CONDITIONS OF USE
Welcome to our website! Movie Car Casting LLC (“MOVIE CAR CASTING”) and its associates provide their services to you subject to the following conditions. If you visit or participate within this website, you accept these conditions. Please read them carefully.
HOW THE WEBSITE WORKS
The Website can be used to facilitate the listing and booking of your automobile in movies, television programs, parades or other media or activities (each, a “Production”). If you are an owner of an automobile (an “Owner”) who wishes to pay a membership fee to list your automobile or an agent or representative of a Production (“Representatives”) and wish to negotiate with an Owner to book his or her automobile for a Production, you must first register to create a MOVIE CAR CASTING Account. Owners should be aware that paying a membership fee and listing your automobile is intended to elevate your automobile’s visibility to Representatives and other industry participants, however MOVIE CAR CASTING cannot guarantee that you will receive any offers from Representatives.
As stated above, MOVIE CAR CASTING makes available an online platform with related technology for Owners and Representatives to meet online and arrange for bookings of automobiles for Productions directly with each other. MOVIE CAR CASTING is not an Owner or operator of automobiles for Productions, nor is it a provider of automobiles for Productions. Unless explicitly specified otherwise in the MOVIE CAR CASTING platform or in writing by MOVIE CAR CASTING, MOVIE CAR CASTING’s responsibilities are limited to: (i) facilitating the availability of the website and (ii) serving as the intermediary to introduce the Owners and the Representatives.
If you are an Owner, you understand and agree that MOVIE CAR CASTING does not act as an insurer or as your agent. If a Representative desires to book or rent your automobile for a Production, any agreement you enter into with such Representative is between you and the Representative or their company and MOVIE CAR CASTING is not a party and has no responsibility, obligations or liabilities with respect thereto.
MOVIE CAR CASTING recommends that Owners and Representatives (or their Productions or companies) obtain appropriate insurance for the automobiles and the Production. Please review any insurance policy that you may have for your automobile or Production carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Representatives or other agents or employees involved with a Production (and any individuals the Owner allows to use the automobile, if applicable) with your automobile.
PLEASE NOTE THAT, AS STATED ABOVE, THE WEBSITE IS INTENDED TO BE USED TO FACILITATE OWNERS AND REPRESENTATIVES CONNECTING AND BOOKING AUTOMOBILES FOR USE IN PRODUCTIONS DIRECTLY WITH EACH OTHER. MOVIE CAR CASTING CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY AUTOMOBILES. MOVIE CAR CASTING IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND AUTOMOBILES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE OWNER’S OWN RISK.
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
When you visit MOVIE CAR CASTING or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MOVIE CAR CASTING or its content suppliers and protected by international copyright laws. The compilation of all content on this website is the exclusive property of MOVIE CAR CASTING, with copyright authorship for this collection by MOVIE CAR CASTING, and protected by international copyright laws.
MOVIE CAR CASTING’s trademarks and trade dress may not be used in connection with any product or service that is not MOVIE CAR CASTING’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MOVIE CAR CASTING. All other trademarks not owned by MOVIE CAR CASTING or its subsidiaries that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MOVIE CAR CASTING or its subsidiaries.
LICENSE AND WEBSITE ACCESS
MOVIE CAR CASTING grants you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MOVIE CAR CASTING. This license does not include any resale or commercial use of this website or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this website or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MOVIE CAR CASTING. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MOVIE CAR CASTING and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing MOVIE CAR CASTING’s name or trademarks without the express written consent of MOVIE CAR CASTING. Any unauthorized use terminates the permission or license granted by MOVIE CAR CASTING. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MOVIE CAR CASTING so long as the link does not portray MOVIE CAR CASTING, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MOVIE CAR CASTING logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. MOVIE CAR CASTING and its associates reserve the right to refuse service, terminate accounts or remove or edit content in their sole discretion.
By submitting ads, content, photos, data or other materials (“Materials”) to the website, you hereby grant to MOVIE CAR CASTING and its Affiliates a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sublicensable right and license to copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future. You further grant to MOVIE CAR CASTING and its Affiliates a royalty-free right and license to use your name, image and likeness in connection with the reproduction or distribution of the Materials.
This website may offer message boards, bulletin boards, chat rooms or other forums (collectively, “Forums”) to give Users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. MOVIE CAR CASTING and its Affiliates do not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment, and be respectful of other individuals using these Forums. By posting a message in the Forum, you agree to abide by these Terms of Service. You may not use the website’s Forums to engage in any Prohibited Activities (as defined below). Uploading copyrighted or other proprietary Material of any kind on the website without the express permission of the owner of that Material is prohibited and may result in civil and/or criminal liability.
Given the nature of the website and the volume of messages and postings, MOVIE CAR CASTING cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information providers. MOVIE CAR CASTING reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Materials without notice, at any time for any reason. By using the website, you expressly agree that MOVIE CAR CASTING (a) will not be liable to any claims, actions or judgments arising out of or related to any Materials and (b) may monitor, refuse to publish, remove, delete, move or edit any Materials without notice at any time for any reason, without liability and without providing a refund.
You hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit the Materials to the website, (b) the Materials do not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and (c) the Materials do not and will not violate any applicable law or regulation including, but not limited to, any automobile advertising laws or regulations, or cause injury to any person. You agree to release, defend, indemnify and hold MOVIE CAR CASTING, its Affiliates, the Licensors, and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys’ fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Materials you provide, (ii) your use of the website, (iii) your breach of these Terms of Service or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.
The following is a partial list of the kinds of activities that are prohibited on or through the website: (a) submitting Material that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Material that could be harmful to minors; (c) engaging in activity or submitting Material that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” to MOVIE CAR CASTING Users or others; (e) engaging in activity or submitting Material, or promoting information, that is fraudulent, false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Material that contains restricted or password-only access pages, or hidden pages or images; (g) submitting Material that displays pornographic or sexually explicit material of any kind; (h) submitting Material that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other Users; (j) engaging in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes; (k) using the website’s lead forms and/or toll-free numbers to advertise or promote products and services to MOVIE CAR CASTING advertisers; (l) using any robot, spider or other automatic device, or a manual process, to monitor or copy web pages or the Content contained in the website or for any other unauthorized purpose without our prior expressed written permission; (m) using any device, software or routine to interfere or attempt to interfere with the proper working of the website; (n) decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code for the Software; or (o) taking any action that imposes an unreasonable or disproportionately large load on MOVIE CAR CASTING’s hardware and software infrastructure (collectively, “Prohibited Activities”).
Owners are responsible for the descriptions and pictures of their automobiles. MOVIE CAR CASTING and its associates encourage Owners to be as accurate as possible. However, MOVIE CAR CASTING does not warrant that automobile descriptions or other content of this website is accurate, complete, reliable, current, or error-free.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. MOVIE CAR CASTING, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE WEBSITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE WEBSITE, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE LISTING SERVICE ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND MOVIE CAR CASTING, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. ALL INFORMATION RELATED TO AUTOMOBILES AVAILABLE ON THIS WEBSITE IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. MOVIE CAR CASTING AND THE AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY AUTOMOBILE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE AUTOMOBILE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT AN AUTOMOBILE LISTED ON THE WEBSITE. MOVIE CAR CASTING CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. MOVIE CAR CASTING RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE WEBSITE OR IN THE CONTENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
LIMITATION OF LIABILITY
MOVIE CAR CASTING, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE WEBSITE, THE SOFTWARE, CONTENT, THE MATERIALS, THE LISTING SERVICE, THESE TERMS OF SERVICE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF MOVIE CAR CASTING, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM EXCEED FIFTY DOLLARS ($50). FOR PURPOSES OF THIS LIMITATION OF LIABILITY, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to you.
TERMINATION OF SERVICE.
You understand and agree that in MOVIE CAR CASTING’s sole discretion, and without prior notice, your access to this website may be terminated or suspended, and MOVIE CAR CASTING may exercise any other remedy available and remove any Materials, if MOVIE CAR CASTING believes that your use of the website and/or any Materials you provide (a) violate (i) these Terms of Service, (ii) the rights of MOVIE CAR CASTING, any Affiliate or Licensor, or another User of the website, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to MOVIE CAR CASTING for violations of these Terms of Service, and you consent to injunctive or other equitable relief for such violations without the requirement that MOVIE CAR CASTING post a bond. MOVIE CAR CASTING is not required to provide any refund to you if you are terminated as an authorized User of the website because, in MOVIE CAR CASTING’s sole discretion, you have violated these Terms of Service.
These Terms of Service may be changed at any time and you will be notified of any such changes by an updated posting of the new Terms of Service on this page of the website. Your continued use of the website after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. MOVIE CAR CASTING may modify, suspend, discontinue or restrict the use of any portion of the website without notice or liability. This website includes links to other websites not established or supervised by MOVIE CAR CASTING or any Affiliate. MOVIE CAR CASTING and its Affiliates do not endorse, sponsor or guarantee these linked websites and are not responsible in any way for any advice, content, information, practices, products or services related to or made available through such linked websites. These Terms of Service will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the website must be exclusively filed in the federal or state courts located in Boston, Massachusetts, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in Boston, Massachusetts, and waive any objection based on forum non conveniens. As a condition of using this website, you agree that all causes of action arising out of or connected with this website shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by MOVIE CAR CASTING to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. This Terms of Service constitutes the entire agreement between the parties regarding the subject matter hereof. Neither this Terms of Service, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties.