CIT may restrict, suspend or terminate the Membership of any User who violates these Terms or otherwise abuses or misuses the Services without warning. Such restriction, suspension, or termination, shall be effective immediately or as specified in any notice. In the event that CIT restricts, suspends or terminates your Membership, no refund or credit of any Membership or other fees or exchange of the Services will be offered, except in our sole discretion. If a User whose account has been restricted, suspended or terminated has re-registered or attempts to have re-registered with CIT (including under a new name) that User may be permanently barred from the Services without recourse.

CIT has adopted a policy of terminating accounts of Users (or blocking any associated IP address) and permanently barring without recourse any User who, in CN’s sole discretion, falsely represents that it is an Authorized Representative, Talent Representative, casting director or other Industry Professional, or any User who provides information that is false or misleading.

CIT may also cancel your account (Subscription Membership or any other type of account) at any time for any of the Services for any reason. If CIT cancels your month-to-month membership, prepaid membership or other paid account, you will receive a refund for any months that are not completely used. The amount of such a refund will be calculated by multiplying the monthly rate by the number of months remaining on the account. If CIT cancels during a month that has been partially used, it will nonetheless refund the full amount you paid for that month.

Membership Security and Unauthorized Use

You are fully responsible for all activities conducted through your Membership (including complying with these Terms). During the registration process you will also be asked to choose a password. You are entirely responsible for maintaining the security of your password. You must try to choose a strong and secure password and keep your password confidential.

You may not use another Member’s account or password at any time, let an unauthorized third party access your account or use your Membership, or disclose your password information to any unauthorized third party. You agree to notify us immediately if you suspect any unauthorized use of your Membership or access to your account or password. You will be liable for our losses or the losses of others as a result of such unauthorized use until such time as you terminate your Membership or prove that your account security was compromised due to no fault of your own.

Fees and Billing Information

If you purchase any of our paid Services, on either a one-time monthly basis or recurring monthly billing subscription basis, you agree that CIT (and its authorized service providers) may store your payment card information. CIT will bill you the appropriate fee, applicable taxes and any other disclosed charges for the Services (“Fees”) using the billing information provided by you (“Billing Information”). You agree to pay CIT all Fees at the prices then in effect for your use of the Services using your Billing Information, and you authorize CIT to charge your Payment Provider (“Payment Method”) for the Fees associated with the Services selected. All subscriptions longer than one month will automatically renew at our monthly subscription rate and are billed on a monthly basis and are subject to our Subscription Terms, below and presented as agreed at the time of signup. The terms of your Payment Method may be determined by agreements between you and the financial institution, debit/credit card issuer or other provider of your chosen Payment Method (the “Payment Provider”), which may include additional fees, including foreign transaction fees. If CIT does not receive payment from your Payment Provider, you agree to pay all amounts due on your account upon demand. In the event we have to collect unpaid Fees owed, you will be liable for any collection costs and fees (including reasonable attorneys’ fees). Note that for Services purchased by another party for your account (e.g., by your Talent Representative), the party paying for the Services is responsible for making prompt payment and failure to do so may result in termination of your Membership. All Fees are in US Dollars, unless otherwise indicated, and do not include Internet service provider, telephone, or other connection charges, if any, that are billed by third parties. Depending upon your credit card’s currency and the country in which your card was issued, your credit card provider may impose foreign exchange fees and other fees in accordance with your arrangements with that credit card provider. If you choose a subscription Membership, the Membership will continue on a continuous basis until canceled, as described below. You agree that CIT is authorized to bill you each month using the Payment Method provided.

Subscription Memberships & Cancellation by You

YOU HAVE THE RIGHT TO CANCEL YOUR PREPAID MEMBERSHIPS OR ANY OTHER ACCOUNTS AND OBTAIN A FULL REFUND FOR ANY AMOUNT PAID WITHIN 10 DAYS OF INITIAL PURCHASE. FOR MONTH-TO-MONTH MEMBERSHIPS, YOU MAY OBTAIN A FULL REFUND FOR ANY AMOUNT PAID WITHIN 24 HOURS OF INITIAL PURCHASE.

After the cancellation period, you may also cancel your account at any time for any of the Services. If you cancel a month-to-month, pre-paid semi-annual or annual subscription, you will avoid future charges but partial months are not refunded. For more information on your Subscription Membership and to cancel your Membership or other account at any point during your subscription term or otherwise, you can contact us at https://support.castingnetworks.com/hc/en-us/requests/new. We will cancel your account as soon as possible after resolving any outstanding account issues and in accordance with applicable law.

Cancelling by email:

talent@castitsystems.com
(type "notice of cancellation" in subject line")

Cancelling online:

Login to your profile. Click on "Account" on the upper right hand side of the profile. Click on "Cancel Account" on the right hand side. Click on the "Confirm" button on the bottom of the page.

These Terms shall be governed, construed, and enforced in accordance with the laws of the state where the Talent resides, as determined by the address on file with CN, without regard to its conflict of laws rules except that the arbitration provision shall be governed by the Federal Arbitration Act as stated herein.

In the event a dispute arises between you and CN we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute through arbitration. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim (as defined below) and setting forth the specific relief sought. All Notices of Dispute with CN shall be sent to the following address: Casting Networks, LLC, Attn: Dispute Resolution, 3250 Wilshire Blvd Ste. 1800, Los Angeles, CA 90010 USA.

All notices to Users will be sent to the email or street address provided in the User’s account. Upon receipt of such Notice of Dispute, the other party shall have a 60-day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the Notice of Dispute, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such 60-day cure period, you or CN may commence an arbitration proceeding in accordance with the following procedure. This notice requirement is a condition precedent to any arbitration proceeding, as described below.

Arbitration and Class Action Waiver

YOU AND CN AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, CONNECTED WITH OR RELATING TO THESE TERMS, ANY CONTRACT, TORT, MISREPRESENTATION, FRAUD OR OTHER LEGAL THEORY OR CAUSE OF ACTION, STATUTE, OR OTHERWISE RELATING TO THE SERVICES (“CLAIMS”) WHICH CANNOT BE SETTLED BY MUTUAL AGREEMENT OF THE PARTIES, SHALL BE RESOLVED BY ONE ARBITRATOR THROUGH BINDING ARBITRATION. HOWEVER, YOU OR CN MAY BRING ANY CLAIM IN SMALL CLAIMS COURT CONSISTENT WITH THE APPLICABLE JURISDICTIONAL LIMITS. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE BROADLY INTERPRETED. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, JUST AS A COURT WOULD, THE ARBITRATOR MUST HONOR THESE TERMS. THE ARBITRATOR’S DECISION AND AWARD IS FINAL AND BINDING, WITH SOME EXCEPTIONS UNDER THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1, ET SEQ., AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION. BY AGREEING TO THESE TERMS, YOU AND CN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.

Any Claim must be brought in the parties’ individual capacity in arbitration, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. YOU AND CN UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, BY AGREEING TO THESE TERMS AND USING THE SERVICES YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY THROUGH ARBITRATION. IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH ABOVE CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY. If for any reason a claim proceeds in court rather than through arbitration, you and CN agree that there will not be a jury trial. You and CN unconditionally waive any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Terms in any way. In the event of litigation, this paragraph may be filed to show a written consent to a trial by the court.

JAMS

Unless otherwise agreed to by you and CN in writing or for individual claims brought by you or CN in small claims court, the arbitration will be governed and conducted by JAMS before a single arbitrator from JAMS, or another established alternative dispute resolution (“ADR”) provider, chosen by CN, who is licensed to practice law. The arbitration proceeding will be located in Los Angeles, California, and for any non-frivolous demand, CN will: (1) pay the costs of the arbitration up to $10,000; (2) if you prefer will conduct the arbitration by telephone, and (3) will not seek attorney’s fees in the event CN prevails. Each party shall pay the fees and costs of its own counsel, experts and witnesses (as applicable) and will be conducted in accordance with JAMS rules. The JAMS rules, including the selection of an arbitrator, filing, administration, discovery and arbitrator fees will be conducted under the JAMS Comprehensive Arbitration Rules & Procedures, except as modified by these Terms or otherwise agreed to by you and CN in writing. The JAMS rules are available on its website at www.jamsadr.com . To the extent that this Dispute Resolution section conflicts with JAMS’s minimum standards for procedural fairness, the JAMS’ rules and/or minimum standards for arbitration procedures in that regard shall control. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or for the arbitrator’s award; and any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, or enforceability of these Terms including any claim that all or any part of these Terms are void or voidable. However, the preceding sentence shall not apply to the clause in this Dispute Resolution provision regarding the Class Action waiver.

Exception

Any claim or action for (i) indemnification, (ii) any violation of CN intellectual property rights, (iii) contribution, (iv) interpleader, or (v) injunctive relief arising out of a Claim shall not be subject to arbitration.

Survival

This arbitration provision shall survive termination of these Terms, including the termination of any relationship between you and CN.

Severability

If any provision of this Section is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable except that should the provision on class action waiver for any Claim be found to be unenforceable by a court of law, then the provision to arbitrate will not apply.