BCF CASTING SERVICES INC.
Revised: February 18, 2013
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).
- You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, or pornographic photos or other content via the Service.
- 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.
- You agree that you will not solicit, collect or use the login credentials of other BCF users.
- You are responsible for keeping your password secret and secure.
- 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.
- 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.
- 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.
- 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.
- 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.
- You must not use domain names or web URLs in your username without prior written consent from BCF.
- 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.
- 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.
- 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.
- You acknowledge and agree that posting on the Service does not guarantee your engagement as an Extra in the film and television industry.
- We reserve the right to refuse access to the Service to anyone for any reason at any time.
- We reserve the right to force forfeiture of any username for any reason.
- You agree that BCF is not responsible or liable for the conduct of any user.
- You agree that you are responsible for all data charges you incur through use of the Service.
- You represent and warrant that:
- 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;
- 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
- 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.
- 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.
- 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.
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:
- the service;
- the BCF content;
- account information; or
- 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 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:
- the service;
- the BCF content;
- account information;
- your use of, inability to use, or the performance of the service;
- 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;
- any action taken in connection with copyright or other intellectual property owners;
- any errors or omissions in the service's operation; or
- 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.
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):
- your Content or your access to or use of the Service;
- your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
- 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
- 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.
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
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.