You are entirely responsible for maintaining the confidentiality of your username, password and account details. Furthermore, you are entirely responsible for any activities that occur under your account. You agree to notify eCaster immediately of any unauthorised use of your username, password and account or of any other breach of security. eCaster will not be liable for any loss that you may incur as a result of a third party using your username, password or account, either with or without your knowledge. You may not use anyone else's username, password or account at any time. You could be held liable for losses incurred by eCaster or a third party due to you using anyone else's username and password. You could also be held liable for losses incurred by eCaster or a third party due to someone else using your username, password or account.
You warrant and represent that you own or otherwise lawfully control all the rights to the information that you post, upload, input, provide or submit on the www.ecaster.com.au web site.
You agree to use the Communication system (comprising of the e-mail service, sms messaging services, bulletin board services, discussion forums, news information, schedulers, and profile submission services) in the www.ecaster.com.au web site only to post, send and receive messages and material that are proper and lawful and related to the particular Communication Service.
In addition you agree to abide by the terms and conditions below:
- you will not use the Communication system in connection with junk email, surveys, contests, pyramid schemes, chain letters, spamming, stalking, abusing, harassing, threatening, defaming or otherwise infringing on the legal rights of other members and third parties.
- you will not use the www.ecaster.com.au web site to publish, post, upload, distribute, disseminate or transmit any inappropriate, profane, defamatory, infringing, obscene, indecent, offensive language, sexually explicit or unlawful material including still, audio or video images or information.
- you will not harvest or otherwise collect information about other members and third parties including e-mail addresses.
- you will not create a false identity for the purpose of misleading others.
- you will not knowingly post false information in your profile or account.
- you will not violate any applicable laws, regulations or code of conduct.
- you will not upload files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupt files or any other similar software or programs that may damage or impair the operation of the www.ecaster.com.au web site or other third party system.
- you will not advertise or offer to sell or buy any goods or services for any business purpose, unless such communication service is specifically designed to allow such messages or the express written permission is received from eCaster.
- you will not restrict, prohibit or inhibit any other member or user from using the www.ecaster.com.au web site and communication system.
- you will not re-write, alter, modify, copy, re-sell or re-distribute, framed, linked or otherwise use any information supplied in the www.ecaster.com.au web site including but not limited to the AAP Entertainment News Service for compensation of any kind or not, without the prior written permission of eCaster or third parties including but not limited to AAP.
- you will always use caution when giving out any personal and financial information about yourself or your children in any Communication service. You agree to indemnify and not hold eCaster responsible or otherwise for any losses that you or other third parties incur due to the misuse whether lawful or otherwise of such information.
- If you become a member of the www.ecaster.com.au web site, you agree to be responsible for all the charges accrued to your account with our published rates in your membership agreement.
By becoming a member of the www.ecaster.com.au web site, eCaster grants you a non-exclusive, non-transferable right to use the software application found on the www.ecaster.com.au web site. This licence is effective until terminated in accordance with the termination clause below.
You (or parent or legal guardian on your behalf) gives and forever grants eCaster a irrevocable, royalty free licence to use, publish and copyright your still images, video and audio reel and likeness in whole or in part including alterations, modifications and composites thereof in the advertising and promotion of the www.ecaster.com.au web site and its services throughout the world.
eCaster is not an employment agency or a talent agency. There is no warranty, whether express or implied, that eCaster will provide work, create opportunities for work for any member of eCaster or that the service provided by the www.ecaster.com.au web site will meet your requirements. eCaster will endeavour to use its best efforts to provide an internet based computerised system to distribute and make available all relevant information pertaining to the activities of member artists, agents and casting professionals. eCaster is not responsible for misuse of the system, or any interruption of, or negative effect of service caused by hardware or software failure. You agree that your use of the www.ecaster.com.au web site is at your own risk.
eCaster has no obligation to monitor all information residing on the www.ecaster.com.au web site including the communication services. eCaster reserves the right to review materials posted including the members, discussion forum, and remove any materials in whole or in part in its absolute discretion. eCaster reserves the right to appoint a moderator to the members discussion forum service to review topics and material posted by members and to remove any materials that are considered improper, in whole or in part at their absolute discretion.
eCaster does not control or endorse the content, messages or any other information residing on the www.ecaster.com.au web site and therefore eCaster specifically disclaims any liability in this regard and any actions resulting from your participation in any service provided by the www.ecaster.com.au web site including but not limited to the Communication service. eCaster has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by the service.
eCaster is not responsible for any loss or damage whatsoever, to any user or their associated third parties or legal nominees related to use of the www.ecaster.com.au web site.
You hereby agree to indemnify eCaster, its directors, shareholders, employees, agents and representatives against any damage, whether financial or not, for any loss of claim made by any third party arising out of your use of the www.ecaster.com.au web site or out of your breach of the terms contained herein. In no event shall eCaster be held liable to you for any consequential, special incidental or direct damages of any kind, whether financial or not arising out of the performance, use, misuse, interruption of or other hardware or software failure of the www.ecaster.com.au web site.
Third Party Advertisers
Appearing on the www.ecaster.com.au web site are advertisements from third parties and subscribing members. The advertisements include but are not limited to Open Casting Calls for roles, Advertisements for goods and services from Agents, Academy's and Photographers. eCaster is not responsible or liable for any part of any dealings which you have with third parties (including advertisers) included in the www.ecaster.com.au web-site or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions as these are solely between you and the advertiser or other third party.
Links to Third Party Web Sites
The inclusion and appearance of hyperlinks to third party web sites does not imply that eCaster endorses the linked web site. eCaster is not responsible or liable for any part of any dealings which you have with these third party web sites.
Copyright and Trademark Notices
All contents on the www.ecaster.com.au web-site are protected by Australian copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the web site system is transferred to you. You further acknowledge that title and full ownership rights to the software remain the exclusive property of eCaster. You must not copy, reproduce, reverse engineer, download, upload to a third party, frame, link or modify the contents in any way without the express written permission of eCaster.
Without limiting ecaster's rights in accordance with the terms of this agreement or other agreements either party may terminate this agreement without cause upon 30days written notice. In addition eCaster reserves the right to deny, cancel, and deactivate membership and terminate licence to use the www.ecaster.com.au web site to anyone at its own discretion and without notice, cause nor reason. eCaster reserves the right to also delete or suspend membership and accounts that:
- are inactive for an extended period of time; or
- should you violate any of the terms and conditions specified herein; or
- you fail to make payment of your membership as and when it fall due.
Upon termination you must satisfy payment of all outstanding accounts and dues in accordance with agreements entered into with eCaster. In addition, you are not entitled to a refund of any membership subscription fees paid.
In the event of the invalidity of any provision contained herein, you agree that such invalidity shall not affect the validity of the remaining terms and conditions herein and shall remain enforceable by law.
This agreement is governed by the laws of the State of Queensland, Australia. You hereby irrevocably agree to the exclusive jurisdiction and venue of courts in Brisbane in the state of Queensland, Australia in all disputes arising out of or relating to the use of the www.ecaster.com.au web site. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ecaster with respect to the www.ecaster.com.au web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ecaster. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use the www.ecaster.com.au web site and its services. If you are under 18 years of age you must obtain consent from your parent or legal guardian prior to becoming a member and using the www.ecaster.com.au web site.