1. The Elites Casting Website
The Elites Casting website (the "Site" or "Elites Casting") allows an Artist (as defined herein) to connect with talent agents, managers, casting directors, and other professionals in motion picture, theatrical, radio, television, internet and other entertainment enterprises.
Elites Casting IS A TALENT LISTING SERVICE. THIS IS NOT A TALENT AGENCY CONTRACT. Elites Casting IS NOT ENGAGED IN THE OCCUPATION OF PROCURING, OFFERING, PROMISING, OR ATTEMPTING TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR AN ARTIST.
A "Visitor" is someone who accesses the Site. A "Member" is someone who has registered with the Site. Valid and accurate completion of the registration process leads to "Membership." Visitors and Members are referred to collectively as "Users." An "Artist" is an actor, model, dancer, voice talent or other artist. A "Group" is a band or performance ensemble of two or more members. An "Industry Professional Entity" is a professional representative such as a talent agent, manager, casting director, an agency, management company, or production company.
If you are using the Site on behalf of an Industry Professional Entity or other organization which may have a separate agreement with Elites Casting, you are still individually bound by this Agreement as an individual User.
The legally binding terms of this Agreement set out your rights, obligations, and restrictions regarding your use of the Site. You affirm that you are 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into, abide by and comply with this Agreement. If you do not agree to any of these terms, then please do not use or sign up to Elites Casting.
3. Amendments to this Agreement
4. Site Access
Elites Casting hereby grants you permission to use the Site as set forth in this Agreement, provided you meet the following criteria and you represent and warrant the following:
(i) you are not currently restricted from using the Services or not otherwise prohibited from being a User;
(ii) you have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party or any applicable laws;
(iii) you are not a competitor of Elites Casting or are not using the Site for reasons that are in competition with Elites Casting;
(iv) you will respect and not violate any rights of Elites Casting, including Elites Casting's copyrights, trademark rights, and other intellectual property rights;
(v) you will not copy or distribute any part of the Site in any medium without Elites Casting's prior written authorization;
(vi) you will not alter or modify any part of the Site;
(vii) you agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site such as comments or email for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their Content, as defined herein; and
(viii) you will otherwise comply with the terms and conditions of this Agreement.
When registering to be a Member, you will be asked to provide personal information such as your full name, age, street address, email address and phone number, as well as additional optional information such as height, weight, racial and/or ethnic background, pictures and video (collectively, "Registration Information").
By using the Site, you represent and warrant that: (i) all Registration Information you submit is truthful, accurate, current and complete; (ii) you will maintain the accuracy of such Registration Information by updating and revising it promptly; and (iii) your use of the Site does not violate any applicable law or regulation.
In the event you are an Industry Professional Entity providing Registration Information on behalf of an Artist, you warrant and represent that you have full authority to represent such Artist and provide Elites Casting with the Registration Information and any other personally identifying information of such Artist, including a valid parent/guardian authorization where required by law.
You authorize Elites Casting to make any inquiries, either directly or through third parties, that Elites Casting considers necessary to validate your Registration Information. Elites Casting reserves all rights to take legal action against anyone who provides inaccurate, false or incomplete personal information or is otherwise untruthful about their identity, and to suspend or cancel a Membership established using such information. Notwithstanding the foregoing, you acknowledge that Elites Casting cannot guarantee the accuracy of any information submitted by any User of the Site, including any identity information about any User.
Elites Casting has the right at any time, for any or no reason, to interrupt availability of some or all aspects of the Site, suspend or terminate your Membership, terminate this Agreement, and/or modify, replace, refuse access to, suspend or discontinue any and all current or future access to and use of the Site or the Services in whole or in part, or change or modify Elites Casting's fees for all or part of the Paid Services, as defined herein, in Elites Casting's sole discretion, without notice or liability to you. Any such change shall be effective upon posting on the Site or by direct communication to you unless otherwise noted.
You agree that Elites Casting shall not be liable for any interruption of the Site, delay or failure to perform, and that except as may be otherwise specifically provided for in this Agreement, you shall not be entitled to any refunds of fees for interruption of service or failure to perform.
Elites Casting reserves the right to withhold, remove and or discard any Content available as part of your Membership account, with or without notice and has no obligation to store, maintain or provide you a copy of any Content that you or other Users provide when using the Site.
Elites Casting does not allow an Artist or members of Groups who are under the age of majority in their country of residence (a "minor") to directly establish their own profiles on the Site. All Users who are minors may only post profiles on the Site if they are represented by an adult talent agent or other Industry Professional Entity, parent or legal guardian who has registered on their behalf and who maintains the profile on their behalf ("Registering Adult"). Elites Casting reserves the right to add special protections such as tracking and recording visits/views, for the profiles and/or Membership accounts of Users who are minors for security purposes. Although it is impossible to absolutely control whether minors gain unauthorized access to the Site, your profile may be deactivated and your Membership terminated without notice if Elites Casting believes that you are a minor in your country of residence and Elites Casting does not have satisfactory proof that your Membership is maintained on your behalf by a Registering Adult.
5. Membership Security and Unauthorized Use
You may not use another's account without permission. You are solely and fully responsible for all activities conducted through your Membership. You agree to notify Elites Casting immediately if you suspect any breach of security or unauthorized use of your Membership.
Although Elites Casting will not be liable for your losses caused by any unauthorized use of your Membership, you may be liable for the losses of Elites Casting or others as a result of such unauthorized use.
By using the Site, you acknowledge and agree that internet transmissions are not completely secure or private and that any message or information sent to the Site may be read or intercepted by others, even if there is a notice that particular information is encrypted.
Elites Casting IS NOT RESPONSIBLE FOR ANY THIRD PARTY'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU TRANSMIT TO OR POST ON THE SITE.
6. Disclosure of User Information
You consent to and agree that Elites Casting may access, preserve, and disclose your Registration Information and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in Elites Casting's opinion to: (1) comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of a third party; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of the Site, the Users or the public.
However, if your Membership is terminated per Section 14 "Suspension/Termination of Your Membership Account" as a result of your breach of this Agreement (including failure to pay fees when due), your access will be terminated with or without notice and you shall not be entitled to a refund of any unused portion of fees.
8. Non-Commercial Use
The Site is for the personal use of Users and may not be used in connection with any commercial use except those that are specifically endorsed or approved by Elites Casting. Illegal and/or unauthorized use of the Site, including collecting names and/or email addresses of Users by electronic or other means or unauthorized framing of or linking to the Site is prohibited. Commercial advertisements, affiliate and third party links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership, in Elites Casting's sole discretion. Appropriate legal action may be taken for any illegal or unauthorized use of the Site.
9. Links to Third Party Sites
"Content" includes but is not limited to, pictures, digital images, graphics, music, video, audio, text, software, scripts, computer code, interactive features and other creative output. Elites Casting Content includes Content owned or licensed by Elites Casting.
Elites Casting, Elites Casting's licensors, and Users have rights in their respective Content under copyright and other intellectual property rights under United States and foreign laws and international conventions. Elites Casting reserves all rights not expressly granted in and to the Site and Content.
Elites Casting has no obligation to pre-screen or monitor the Site or the Services for inappropriate Content or to modify or remove any inappropriate Content at any time and assumes no responsibility for such Content or for the conduct of the User submitting any such Content.
Elites Casting is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, objectionable, or that contains errors or omissions, and by using the Site, you expressly agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Elites Casting with respect thereto.
You shall be solely responsible for your own Content and the consequences of posting or publishing them. Elites Casting does not guarantee any confidentiality with respect to any submissions and assumes no responsibility for the misuse of an uploaded file. You retain copyright and other intellectual property rights with respect to the Content that you submit on the Site or any Service, to the extent that you have such rights under applicable law.
Your intellectual property rights do not confer any rights of access to the Site or any rights to data stored by or on behalf of Elites Casting.
By posting a casting on the Site, Industry Professional Entities give the Site permission to utilize their affiliations to maximize Visitor/Member responses.
11. Digital Millennium Copyright Act (United States Only)
Elites Casting shall respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA") 17 U.S.C. Sec. 512. If you believe in good faith that a User has infringed your copyright(s), you may submit a notification by following the steps in this DMCA compliance process. Please note that Elites Casting does not make any legal decisions about the validity of your claim.
When a valid DMCA Notice is received pursuant to the guidelines set forth below, Elites Casting will respond by either taking down the allegedly infringing content ("Allegedly Infringing Content") or blocking access to it. Elites Casting may contact the DMCA Notice provider to request additional information.
Under the DMCA, Elites Casting is required to take reasonable steps to notify the entity who posted the Allegedly Infringing Content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send Elites Casting a counter-notification as described below ("Counter-Notice"). On receiving a Counter-Notice, Elites Casting may restore the Allegedly Infringing Content unless Elites Casting receives notice from the original notice provider that a legal action has been filed seeking a court order to restrain the Alleged Infringer from engaging in the allegedly infringing activity.
Anyone making a false or fraudulent DMCA Notice or Counter-Notice may be liable for damages under the DMCA, including costs and attorney's fees.
A. Filing a DMCA notice
To file a DMCA Notice with Elites Casting, you must send Elites Casting a written letter by email or regular mail only. Elites Casting reserves the right to ignore a DMCA Notice that is not in compliance with the DMCA.
Your DMCA Notice must:
1. Specifically identify the copyrighted work(s) you believe has/have been infringed;
2. Identify the Content that you claim is infringing on your copyrighted work and information reasonably sufficient to locate the material;
3. Provide information sufficient to permit Elites Casting to contact you such as your name, street address, telephone number, and email address (if available);
4. Provide information sufficient to permit Elites Casting to notify the Alleged Infringer (email address preferred);
5. Include 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;
6. Include 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;
7. The DMCA Notice must be signed electronically or physically by the copyright owner or the person authorized to act on behalf of the copyright owner;
8. The DMCA Notice must be sent to Elites Casting's DMCA designated agent at the following address:
DMCA DESIGNATED AGENT
3940 LAUREL CANYON BLVD, SUITE 373
STUDIO CITY, CA 91604 USA
Or email to firstname.lastname@example.org, Attention: DMCA NOTICE.
You acknowledge that if you fail to comply with all of the requirements listed in numbers 1- 8 above, of this section, your DMCA notice may not be valid.
B. Filing a counter-notice
If your material has been removed or blocked as a result of a DMCA Notice, you may submit a Counter-Notice pursuant to Sections 512(g)(2) and (3) of the DMCA requesting the Allegedly Infringing Material to be restored. To file a Counter-Notice with Elites Casting, you must send Elites Casting a written letter by email or regular mail only.
When Elites Casting receives the Counter-Notice, Elites Casting will send a copy of the Counter-Notice to the party who originally requested the removal of the Allegedly Infringing Material and Elites Casting will reinstate the Allegedly Infringing Material unless that party obtains a court order supporting removal of the Allegedly Infringing Material. Elites Casting reserves the right to ignore a Counter-Notice that is not in compliance with the DMCA.
Your Counter-Notice must:
1. Describe and list all material(s) that were removed by Elites Casting and the location at which the material(s) appeared removed;
2. Provide your name, address, telephone number and email address (if available);
3. State that you consent to the jurisdiction of Los Angeles County, California;
4. State that you will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to Elites Casting;
5. Include a statement that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
6. The Counter-Notice must be signed electronically or physically;
7. The Counter-Notice must be sent to Elites Casting's designated DMCA designated agent at the following address:
DMCA DESIGNATED AGENT
3940 LAUREL CANYON BLVD, SUITE 373
STUDIO CITY, CA 91604 USA
Or email to email@example.com, Attention: DMCA NOTICE.
12. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. Elites Casting, ITS OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, SUPPLIERS, LICENSORS, DISTRIBUTORS AND AGENTS (EACH A "Elites Casting PARTY" AND COLLECTIVELY, THE "Elites Casting PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. Elites Casting MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, INCOMPLETENESS OR INACCURACIES IN ANY CONTENT YOU ACCESS OR RECEIVE 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 SITE, OR THAT YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) UNAUTHORIZED ACCESS TO OR USE OF Elites Casting'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, (VI) REMOVAL OF CONTENT IN WHOLE OR IN PART AT ANY TIME, FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND, (VII) PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, (VIII) DELIVERY OF ANY MESSAGES SENT THROUGH THE SITE TO ANYONE, (IX) USE OF THE SITE INFRINGING THE RIGHTS OF THIRD PARTIES SINCE ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO Elites Casting, (X) IDENTITY THEFT OR ANY OTHER ACCESS TO OR MISUSE OF YOUR IDENTITY OR INFORMATION AND (XI) DAMAGES CAUSED BY ANY INTERRUPTION OR ERRORS IN FUNCTIONING OF THE SITE AND ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
IF YOU ARE DISSATISFIED OR HARMED BY THE SITE OR ANYTHING RELATED TO THE SITE, YOU MAY STOP USING THE SITE, CLOSE YOUR ACCOUNT AND TERMINATE THIS AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
13. Limitation of Liability
IN NO EVENT SHALL THE Elites Casting PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, INCOMPLETENESS OR INACCURACIES IN ANY CONTENT YOU ACCESS OR RECEIVE 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 SITE, OR THAT YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) UNAUTHORIZED ACCESS TO OR USE OF Elites Casting'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, (VI) THE REMOVAL OF ANY CONTENT IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND, (VII) ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, (VIII) DELIVERY OF ANY MESSAGES SENT THROUGH THE SITE TO ANYONE, (IX) USE OF THE SITE INFRINGING THE RIGHTS OF THIRD PARTIES SINCE ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO Elites Casting, (X) IDENTITY THEFT OR ANY OTHER ACCESS TO OR MISUSE OF YOUR IDENTITY OR INFORMATION AND (XI) DAMAGES CAUSED BY ANY INTERRUPTION OR ERRORS IN FUNCTIONING OF THE SITE AND ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Elites Casting 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.
IN NO EVENT SHALL THE Elites Casting PARTIES OR THEIR RESPECTIVE SUPPLIERS, LICENSORS OR DISTRIBUTORS IN HOSTING, OPERATING OR DELIVERING THE SITE OR SERVICES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SITE (INCLUDING ITS MODIFICATION OR TERMINATION), YOUR MEMBERSHIP (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
YOU AGREE THAT IN NO EVENT WILL Elites Casting'S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED FIVE TIMES THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR A PAID SERVICE, IF ANY, OR U.S. ONE HUNDRED DOLLARS (U.S. $100.00), WHICHEVER IS GREATER.
YOU SPECIFICALLY ACKNOWLEDGE THAT Elites Casting 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.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE Elites Casting PARTIES FROM AND AGAINST ANY AND ALL DAMAGES, LOSSES, LIABILITIES, OBLIGATIONS, CLAIMS, COSTS AND DEBT, AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES AND COSTS) ARISING FROM, RELATING TO, OR CAUSED BY (A) YOUR USE OF AND ACCESS TO THE SITE AND SERVICES, (B) YOUR FAILURE TO COMPLY WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR SUBMISSION OF CONTENT THAT VIOLATES THIRD PARTY RIGHTS OR APPLICABLE LAWS, (C) YOUR MEMBERSHIP AND (D) ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO A THIRD PARTY.
THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THIS AGREEMENT AND YOUR USE OF THE SITE.
14. Suspension/Termination of Your Membership Account
This Agreement shall remain in full force and effect while you use the Site or are a Member. You may cancel your Membership at any time by contacting Elites Casting at firstname.lastname@example.org. Termination of your Membership will be effective upon the Site processing your request. Your Membership will generally be cancelled within 2 business days; however, if you have paid for access to certain Paid Services in advance through a specific date, you will be permitted to access and use those Paid Services through that date.
Elites Casting may suspend, terminate or cancel this Agreement or your Membership at any time without notice, effective immediately or as may be specified in any notice.
In addition, and without limiting the foregoing, Elites Casting may, at its sole discretion and with or without notice, in response to any violation of this Agreement: (1) place a User on probation on terms established by Elites Casting in its sole discretion; (2) restrict or suspend the User's account; and/or (3) terminate the User's account.
In the event that Elites Casting suspends or terminates your Membership or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees, any Content or data associated with your Membership, or for anything else.
If a User is placed on probation, suspended or terminated, and the User is believed to have re-registered or attempted to have re-registered with the Site (including under a new name) that User may be permanently barred from the Site without recourse. In addition, Elites Casting may block access to the Site or Services from an IP address or range of IP addresses associated with those of terminated Users.
In the event a dispute arises between you and Elites Casting, you agree to resolve any claim or controversy at law or in equity that arises from or relates to this Agreement or the Site (a "Claim") in accordance with the subsections below.
A. Governing law
You agree that: (i) Elites Casting shall be deemed solely based in California; and (ii) Elites Casting shall be deemed a passive website that does not give rise to personal jurisdiction over Elites Casting, either specific or general, in jurisdictions other than California. You agree to and hereby submit to exclusive personal jurisdiction and venue in the state and federal courts located in the County of Los Angeles, California and the Central District Court, California, respectively, with respect to any such matters, and you agree to waive any and all objections to jurisdiction and to venue. This Agreement and the relationship between you and Elites Casting shall be governed in all respects by the laws of the State of California without regard to conflict of law principles.
B. Notice of claims
You agree to give Elites Casting no less than 60 days' notice of your intention to file any Claim, in order that you and Elites Casting may attempt to settle such Claim outside of arbitration proceedings. YOU AND Elites Casting AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO Elites Casting MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
All Claims shall be submitted to binding arbitration by a single arbitrator from JAMS or another established alternative dispute resolution ("ADR") provider chosen by the applicable Elites Casting Party (as defined herein). The arbitration proceeding will be located in Los Angeles, California and will be conducted in accordance with the ADR provider's rules and procedures applicable to the arbitration of commercial disputes, as such rules and procedures are then in effect. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any claim or action for indemnification, contribution, interpleader or injunctive relief arising out of a Claim shall not be subject to arbitration.
Should you file a Claim contrary to this Section, Elites Casting may recover attorneys' fees and costs.
16. Access from Outside the United States
This Site is controlled and operated by Elites Casting from its offices within the United States. Elites Casting makes no representation that materials on the Site or the Services are appropriate or available for use in other locations, and access to such materials or use of the Services from territories where their contents are illegal is prohibited. Those who choose to access the Site or Services from other locations do so at their own initiative and are responsible for compliance with applicable local laws.
17. General provisions
A. Entire Agreement
This Agreement is accepted upon your access and use of the Site and is further affirmed by you becoming a Member and maintaining a Membership. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Elites Casting regarding the Site and supersedes all prior agreements and understandings, whether written or oral with respect to the subject matter of this Agreement.
B. Section Titles
The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalid provision will be modified to make it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court finds the modified provision unlawful, void or unenforceable, the remaining provisions shall remain in full force and effect.
Except for Section 4 "Site Access", the terms of this Agreement shall survive any termination for any reason,.
D. No injunctive relief
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Site or Services, the use of any advertising or other materials issued in connection therewith, or use of the Site or any Content or other material used or displayed through the Site.
Elites Casting may give notice to you by means of a general notice on the Site, at or after log-in to your Membership account, by email to your email address in Elites Casting's records for your Membership, or by written communication sent by first class mail to your address on record for your Membership. You acknowledge and agree that Elites Casting shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Site or your Membership account.
All notices given by you, whether or not required under this Agreement, shall be sent by postal mail or courier to Elites Casting at:
3940 LAUREL CANYON BLVD, SUITE 373
STUDIO CITY, CA 91604 USA
F. Assignment and delegation
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Elites Casting without restriction.