service by its users, including, without limitation, actors, agents, managers, studio executives, casting directors and other entertainment professionals (union, non-union, independent or otherwise) and including users of ActorCast or users of Cast It which content is made available through ActorCast.

b. You shall be solely responsible for your own User Content and the consequences of posting them. In connection with your own User Content, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize ActorCast to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable the inclusion and use of the User Content by the Service and these Terms of Use; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in each item of the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Service and these Terms of Use, and (iii) ActorCast is not able to return to you any copies of User Content submitted by you and you agree that you have and shall at all times retain at least one copy of each item of User Content and do hereby release ActorCast from any and all liability for loss or other damage to any copies of User Content.

c. For clarity, ActorCast does not claim any ownership rights in and to the User Content that you post via the Service, and between you and ActorCast, you retain all of your ownership rights therein and thereto. However, by submitting the User Content to ActorCast, you hereby grant to ActorCast a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, modify, display, and perform the User Content in connection with the Service and its (and its successor's) business, including, without limitation, for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channel. In that connection, you hereby waive any moral rights you may have in respect of any alteration of modification of any item of User Content by ActorCast. You also hereby grant each user of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, modify, display and perform such User Content as solely permitted through the functionality of the Service and under these Terms of Use.

d. Your grant of rights in and to the User Content that you post via the Service shall in no way be construed as an obligation of ActorCast to display or otherwise use any item of User Content on the Site. Further, you acknowledge and agree that with respect to your submitting to ActorCast any item of User Content via the Service, ActorCast has no intent to compensate you in any way and that you have no expectation of any compensation.

e. ActorCast, its affiliates and related entities do not accept unsolicited materials or ideas for use or publication in its publications, broadcast programming, or its digital and electronic media. As such, ActorCast, its affiliates and related entities shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted or submitted to the Service.

f. In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant to ActorCast all of the license rights granted herein; (ii) publish falsehoods or misrepresentations; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business except as may be specifically requested and/or authorized by ActorCast. ActorCast does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and ActorCast expressly disclaim any and all liability in connection with User Content. ActorCast does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and ActorCast will remove all User Content if properly notified that such User Content infringes on another's intellectual property rights. ActorCast reserves the right to remove User Content and/or terminate your access to the Service without prior notice for any reason. ActorCast also reserves the right to decide whether User Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.

g. In particular, if you are a copyright owner or an agent thereof and believe that any item of User Content or other material on the Service infringes upon your copyrights, you may submit a notification to ActorCast of such claim, provided that you must submit your notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Copyright Agent for ActorCast with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;

v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

h. The designated Copyright Agent for ActorCast to receive notifications of claimed infringement is: Milton E. Olin, Jr., Esq., Altschul & Olin, LLP, 16133 Ventura Blvd., Suite 1270, Encino, CA 91436, email: copyright@actorcast.com. telephone: 818-990-1800, fax: 818-990-1429. For clarity, only DMCA notices should go to the Copyright Agent. Other feedback, comments, requests for technical support, and other communications should be directed to Customer Service. You acknowledge that if you fail to comply with all of the requirements of this Section 5(g), your DMCA notice may not be valid.

i. If you are the owner of any intellectual property other than copyrighted materials (such as, for example, a trademark), or an agent thereof, and believe that any item of User Content or other materials on the Service infringes upon your rights in such intellectually property, you must submit a notification to ActorCast in the same manner as provided above in respect of notice of copyright infringement, including providing the same information in writing to the designated Copyright Agent set forth above.

j. You understand that when using the Service, you will be exposed to User Content from a variety of sources, and that ActorCast is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ActorCast with respect thereto, and agree to indemnify and hold ActorCast, its successors, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.

a. You understand that when using the Service, you will have access to or otherwise be exposed to User Content from a variety of sources, and that ActorCast is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ActorCast with respect thereto, and agree to indemnify and hold ActorCast, its successors, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.

b. It is further acknowledged and understood that the Service may provide features and functionalities that facilitate interactions between users and between users and organizations and/or individuals independent from ActorCast and its users.

c. Your interactions with other parties found on or through the Service (i.e. organizations and/or individuals posting for auditions and other solicitations for services), including, without limitation, payment and delivery of goods or services, and any other terms, conditions, obligations, warranties or representations associated with such dealings, are solely between you and such other parties. In that connection, you should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any other user or third party organization and/or individual found on or through the Service.

d. You agree that ActorCast shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between users on the Service, or between users and any third party, you understand and agree that ActorCast is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release ActorCast, its officers, employees, agents and successors, affiliates, and/or licensors from all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service and agree to indemnify and hold ActorCast, its officers, employees, agents successors, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related thereto. If you are a California resident, you expressly waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."

7.1 As stated above, these Terms of Use include the terms and conditions of the Privacy Policy, a copy of which is located here, and which is hereby incorporated by reference. In the event that there exists any inconsistency between these Terms of Use and the Privacy Policy, the terms and conditions of the Privacy Policy shall control.

8.1 The Service may contain links to third party websites that are not owned or controlled by ActorCast. ActorCast has no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, ActorCast will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly release ActorCast from any and all liability arising from your use of any third-party website. Accordingly, ActorCast encourages you to be aware when you leave the Service and to read the terms and conditions and privacy policy of any other website that you visit.

9.1 You acknowledge that certain features of the Service may allow or facilitate interaction between and among its users, including between and among actors, agents, managers, studio executives, casting directors and other entertainment professionals. In that connection, ActorCast does not promise that you will obtain any specific result (for example, but not limited to, employment or representation) from your use the Service. As such, ActorCast specifically disclaims any liability for the actions of any of its users or the information contained on the Service, or for the consequences of any actions taken by you on the basis of the actions of any of its users or the information contained on the Service.

10.1 You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, ActorCast, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service and your use thereof. ActorCast makes no warranties or representations about the accuracy or completeness of the content of the Service or the content of any sites linked to this Service and assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of the secure servers of ActorCast and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service. ActorCast does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or featured in any banner or other advertising, and ActorCast will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

11.1 In no event shall ActorCast, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of the secure servers of ActorCast and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Service by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that ActorCast shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. The Service is controlled and offered by ActorCast from its facilities in the United States of America. ActorCast makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

12.1 As stated above, ActorCast may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of these Terms of Use.

13.1 You agree to defend, indemnify and hold harmless ActorCast, its successors, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that any item of your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Service.

14.1 These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ActorCast without restriction.

15.1 You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over ActorCast, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and ActorCast that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. You and ActorCast agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. These Terms of Use, together with the Privacy Policy and any Additional Terms and any other legal notices published by ActorCast via the Service, shall constitute the entire agreement between you and ActorCast concerning the Service. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the failure by ActorCast to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.