Terms of Service
Please read below for the fine print.
User Terms of Service
Last Updated: August 22, 2019
Welcome to Castifi -- the service from Castifi, Inc. (“Castifi,” “we,” “us” or “our”) that directly connects you with Producers and others who are looking for a crowd. These Terms of Service (“Terms”) apply to your access and use of the Castifi mobile application (the “App”), our website located at http://www.castifi.com (the “Site”), our proprietary platform that powers the services (the “Platform”) and other online products and services (collectively with the App and the Site, the “Castifi Services”) of Castifi.
Accepting these Terms
By downloading the app or otherwise accessing or using the Castifi services, you agree to be bound by all of the terms below including your agreement to submit disputes to binding arbitration. Please read all of the terms before you use the Castifi services. If a term does not make sense to you, please let us know. If you don’t agree to all of the terms below, you may not use the Castifi services. You must be at least 18 years old to use the Castifi services.
We reserve the right to change these Terms from time to time. For example, we may need to change these Terms if we come out with a new feature or as our Platform adapts to changes in the market and our user base. If we make changes, we will notify you by revising the date at the top of the Terms and, in some cases, we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review these Terms periodically to stay informed about our practices.Whenever we make changes to these Terms, they are effective when the revised Terms are posted unless we notify you otherwise. If you continue to use the Castifi Services after the revised Terms have been posted, then you will be deemed to have accepted the changes to these Terms.
Description of the Services
Through the Castifi Services, you can be connected with venues, casting agencies, productions, and others (each, an “Producer”) who may need multiple people to serve as a crowd of attendees or audition for a production (each, an “Production”). When a Producer requests Talent for its particular Production, it will specify the number of people requested, the date, time and place of the Production, and additional criteria it seeks for each Talent. If your profile indicates that you meet the specifications and criteria of the Producer, you will receive a notification through the App or the Site of the Production. You may hit “Accept,” “I’m Available,” or a variation of these to indicate that you are willing to attend that Production in exchange for the compensation stated in the invitation. By hitting “Accept,” you are agreeing to attend the applicable Production. If you cancel or do not check-in via the App for the Production that you have agreed to attend, we may suspend your access to and use of the Castifi Services, in our sole discretion. You and other users of the Castifi Services are each deemed a “Talent.” Please report any behavior by a Producer or Talent that concerns you to us at firstname.lastname@example.org.
For more information about the Castifi Services, please see our Frequently Asked Questions.
To use Castifi Services, you will need to create an account. You can log in through your Facebook account. When you create an account, you may elect to allow Castifi to access certain elements of your Facebook account, such as your Likes, photos, contacts, and other information, which may be used to evaluate your eligibility for a Production. You are responsible for all activity performed through your account and accept all risk that someone may access your account without your permission. If you discover or suspect any security breach of the Castifi Services, please let us know as soon as possible. By creating an account with Castifi, you represent and warrant to us that you are at least 18 years old and that all information that you provide in connection with your account is at all times accurate, truthful, current and complete. Castifi reserves the right to deny any individual an account at our discretion. In addition, factors such as the number of Productions, availability of users already using the Platform, and size of the user base can affect a person’s ability to create an account.
Payment for Attending Productions
When you receive notification of a Production, the notification will also specify how much you will be compensated for attending the Production (the “Production Payment”). If you click on “Accept,” “I’m Available” or a variation of these for that Production, you are agreeing to be paid the amount of the Production Payment only. You must maintain and provide at all times complete and accurate information for your PayPal or other similar accounts, and we will have no liability to you for your failure to maintain complete and accurate payment information. You will receive the applicable Production Payment once the App has verified that you did attend the Production based on the geo-location information collected by the App from your mobile device. It is important that you maintain your mobile device with you while attending a Production. We will have no liability to or owe you a Production Payment if we cannot verify your attendance at the applicable Production due to inaccurate or incomplete geo-location information, your failure to maintain possession of your mobile device, or for your mobile device’s lack of power. You may be required to sign a W-4 and I-9 if Production chooses to pay you as a W2 short term employee. If the aggregate amount of Production Payments that we pay to you approaches USD $600.00, you will be required to submit a duly executed IRS Form W-9 to us with complete and accurate information and Castifi will report all compensation paid to you via IRS Form 1099-MISC. If you do not provide us with a Form W-9, we may suspend or terminate your account. Castifi will not withhold any taxes from the compensation it pays you, except as otherwise required by law.
Right to Use the Castifi Services
On the condition that you fully comply with these Terms, Castifi grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Castifi Services for your own personal, non-commercial use. However, the App may only be used on mobile devices that you control and each Cast Member can only access their own Castifi account in order to check-in at an Event. It is the responsibility of each Cast Member to ensure that their account is controlled by only them at all times. The terms of this license will also govern any upgrades provided by Castifi that replace and/or supplement the original App unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern.
Except as expressly authorized by these Terms, you may not (a) modify, disclose, alter, translate or create derivative works of the Castifi Services, (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Castifi Services, (c) disassemble, decompile or reverse engineer any of the software components of the Castifi Services, (d) copy, frame or mirror any part of the Castifi Services, (e) interfere with or disrupt the integrity or performance of the Castifi Services, or (f) attempt to gain unauthorized access to the Castifi Services or its related systems or networks.
Prohibited Use of the Castifi Services
You may not assert, post or otherwise make available on or through the Castifi Services any of the following:
- Content that is untruthful or inaccurate;
- Content that may result in harm, injury or damage to a person or product;
- Content that is libelous, defamatory, abusive, offensive or hateful;
- Content that is obscene, pornographic, indecent or sexually explicit, depicts graphic, excessive or gratuitous violence;
- Content that is illegal, harmful or offensive or that would encourage, solicit, foster, glorify or provide instructions for any criminal or civil offense;
- Content that may infringe, misappropriate or violate any intellectual property rights, rights of privacy, rights of publicity or any other rights of others;
- Viruses, corrupted data or other harmful, disruptive or destructive files or code;
- Content that, in Castifi’s judgment, is objectionable, may restrict or inhibit another from enjoying the Services or may expose Castifi or users of the Castifi Services to harm or liability of any type;
- Content that you are contractually or legally required to keep confidential.
Also, you may not do any of the following in connection with the Castifi Services or other users:
- Use the Castifi Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Castifi Services or that could damage, disable, overburden or impair the functioning of the Castifi Services;
- Collect any personal information about other users; Intimidate, threaten, stalk, bully or otherwise harass other users;
- Post spam or commercial messages through the Castifi Services;
- Create an account if you are not over 21 years of age; Use the Castifi Services as a platform for dating or matchmaking services, solicitation, escort services, or any other purpose except for being cast as a part of a crowd;
- Use the Castifi Services for any illegal or unauthorized purpose or to engage in, encourage or promote any activity that is unlawful or that violates these Terms; or
- Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Castifi Services, its users, or third parties.
Prohibited Activities at a Production
You are prohibited from engaging in the following, and any allegation that you have done so at a Production may result in your account and access to the Castifi Services being terminated:
- The unauthorized use, possession, manufacture, distribution or sale of an illegal drug, controlled substance or drug paraphernalia at a Production;
- Attending a Production while under the influence of illegal drugs or a controlled substance whose use is unauthorized. You are expected to use common sense and to know your own limits pertaining to the consumption of alcohol. You also acknowledge and agree that your decision to consume alcohol at production is solely a personal decision and you assume all risks, and accept full responsibility, for your consumption of alcohol.
Release of Liability
You voluntarily attend any production, with knowledge of any danger or hazardous activities involved, and hereby accept any and all associated risks. You further release (both on behalf of you and your family, friends, heirs, executors, and personal representatives), Castifi, its officers, directors, shareholders, employees, contractors, agents and representatives, and their respective successors, heirs and assigns (collectively, the "releasees"), from and against any loss (whether of wages or other earnings, consortium or otherwise), injury, disability, death, cost, expense, damage (whether direct, indirect, general, special, consequential and/or otherwise) or other claim of any kind whatsoever (collectively, "claims") directly or indirectly arising or resulting from, or otherwise relating to, your attendance at an production. You further agree to indemnify, defend and hold harmless the releasees from and against any and all demands, suits, proceedings, actions, judgments and other claims of any kind whatsoever that any of them may suffer or incur, directly or indirectly, arising or resulting from, or otherwise relating to, your attendance at an production or any resulting or related acts, productions or circumstances.
Disputes between You and a Producer
Your use of the Castifi Services is at your own risk. Castifi is not responsible or liable for the conduct of, or your interactions with, any other users or Producers (or their employees, contractors, or other Talent) or for any related damage or harm. The Castifi Services is merely a neutral means of connecting you with Producers. Any dispute that you may have regarding the conduct of any Producer or the quality or characteristics of a Production is between you and the applicable Producer.
Reporting and Removal
Castifi users may report content to Castifi that they think violates these Terms, and Castifi may remove such content, suspend or terminate the account of the user who posted or otherwise made available such content and/or take additional action to enforce these Terms against such user.
Also, in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Castifi has adopted a policy of terminating, in appropriate circumstances and at Castifi’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Castifi may also at its sole discretion limit access to the Castifi Services or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Castifi Services infringes upon any copyright that you own or control, you may file a notification with Castifi’s Designated Agent as set forth below:
Designated Agent: Castifi Support Team
Address of Designated Agent: 16192 Coastal Hwy, Lewes, DE 19958
Email Address of Designated Agent: email@example.com
Phone number of Designated Agent:1-302-645-7400
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by Castifi or the alleged infringer as the result of Castifi relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
As between you and Castifi, all information, materials, and content of the Castifi Services, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by Castifi or is used with permission. When you create, share, link to, or otherwise make available any responses to any Production notification or comments, ratings, or other feedback about an Production or Producer, or other content (“User Content”), you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any manner or media, on or off the Castifi Services. Castifi reserves all rights not expressly set forth in these Terms. You hereby irrevocably waive in favor of Castifi any and all moral rights that you may possess in or to any Requests, questions or responses that you submit or post on or through the Castifi Services.
Any suggestions, comments or other feedback you give us about the Castifi Services (the “Feedback”) will constitute our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this Feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.
Except as required otherwise of Castifi by applicable law, the Castifi services and any other service and content included on or otherwise made available to you through the services (including any user content) are provided to you on an “as is,” “as available” basis without any representations or warranties of any kind. To the fullest extent permitted by applicable law, we disclaim and exclude any and all other warranties, conditions, and representations (express or implied, oral or written), and all other terms which may be implied into these terms by law, with respect to the Castifi services and content included on or otherwise made available to you through the Castifi services (including any user content). Limitation of liability to the extent not prohibited by law, in no production, will Castifi be liable to you or any third party for any direct, incidental, special, indirect, consequential, exemplary, or punitive damages whatsoever including, but not limited to, damages for loss of property, physical losses, death or any other damages or losses, arising out of or related to these terms, the Castifi services (including the app and any user content), productions, an producer’s conduct, and/or third-party services or materials, however, caused, regardless of the theory of liability (contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory) and even if Castifi has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation may not apply to you.
For any loss or damage that is not excluded under these terms, the total liability of Castifi and its directors, employees, agents, affiliates and investors to you will not exceed USD $100.00.
You will defend us from and against any actual or threatened suits, actions, proceedings (at law or in equity), and claims, and indemnify us for any and all damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any of your conduct with respect to the Castifi Services or your violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your Castifi account.
Third Party Software
The software you download consists of a package of components, including certain third party software provided under separate third party license terms. Your use of this third party software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable third-party license terms, and nothing in these Terms is intended to impose further restrictions on your use of this third-party software.
Changes to the Services
Castifi reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Castifi Services and/or any features, information, materials or content on the Castifi Services with or without providing notice to you. Castifi will not be liable to you or any third party for any changes or discontinuance of the Castifi Services or any part of the Castifi Services.
Consent to Electronic Communications
By using the Castifi Services, you agree that we may communicate with you electronically regarding your use of the Castifi Services and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at firstname.lastname@example.org.
Suspension and Termination
Castifi may suspend or terminate your rights to access or use the Castifi Services (including the App) for any reason or for no reason at all and with or without notice at Castifi’s discretion. Suspension or termination may include restricting access to and use of the App. All of the terms of these Terms (excluding the license grant) will survive any termination or suspension. Governing Law; ArbitrationPlease read the following paragraphs carefully because they require you to arbitrate disputes with Castifi and limit the manner in which you can seek relief from Castifi.
These Terms shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without resort to any conflict of law provisions.
In the Production of any controversy or claim arising out of or relating in any way to these Terms or the Castifi Services, you and Castifi agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach a settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in Los Angeles, California. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and Castifi are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Whether the dispute is heard in arbitration or in court, you and Castifi will not commence against the other a class action, class arbitration or other representative action or proceeding.
If a settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Los Angeles, California. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The parties will share the expenses of the arbitration equally unless the arbitration determines that the expenses will be otherwise assessed and the arbitrator may award the prevailing party its attorney's fees and expenses. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
For any disputes that are not handled by arbitration, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Los Angeles, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or the use of the Castifi Services.
Enforcement of these Terms is solely at Castifi’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other parts of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. The section headings of these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms. These Terms (and the other policies and terms referred to above) make up the entire agreement between you and us regarding the Castifi Services, and they supersede any prior agreements that may have been made.
If you have any questions about these Terms, please email us at email@example.com or send a letter to:
8619 Washington Blvd.
Culver City, CA, 90232
Notice for California Users
If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the address above with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Notice Regarding Apple
Apple, Inc. and Other Third-Party Beneficiaries. You acknowledge and agree that Apple, Inc. (“Apple”) and its subsidiaries are third-party beneficiaries of these Terms and further that (a) upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party; (b) these Terms are between you and Castifi only, and not Apple; (c) Castifi, and not Apple, is solely responsible for the App and the content thereof; (d) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (e) to the maximum extent permitted by applicable law, Apple will have no warranty obligation with respect to the App; and Castifi, and not Apple, will be responsible for any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any applicable warranty; (f) in the Production of any third party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; and (g) Apple will not be responsible for addressing any of your claims or any third party claims relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.