Terms of Use

Last updated March 21, 2023

Terms of Use

  1. Your Acceptance

    BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the CASTINGFRONTIER.COM domain name, the “CASTING FRONTIER Website”, or “Website”), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the “Terms of Service”) AND THE TERMS AND CONDITIONS OF CASTING FRONTIER’S PRIVACY POLICY, WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use or sign up to Casting Frontier’s Digital Casting Profile.

  2. Casting Frontier Website

    These Terms of Service apply to all users of Casting Frontier’s Website, including users who are also contributors of photographs, video content, information, and other materials or services on the Website. Casting Frontier Website may contain links to third party videos, photographs and material that are not owned or controlled by Casting Frontier. Casting Frontier has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party contents or websites. In addition, Casting Frontier will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Casting Frontier from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave Casting Frontier Website and to read the terms and conditions and privacy policy of each other website that you visit.

  3. Website Access

    Casting Frontier hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for commercial use; (ii) you will not copy or distribute any part of the Website in any medium without Casting Frontier’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

    In order to access some features of the Website, you will have to create a Digital Casting Profile. You will not be charged any fees for the creation of a Digital Casting Profile. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account. You must notify Casting Frontier immediately of any breach of security or unauthorized use of your account. Although Casting Frontier will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Casting Frontier or others due to such unauthorized use.

    You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to Casting Frontier servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Casting Frontier reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

    Our Services are available in the United States and intended for use by account holders located in the United States only. We do not represent or warrant that our Services are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit access to our Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. By using our Services and submitting any personal information, you consent to the transfer of personal information to other countries, which may provide a level of data security different from your country of residence. You are also consenting to the application of United States law in all matters concerning the Services.

  4. Intellectual Property Rights

    The content on Casting Frontier Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Casting Frontier, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Casting Frontier reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of Casting Frontier’s Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Casting Frontier Website or the Content therein.

  5. User Submissions

    The Casting Frontier Website may now or in the future permit the submission of videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Casting Frontier does not guarantee any confidentiality with respect to any submissions. Casting Frontier website is available to those businesses who choose to use the uploading service. Those users may choose to share uploaded content with their peers or clients. In order to view uploaded content the end user must first enter a user name and password. Casting Frontier assumes no responsibility for the misuse of an uploaded file nor can guarantee the security of the files or folders a user publishes.

    You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Casting Frontier to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. You also hereby grant each user of Casting Frontier Website a non-exclusive license to access your User Submissions through the pass word protected Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove, request to remove or delete a User Submission from Casting Frontier’s Website.

    In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Casting Frontier all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Casting Frontier or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Casting Frontier does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Casting Frontier expressly disclaims any and all liability in connection with User Submissions. Casting Frontier does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Casting Frontier will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Casting Frontier reserves the right to remove Content and User Submissions without prior notice. Casting Frontier will also terminate a User’s access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Casting Frontier also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Casting Frontier may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

    In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
    4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
    5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

    You understand that when using the Casting Frontier Website, you will be exposed to User Submissions from a variety of sources, and that Casting Frontier is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Casting Frontier with respect thereto, and agree to indemnify and hold Casting Frontier, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

    It is not a requirement that you have a Digital Casting Profile on Casting Frontier to be considered for commercial work and you may cancel it any time. Your Digital Casting Profile is free of charge. Your Digital Casting Profile will remain active for as long as you choose and the information shared or uploaded will remain subject to these Terms Of Use. Any dispute may be addressed in writing to Casting Frontier, 3250 Wilshire Blvd Ste. 1800, Los Angeles, CA 90010 USA.

  6. Warranty Disclaimer

    YOU AGREE THAT YOUR USE OF THE CASTING FRONTIER WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CASTING FRONTIER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. CASTING FRONTIER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CASTING FRONTIER WEBSITE. CASTING FRONTIER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH CASTING FRONTIER’S WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CASTING FRONTIER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

  7. Limitation of Liability

    IN NO EVENT SHALL CASTING FRONTIER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA CASTING FRONTIER WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    YOU SPECIFICALLY ACKNOWLEDGE THAT CASTING FRONTIER SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

    The Website is controlled and offered by Casting Frontier from its facilities in the United States of America. Casting Frontier makes no representations that the Casting Frontier Website is appropriate or available for use in other locations. Those who access or use Casting Frontier Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. Foreign talent who reside in the U.S. must have a Valid Work Permit. Non residents are not eligible.

  8. Indemnity

    You agree to defend, indemnify and hold harmless Casting Frontier, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to Casting Frontier Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of Casting Frontier’s Website.

  9. Ability to Accept Terms of Service

    You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

  10. Assignment

    These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Casting Frontier without restriction.

  11. General

    You agree that: (i) Casting Frontier Website shall be deemed solely based in California; and (ii) Casting Frontier Website shall be deemed a passive website that does not give rise to personal jurisdiction over Casting Frontier, either specific or general, in jurisdictions other than California. These Terms of Service, together with any other legal notices published by Casting Frontier on the Website, shall constitute the entire agreement between you and Casting Frontier concerning Casting Frontier Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Casting Frontier’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Casting Frontier reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of Casting Frontier Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND CASTING FRONTIER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO CASTING FRONTIER WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

    In the event that you choose to pay for a premium or premium plus subscription with Casting Frontier, you may be presented with additional terms at the time of payment. You will be given an opportunity to accept or reject these terms. Additional terms will include terms similar to the follow following:

    CASTING FRONTIER IS A TALENT LISTING SERVICE. THIS IS NOT A TALENT AGENCY CONTRACT. ONLY A TALENT AGENT LICENSED PURSUANT TO SECTION 1700.5 OF THE LABOR CODE MAY ENGAGE IN THE OCCUPATION OF PROCURING, If you wish to have your personal information removed from the Casting Frontier website please provide written notice requesting data removal and your data will be removed within 10 days of receipt of this request. All requests need to be provided in writing and sent to one of the following addresses: 3250 Wilshire Blvd Ste. 1800, Los Angeles, CA 90010 USA or by email to support@castingfrontier.com. If you are a minor all notices pertaining to the removal of data must come from your parent or legal guardian.OFFERING, PROMISING, OR ATTEMPTING TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR AN ARTIST. CASTING IS PROHIBITED BY LAW FROM OFFERING OR ATTEMPTING TO OBTAIN AUDITIONS OR EMPLOYMENT FOR YOU. IT MAY ONLY PROVIDE YOU WITH LISTING INFORMATION. FOR MORE INFORMATION, CONSULT CHAPTER 4.5 (COMMENCING WITH SECTION 1701) OF PART 6 OF DIVISION 2 OF THE LABOR CODE. A DISPUTE ARISING OUT OF THE PERFORMANCE OF THE CONTRACT BY THE TALENT SERVICE THAT IS NOT RESOLVED TO THE SATISFACTION OF THE ARTIST SHOULD BE REFERRED TO A LOCAL CONSUMER AFFAIRS DEPARTMENT OR LOCAL LAW ENFORCEMENT, AS APPROPRIATE.

    AUTOMATIC RENEWAL: We (or our third party payment processor) will begin billing your designated payment method on a recurring basis for your Premium or Premium Plus Membership (plus any applicable taxes and other charges) for as long as your Premium or Premium Plus Membership continues. All Memberships renew automatically for monthly, 6 (six) months or 1 (one) year periods, depending on the type of membership purchased, until you cancel.

    AUTOMATIC RENEWAL FOR TRIAL PERIODS: Once your free trial ends, we (or our third party payment processor) will begin billing your designated payment method on a recurring basis for your Premium or Premium Plus Membership (plus any applicable taxes and other charges) for as long as your Premium or Premium Plus Membership continues, unless you cancel your Membership prior to the end of your free trial.

    CANCELLATION POLICY: You may cancel your Premium or Premium Plus Membership at any time prior to the end of the trial period by emailing us at billing@castingfrontier.com. Please note that you may not receive a notice from us that your free trial has ended or that the paid portion of your subscription has begun. We reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion.

    YOUR RIGHT TO CANCEL

    (enter date of transaction)

    You may cancel this contract and obtain a full refund, without any penalty or obligation, if notice of cancellation is given, in writing, within 10 business days from the above date or the date on which you commence utilizing the services under the contract, whichever is longer. For month-to-month subscriptions, you may obtain a full refund for any amount paid within 48 hours of initial purpose. For purposes of this section, business days are Monday through Friday. To cancel this contract, mail or deliver or send by facsimile transmission a signed and dated copy of the following cancellation notice or any other written notice of cancellation to Casting Frontier at 3250 Wilshire Blvd Ste. 1800, Los Angeles, CA 90010 USA NOT LATER THAN MIDNIGHT OF (date). If the contract was executed in part or in whole through the Internet, you may cancel the contract by sending the notification to: billing@castingfrontier.com.

    CANCELLATION NOTICE

    I hereby cancel this contract.

    Dated:

    Artist Signature.

    If you cancel, all fees you have paid will be refunded prorated for the days not used to you within 10 business days after delivery of the cancellation notice to the talent service.

    Personal information removal:

  12. Dispute Resolution

    Governing Law

    These Terms shall be governed, construed, and enforced in accordance with the laws of the state where the Talent resides,  without regard to its conflict of laws rules.

    Notice of Claims

    In the event a dispute arises between you and Casting Frontier 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 Casting Frontier shall be sent to the following address: Casting Frontier, 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 Casting Frontier 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 CASTING FRONTIER 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 CASTING FRONTIER 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 CASTING FRONTIER 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 CASTING FRONTIER 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 Casting Frontier agree that there will not be a jury trial. You and Casting Frontier 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 Casting Frontier in writing or for individual claims brought by you or Casting Frontier 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 Casting Frontier, who is licensed to practice law. The arbitration proceeding will be located in Los Angeles, California, and for any non-frivolous demand, Casting Frontier 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 Casting Frontier 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 Casting Frontier 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 Casting Frontier 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 Casting Frontier.

    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.

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