Terms and Conditions ("Terms")

Last updated: September 14th 2015

Terms

We recommend and hope you enjoy reading these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the auditionist.com website and/or mobile application (the "Software"or "Site") operated by Auditionist Limited, a company registered in England and Wales with company number 8757358 ("we", "us" or "our"). Any individual or individual representing an entity or third party who accesses the Site shall be known as ("You","User" or "Users"). ("Talent") shall be used to refer to any User who opens an account for the purpose of viewing and auditioning for any casting or opportunity. Any industry professional or person deemed by us to be an industry professional who opens an account for the purpose of posting castings or opportunities shall be known as a (“Production”). Any actions renderable on any Software operated by us constitute ("Services"). To be read in conjunction with our (“Privacy Policy”). ("Content") refers to any media, data or any information inputted into any of our Software by any User.

By accepting these Terms you accept also accept our payment partner MangoPay’s (“MangoPay”) Terms that you can view here.

Use of our Site or Software by any employee or representative of any legal entity constitutes that you have authority to do so and are so bound by the Terms.

We in no way guarantee, promise or offer employment success through our website but aim to deliver the best Service possible.

Your access to and use of the Software is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, Users and others who access or use the Software.

By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Site or use any of our Services.

Auditionist Services

Auditionist is considered an employment agency providing a work seeking service in accordance with the Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003 as amended.

Auditionist exists as an online platform whereby Users can respond via Services to advertised roles and can be contacted by Productions. In such respect, we facilitate others in their bid to find work seeking activities rather than actively seek work for individual Talent. We endeavour to provide general information about employment opportunities but make no guarantee of finding work through Auditionist. It is understood that all Talent are freelancers and are not under direct employment by Auditionist or Productions.

Both Productions and Talent agree that Talent are engaged under contract by Productions through Auditionist by use of our Services. Talent authorise us to act as an employment agent, to enter into contracts on your behalf, to negotiate pay rates on your behalf and to agree those pay rates on your behalf. Talent authorise us to arrange for all payments of fees due to you by Productions to be paid to us on your behalf via an electronic client account.

Auditionist requires Productions to adhere to all relevant obligations under the Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003 as amended and fulfil its obligations, particularly in regard to health and safety, on its behalf except where expressly agreed otherwise in these Terms. It is the artist's responsibility as a self-employed contractor and the Production to ensure that Talent has been properly trained in all appropriate health and safety issues and is working in a risk-assessed, safe environment.

Acceptance of work

If at any time through our Service you are contacted or reply to a Production, you will have been deemed to enter into an “engagement”. You will be supplied, by electronic means, the identity of the Production, the type of work, location, work commencement date, the duration or likely duration and hours expected to work, the rate of pay, expenses and any health and safety risks known to us. We will also inform you of any specific qualifications, experience, training and any authorisations required by law, Production or professional body. This is the Talent's opportunity to decline an engagement if the Talent does not accept the terms offered. After Talent has made themselves available for an engagement, Talent are not entitled to be released on the basis of the rate of pay.

When not supplied by electronic means, information will be confirmed within three (3) working days (excluding Saturday, Sunday and any public or Bank holiday) unless you have been previously supplied the information from previous employment with the Production.

You are not obliged to accept any offer of work received through Auditionist. Once you have accepted an engagement you are required to keep the whole booking day free. This includes part days, where you may be required for a rehearsal or costume fitting.

You agree that if you do accept an offer of work received through Auditionist, that you will arrive promptly at the time agreed with the Production and that you will carry out legal and reasonable requests made by the Production or industry professional on their behalf.

Talent engagement on any engagement is subject to a separate contract with the Production or industry professional on their behalf. As soon as an engagement is made between a Production and Talent, they are thereby engaged under a contract for services as a self-employed entertainer directly by the Production and not by us. Some Productions will require you to sign a written contract but others will not require formalities.

Talent agree to sign a release form for usage of their image or salary voucher when requested to by a Production. Talent accept that wilful failure to sign a release form or salary voucher may result in not being paid. You authorise us to sign a release form or salary voucher on your behalf in the event that it is not signed on the day to ensure payment. It is the responsibility of Talent to keep track of hours in lieu of a salary voucher.

You agree to help and cooperate with any Production to obtain a criminal record check if required.

You agree to perform to the best of your ability, to follow reasonable instructions and accept control, supervision or direction from the Production or industry professional on their behalf and that you will abide by their rules and regulations. You also agree to abide to any specific terms of that role and, to the fullest possible extent, safeguard your own health and safety and that of others around you and to comply with the health and safety procedures of the Productions or industry professional on their behalf.

Auditionist is not liable if you are injured (unless caused by our negligence) or for any loss of, damage or theft of any of your personal possessions. Productions are responsible for personal injury insurance to cover you during the course of the engagement.

In the event that you are unable to attend an engagement you must notify Auditionist via phone and email as soon as reasonably possible. If at any time, including during, you believe you are unsuitable for the engagement you must notify us by phone and in writing via email. If you fail to notify Us or the Production, we reserve the right to terminate your account.

Productions or us may terminate engagements at any time without liability or prior notice in accordance with these Terms. In the event of a cancellation, we will aim to notify you as soon as reasonably possible after we receive notice from the Production.

Talent agree that they are legally entitled to work in the UK and that there are no material facts which you consider ought to be disclosed and could be pertinent to your engagement, or likely to cause illness injury or damage to yourself or others, or you have informed us in writing of such facts.

Talent agree that they have no known allergies to make up or prosthetics and will inform us and Productions of known allergies to any prosthetics or make-up in writing.

During the course of an engagement, you may be used in filming or on production more than the amount agreed or advertised on Auditionist in which case you may be owed additional fees. In this instance, you must refer the Production to us to handle any negotiations on your behalf and not deal with them yourself.

Taxation

As instructed by HMRC, we are required to add VAT on our commission but not on the total fees.

You are required to pay your tax as a self-employed individual. From 6th April 2014 you are also considered self employed for National Insurance purposes. Payments will be made to you gross of Class 1 National Insurance contributions and income tax. Talent are responsible for paying Class 2 National Insurance and, where applicable, Class 4 National Insurance. You must declare these earnings as part of your normal self-employed Self-Assessment return. We cannot provide advice on taxation.

For the avoidance of doubt, Talent shall not be considered an employee of Auditionist under any circumstances. Any monies paid to Talent by us are not for services rendered and are paid under or in consequence of your contract with a Production and Auditionist, in this regard, will act as the Production's payment agent.

Talent expressly indemnify us against any loss suffered in connection with National Insurance Contributions or income taxation issues relating to payments made via Auditionist.

Payment to Talent

Auditionist will invoice Productions on behalf of Talent. Talent agree that we are exclusively authorised to negotiate fees and accept payment on your behalf. Talent acknowledge that 10% commission (referred to as “Commission”), exclusive of VAT, will be paid to Auditionist for any work found or facilitated by us.

The parties further agree that payments to Talent shall be paid via Auditionist services and that the talent has agreed for auditionist to act on its behalf when negotiating fees and securing payment as a passive online platform that does not operate as a general agent for work finding services other than as mentioned in these Terms. When Talent is engaged through use of any part of our Services then an engagement has been formed and we shall be appointed by parties to collect monies on behalf of Talent.

Once payment has been received from a Production, we aim to pay Talent their engagement fee within seven days of receipt less 10% commission for our services, exclusive of VAT, through MangoPay directly into the artist’s building society or bank account by BACS to a British bank account using the account number and sort code. We will also email a remittence.

We aim to be transparent and helpful in handling payments. Talent are able to access an income statement of monies paid and owed through our services and can review payment amounts and details.

We aim to ensure that we receive payment for invoices within two months issuance. We are not responsible nor guarantee nor are considered liable for payments due by Productions until such time as we receive payment in entirety. We are not required to issue proceedings or take other legal action in the case of non-payment due to unforeseen circumstances out of our control. We are not required to update or notify Talent of payment handling until eight weeks have elapsed since the job.

No rebates or refunds shall be issued on any part of the commission owed to us. Failure to complete an engagement may result in reduced rates being paid at our sole discretion.

Talent must notify us in writing of fees paid directly within 3 days of receipt and must pay commissions owed within 7 days after an invoice has been issued by us.

Any overpayment by us must be paid back within 7 days of request.

You have the ability to change your financial details within our service. It is the responsibility of Talent to provide the correct bank or building society details. Failure to provide details may result in delays of payment and any costs incurred by us are deductible from your fee. We are not responsible nor liable for retrieving any payment to bank account details that you provide.

Right To Work

Talent warrants that he or she has the right in law to undertake work on relevant engagements either by virtue of nationality or a valid and current work permit. You must inform us immediately if your legal right to work in the UK changes.

We are unable to process payment or put you forward for work until you upload a copy of your passport via our website, which we may retain, and supplied your national insurance number. You must also provide your date of birth, full legal name and gender.

Talent under the age of 18 must provide written permission to work from a parent or guardian by email to us and may have to provide further written confirmation upon request by a Production.

Talent Referrals

Talent who refer Prospective Talent not registered on Auditionist for the purpose of auditioning for a specific job shall be called a (“Partner”).

(“Prospective Talent”) are Talent to whom Auditionist has not at any time previously provided with Services and with whom Auditionist has not been in bona fide negotiations to provide the Services in the six months before the introduction date.

Prospective Talent that are introduced by Partners who are accepted onto the Site shall be known as (“Accepted Leads”).
 Partners introduce Prospective Talent for the purpose of securing an individual Engagement as recorded in a unique link to the Site. Following a successful Engagement, Partners shall receive 50% of commissions made to Auditionist for the introduced Engagement under these Terms less any value added tax or other sales tax on them, any out of pocket expenses incurred by Auditionist in providing the Services and any discounts or rebates granted by Auditionist.

The Partner must disclose to each Prospective Talent that it represents Auditionist and that it has no authority or ability to negotiate or vary the Services or the terms of the Services or enter into any contract on behalf of Auditionist. 
 The Partner shall not produce any marketing material for Auditionist's Services or use Auditionist's name, logo or trademarks on any marketing material for the Services without the prior written consent of Auditionist.
 The Partner shall not, without Auditionist's prior written consent, make or give any representations, warranties or other promises concerning the Services which are not contained in Auditionist's marketing material or Terms. 
 Where a Prospective Talent is Introduced by the Partner and the Prospective Talent then introduces Auditionist to a third party who enters an Engagement in the course of participating in Services from Auditionist, the Partner shall not, by virtue of such initial introduction earn Commission.

All Prospective Talent must be accepted by Auditionist before becoming Accepted Leads. We reserve the right at our absolute discretion to refuse to accept a Prospective Talent as an Accepted Lead and will provide the Partner with the reasoning behind such refusal if requested in writing, provided that the Partner agrees to keep such explanation entirely confidential.
 The Partner will submit Prospective Talent to Auditionist by using the link provided with the Partner’s unique reference code. Accepted Leads will be required to audition for a role using Auditionist’s Services. Failure to apply using our Services will result in no Commission being owed to the Partner. If the Accepted Lead fails to enter an Engagement as a result of an audition the Partner will lose all rights to receive commission from that introduction.
 If an Accepted Lead enters into an Engagement, Auditionist will be responsible for all customer service matters relating to the provision of the Services. The Partner shall be entitled to Commission if an Accepted Lead Introduced by the Partner enters into an Engagement. 

Any Commission payable shall be due to the Partner within 21 Business Days of Auditionist receiving payment in cleared funds for the Engagement entered into by the Accepted Lead. If Auditionist receives payment in instalments, then Commission shall be calculated and paid on such instalments as they are received by Auditionist.

Auditionist shall publish within the Partner control panel a list of introduced customers, the Commission payable to the Partner, the payments for Services received, details of any sums due which have not been received and how the Commission has been calculated, including details of all deductions made in determining Net Income. 
 Auditionist will send the Partner a self-billed invoice for the Commission payable together with any applicable VAT.
 Commission shall be payable to the Partner either in the currency in which it is received by Auditionist or in pounds sterling at the discretion of Auditionist.
 All sums payable under this agreement are exclusive of value added tax or other applicable sales tax and shall be paid in full without any deductions (including deductions in respect of items such as income, corporation, or other taxes, charges and/or duties) except where the payor is required by law to deduct withholding tax from sums payable to the payee. If the payor is required by law to deduct withholding tax, then the payor and the payee shall co-operate in all respects and take all reasonable steps necessary to lawfully avoid making any such deductions or enable the payee to obtain a tax credit in respect of the amount withheld.

Where payment is received from an Accepted Lead but subsequently dishonoured for whatever reason, Auditionist reserves the right to reclaim any commission paid to the Partner in respect of that failed payment from future payments of Commission owing to the Partner or within 7 days of request by BACS or bank transfer. 
 If any dispute arises as to the amount of Commission payable by Auditionist to the Partner, the dispute shall be referred to Auditionist's accountants of choosing for settlement at the Partners expense and the Accountants decision, save in the case of manifest error, shall be final and binding on both parties.

At our discretion, in the event of a referral from a Partner and Casting Partner we may pay two referrers from our Commission, although both fees will be at 33% of the total commission.

No Commission or other compensation shall be payable for future Engagements entered into by an Accepted Lead or if this agreement has been terminated by Auditionist as a result of the Partner committing a material breach of these Terms.

The Partner shall have no authority, and shall not hold itself out, or permit any person to hold itself out, as being authorised to bind Auditionist in any way, and shall not do any act which might reasonably create the impression that the Partner is so authorised. The Partner shall not make or enter into any contracts or commitments or incur any liability for or on behalf of Auditionist, including for the provision of the Services or the price for them, and shall not negotiate any terms for the provision of the Services with Prospective Talent.
 Termination of these Terms, howsoever arising, will result in the Partner ceasing to be entitled to any payments of Commission.


Casting Referrals

Employers who refer Prospective Employers not registered with Auditionist for the purpose of auditioning Talent for a specific role shall be called a (“Casting Partner”).

(“Prospective Employers”) are Employers whom Auditionist has not at any time previously registered for our Services and whom Auditionist has not been in bona fide negotiations to provide the Services in the six months before the introduction date.

Prospective Employers that are introduced by Casting Partners which are accepted onto the Site shall be known as (“Accepted Employers”).
 Casting Partners introduce Prospective Employers for the purpose of securing Talent. Following a successful Engagement and payment of Talent through the site, Casting Partners shall receive 50% of commissions made to Auditionist for the introduced Engagement under these Terms less any value added tax or other sales tax on them, any out of pocket expenses incurred by Auditionist in providing the Services and any discounts or rebates granted by Auditionist.

The Casting Partner must disclose to each Prospective Employer that it represents Auditionist and that it has no authority or ability to negotiate or vary the Services or the terms of the Services or enter into any contract on behalf of Auditionist. 
 The Casting Partner shall not produce any marketing material for Auditionist's Services or use Auditionist's name, logo or trademarks on any marketing material for the Services without the prior written consent of Auditionist.
 The Casting Partner shall not, without Auditionist's prior written consent, make or give any representations, warranties or other promises concerning the Services which are not contained in Auditionist's marketing material or Terms. 
 Where a Prospective Employer is Introduced by the Casting Partner and the Prospective Employer then introduces Auditionist to a third party who enters an Engagement in the course of participating in Services from Auditionist, the Casting Partner shall not, by virtue of such initial introduction earn Commission.

All Prospective Employers must be accepted by Auditionist before becoming Accepted Employers. We reserve the right at our absolute discretion to refuse to accept a Prospective Employer as an Accepted Employer and will provide the Casting Partner with the reasoning behind such refusal if requested in writing, provided that the Casting Partner agrees to keep such explanation entirely confidential.
 The Casting Partner will send Prospective Employers a link to Auditionist for the purpose of paying talent engaged through the Service. Accepted Employers will be required to pay for Talent using Auditionist’s Services. Failure to pay using our Services will result in no Commission being owed to the Casting Partner. If the Accepted Employer fails to enter into an Engagement as a result of our Services the Casting Partner will lose all rights to receive commission from that introduction.
 If an Accepted Employer enters into an Engagement, Auditionist will be responsible for all customer service matters relating to the provision of the Services.

Any Commission payable shall be due to the Casting Partner within 21 Business Days of Auditionist receiving payment in cleared funds for the Engagement entered into by the Accepted Employer. If Auditionist receives payment in instalments, then Commission shall be calculated and paid on such instalments as they are received by Auditionist.

Auditionist shall publish within the Casting Partner control panel a list of introduced customers, the Commission payable to the Casting Partner, the payments for Services received, details of any sums due which have not been received and how the Commission has been calculated, including details of all deductions made in determining Net Income. 
 Auditionist will send the Casting Partner a self-billed invoice for the Commission payable together with any applicable VAT.
 Commission shall be payable to the Casting Partner either in the currency in which it is received by Auditionist or in pounds sterling at the discretion of Auditionist.
 All sums payable under this agreement are exclusive of value added tax or other applicable sales tax and shall be paid in full without any deductions (including deductions in respect of items such as income, corporation, or other taxes, charges and/or duties) except where the payor is required by law to deduct withholding tax from sums payable to the payee. If the payor is required by law to deduct withholding tax, then the payor and the payee shall co-operate in all respects and take all reasonable steps necessary to lawfully avoid making any such deductions or enable the payee to obtain a tax credit in respect of the amount withheld.

Where payment is received from an Accepted Employer but subsequently dishonoured for whatever reason, Auditionist reserves the right to reclaim any commission paid to the Casting Partner in respect of that failed payment from future payments of Commission owing to the Casting Partner or within 7 days of request by BACS or bank transfer. 
 If any dispute arises as to the amount of Commission payable by Auditionist to the Casting Partner, the dispute shall be referred to Auditionist's accountants of choosing for settlement at the Casting Partners expense and the Accountants decision, save in the case of manifest error, shall be final and binding on both parties.

At our discretion, in the event of a referral from a Partner and Casting Partner we may pay two referrers from our Commission, although both fees will be at 33% of the total commission.

No Commission or other compensation shall be payable for future Engagements entered into by an Accepted Employer or if this agreement has been terminated by Auditionist as a result of the Casting Partner committing a material breach of these Terms.

The Casting Partner shall have no authority, and shall not hold itself out, or permit any person to hold itself out, as being authorised to bind Auditionist in any way, and shall not do any act which might reasonably create the impression that the Casting Partner is so authorised. The Casting Partner shall not make or enter into any contracts or commitments or incur any liability for or on behalf of Auditionist, including for the provision of the Services or the price for them, and shall not negotiate any terms for the provision of the Services with Prospective Employers.
 Termination of these Terms, howsoever arising, will result in the Casting Partner ceasing to be entitled to any payments of Commission.


Eligibility

All Users must be over 18 unless the site is used by an agent, parent or guardian on a minor's behalf who ensures the minor complies with these Terms and is liable for ensuring the welfare and legality of that minor's activities in conjunction or through the Site.

You may not use the Site or our Services if you operate, own or are employed by any company that competes with our Services in any capacity.

You may not use our site or Services if you are subject to a court order, or have been convicted of any offence, relating to sexual misconduct, harassment, impersonation, minors, children, assault or violence.

You may not use our site if you have been explicitly banned from using our Services by email or are acting on behalf of a banned User.

Accounts

To access many areas of the site you have to create an account or have an account created for you.

When creating an account with us, you must keep all relevant information and Content up to date and current. The User must ensure the accuracy and lawfulness of all information and Content.

The User must also ensure that all Content uploaded to the site has the approval of any and all rights holders or licensors and indemnifies us against all claims (For more information see "Intellectual Property And Rights"). Failure to comply may result in an immediate termination of your account on our Site without warning and at our discretion.

By creating an account you consent to having your personal details held on our database and to being contacted by us by any communications including telephone, SMS, social networks and email. We will not sell or disclose your details to any third parties, other than laid out in these Terms, without your permission. Please see our Privacy Policy for more information.

It is your responsibility to look after your password that you use to access the Site and by complying to these Terms you agree not to disclose your password to any third party, individual or entity. To change your password at any time please select "forgot password" at login. If you believe there has been a security breach or unauthorised account access or use you must notify us by emailing hello@auditionist.com.

Custom URLs are assigned on a first come, first serve basis but can be reassigned by us at any time, without warning or consent of the User.

Access To Our Site

By opening an account with us you acknowledge that we will send you data relevant to providing you with our Service and that you are liable for all cost of access to that data whether through the Site or Mobile Application.

You agree not to hold us liable for any loss or damages caused by occasional repair, updating, maintenance, network or communications failure or any damage resulting from your use of the Site or any of our Services.

Your Profile - Talent

When you submit a request to join Auditionist we will aim to comply as soon as possible. If you have not had a response, please email hello@auditionist.com or contact us through the official Facebook page. We withhold the right to deny access to the Site for any reason nor do we have to disclose the reason for denial.

If you are approved as a User then you will be sent an email with a verification link. You will then be taken through required fields unless you have chosen for your profile to be pre-populated.

Your Auditionist Profile is intended to be used to promote yourself to prospective Productions. We will give you access to those Productions through the Site and they have the ability to view all Content not set to private. We are selective with who we allow to post castings to the Site though this is not guaranteed by us and we cannot be held liable for anything that occurs as a result of any such casting. People will be able to view your public profile through use of your custom URL unless set to private. Registered Users will be able to view your Content not set to private. Due to the promotional aspect of your public profile we are not liable nor responsible for the distribution of your custom URL or profile link nor if you believe your custom URL or profile link is being linked to inappropriately or without your consent.

You acknowledge and accept that any casting or job offers come solely from a Production and wholly at their discretion. We are unable to influence the decision of Productions on your behalf and you will not expect us to at any point. You are responsible for ensuring the acceptability of any job or casting to yourself before you apply. We do not guarantee nor promise jobs, profile views and contact with Productions or industry professionals.

"Paid" work means work that the Production believes is work that meets the UK national minimum wage criteria however it is your responsibility to ensure payment is made and that information included in the casting is correct at the time of application.

Failure to upload a headshot within seven days may result in suspension of your account. If the User has an agent or representative then they must adhere to any pre-existing contracts in relation to payment of any fees or commission owed. If an agent is using the Site on a client's behalf then they must agree to be bound by these same Terms.

Your Profile - Production

Any casting advertised on the Site must be true, decent, genuine and available at time of posting. You accept that we are not liable for any action or lack of action from any Talent introduced by us and you will not pursue any claim against us in accordance with these Terms.

You accept sole responsibility for ensuring that you are fully satisfied with any Talent and they have the skill and capability to carry out any advertised casting role before inviting them to a physical casting or offering them any job or opportunity.

We may edit or change any elements or aspects of a casting to make it more suitable to the appearance or policies of our Site and Services at our sole discretion and without prejudice. You agree to bear sole responsibility of ensuring that any Content or advertisement posted to the Site complies with all applicable laws, including those relating to tax, employment, minimum payments and non-discrimination/equality. You bear all legal responsibility and obligations towards any User your casting is created for.

We reserve the right to remove any posting or advertisement from the Site or our Services at any time if we reasonably believe that the casting is in breach or contravention of any applicable laws, including those relating to tax, employment, minimum payments and non-discrimination/equality.

You agree that all Content provided to you is done so for the sole purpose of evaluating Talent and that you will only use any data, information or Content for this purpose and in strict accordance with these Terms under a revokable license from us. If you are requested to permanently destroy or delete any data, information or Content then you must comply with the request promptly and with permanent effect to be confirmed by you in writing or by replying to an email request by us. All data, information or Content is provided for your use solely within the Site and within our Services. You are expressly forbidden from exporting or copying any Content, data or information from the Site or any of our Services and doing so will make you in breach of these Terms and our intellectual property rights. If you are seeking to use any Content from Auditionist then you must contact hello@auditionist.com. We reserve our right to claim damages against you or any entity that you are employed by or were employed by at the time of contravention.

Castings

Talent with an account may view casting briefs sent out by Productions or any such industries as we deem suitable to post casting briefs. We do not have prior access to casting briefs made by Productions and cannot assume any responsibility or liability for the accuracy of information contained within. All Productions are bound by these Terms and legislation, however if you are concerned about a casting, please contact hello@auditionist.com.

We cannot assume responsibility or liability for any arrangement of employment or meeting between Users and urge care and caution when reviewing any details of the arrangement contractually. We also encourage Users to ensure their safety by being vigilant at all times.

Confidentiality

Talent recognise that in the course of using our Service or having been introduced to a Production they may come into possession of confidential material. You must not make any film or sound recording or take any photographs while on any set. Talent are required under these Terms to protect all confidential information and shall not disclose any such information except where required to by law or when expressly authorised by us or the Production. For the avoidance of doubt, confidential information shall include, but is not limited to, call sheets, locations, photographs, videos, audio recordings, production titles, dates, casting or scripts.

You are expressly forbidden from contacting any magazine, journal, publication, newspaper, blog, log or journalist.

You are expressly forbidden from posting photos, videos or audio to any website, social network or blog in any capacity.

Site License

We own the Site and all of the Content it contains, or may in the future contain, including but not limited to all trademarks, directories, text, images, videos, information, sounds and Software although we grant you a non-exclusive and revokable license to view and use our Site for the purpose of participating in our Services as long as you fully comply with these Terms and Conditions.

Intellectual Property

We take our own and others intellectual property seriously at Auditionist.

We cannot be held responsible for any User or third party that use or misuse your Content or trademark and you explicitly agree not to hold us liable for any resulting loss or damages.

You hereby grant to Auditionist, for the purpose of providing the Services, a non-exclusive, worldwide, perpetual, royalty-free, fully-paid, transferable licence to host, cache, copy, sub-licence, display, transmit, upload, transfer, download and distribute your Content in connection with the Services including the right to change, modify or incorporate such Content in marketing materials or on the Site or any domain used by Auditionist.

You acknowledge that by uploading your Content to the Website or otherwise making your Content available using the Services, your Content will be visible to and accessible by other Users.

You warrant that you have obtained all necessary permissions and consents required for you to publish, upload or otherwise distribute your Content to other Users via the Site.

By uploading or otherwise making available your Content to and via our Site, you agree and warrant that all of your Content is accurate and reliable and does not contain any misleading or inaccurate information, data or images.

You will not publish, post, upload, link to or otherwise distribute or transmit any of your Content that:

infringes or would infringe any third party intellectual property rights or any right to privacy; does not comply with any applicable law, regulation or code of practice or which advocates or incites illegal activity; you do not have the necessary rights, consents and permissions to so use; is used to impersonate, or to misrepresent your identity or affiliation with any person; is likely to deceive or mislead any person; promotes, solicits or contains abusive, defamatory, violent, harassing, indecent, obscene, pornographic, threatening, vulgar or otherwise inappropriate, objectionable or unlawful material, or which is harmful to minors; contains corrupted files, viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other technologically harmful programs, data, software or code; or is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence. that is objectionable, as set out by the Films, Videos and Publications Classifications Act 1993. We reserve the right to remove any Content without notice if we receive notice that, or if in our opinion, such Content does not comply with any of the provisions this clause.

We also have the right to disclose your identity to any third party who claims that any of Your Content is unlawful, untrue, misleading or defamatory, or constitutes a violation of their intellectual property rights, or of their right to privacy, or is in breach of any legal duty owed to that third party.

By uploading or otherwise making available your Content to our Site or via the Services, you agree that you will provide to us at our request all information and assistance that may be reasonably necessary, including but not limited to providing documents or correspondence (where available), in connection with any complaint received, or claim or proceedings brought by, a third party in respect of your Content. We may also disclose your identity and/or your Content or any part thereof to any legal, regulatory or other administrative body of competent jurisdiction in connection with any such complaint, claim or proceeding.

You are also responsible for the making and keeping of back-up copies of any or all Content uploaded or otherwise used or accessed by you in using the Services.

You have sole responsibility for the legality, reliability, integrity, accuracy, completeness and quality of your Content and Auditionist has no responsibility or liability for the legality, reliability, integrity, accuracy, completeness or quality of your Content or any third party content.

You acknowledge that any reliance by you upon any third party Content shall be at your sole risk and that Auditionist shall not be liable for any loss or damage you may suffer as a result of your use of or reliance upon any third party Content.

No Liability for Content

Auditionist gives no warranty as to the accuracy or completeness of any Content and Auditionist has no control over any Content.

Auditionist does not verify or endorse any Content. To the fullest extent permitted by applicable law, Auditionist shall not be responsible or liable for any Content, including without limitation any:

Content that is uploaded, transmitted, sent, received or held by you in connection with the Services; access to or alteration of Content by you or any third party; Content which is defamatory, illegal, obscene, offensive or threatening; Content which infringes any third party rights, including without limitation any intellectual property rights, rights of confidentiality or rights to privacy; Content which does not comply with any applicable law, regulation or code of practice or which advocates or incites illegal activity; or Content which contains corrupted files, time bombs, Trojan horses, viruses, worms, keystroke loggers, spyware, adware or any other technologically harmful data, programs or software. Auditionist shall not be responsible or liable for any failure to upload, store, transmit or receive transmission of, download, view or access, any Content or for the security or confidentiality of any Content uploaded, stored or transmitted by you in connection with your use of the Services.

To the fullest extent permitted by applicable law, Auditionist shall not be responsible or liable for any loss, deletion or corruption of any Content which may arise out of or in connection with your access to or use of the Services.

You may include links to our Site and Services as long as you do so in a way that is fair and lawful and does not take advantage of or damage our brand or reputation. You agree not to mislead anyone by suggesting explicit association or endorsement by us unless previously agreed in writing.

Our Site may contain links to third-party web sites or Sites that are not owned or controlled by Auditionist.

Auditionist has no control over, and assumes no responsibility for, privacy policies, practices or the content, of any third party web sites or Sites. You further acknowledge and agree that Auditionist shall not be liable or responsible, directly or indirectly, for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or Sites available on or through any such web sites or Sites.

We recommend that you read the Terms and conditions and privacy policies of any third-party web sites or Sites that you visit.

Conduct

We expect all Talent to maintain a high standard of quality when uploading Content and in maintaining their profile. Failure to do so to a fair standard of our discretion may lead to account suspension and/or termination.

You shall not misrepresent yourself in any way, impersonate others or claim to be affiliated to any person or entity who you are not.

Unlawful and unauthorised use of any Content is expressly forbidden. You will not use, copy or distribute any Content that has been uploaded to the Site or as any part of the Service other than

in accordance with these Terms and through no third parties other than for Content that you have uploaded yourself.

You may not disclose or distribute personal, sensitive or confidential about yourself, any other User, of any part of the Site and Service.

Unless the User has an account they may not use the Site or Service to promote, advertise or solicit any products, Services or commercial use.

We will not tolerate abusive, vulgar, obscene, indecent, pornographic, defamatory, stalking, harassing, hateful, discriminatory or threatening language, behaviour or Content.

You must not intentionally or unintentionally break any law while using any Service or part of the Site.

You are expressly forbidden from collecting the details of other Users by electronic or any other means without express permission of the User or us.

You must not infringe the trademarks, Content, copyright or any other person or entity with any Content or action on the Site.

You may not use the site to commit any criminal or fraudulent activity and any such activity perpetrated is in contravention of these Terms.

Prohibitions

You are prohibited from the following:

Attempting to hack or gain unauthorised access to the Site or any part of the Service. Modifying or reverse engineering any of the Software. Knowingly or unknowingly introducing a computer virus, DDOS attack or malware into the Site. Sending spam or any other form of marketing or mass marketing communication. Contacting any User otherwise than in accordance with this agreement. Security We take the security of all Users extremely seriously. We take all reasonable precautions and have set procedures for handling any information disclosed to us but cannot be held liable for any losses resulting in a breach of web security and they shall be exclusively borne by the User. We in no way guarantee that our site is virus free and as such we shall not be liable for any losses, infection or damages sustained as a result of a virus or malware you are exposed to using the Site or any of our Services.

Please take care when entering person details or passwords. We cannot be held liable for any loss or misuse of data when lost in this way and you shall be responsible for notifying us of any breach.

Usage and Statistics

You allow us to monitor, access, disclose and use details of your usage (including Content) of the Site and our Services for administration, maintenance, legal compliance, compliance with Terms, quality control, investigation or enforcement of our rights including, but not limited to, law enforcement. Please see our Privacy Policy for more details.

By using this site you agree unreservedly to the use of 'cookies'.

Account deletion

You can apply to have your account deleted by emailing hello@auditionist.com. We will aim to comply as soon as possible.

Termination

You may request termination of your account at any time by contacting hello@auditionist.com and giving one months notice from a verified receipt of the request by us.

We may suspend or terminate access to our Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you knowingly or unknowingly breach the Terms.

All articles of the Terms which by their nature should survive and termination shall survive termination, including, without limitation, warranty disclaimers, ownership provisions, indemnity and limitations of liability.

Your right to use the Site will immediately cease upon termination.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new Terms taking effect. What constitutes a material change will be determined at our sole discretion and without notice to yourself.

We reserve the right to withdraw or change our advertised features or Services without notice and with no liability to us. We reserve without limitation the right to edit, delete or change any Content or information on the Site.

It is the Users responsibility to keep up to date with the changes to these Terms although we will reasonably update you at such a time deemed appropriate solely by us.

By continuing to use our Site or Services after those revisions come into force, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Site and all our Services.

Price Changes

We reserve the right to introduce fees or prices at any time.

Warranty

This website is provided "as is" without any representations or warranties, express or implied. We make no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, we do not warrant that this website will be constantly available, or available at all, or the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or employment matter you should consult an appropriate professional.

Indemnity

You agree to indemnify us, our affiliates, licensors, subsidiaries, assignees including their employees, directors and/or officers against all actions, proceedings, claims, costs (including expenses and legal), expenses and liabilities of every description arising from the exercise or the purported exercise in good faith of any of the Services or Terms and notwithstanding that they may have arisen as a result of a lack of care on the part of such person.

Breach

If you breach these Terms, without limiting any other remedies or rights, we may suspend, terminate, remove castings, revoke accounts, remove access to data, delete data permanently, issue verbal and/or written warnings or limit your activities on the Site or Services in any way we deem fit, without notice and with immediate effect.

Liability

Nothing in these Terms shall exclude or limit our liability for fraud, or for death or personal injury caused by negligence or other liability which cannot lawfully be excluded. We, our affiliates, licensors, subsidiaries, assignees including their employees, directors or officers are not liable for any loss or damage to any User, any persons or third parties whether direct, indirect or consequential that arises from use or inability to use our Site, Services or Content including, but not limited to, jobs, job opportunities, castings, loss of business, customers, profit, revenues, loss of business or anticipated savings contracts, Software, data, time whether by tort (including negligence), equity, breach of contract, breach of statutory duty or otherwise, even if foreseeable.

You agree to give us time that we deem reasonable to correct or remedy any matter for which we may be liable before incurring any costs. We revoke liability for costs you incur before giving us a chance to remedy the matter.

If you are a customer then, without prejudice to other limitations of liability in these Terms, our total liability for your use of our Site is the total amount paid by you for the specific Service.

Auditionist cannot be held liable for delay receipt or non-receipt of messages or payments.

Governing Law

The construction, validity and performance of these Terms shall be governed in all respects by English law and you and us submit to the exclusive jurisdiction of the English courts in respect of any dispute relating to these Terms which also exclude the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated. These Terms constitute the entire agreement between us regarding our Site and our Services, and replaces and supersedes any prior agreements we might have between us regarding the Site or our Services.

General Terms

Headings are for ease of reference only.

Within these Terms and our Privacy Policy, "including" is to be interpreted to mean "including but not limited to".

Provision of our Services shall not create any relationship of agent and principal between you and us and neither you nor us have any power or authority to contract or to bind in the name of the other party.

No provision of these Terms is intended to be enforceable by any person other than you or us.

Any failure by you or us to exercise any remedy or rights under these Terms does not constitute a waiver of that remedy or those rights.

Transfer, assignment or sub-contraction of your rights to any entity or third party must not be done without our prior written or emailed consent.

If you are an account holder we reserve the right, without your consent, but with notice, to sub-contract or transfer any of our obligations stated in these Terms to any entity or third party. If you are a visitor then we reserve the right, without your consent to sub-contract or transfer any of our obligations stated in these Terms to any entity or third party.

Any provision of this Agreement which is held invalid or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective only to the extent of such invalidity or unenforceability and without rendering invalid or unenforceable the remainder of this Agreement or affecting the validity or enforceability of any of the provisions of this Agreement in any other jurisdiction, and the court or tribunal so holding shall be empowered to substitute, to the extent enforceable, provisions similar to said provision, or other provisions, so as to provide to the parties the benefits intended by said provision to the fullest extent permitted by applicable law.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

These Terms constitute the entire agreement between us regarding our Site and our Services, and replaces and supersedes any prior agreements we might have between us regarding the Site or our Services.

Contact Us

If anything is unclear or you have any questions about our Terms, please get in contact at hello@auditionist.com.