PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE SUBSCRIBING OR REQUESTING ANY INFORMATION OR SERVICE FROM US AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
THESE TERMS AND CONDITIONS APPLY TO YOUR USE OF THE CASTING SUITE WEBSITE AND BY ACCESSING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS YOU MAY NOT USE OR ACCESS THIS WEBSITE.
Extras Academy Limited. Registered in England and Wales No. 6955407.
Registered Office:
Extras Academy,
Dalton House,
60 Windsor Avenue,
London,
SW19 2RR
These Terms and Conditions form a legally binding contract between us and you. Your acceptance of the Terms and Conditions is made automatically by you browsing the website and when you register your details for inclusion on the site as a member, and is dated to your first use of the website. If you do not accept the Terms and Conditions, or any part of them, you must stop using the website immediately.
The website and service is owned and operated by The George Media Group. ("The George Media Group", “Extras Academy”, "us", "we" and/or "our").
YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 12.
1. ELIGIBILITY
1.1 By applying to become a Member you warrant and represent to us that:
1.1.1 either you are over 16 years old or, if you are under 16 years old, you have obtained and will provide evidence of a parent or guardian's permission to apply to become a member, and that your parent or guardian will be responsible for ensuring that you abide by these Terms and Conditions; and
1.1.2 you are resident in and are eligible to seek work in the UK.
1.2 If you are not able or not willing to give the warranties and representations set out in clause 1.1 above then you must not apply for membership, and if at any time you no longer satisfy the warranties and representations set out in clause 1.1 above you must immediately notify us and stop using the website.
2. BASIS OF CONTRACT
2.1 When you apply for membership you agree to be bound by these Terms and Conditions for all activities which you carry out, or participate in, on the website, and for all services which the George Media Group may choose to provide to you through the website.
2.2 We reserve the right to change the Terms and Conditions under which the website and any services are offered at any time. Any such change in Terms and Conditions will be effective once reflected in the text of these Terms and Conditions as published on the Website. You should check the Terms and Conditions periodically to ensure that you are aware of and complying with the current version.
2.3 You acknowledge that you do not rely on any representation and/or warranty (whether made by us or any third party, in writing, orally or otherwise) that is not set out in, or made in accordance with, these Terms and Conditions.
2.4 Access to the Website, Membership and all services provided by us to Members are conditional on the payment by you of the annual Membership Fee, details of which are set out in the application form.
2.5 Every 12 or 24 months we shall, not less than one month before the anniversary of the date on which your last Membership Fee was due, notify you that payment of the Membership Fee will be due within 30 days of such notice, together with details of the amount due. The Fee is voluntary. But if you don't pay you will not have full benefit of the membership.
2.6 We shall be entitled at any time in the future to vary the charges for Membership and/or certain goods or services provided through the Website, and we shall notify you in advance of any such variation.
2.7 We shall have the right at our sole discretion to refuse to grant applications for Membership and to terminate Memberships at any time in accordance with Clause 6 below.
3. MEMBER'S OBLIGATIONS
3.1 As a Member you must:
3.1.1 act in accordance with these Terms and Conditions, and our reasonable instructions, at all times;
3.1.2 only Post Information about yourself on the Website; and
3.1.3 ensure that your Member Information on the Website (your Profile) is accurate, true and up to date at all times.
3.2 You must not:
3.2.1 misuse in any way the Website, any services provided through it, or any Information Posted on the Website;
3.2.2 attempt to gain unauthorised access to any Information available on the Website or via any service provided by George Media, or to any of the networks and systems used by George Media in providing the Website and services;
3.2.3 except as otherwise set out in these Terms and Conditions, copy, in whole or in part, any of the content or other Information on the Website (including, but not limited to any Information contained in other Members’ Profiles); and
3.2.4 in any way assign, transfer, part with and/or authorise any other person to use, your Membership.
4. SECURITY
4.1 Your username and password are personal to you and are not transferable. You are responsible for keeping them secure and for any use of the Website or any services by anyone using your username and/or password.
4.2 You should always protect against unauthorised access to your computer, and ensure that you sign off when you finish using a shared computer.
4.3 You must notify us immediately of any apparent breach of security such as loss, theft, or unauthorised disclosure or use of a username or password and in such cases you should immediately amend your password for using the Service.
5. YOUR PROFILE
5.1 You create your Profile when you register as a Member with the Website. We may disclose your Information contained in your Profile to third parties as further detailed in our Privacy Policy. In particular we will make your Profile available to our Clients, and certain Information in your Profile may be available to all Users of the Website.
5.2 You warrant and represent to us that all Information Posted by you in your Profile:
5.2.1 is accurate, true, complete and is not misleading; and
5.2.2 will be regularly updated by you so that it remains accurate, true, complete and not misleading.
5.3 You may use your Profile only to Post Information, photographs and other material that are proper and appropriate and you shall not do any of the following:
5.3.1 publish, Post, distribute or disseminate any material which in our reasonable opinion is sexually explicit, vulgar, indecent, racist, abusive, invasive of another’s privacy, offensive, harmful, inflammatory, sexually suggestive, defamatory and/or obscene;
5.3.2 publish any material which breaches, infringes, violates and/or is contrary to relevant laws, by-laws, statutes and/or regulations or codes of conduct;
5.3.3 defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy or intellectual property rights where applicable) of others;
5.3.4 advertise or offer to sell any goods or services;
5.3.5 upload files that contain software or other material protected by intellectual property laws (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
5.3.6 upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our or another's computer;
5.3.7 delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
5.4 You acknowledge that all of our clients will be able to browse through your profile and view your contact details.
5.5 We may copy, format and/or reproduce any information posted by you on the website in any form and in any manner we wish, including, without limitation, in a hard-copy catalogue to be distributed to our Clients.
5.6 If you choose to post and/or disclose to Customers any confidential or sensitive details about yourself then you do so entirely at your own risk.
5.7 We reserve the right to review your profile from time to time and to amend and/or delete it if we, in our sole discretion, think that it should be amended and/or deleted. We reserve the right to monitor and at our option to remove for any reason any information posted by you.
5.8 You acknowledge that we do not pre-screen any information posted by members, but the George Media Group and our designees shall have the right (but not the obligation) in their sole discretion to remove or relocate any information that is posted on the website that violates the Terms and Conditions or is otherwise objectionable.
5.9 You agree that you must evaluate, and bear all risks associated with, the posting of any information, including any reliance which our clients and third parties may make on the accuracy, completeness, or truthfulness of that information.
6. CANCELLATION / TERMINATION / SUSPENSION
6.1 You may terminate your membership at any time, upon emailing membership.services@extrasacademy.co.uk
6.1a You will only be refunded of your membership fee if cancellation is made within 14 days of signing up / renewing your membership.
6.2 We may terminate your Membership immediately at any time:
6.2.1 without cause, upon giving you notice by email in which case we will refund to you, on a pro rata basis, any Membership Fee paid by you in respect of the unexpired term of your Membership if you request such a refund by email to us within 30 days following receipt of the email terminating your Membership; and/or
6.2.2 in the event that you:
(a) fail to pay the relevant Membership Fee by the due date; or
(b) are in breach of these Terms and Conditions, or we have reasonable grounds to believe that you are in breach of these Terms and Conditions; or
(c) fail to provide us within the time limit reasonably required by us with sufficient information to enable us to determine the accuracy and/or validity of any information provided by you; or
(d) carry out any act or make any omission which is damaging or potentially damaging to our business, other Members or Clients;
in which case you shall not, without our prior written consent, attempt to use the Website, or any Information and/or seek to rejoin as a Member.
6.3 Upon or at any time after termination of your Membership for any reason, we may (but shall not be obliged to) delete your Information from the Website. Your information will continue to be included in any hard-copy catalogue in print (or in the process of being printed) as at the date of termination. If any customer or third party should contact you in response to your Information following termination of your Membership, then you must inform them that you are no longer a Member.
6.4 The agreement between you and us continues for as long as you continue to use the Website, and/or for as long as you remain a Member. Even after termination of the agreement, certain clauses of these Terms and Conditions will continue to apply including clause 6 (Cancellation / Termination / Suspension), clause 8 (Copyright, trade marks and other intellectual property rights), clause 12 (Liability) and any other clauses necessary to interpret or enforce these Terms and Conditions.
7. PERSONAL DATA
7.1 Personal Information collected from you is used in accordance with our Privacy Policy.
8. COPYRIGHT, TRADE MARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS
8.1 You grant to us a perpetual transferable royalty-free licence to use all Information and materials contained in your Profile and otherwise provided by you in connection with the provision of the Website and other publications, and our services.
8.2 You waive absolutely, or agree not to assert, any and all moral right to be identified as author of your Profile and any similar rights in any jurisdiction.
8.3 Trade marks displayed on the Website may be registered and nothing contained in these Terms and Conditions or the Website should be construed as granting any licence or right to use any of the trade marks without our permission. However, copying and printing of those web pages which contain the trade marks is permitted within the scope of the licence contained below.
8.4 You may download to a local hard disk and print extracts from the Website solely for personal, non-commercial use. You may also recopy downloaded extracts to others for their personal, non commercial use.
8.5 Notwithstanding clause 8.4 above, you may not reproduce part or all of the contents of the Website (other than those contents owned by you and licensed to us above) in any form unless it is for personal, non commercial use and provided always that such reproduction or use does not:
8.5.1 relate to the contact details of any other User; or
8.5.2 relate to or involve any attempt or intention to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others.
8.6 You may not copy or otherwise incorporate into or store in any other Website, electronic retrieval system, publication or other work any of the content of the Website in any form (whether hard copy, electronic or other).
8.7 You may not frame or link to the web site or any part of it without our express permission.
9. OUR PROVISION OF THE WEBSITE AND SERVICES
9.1 We do not warrant that the Website, any services, or any elements thereof, will meet your particular requirements, purposes and/or expectations, whether made known to us or not.
9.2 George Media / Extras Academy are/is not an employment agency for the purposes of the Employment Agencies Act 1973 or otherwise, George Media / Extras Academy merely provide a forum through which you can make yourself known to film and television production companies, but we do not actively advise on how to procure such work, or advise film and television production companies on how to find talent.
9.3 Membership does not guarantee you will be offered any opportunities by our Clients.
9.4 We do our best to ensure that the Information in the Website is accurate and helpful at all times. However, we cannot ultimately warrant the accuracy of any Information and cannot be held liable for any use or reliance you may make of or put on it except as specifically agreed with us in any further agreement we may make with you in writing.
9.5 We do our best to ensure that the Website operates properly at all times, but we make no warranties as to the availability or accessibility of the Website to Users, Members, our Clients or any other third parties, and (save as otherwise set out in these Terms and Conditions) we will not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of the Website.
9.6 The Information contained in the FAQ section and elsewhere on the Website is general in nature, and is not intended as a guide to employment an extra, actor, model, dancer or otherwise, and is not a substitute for advice provided by an independent professional experienced and practicing in that area. Members are advised to consult with such an independent professional and keep up-to-date with relevant industry information or changes to the professional's advice. No claims or endorsements are made for any products or services discussed or described on the Website and we disclaim liability for the accuracy of the Information contained therein or any consequences of any use or misuse of it to the fullest extent permitted by law.
9.7 ALL OTHER CONDITIONS OR WARRANTIES NOT SET OUT IN THESE TERMS AND CONDITIONS, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED BY STATUTE, AT COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
10. USE OF THE WEBSITE
10.1 The Website is merely a forum for Members to Post Information about themselves and to allow our Clients to access contact details for those Members if they choose to do so.
10.2 We are not responsible for the legal consequences of you entering into any contracts with our Clients or any other third parties and we do not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you as a result.
10.3 Although George Media take reasonable steps to screen our clients, before entering into any sort of arrangement with a client you should, at your own expense, carry out such investigations as you think are necessary to satisfy yourself of the identity of the individual you are dealing with, and the truth and accuracy of any Information provided by that Client. You should bear in mind at all times that a Client may not be who they claim to be, or that someone could be fraudulently accessing and using a Client account. You should make sure that you are comfortable with the terms of any assignment being offered before entering into any agreement. If you arrange any meetings through your use of the Service then you should take all precautions necessary to ensure your own safety, and ultimately you attend such meetings or assignments at your own risk. If you are under 18 you should be accompanied by a parent or guardian.
10.4 You must notify us immediately if you become aware of any inappropriate behaviour in connection with the Website or any service, including but not limited to any inappropriate content in other Member Profiles, or any inappropriate behaviour by Clients or other third parties.
11. THIRD PARTY WEBSITES
11.1 Any link (be it a hypertext link or other referral device) used on the Website is provided solely for the use and convenience of the User. The link does not represent any endorsement or recommendation by us and does not mean that we have any association with the linked web site. We are not responsible for the content of any Websites that have links with the Website.
12. LIABILITY
12.1 We shall have no liability to you of any nature for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities arising out of your use of the Website and/or your reliance on any information contained on the Website.
12.2 We shall not be liable for any damages, loss, costs or expenses which you may incur as a result of any event beyond our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium).
12.3 We shall not be liable for any damages, loss, costs or expenses which you may incur as a result of the Website or any part of it being unavailable at any time for whatever reason.
12.4 We shall have no liability to you for any:
12.4.1 consequential, special or indirect losses;
12.4.2 economic and/or other similar losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings), save with regard to losses relating to your Membership Fee; or
12.4.3 damage to or loss of goodwill, reputation or data.
12.5 Without prejudice to the foregoing, our total liability to you under and/or arising in relation to the agreement between you and us under these Terms and Conditions shall not exceed the sum of 500% of the Membership Fee paid by you during the year in which the relevant claim arises.
12.6 Nothing within these Terms and Conditions operates so as to exclude, limit or restrict our liability for death or personal injury caused by our negligence or for any other matter in respect of which liability cannot by law be limited.
12.7 Where you deal as a consumer, nothing in the above exclusions affects your statutory rights.
13. GENERAL
13.1 All third party rights are excluded and no third parties shall have any right to enforce these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
13.2 No waiver by us of any breach of these Terms and Conditions shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
13.3 These Terms and Conditions contain the entire agreement between you and us. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
13.4 We may assign all or part of our rights or duties under these Terms and Conditions. You may not do without our prior written consent.
13.5 Unless otherwise stated in these Terms and Conditions all notices in writing shall be sent by email to the most recent email address specified by you on the Website.
13.6 The interpretation, construction, effect and enforceability of this agreement between you and us shall be governed by English Law, and you agree to submit to the exclusive jurisdiction of the English courts for the determination of disputes.
13.7 Headings in these Terms and Conditions are for guidance only and are not binding.
14. GLOSSARY OF DEFINED TERMS
14.1 The following words and phrases are used throughout the Terms and Conditions and have a defined meaning as set out below:
"Client" means a film or television production company or other company or person authorised by us who are entitled to have access to Members' Profiles including Members' contact information;
“Information” includes without limit all content, software, data, text, photographs, graphics, sound and video and other materials;
"Member" means any person who has registered on the Website and whose membership has been accepted by us and whose membership remains valid for the time being (and "Membership" shall be construed accordingly);
"Membership Fee" means the annual membership fee payable by you in relation to your use of the Website as a Member;
"Post" means to display, exhibit, publish, distribute, transmit and/or disclose Information on or in connection with the Website, and the phrases “Posted” and “Posting” shall be constructed accordingly;
"Profile" means the section of the Website containing Information personal to and about you;
"User" means any person who browses the Website; and
"Website" means the website available on the internet at www.extrasacademy.co.uk, or such other site as we may use from time to time providing the same or similar services.