BCF CASTING SERVICES INC.

TERMS OF USE

Revised: February 18, 2013

These are the Terms of Use governing the extras database and website created and managed by BCF Casting Services Inc. ("BCF"), a corporation duly registered under the laws of the Province of British Columbia, Canada.

By accessing or using the BCF website, the BCF service, or any applications (including mobile applications) made available by BCF (together, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms of Use"). The Service is owned or controlled by BCF.

These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

Service Description

The Service consists of current and to-be-developed products, computer programs, services and web sites hosted or made available by BCF, which you may use solely for the purpose of displaying relevant information that will be used by extras casting personnel, producers and other employers to search for and cast Extras.

Use of Service

Subject to the terms and conditions within, these Terms of Service, BCF grants you a limited, non-exclusive license to utilize the Service so long as (i) you are of legal age to form a binding contract and (ii) you are not barred from receiving the Service under the laws of Canada or the United States. In order to access and/or use the Service, you may be required to provide current and accurate identification, contact and other information as part of the registration process or continued use of the Service. You are solely responsible for maintaining the accuracy and completeness of such information. You may also be provided with an account, username, password and/or an email address to access or use the Service, or to enable another to access, use and modify your account (the "Account Information"). You are responsible for maintaining the confidentiality of your Account Information and, accordingly, will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your Account Information. You agree to immediately notify BCF of any unauthorized use of your Account Information, account or any other breach of security. BCF will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure.

You are solely responsible for obtaining the equipment and carrier necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).

Basic Terms

  1. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, or pornographic photos or other content via the Service.
  2. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, BCF prohibits your creation of an account for anyone other than you. You agree that you will not create an account for anyone other than you and that you will not create more than one account for you. You also represent that all information you provide or provided to BCF upon registration and at all other times will be true, accurate, current and complete, and you agree to update your information as necessary to maintain its truth and accuracy.
  3. You agree that you will not solicit, collect or use the login credentials of other BCF users.
  4. You are responsible for keeping your password secret and secure.
  5. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities, and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social insurance or alternate national identity numbers, non-public phone numbers or non-public email addresses.
  6. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
  7. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
  8. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or BCF.
  9. You must not create or submit unwanted e-mail, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any BCF users.
  10. You must not use domain names or web URLs in your username without prior written consent from BCF.
  11. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any BCF page is rendered or displayed in a user's browser or device.
  12. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
  13. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other BCF terms.
  14. Violation of these Terms of Use may result, at BCF's sole discretion, in termination of your BCF account. You understand and agree that BCF cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for BCF, BCF can stop providing the Service to you or for your benefit. You understand and agree that this action by BCF could affect your engagement as an Extra by those prospective casting personnel, producers, and other employers who access the Service because your Account Information will no longer be accessible through your account, in the Database, or otherwise on the Service.

General Conditions

  1. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your BCF account by logging into the Service and completing the applicable on-line form. If we terminate your access to the Service or you use the on-line form, above, to deactivate your account, your Account Information will no longer be accessible through your account.
  2. You acknowledge and agree that posting on the Service does not guarantee your engagement as an Extra in the film and television industry.
  3. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
  4. We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
  5. We reserve the right to refuse access to the Service to anyone for any reason at any time.
  6. We reserve the right to force forfeiture of any username for any reason.
  7. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
  8. You agree that BCF is not responsible or liable for the conduct of any user.
  9. You agree that you are responsible for all data charges you incur through use of the Service.

Rights

  1. BCF does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to BCF a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service's Privacy Policy.
  2. You represent and warrant that:
    1. you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use;
    2. the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
    3. you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and
    4. you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
  3. The Service contains content owned or licensed by BCF ("BCF Content"). BCF Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and BCF, BCF owns and retains all rights in the BCF Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the BCF Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the BCF Content.
  4. The BCF name and logo are trademarks of BCF, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BCF. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of BCF, and may not be copied, imitated or used, in whole or in part, without prior written permission from BCF.
  5. Although it is BCF's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, BCF reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by BCF, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, BCF encourages you to maintain your own backup of your Content. In other words, BCF is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. BCF will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
  6. You agree that BCF is not responsible for, and does not endorse, Content posted within the Service. BCF does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
  7. Except as otherwise described in the Service's Privacy Policy, as between you and BCF, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with BCF is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place BCF in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of BCF, and BCF will not be liable for any use or disclosure of any Content you provide.

Disclaimer of warranties

The service, including, without limitation, BCF content, is provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissible by law, neither BCF nor any of their employees, managers, officers or agents (collectively, the "BCF Parties") make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to:

  1. the service;
  2. the BCF content;
  3. account information; or
  4. security associated with the transmission of information to BCF or via the service.

In addition, the BCF Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.

The BCF Parties do not represent or warrant that the service will be error-free or uninterrupted; that defects will be corrected; or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses.

The BCF Parties do not make any representations or warranties that the information (including any instructions) on the service is accurate, complete, or useful. You acknowledge that your use of the service is at your sole risk.

The BCF Parties do not warrant that your use of the service is lawful in any particular jurisdiction, and the BCF Parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction's law is applicable to you and these terms of use.

The BCF Parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.

Limitation of Liability; Waiver

Under no circumstances will the BCF Parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to:

  1. the service;
  2. the BCF content;
  3. account information;
  4. your use of, inability to use, or the performance of the service;
  5. any action taken in connection with an investigation by the BCF Parties or law enforcement authorities regarding your or any other party's use of the service;
  6. any action taken in connection with copyright or other intellectual property owners;
  7. any errors or omissions in the service's operation; or
  8. any damage to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the BCF Parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of the Service).

In no event will the BCF Parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury.

You agree that in the event you incur any damages, losses or injuries that arise out of BCF's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the BCF Parties, and you will have no rights to enjoin or restrain the development, production, distribution, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the BCF Parties.

By accessing the service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected.

BCF is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at BCF's request), indemnify and hold the BCF Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf):

  1. your Content or your access to or use of the Service;
  2. your breach or alleged breach of these Terms of Use;
  3. your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
  4. your violation of any laws, rules, regulations, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
  5. any misrepresentation made by you.

You will cooperate as fully required by BCF in the defense of any claim. BCF reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of BCF.

Arbitration

Any dispute arising out of these Terms of Use shall be resolved by binding arbitration pursuant to the Commercial Arbitration Act (British Columbia). Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. This dispute resolution provision will survive the termination of any or all of your transactions with BCF.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with BCF must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Governing Law & Venue

These Terms of Use are governed by and construed in accordance with the laws of the Province of British Columbia and of Canada.

Severability

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. BCF's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.

Entire Agreement

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and BCF and governs your use of the Service, superseding any prior agreements between you and BCF. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of BCF. Any purported assignment or delegation by you without the appropriate prior written consent of BCF will be null and void. BCF may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

Geographical Restrictions

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject BCF to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that BCF provides.

The effective date of these Terms of Use is February 15, 2013.

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