Actors and Extras Terms of Use

 

We provide a connection and information sharing Service for our Members to connect talent with industry employers. You will be providing personal information as a Member either through an account or as a guest. By using this com.actorsandextras App, Services and Website, you agree to the Actors and Extras Terms of Use.

You acknowledge that we may edit or delete your registration or account if it does not adhere to the Actors and Extras Terms of Use. As part of these Services we may record and use part of your personal information and registration information to provide a high standard of Service. For more information please refer to our Privacy Policy.

By using this (“Service”) provided by (“Us”) Actors and Extras through PC or Device medium you the (“User”) unconditionally and irrevocably agreed to and are bound by these Actors and Extras Website Terms and Conditions (“Terms”). We may from time to time update our (“Terms”) and your continued use of our (“Services”) is taken as acceptance of the updated (“Terms”) and all legislation and applicable current laws. We may also present to you other (“Terms”) and policies whilst using the (“Services”) and continued use is taken as acceptance of the additional (“Terms”). The (“User”)’s general terms and conditions are hereby expressly excluded.

 

Some Definitions Quickly

Intellectual Property: means: (a) copyright; (b) all rights conferred under statute, common law or equity in relation to inventions (including all patents); (c) all registered and unregistered trademarks; (d) all registered and unregistered designs; (e) confidential information; and (h) all other rights resulting from intellectual activity in any field;

Member: refers to “you” , “your” or “Users” and any person who has access to the Website either as a guest or through an account.

Services: all “Services” and “Online Services” we provide our “Members” and “Users.”

Terms: “Actors and Extras Website terms and conditions” , “T&C’s” , “Terms of Use” , “Privacy Policy” and all Terms relating to the “Website.”

Us: means Actors and Extras ABN 14 181 123 653 and the terms “we” , “us” , “our” , “Principal” which is the party providing the “Website” and “Services” to the “Member” and “User.”

Website: “website” , “site” , “apps” including “com.actorsandextras” and all websites used in relation to the “Services.”

 

Eligibility and Registration

To be eligible for registration and use of the Services and Website you must:

  • only register for the Services and Website for the intended purpose of these Services;
  • only register for the Services and Website legally pursuant to your state;
  • not have ever been convicted or a serious crime;
  • only use the Services for connecting Actors and Extras to possible industry personnel;
  • not use the Services and Website for adult entertainment or activities outside of this scope; or
  • not have been previously banned from using these Services;

 

Responsibility for Minors

In cases where you have authorized a minor to use these Services you recognize that you are fully responsible for:

  • the online conduct of such minor;
  • controlling the minor’s access to and use of the Service; and
  • the consequences of any misuse by the minor. You acknowledge that some of the areas of the Service and Website may contain material that is inappropriate for minors.

 

Our Responsibilities

It is our responsibility to provide the Website and Services in good working order for the purposes of linking actors and extras with the screen, stage and media industry. We are not an agency. We do not represent our Members.

We cannot take any responsibility for any loss, damage or consequential losses arising from using this Website or subsequently making further contact with other Actors and Extras website users outside of the website. We will aim to provide this Website compatible with most browsers, interfaces and website themes. However this may not always be possible on every reader and every version.

 

Your Customer Responsibilities

We will aim to provide the Services as accurately and up to date as possible. You warrant that all initial communication is to be done via the Website communication system only. By using this Services you the User irrevocably and unconditionally agree to not act in a way that may constitute:

  • Illegal activities;
  • Breach of any applicable laws;
  • Accessing the Services via systems automation such as spambots or similar;
  • Any such spam activities;
  • Registering multiple accounts per one Customer;
  • Using the Website in a way that could cause harm to others;
  • Posting hateful, threatening or violent reviews; and
  • Hacking or accessing the Website other than methods listed in these Terms.

 

When Posting Work Opportunities

We aim to provide this Service and accurately as possible and request you assist in following the below terms.

Terms of posting work included but are not limited to:

  • Do not leave duplicate postings;
  • Do not post outside or irrelevant links;
  • Do not use the post for self-promotion;
  • Do not leave personal information or details;
  • Do not leave hateful, harmful or hurtful postings;
  • Do not leave insulting postings;
  • Do not misspell products where possible; and
  • Do leave sufficient details and honest postings information;

Actors and Extras reserves the right to:

  • Edit or delete account information, casting opportunity posts or reviews as necessary;
  • Request further information or proof;
  • Verify if the Customer has actually used the product; and
  • Suspend or delete a Customer account for breach of any of these Terms;

 

Prices and Subscriptions

Prices displayed on our Services and Website may be updated from time to time and we reserve the right to do so. However at point of sale the price is fixed and will be delivered according to the terms agreed to at that point in time. Point of sale is determined when an order is processed and a receipt email notice is sent. If there is an anomaly in pricing on the Website we will contact you and give you the option to accept the correct price or cancel the subscription pursuant to these Terms. Services can be purchased either monthly, annually or on a prepaid credit basis. The Services can be accessed via Credit Card and PayPal. If you are accessing our Services via a third party the prices and availability may differ. Please assess these prices and availability along with any relevant terms and conditions when considering the Services. All costs are in Australian Dollars (AUD).

 

Competitions and Give-Aways

We may disclose your information if you are a winner of any giveaways or competitions. This may be posted on social media such as our Facebook page. You can control this further through your own social media settings. You can opt in if you would like to share this winning information. Once opted in you can also opt out at any time via the same process.

 

Confidential Information

You may be given a unique username and password to access the Website under your login. It is your responsibility only to ensure these details are kept confidential, safe and secure. Profile information you load into the Website may be publicly viewed in line with our Privacy Policy.

 

Third Party Rights

The Website may contain hyperlinks, banner ads and content directing Users to other sites other than this Website. This content is only provided as additional to the Website and as such does not imply a relationship, affiliation or sponsorship to a third party. We cannot control cookies and banner adverts appearing on your browser and take no responsibility for their content.

 

Intellectual Property

We retain the ownership of all Intellectual Property rights in and to the Website. You retain the ownership of all Intellectual Property rights of any content or information you submit to the Website. Nothing in these Terms transfer the Intellectual Property Rights to the Website. We grant you a limited, revocable, personal, non-transferable, non-exclusive license to use the Website for User purposes in line with the Copyright Act 1968 (Cth). You grant us a royalty-free, sub-licensable, transferable, irrevocable and perpetual licence to use, any contributions you make to the Website in connection with our operation of the Website.

 

Intellectual Property of Third Parties

Banner ads, click ads and other promotional material used in this Website may belong to third parties. As such these Terms and use of this Website does not grant you license or right to use such content. It does not imply an intellectual property rights to you. If you see a breach of intellectual property you can report it to us at info@actorsandextras.com

 

Mutual No Exclusivity

These Terms do not create an exclusive relationship between the parties. We are free to engage other Customers and to advertise of the same or similar nature to those provided by you, and you shall be entitled to engage Services of others.

 

Changes and Variations

We may change, suspend or discontinue any part of the Services at any time at our sole discretion and without any liability to you. We may revise, change or modify these Terms at any time by making updated Terms available through the Website. Continued use of the Services will be deemed acceptance of the updated Terms.

 

Termination, Breach of Terms and Refunds

We reserve the right to decline, suspend or terminate your Member registration and use of the Services, or cease the Services in its entirety, at any time for any reason, including for a breach of these Terms by you or for our own business reasons. If this occurs you will no longer be able to access some or all of the Services, as determined by us.

Where we terminate your Member registration and use or a part of the Service for a breach of these Terms by you, we will have no liability to you. Where we terminate your Customer registration for our own business reasons, we will not provide refunds to the extent permitted by law.

 

Complaints and Disputes

If you have any concerns or complaints regarding the Service or Website, please report it to info@actorsandextras.com. While we hope that we will be able to resolve any complaints you may have via discussion without needing to involve third parties, the escalation is to lodge a complaint with a relevant regulator in your State. No third party is entitled to enforce any term under this agreement under any applicable source of contract law.

 

What Are Cookies and How Do We Use Them?

Cookies are text files with small pieces of data that are used to identify your computer as you use a computer network. We may use cookies on our Website. The purposes of processing of data collected by the use of cookies, are:

  • to perform customer and user analysis and segmentation in order to improve our understanding of our users, and provide better and tailored services to users, including you;
  • to operate, improve and optimise the performance and user experience of the website and its services; and
  • statistical purposes.

 

Liability of Subscription Services

You must not use the Service or Website for any purpose not permitted or contemplated by these Terms (or otherwise not authorised by us), or which is unlawful.

To the extent permitted by law:

  • you are responsible for your access to and use of the Service or Website, including for other people’s use of the Service or Website using your user name, password and/or answers to security questions (with or without your permission) not limited to products and Services;
  • we are not in any way liable to any party for any indirect, incidental, special or consequential damages or loss (without limitation including damages for loss of profits, business interruption, loss of information or damage to systems due to viruses or other harmful components) arising from the provision of, or your access to or use of, the Service or Website; and
  • any guarantee, warranty, term or condition is implied or imposed into these Terms by legislation and cannot be excluded, then our liability for breach of that guarantee, warranty, term or condition is limited to the re-supply of the Services or subscription, or the payment of the cost of re-supplying the Services or subscription pursuant only to our

 

Privacy

We will comply with applicable privacy and health legislation in the relevant jurisdiction. Our Privacy Policy explains how we may use and disclose that information. In particular, we will use your personal information for the purposes of supplying the Services and the other purposes set out in the statement. A copy of the Privacy Policy is available at actorsandextras.com.

 

Release and Indemnity

In consideration of us (which expression shall be taken to include our servants, agents, officers and directors, successors or assignees) agreeing to permit you use of the Service or Website:

I release Actors and Extras from all claims which I have, now or later against Actors and Extras whether for: personal injury (including death and disability) or otherwise, and whether occasioned by:

  • negligence;
  • breach of contract;
  • breach of statutory duty; or
  • otherwise;

suffered as a result of or in connection with my using the Service or Website.

I indemnify and will at all times in the future indemnify Actors and Extras against all proceedings, actions, claims or demands made by any person for: personal injury (including death and disability) or otherwise, and whether occasioned by: suffered as a result of or in connection with my using the Service or Website.

 

Disclaimer

We will provide the Services with due care and skill but except to the fullest extent permitted by law, we do not warrant that the Services will be provided without fault or disruption.

To the fullest extent permitted at law and except as expressed to the contrary these Terms, we exclude all liability to you or anyone else for loss or damage of any kind, including consequential loss and damage (however caused or arising) relating in any way to the Services including, but not limited to, loss or damage you might suffer as a result of:

  • incorrect listing information from other Members;
  • errors, mistakes or inaccuracies in our Services;
  • any unauthorised access to or use of our secure servers;
  • any bugs, viruses, or other harmful code or communications which may be transmitted to or through our Website or Services by any third party;
  • you acting, or failing to act, on any information contained on or referred to on the Website or Services and/or any linked website;
  • personal injury or property damage of any nature resulting from your access to, and use of, the Website or Services and any purchases made from the Website;
  • any limitations stated in these Actors and Extras terms and conditions;
  • any interruption or cessation of transmission to or from our Services and Website; and/or
  • failures or deficiencies in relation to the merchantability or fitness for any purpose of any Service appearing on any linked sites not operated by us or our related entities.

Except if and to the extent only required by law or as otherwise set out in these Terms, we do not warrant, endorse, guarantee or assume responsibility for any Service advertised or offered by a third party at the Website or Services or any linked website or featured in any banner or other advertising.  We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.

Where any law implies a warranty into these Terms which may not be lawfully excluded then to the fullest extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for in that law.

We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web addresses. The only authorised access point is actorsandextras.com with no characters before or after and our App com.actorsandextras. It is important that you determine prior to purchase, whether a Service is suitable for you.

 

General

Geographical Restrictions: This website is intended for use by individuals and companies in Australia but can be accessed worldwide.

Limitations of Use: We are under no obligation to guarantee the Service or Website under these Terms except as stated in our Terms.

Entire agreement: These Actors and Extras Terms of Use comprise the entire agreement between you and us in relation to your access to and use of the Services.

Applicable law: The provision of the Services and these Terms, including all of the rights and duties of the parties arising from or relating in any way to the provision of the Services and these Terms, are governed by the laws of New South Wales, and we and you each submit to the exclusive jurisdiction of those courts.

Severability: If any of these Terms are invalid, unenforceable or illegal, the remaining Terms will continue to apply.

Assignment: You must not assign or novate these Terms or otherwise deal with their benefit or a right under them without our prior written consent, which may be withheld at our absolute discretion. We may at any time, without notice to you, novate or assign our rights and obligations under these Terms, and to the extent necessary you hereby consent to such novation, assignment or transfer.

Waiver: No waiver of a right or remedy under these Terms is effective unless it is in writing and signed by the party granting it.