Castings terms and conditions

TERMS OF USE

BY USING THE STAGE CASTINGS, YOU CONFIRM THAT YOU ACCEPT THESE TERMS OF USE AND THAT YOU AGREE TO COMPLY WITH THEM. PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE STAGE CASTINGS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT USE THE STAGE CASTINGS.

  1. INFORMATION ABOUT US

1.1. www.thestage.co.uk (our “Site”) is a website operated by The Stage Media Company Limited (“we”, “us” or “our”). We are a limited company registered in England and Wales under company number 02316307 and have our registered office and main trading address at The Stage Media Company Limited, Stage House, 47 Bermondsey Street, London SE1 3XT.

1.2. Our VAT number is 547 8875 78.

  1. INTRODUCTION AND APPLICABLE TERMS

2.1. These Terms of Use set out the terms on which you may use the section of our Site known as The Stage Castings (“The Stage Castings”). The Stage Castings is an online casting service made available to the public and, in particular, performers, advertisers and agents.

2.2. These Terms of Use are made up of the following parts:

2.2.1. Part A contains terms that apply to all users and visitors of The Stage Castings (including Performers, Agents and Advertisers) (“Users”);

2.2.2. Part B contains terms that apply to all performers using The Stage Castings (whether as a non-paying or paying subscriber) (“Performers”);

2.2.3. Part C contains terms that apply to performers using The Stage Castings with a paid for membership (“Performers (Full Members)”);

2.2.4. Part D contains terms that apply to advertisers (such as casting professionals and filmmakers) (“Advertisers”); and

2.3. The following additional terms also apply to your use of The Stage Castings:

2.3.1. our Privacy Policy and

2.3.2. our Cookie Policy

2.4. Please do not hesitate to email us at castingshelp@thestage.co.uk if you have any questions about the terms that apply to you.

PART A: TERMS THAT APPLY TO ALL USERS AND VISITORS

 

  1. ACCESSING THE STAGE CASTINGS

3.1. The Stage Castings is made available to Users free of charge, although we may restrict access to some parts to certain Users. Advertisers are not charged for placing an available casting and we do not take commission from a Performer who has secured work from The Stage Castings. Users who wish to access specific services available to Performers (Full Members) must pay for a monthly or annual membership to The Stage Castings. Details of the applicable charges are set out on our Site when you attempt to apply to a paid role (or can be provided to you on request). Please see Part C (terms applicable to Performers (Full Members)).

3.2. You are responsible for making all arrangements necessary for you to have access to The Stage Castings and ensuring that all persons who access The Stage Castings through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

3.3. You may use The Stage Castings only for lawful purposes. You may not use The Stage Castings:

3.3.1. in any way that breaches any applicable local, national or international law or regulation;

3.3.2. in any other way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

3.3.3. for the purpose of harming or attempting to harm minors in any way;

3.3.4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (set out in paragraph 5);

3.3.5. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

3.3.6. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

3.3.7 to harvest the information on individuals or casting calls or other forms of breakdowns for any commercial purpose or any purpose other than for personal use

3.4. We do not guarantee that The Stage Castings, or any content on it, will always be available or that access will be uninterrupted. Access to The Stage Castings is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of The Stage Castings without notice. We will not be liable to you if for any reason The Stage Castings is unavailable at any time or for any period. Notwithstanding the previous sentence, if we permanently discontinue The Stage Castings, and you have paid for a Performer (Full Member) membership, we will provide you with a refund for any remaining period outstanding on your current membership (pro rata).

  1. CONTENT AND SERVICES PROVIDED BY US

4.1. Where The Stage Castings contains links to other websites and resources provided by third parties, these links are provided for your information only and you use them at your own risk. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

4.2. We do not guarantee that The Stage Castings will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access The Stage Castings. You should use your own virus protection software.

  1. CONTENT PROVIDED BY YOU

5.1. Whenever you make use of a feature that allows you to upload content to The Stage Castings or to make contact with other users of The Stage Castings, you must comply with these Terms of Use, and all content standards (including those set out in this paragraph 5)

5.2. Examples of our interactive services, include:

5.2.1. performer profiles set up by Performers which may include performer details such as physical characteristics, experience, photos, videos and contact details (“Performer Profile(s)”);

5.2.2. advertiser profiles set up by Advertisers which may include advertiser details such as contact information (“Advertiser Profile(s)”); and

5.2.3. available castings posted by Advertisers which may include casting position details such as character description, remuneration and location (“Available Casting(s)”);

5.3. You are responsible for all contributions (including all information, images, photographs and videos) uploaded by you, or by someone you have permitted to use your login details to The Stage Castings including in response to a Performer Profile, Advertiser Profile, or Available Casting (“Contributions”).

5.4. Please also see our FAQs for details on how to edit your Contributions and change the visibility of your contact details.

5.5. All Contributions MUST:

5.5.1. be accurate and not misleading (including all information included in Performer Profiles, Advertiser Profiles and Available Castings);

5.5.2. be honest, decent and truthful;

5.5.3. be genuinely held (where they state opinions); and

5.5.4. comply with applicable laws in the UK and in any country from which they are posted.

5.6. Contributions MUST NOT:

5.6.1. contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;

5.6.2. promote sexually explicit material, any illegal activity, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

5.6.3. infringe any copyright, database right, trade mark or any other intellectual property right of any other person;

5.6.4. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

5.6.5. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

5.6.6. be likely to deceive, harass, upset, embarrass, alarm or annoy any other person;

5.6.7. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

5.6.8. give the impression that they emanate from us, if this is not the case;

5.6.9. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

5.7. You warrant that you will comply with the above standards, and you will be liable to us and indemnify us for any breach of that warranty. This means that you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

5.8. You are responsible for all Contributions associated with the use of The Stage Castings associated with your log in details.

  1. CONTENT PROVIDED ON THE STAGE CASTINGS

6.1. The content on The Stage Castings is provided for information purposes only. It is not intended to amount to advice on which you should rely.

6.2. Although we make reasonable efforts to update the information on The Stage Castings, we make no representations, warranties or guarantees, whether express or implied, that the content on The Stage Castings is accurate, complete or up-to-date.

  1. USE BY MINORS

7.1. You acknowledge and accept that YOU MUST BE 16 YEARS OLD to register for a Performer Profile or an Advertiser Profile.

7.2. Other use of The Stage Castings by a minor (13 to 15) is subject to the consent of their parent or guardian. We advise parents who permit their children to use The Stage Castings that it is important that they communicate with their children about their safety online. Minors who are using The Stage Castings should be made aware of the potential risks to them and of their obligation to comply with these Terms of Use when using The Stage Castings.

  1. MODERATION

8.1. Opportunities on The Stage Castings are post-moderated at our discretion. This means Contributions will not be moderated prior to publication on The Stage Castings.

8.2. We will not be responsible as author, editor or publisher of any Contribution submitted to The Stage Castings and we expressly exclude our liability for any loss or damage arising from the use of The Stage Castings by any person in contravention of these Terms of Use.

8.3. We reserve the right to:

8.3.1. monitor, access, use and disclose details of your use of The Stage Castings (including any Contribution) for the purposes of checking compliance with these Terms of Use, legal obligations, the protection of our legal rights and those of our users and for quality control and site administration purposes; and

8.3.2. promptly remove, or disable access to any (or part of any) Performer Profile, Advertiser Profile, Agent Profile, Available Casting or any individual Contribution which we deem to be potentially defamatory of any person, unlawful or in violation of any third party rights or these Terms of Use.

8.4. We will do our best to assess any possible risks from third parties when you use any interactive service provided on The Stage Castings. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on The Stage Castings (including any Contribution).

8.5. Please do not hesitate to report to us any Contribution that is offensive or if you have a negative experience with any other user or third party in relation to The Stage Castings. You can do this by emailing us at castingshelp@thestage.co.uk

  1. SUSPENSION AND TERMINATION

9.1. We will determine, at our discretion (acting reasonably), whether there has been a breach of these Terms of Use through your use of The Stage Castings. When we determine that a breach of these Terms of Use has occurred, we may take such action as we deem appropriate (acting reasonably), which may include:

9.1.1. the issuing of a warning to you;

9.1.2. the immediate, temporary or permanent withdrawal of your right to use The Stage Castings (including cancellation of your membership and/or paid membership) and removal of any Contribution, posting or material uploaded by you to The Stage Castings;

9.1.3. legal action against you; and/or

9.1.4. the disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

9.2. We exclude liability for actions taken in response to breaches of these Terms of Use. The responses described in these Terms of Use are not limited, and we may take any other action we reasonably deem appropriate.

9.3. Where a Performer Profile (Full Members) (i.e. a paid for membership) is cancelled under this paragraph 9 it will not trigger reimbursement of the remaining value of your membership.

  1. INTELLECTUAL PROPERTY RIGHTS IN CONTRIBUTIONS

10.1. All Contributions you upload to The Stage Castings will be considered non-confidential and non-proprietary. For all Contributions that are covered by intellectual property rights (such as photos and videos) you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use all Contributions (including any intellectual property rights in such Contributions) for any purpose connected or related to The Stage Castings. This licence will end when you delete your profile (including your Performer Profile or Advertiser Profile (as applicable)). However, some of these Contributions may remain in back-up copies and logs for a reasonable period of time.

  1. INTELLECTUAL PROPERTY RIGHTS IN THE STAGE CASTINGS

11.1. We are the owner or the licensee of all intellectual property rights in The Stage Castings (excluding Contributions). All such rights are reserved.

11.2. You may print off one copy, and may download extracts, of any page(s) from The Stage Castings for your personal use and you may draw the attention of others to content posted on The Stage Castings.

11.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

11.4. If you print off, copy or download any part of The Stage Castings in breach of these Terms of Use, your right to use The Stage Castings will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

11.5. You must not use any part of the content on The Stage Castings for commercial purposes without obtaining a licence to do so from us or our licensors.

  1. LINKING TO THE STAGE CASTINGS

12.1. You may link to our home page, provided that:

12.1.1. you do so in a way that is fair and legal and does not damage our reputation or take advantage of it; and

12.1.2. the website on which you are linking must comply in all respects with the content standards set out in these Terms of Use.

12.2. You MUST NOT:

12.2.1. establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;

12.2.2. establish a link to The Stage Castings in any website that is not owned by you; or

12.2.3. frame The Stage Castings (or any other part of The Stage Castings) on any other website.

  1. LIMITATION OF LIABILITY

13.1. Nothing in these Terms of Use excludes or limits liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

13.2. You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying that matter yourself. If you do not provide us with such opportunity, we shall have no liability to you for those costs you incur.

13.3. Our liability (for any one event or series of events) of any kind (including for our own negligence and for breach of contract) arising in any way in connection with The Stage Castings or any content on it is limited to three times the total fees paid by you in the 12 months before the event(s) complained of or the sum £250,000 (whichever is higher).

13.4. If you are a consumer, we will not be liable to you for losses that were not foreseeable to both parties when our contract was formed, that is, loss not within the reasonable contemplation of the parties, at the time the parties entered into the contract, as a probable result of the breach. Nor will we be liable for losses that were not caused by any breach by us or our agents/sub-contractors, or for business losses or losses to non-consumers.

13.5. If you are not a consumer (i.e. you are a business user and/or someone acting for purposes connected with your trade, business or profession), please note that, in particular, we will not be liable to you for the following types of loss or damage, whether in contract, tort (including for negligence), breach of statutory duty, or otherwise, even if foreseeable, arising in any way in connection with The Stage Castings or any content on it: (a) loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill or reputation; (e) wasted staff and/or management time; (f) loss or corruption of data and/or information; or (g) any indirect, special or consequential loss or damage.

13.6. To the extent permitted by law, we exclude all implied conditions, warranties, representations or other terms which may apply to The Stage Castings or any content on it, save that if you are a consumer nothing in these Terms of Use excludes or limits your statutory rights.

13.7. If any one of the above sub-clauses is held to be unlawful, void or unenforceable, it can be severed from the other provisions, which themselves will remain enforceable

  1. General

14.1. We may revise these Terms of Use at any time by amending this page. Please check this page from time to time to take notice of any changes we have made, as they are binding on you. If we make a change to these Terms of Use that you do not agree with you must immediately stop using The Stage Castings and delete your profile (including any Advertiser Profile, Available Casting and/or Performer Profile).

14.2. If you have paid for a Performer (Full Member) and as a consequence of paragraph 14.1 you have stopped using The Stage Castings and deleted your Performer Profile, we will provide you with a refund for any remaining period outstanding on your current membership (pro rata).

14.3. You must treat your username and password as confidential and keep these details secure. You must not disclose it to any third party. We have the right to disable any username and/or password, at any time, if in our reasonable opinion you have failed to comply with these Terms of Use. If you know or suspect that anyone other than you knows your username and password, you must promptly notify us at castingshelp@thestage.co.uk.

14.4. No one other than you or us (each of us being a party to these Terms of Use) shall have any right to enforce any of its terms.

14.5. These Terms of Use (together with the documents referred to in them) constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter. We each agree that we shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. We each agree that we shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.

14.6. We each irrevocably agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

  1. Contact

15.1. Questions, comments and requests regarding these Terms of Use should be addressed to castingshelp@thestage.co.uk.

PART B: TERMS THAT APPLY TO PERFORMERS

 

  1. PERFORMERS INTRODUCTION

16.1. To access certain specific services you must register and set up an account as a Performer on The Stage Castings and create a Performer Profile.

16.2. You warrant that you:

16.2.1. are at least 16 years old; and

16.2.2. have not been convicted for any offence, or subject to any court order, relating to assault, violence, sexual misconduct, harassment, impersonation, minors or children.

16.3. Your application will be automatically registered with The Stage Castings and we will make the applicable services available to you as soon as reasonably possible.

16.4. You acknowledge and accept that each Performer Profile must have a valid headshot (you will be asked to upload a headshot when you register). If you delete your current headshot we will automatically use the next available photograph saved to your Performer Profile. Where there is no such available photograph we reserve the right to temporarily suspend your Performer Profile until a valid headshot is provided.

16.5. When applying for an Available Casting, you are solely responsible for making all necessary enquiries about the Available Casting and Advertiser, including using your own judgment in deciding whether to make an application. The Stage Castings service is provided only for the purpose of broadcasting information and opportunities. We will not (in any circumstance) be liable for the actions of or Contributions made by any Advertiser.

  1. LOW PAY/NO PAY AND PAID OPPORTUNITIES

17.1. Advertisers will classify Available Castings as falling into one of the following categories:

18.1.1. “Unpaid Opportunities” – this term means that the opportunity is voluntary, for charity or is expenses only;

18.1.2. “Paid Opportunities” – this term means that the Advertiser believes that the Available Casting offers a fee, salary, or a profit share.

17.2. For the avoidance of doubt, you are solely responsible for (and we will have no responsibility for) making all reasonable enquiries to ensure this classification by the Advertiser is correct and in ensuring you are paid accordingly (if applicable).

  1. DELETING YOUR PROFILE

18.1. You may delete your Performer Profile from within the My Account option on the site

18.2. It may take up to one month to delete a Performer Profile and some information may remain in backup copies and logs for a reasonable period of time. We have no control over search engines and their indexing.

18.3. On deletion, the Performer Profile will be permanently deleted and cannot be reactivated. All current applications for Available Castings will also be deleted. You are solely responsible for saving anything you may wish to keep. You should note that deleting a profile does not cancel a membership and its payments.

PART C: TERMS THAT APPLY TO PERFORMERS (FULL MEMBERS)

  1. PERFORMERS (FULL MEMBERS) INTRODUCTION

19.1. To access certain specific services you must pay for a membership. Details of the applicable charges are set out on The Stage Castings (or can be provided to you on request).

19.2. Your application will be automatically registered with The Stage Castings and we will make the applicable services available to you as soon as reasonably possible.

  1. PAYMENTS

20.1. Unless otherwise agreed by us all payments must be made by you to us by credit / debit card through our third party payment service provider (Stripe).

20.2. If you have a monthly or annual membership you should receive an email every month or every year when payment is taken.

20.3. If we cannot process your payment for any reason we reserve the right to cancel or suspend your Performer (Full Member) membership. This means you will not have access to the specific services made available to Performers (Full Members).

20.4. You acknowledge and accept that we will not automatically delete your Performer Profile if we cancel or suspend your membership. If you wish to delete your profile you can do this from within the My Account area of the site.

20.5. You are responsible for all paid services purchased with your log in details

  1. MEMBERSHIP PERIOD

21.1. Your paid membership will commence when payment is received by us.

21.2. All paid memberships will be automatically renewed (i.e. at the end of each month or year depending on the term you have subscribed to). If you do not wish to renew your membership you must cancel your membership from within the My Account area of the site.

21.3. All renewal payments (i.e. at the end of each month or year) shall be taken automatically in accordance with the manner of payment originally chosen by you. As stated in paragraph 23.3, if we cannot process your payment for any reason we reserve the right to cancel or suspend your Performer (Full Member) membership.

  1. CANCELLING YOUR MEMBERSHIP

22.1. You may cancel your paid membership at any time from the My Account area on the site. However, cancelling your membership will not trigger reimbursement of any remaining period of your membership and your membership will be valid until the end of the membership period (i.e. the end of the month or year).

22.2. If you cancel your membership as a Performer (Full Member) we will automatically list you as a Performer (Basic Member). You acknowledge and accept that we will not automatically delete your Performer Profile. If you wish to delete your profile you can do this from within the My Account area of the site.

PART D: TERMS THAT APPLY TO ADVERTISERS

 

  1. GENERAL

23.1. To access certain services you must register and set up an account as an Advertiser on The Stage Castings. Your account will be pre-moderated and your use of the site is entirely at our discretion with our decision being final.

23.2. You warrant that you:

23.2.1. are at least 16 years old; and

23.2.2. have not been convicted for any offence, or subject to any court order, relating to assault, violence, sexual misconduct, harassment, impersonation, minors or children.

23.3. All Advertisers must:

23.3.1. have genuine Available Castings to promote and advertise;

23.3.2. ensure that all Contributions made by or on behalf of you are true, decent, accurate and not misleading in respect of any Available Casting; and

23.3.3. NOT solicit responses from or post any opportunities directed at persons under the age of 16 years.

23.4. You warrant that you will:

23.4.1. only use the information, data and response provided to you by Performers or otherwise through the services provided by The Stage Castings strictly for the purpose of evaluating the relevant Performer’s suitability for casting opportunities (including Available Castings) in accordance with these Terms of Use; and

23.4.2. where requested to do so by us, you will promptly permanently delete and/or destroy all such information, data and Contributions provided to you.

23.5. Your application will be automatically registered with The Stage Castings and we will make the applicable services available to you as soon as reasonably possible.

23.6. When considering offering an opportunity or employment to Performers, you are solely responsible for making all necessary enquiries, including satisfying yourself that the Performer is competent to perform the Available Casting for which they have applied. The Stage Castings service is provided only for the purpose of broadcasting information and opportunities. We will not (in any circumstance) be liable for the actions of or Contributions made by any Performer.

  1. EMPLOYERS

24.1. You must ensure that all Available Castings are correctly classified as either:

24.1.1. “Unpaid Opportunities” – this term means that the opportunity is voluntary or for charity

24.1.2. “Paid Opportunities” – this term means that the Advertiser believes that the Available Casting offers a fee, salary, expenses being paid or an internship.

24.2. You acknowledge and accept that we will consider any breach of this paragraph 24 as material and serious and we reserve our right to suspend and/or terminate the Available Casting and/or your Advertiser Profile (if reasonable to do so), in accordance with paragraph 9, where you have breached or we have reason to believe you have breached this paragraph 24.

  1. DELETING ADVERTISER PROFILE

25.1. You may delete your Advertiser Profile by emailing us at advertiserhelp@thestage.co.uk.

25.2. It may take up to one month to delete an Advertiser Profile and some information may remain in backup copies and logs for a reasonable period of time.

25.3. On deletion the Advertiser Profile will be permanently deleted and cannot be reactivated.