Terms of Service | The Castability App

Castability LLC
Terms of Use
Last Updated: November 2024

Introduction and Acceptance of Terms of Use
Application Content and Premium Services
Proprietary Rights
User Provided Content
Limited License
Restrictions on Use
Copyright Notices/Complaints
User Accounts
Additional Terms
Entire Agreement
Equipment and Internet Access
No Oral Agreements or Modifications
Dispute Resolution
Governing Law, Jurisdiction, and Venue
Recovery of Fees
Limitations of Liability
Indemnity
Disclaimers of Warranty
Contact Information
Electronic Communications
Prohibition on AI-Generated Content and Interaction

1. Introduction and Acceptance of Terms of Use

By using the Castability app, website, or social media pages, you agree to these Terms of Use. Castability provides a simulated audition environment for actors, aiming to support their career development through data insights. Please note that Castability is not an audition or employment service and does not guarantee work opportunities.

You affirm that you are over 18 years old or otherwise legally able to enter into these terms. If you are under 18, you may not use Castability. For questions about data collection for minors, please contact us at admin@castability.actor.

Castability reserves the right to revise these Terms of Use at any time. Changes will take effect upon posting. Your continued use after such updates indicates acceptance of the revised terms.

2. Application Content and Premium Services

Castability offers both free and paid services ("Premium Services"). All content (e.g., text, images, videos) accessible on or through Castability, including interactions between users and casting professionals, is provided for informational purposes only. Castability is not responsible for transactions or agreements made between users or any employment-related decisions.

3. Proprietary Rights

All materials within the Castability app, website, and related services, including proprietary trademarks, copyrighted materials, and trade secrets, are owned by Castability LLC or its licensors. Use of this content for any commercial purposes without permission is strictly prohibited.

4. User Provided Content

Users may upload personal content (e.g., videos, text) onto Castability. You agree to provide only content that you own or have rights to. By uploading content, you grant Castability a perpetual, royalty-free license to use, display, and distribute this content for any purpose. Castability may monitor or remove content at its discretion to ensure compliance with these terms.

5. Limited License

Castability grants you a non-exclusive, non-transferable, revocable license to use the app for personal purposes only. Unauthorized copying, distribution, or commercial use of Castability content is prohibited and may lead to account suspension or legal action.

6. Restrictions on Use

You agree not to engage in prohibited activities, including but not limited to: uploading harmful or offensive content (including nudity, visible weapons, or profanity outside of scripted words), impersonating others, soliciting personal information, or exploiting the app for unauthorized commercial activities.

7. Copyright Notices/Complaints

Castability respects intellectual property rights. If you believe any content on the app infringes your copyrights, please send a notice in accordance with the Digital Millennium Copyright Act (DMCA) to admin@castability.actor.

8. User Accounts

Creating an account is required to access most services. You are responsible for the accuracy and authenticity of information provided and for maintaining the confidentiality of your account details. Unauthorized use of your account may result in immediate termination without a refund.

9. Additional Terms

Certain features or services on Castability may have additional terms. If any conflict exists, the additional terms will govern. Castability may change or discontinue features at any time without notice.

10. Entire Agreement

These Terms, along with our Privacy Policy, form the entire agreement between you and Castability. If any part of these Terms is deemed invalid, the remaining provisions will continue in effect.

11. Equipment and Internet Access

You are responsible for any devices, internet access, or related charges required to use the Castability app.

12. No Oral Agreements or Modifications

All changes to these Terms must be in writing and signed by an authorized Castability representative. No oral agreements are binding.

13. Dispute Resolution

Binding Arbitration: Any disputes will be resolved through arbitration rather than in court, per the American Arbitration Association’s rules. Arbitration will be conducted in Los Angeles, CA, unless otherwise agreed.

Class Action Waiver: You agree that any claims against Castability will be on an individual basis. No class actions or representative claims are permitted.

14. Governing Law, Jurisdiction, and Venue

These Terms are governed by California law. If arbitration is deemed invalid, you agree to resolve any disputes in California courts.

15. Recovery of Fees

In the event Castability must enforce these Terms, you agree to reimburse Castability for all legal fees and expenses incurred.

16. Limitations of Liability

Castability and its affiliates will not be liable for indirect or incidental damages arising from your use of the app. Our liability will not exceed the amount you paid in the past 12 months, or $25 if no fees were paid.

17. Indemnity

You agree to indemnify and hold Castability and its affiliates harmless from any claims or damages arising from your use of the app, including any content you post.

18. Disclaimers of Warranty

The app is provided "as-is" without warranties of any kind, whether express or implied. Castability does not guarantee uninterrupted access, security, or error-free operation of the app.

19. Contact Information

For questions about these Terms, email admin@castability.actor.

20. Electronic Communications

By using Castability, you consent to receive electronic communications from us. All communications, including legal notices, will be sent via email or posted on the app.

21. Prohibition on AI-Generated Content and Interaction

At Castability, we value authenticity and are committed to maintaining the integrity of user-submitted content. To ensure a genuine experience for all, we strictly prohibit the use of AI-generated content and AI interactions in connection with our services as follows:

Prohibition of AI-Generated Profiles, Photos, Videos, and Content
- Users may not submit content created or modified by artificial intelligence, including but not limited to profiles, photos, videos, or text generated or altered by AI. This includes, but is not limited to, deepfakes, AI-generated profile images, and synthetic media.
Prohibition of AI Testing and Experimentation
- The Castability platform is not a testing ground for AI technologies. Users, organizations, or individuals are prohibited from uploading, testing or experimenting with AI-driven content within the Castability app, website, or social media pages.
Protection of Actor, User, and Curator Likenesses
- The likeness, name, image, and other personal attributes of Castability actors, users, members, and casting curators may not be used or replicated by AI or in AI-generated content.
Prohibition on Use of Castability Proprietary Materials by AI
- Castability's original content, including scripts, prompts, marketing language, and branding, may not be used by or inputted into AI systems. This restriction applies to all Castability content across platforms, including social media, website, podcasts, and emails.
Protection of Scoring and Decision Patterns
- Users and third parties are prohibited from analyzing or replicating the scoring, decision-making patterns, or feedback processes of Castability casting curators for AI training or modeling purposes.
Prohibition on AI Training, Data Mining, and Cloning
- Castability’s data, interactions, and user-provided content may not be used for AI training, data mining, or cloning. Unauthorized use of our platform or content for AI purposes will result in legal action.
Legal Enforcement and Penalties
- Violations of these AI restrictions may result in immediate suspension or termination of access to Castability, with no refund. Castability reserves the right to pursue legal remedies, including damages, injunctive relief, and punitive action.

Acknowledgment of AI-Use Restrictions
By using Castability, you acknowledge and agree to these AI restrictions. Any attempt to bypass these policies will be treated as a serious violation, with potential legal consequences.

SUGGESTION FOR “OUR POLICIES ON A.I.” LINK

PLACED BELOW TERMS OF USE IN PROFILE CREATION

Our Stance on AI

At Castability, we are deeply committed to fostering a platform that prioritizes authenticity, human creativity, and fairness in the entertainment industry. To protect our users and maintain the integrity of our platform, we have strict policies in place regarding the use of artificial intelligence (AI). The following outlines our official stance on AI-related content and usage within Castability:

1. Prohibition on AI-Generated Content and Interaction

To ensure a genuine experience, Castability strictly prohibits the use of AI-generated or AI-altered content on our platform. This includes, but is not limited to:

AI-Generated Profiles, Photos, Videos, and Content: Users are prohibited from submitting any content created or modified by artificial intelligence. This restriction applies to profiles, photos, videos, and text, including deepfakes, AI-generated profile images, and synthetic media.
AI Testing and Experimentation: Castability is not a testing platform for AI technologies. Users, organizations, and individuals are prohibited from uploading, testing, or experimenting with AI-driven content on Castability, whether on our app, website, or social media platforms.

2. Protection of Actor, User, and Curator Likenesses

The likeness, name, image, and other personal attributes of actors, users, and casting curators on Castability may not be used or replicated by AI. AI-generated content that attempts to recreate or misuse these attributes is strictly forbidden.

3. Prohibition on the Use of Castability Proprietary Materials by AI

Castability’s proprietary materials, including scripts, prompts, marketing language, and branding, may not be inputted into or used by any AI system. This prohibition extends to all content across Castability’s platforms, including social media, website content, podcasts, and emails.

4. Protection of Scoring and Decision Patterns

Users and third parties are prohibited from analyzing or attempting to replicate the scoring, decision-making patterns, or feedback processes of Castability casting curators for AI training, modeling, or other uses.

5. Prohibition on AI Training, Data Mining, and Cloning

Castability strictly prohibits the use of its data, interactions, and user-provided content for AI training, data mining, or cloning. Any unauthorized attempt to use our platform or its content for AI purposes will result in immediate suspension or termination of access and may lead to legal action.

6. Legal Enforcement and Penalties

Violations of these AI restrictions may result in the immediate suspension or permanent termination of your Castability account, without refund. Castability reserves the right to pursue legal remedies, including but not limited to injunctive relief, damages, and punitive action, for any violations of these policies.

7. Acknowledgment of AI-Use Restrictions

By using Castability, you acknowledge and agree to abide by these AI restrictions. Any attempt to bypass these policies will be treated as a serious violation and will be subject to legal consequences.

8. Statement on the Use of Uploaded Content for AI Purposes

Castability is committed to protecting the content you upload to our platform. We will never use any content uploaded to Castability—including videos, photos, and personal information—for AI training, data mining, or AI-driven purposes. Your uploaded content will only be used for the purposes outlined in our Terms of Service, and no content will be used in any capacity to develop, train, or improve AI systems.

Any attempts to use Castability for AI-related purposes, or to submit AI-generated content, are strictly prohibited and will result in the termination of access to our platform, alongside potential legal action.

QUESTIONS

Terms of Service, Clause 5. What about actors using their tapes on Breakdown Services and/or social media? What wording do we want to use to allow them to share their work on specific platforms?

Terms of Service, Clause 21, Part 5. Is everything on the app copyrighted? Like our process, language, and how we use the archetypes to score people? How are we protecting our process of data analysis? (In addition to AI training - meaning others cannot steal or replicate our idea/process)

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