Acme Casting, LLC
Terms and Conditions of Use
Terms and Conditions of Use
Acme Casting, LLC ("Acme Casting") has created the RealityWanted.com website as a means through which representatives and/or agents of casting entities, including, but not limited to, casting directors, casting associates and/or casting producers ("Casting Professionals") might identify individuals that are members of the RealityWanted.com website ("Members") and who are interested in being cast in the reality, documentary, experiential, game show and talk show entertainment genre. Additionally, Acme Casting has created the RealityWanted.com website as a means through which Members might gain exposure to Casting Professionals in the most efficient way possible. RealityWanted.com is owned and operated by Acme Casting, with offices located at 1601 North Sepulveda Boulevard, Suite 360, Manhattan Beach, California 90266.
RealityWanted reserves the right to change, suspend or discontinue at any time any of the services it offers.
Use of RealityWanted by individuals under the age of 18 is strictly prohibited. User represents that he or she has reached the age of majority (i.e., is no less than 18 years of age) at the time of registration with RealityWanted. Upon completion of the website's registration process, User will be permitted complete access to components of the RealityWanted website that are not accessible to the general public.
Criteria for registration are set forth on the RealityWanted website. Such criteria are subject to modification without notice.
User registration with RealityWanted is non-transferable and non-assignable to any third party. Account-sharing, or use of one (1) User Account by more than one (1) individual, is strictly prohibited by RealityWanted. Failure to comply with the foregoing shall result in immediate termination of all applicable User Accounts without any liability (financial or otherwise) to RealityWanted or Acme Casting.
User represents that all information provided to RealityWanted by User is true and correct. User shall amend, update and/or remove all information provided to RealityWanted by User, as appropriate, to maintain the truthfulness and accuracy of all information provided to or posted on the RealityWanted website. User understands that he or she may be held liable for any loss, claims or damages incurred by RealityWanted or any third party resulting from false or inaccurate information provided to RealityWanted.
RealityWanted expressly reserves the right to terminate, in its absolute and sole discretion, any registration and/or any User Account, for any reason whatsoever and at any time without prior notice, as RealityWanted may deem appropriate.
User is solely responsible for maintaining confidentiality with respect to all User Account login and password information. User is the sole responsible party for activity occurring on his or her account, and User is responsible for not disclosing account passwords to any third party.
Distribution of passwords, for use of this website, to Casting Professionals and entertainment industry personnel is to be determined in the sole and absolute discretion of RealityWanted.
In the event of a breach of security due to User's negligent, reckless or intentional acts or omissions, User will be liable for unauthorized use and any losses or damages incurred by RealityWanted or any third party.
Upon discovery of unauthorized use of a Member Account or Casting Account, User will immediately notify RealityWanted at email@example.com. Although RealityWanted uses commercially reasonable efforts to maintain industry standard policies, practices, architecture, processes and procedures with respect to access and security relating to the RealityWanted website, User understands and expressly assumes the risk that unauthorized access, intrusion and/or manipulation of data (including, but not limited to, hacking) can and does occur with respect to Internet commercial websites, such as the RealityWanted website, and User understands and acknowledges that RealityWanted is not responsible for losses or damages incurred by User resulting from any unauthorized access to or use of User's account.
All materials published on the RealityWanted website (including, but not limited to, graphics, logos, images, photographs, illustrations, written materials, audio/video clips, and artwork) ("Content") are protected by copyright laws and other intellectual property laws.
User is solely responsible for the Content that User publishes or displays ("posts" and its derivatives, such as "posted" or "posting") on RealityWanted, as well as any Content transmitted to any third party (whether or not such transmission occurred by way of RealityWanted).
All Content submitted by User, ("User Submission(s)") is subject to the following.
A. With respect to all Content submitted to RealityWanted by User, User represents that:
B. With respect to any User Submission described in Section A.i, or A.ii, above:
C. With respect to any User Submission described in Section A.iii, above:
D. By posting information or otherwise using any communications service, message board or any interactive service made available by this website, User agrees that User will not upload, post or distribute anything that is prohibited by RealityWanted (including text, photographs, video, audio or any other forms of communication).
RealityWanted reserves the right, in its sole and absolute discretion, to reject and/or remove Content and User Submissions at any time without prior notice to User, for any reason whatsoever.
RealityWanted reserves the right, in its sole and absolute discretion, to terminate User's account at any time and without prior notice in the event of copyright infringement or infringement of any other intellectual property right by User.
RealityWanted, its owners, shareholders, LLC members, officers, directors, operators, employees, contractors, agents, representatives, affiliates, subsidiaries, assigns, sponsors, and/or licensors expressly disclaim any and all liability in connection with User Submissions. It is the policy of RealityWanted not to permit copyright infringing activities or infringement of any other intellectual property right on its website. Any and all Content and/or User Submissions that infringe on another's intellectual property rights will be removed by RealityWanted upon proper notification to RealityWanted.
Pursuant to the Digital Millennium Copyright Act (DMCA) (See 17 U.S.C. 512), copyright owners and/or their agents who believe that Content on the RealityWanted website infringes their copyright or any other intellectual property right, may submit notification of the suspected infringement to RealityWanted, and must do so in accordance with the requirements of the Digital Millennium Copyright Act. Failure to comply with the requirements of the DMCA will result in a failure of notice for the purposes of the statute.
Acme Casting may from time to time equip RealityWanted and/or other websites with a voting feature that would enable certain Users to showcase themselves online in such a way as to request and possibly receive popularity votes ("Vote(s)") by other Users. Acme Casting does not represent, warrant, covenant or guarantee that User will receive any Votes. Regardless as to how many Votes are cast for or by a User, User's participation in this feature in no way guarantees, provides or otherwise confers any benefits, privileges or prizes to User or any other party. For the sake of clarity, Acme Casting does not represent, warrant, covenant or commit that Vote(s) cast by or in favor of User will result in User being chosen for a role or position with respect to any show or project.
While it is possible that greater numbers of Votes for User increase the likelihood that User's profile will appear online in front of Casting Professionals who visit RealityWanted, Acme Casting does not guarantee, represent or warrant that Votes will not be manipulated by other Users. Additionally, Acme Casting does not guarantee, represent or warrant that any benefits, privileges or prizes offered by any Casting Professionals or any other third parties will actually be awarded, provided or delivered, and Acme Casting shall not be responsible for any representations, acts or omissions by any third parties.
The profiles of paying Users will appear online in front of Casting Professionals in priority and earlier relative the profiles of non-paying Users, regardless as to the number of Votes received or cast by a User.
User consents to receiving emails from RealityWanted, for any and all purposes RealityWanted may deem necessary and appropriate, including, but not limited to, emails sent for promotional and/or informational purposes.
User is solely responsible for interactions with other visitors to and/or users of RealityWanted. RealityWanted reserves the right, but has no obligation, to monitor interactions and/or mediate disputes arising between User and any other visitor to and/or user of RealityWanted.
Strictly Prohibited Conduct
Certain conduct is strictly prohibited with respect to the RealityWanted website. User represents that User will not to engage in conduct strictly prohibited by RealityWanted.
The following conduct is strictly prohibited:
Consequences of Engaging in Prohibited Conduct
While RealityWanted is under no obligation to police the website, RealityWanted will make commercially reasonable efforts to attempt to remove or deal with any parties that are in violation of our policies. To report any prohibited conduct please notify us immediately at firstname.lastname@example.org or telephone our office at 310.496.1667.
Termination of User Accounts
RealityWanted expressly reserves the right to terminate, in its absolute and sole discretion, any registration and/or any User Account, for any reason whatsoever and at any time without prior notice, as it may deem appropriate.
RealityWanted offers Basic Service and Premium Service to Member Users. Basic Service provides certain features. Premium Service offers additional features not available with registration as a basic member. Upgrading from Basic Service to Premium Service is optional, and entirely in the discretion of User. RealityWanted reserves the right to change this policy at any time without notice. At no time will fees be applied without notice to and acceptance by our members.
Terms and Conditions of Membership Purchase
All purchases are subject to the following terms and conditions:
Rates for Member Users:
Monthly Renewal Rate*
$ 3.99 / 6.99 (Silver and Gold Memberships)
$ 3.99 / 6.99 (Silver and Gold Memberships)
* Monthly Renewal Rate is subject to change with notice.
Use of Registration Data
REALITYWANTED WILL NOT SELL TO ANY THIRD PARTY NOR ALLOW ANY THIRD PARTY TO ACCESS USER'S PERSONAL INFORMATION WITHOUT USER'S CONSENT. USER'S EMAIL ADDRESS IS USED TO IDENTIFY USER'S MEMBERSHIP, AND TO SIGN IN TO THE WEBSITE.
IN THE EVENT OF CHANGE IN CORPORATE OWNERSHIP OR SALE TO A MARKETING ORGANIZATION
In the event that RealityWanted and/or Acme Casting is sold, or ownership of RealityWanted and/or Acme Casting is transferred, to another entity (including, but not limited to, sale or transfer to a marketing organization), all User information maintained by RealityWanted, including personal data and aggregated data, will be transferred to the new owners of RealityWanted, and User will be notified accordingly. Such new owners shall have the same rights and remain under the same obligations as those set forth above. Neither ACME Casting nor RealityWanted shall be liable for the actions or omissions of such new owners from and after the date of any such sale and/or transfer.
ACME Casting shall have the right to assign any of the rights granted herein, in whole or in part, to any person, firm, corporation or entity, and nothing contained herein shall imply anything to the contrary. Upon the assignee's assumption of the obligations of ACME Casting with respect to the rights so assigned, ACME Casting shall be relieved of all such obligations.
ACME Casting shall also have the right to share all User information maintained by RealityWanted with any person, firm or corporation that is a subsidiary, parent or affiliate of ACME Casting or the successor to ACME Casting by a merger or by a transfer of substantially all of ACME's Casting assets hereunder. In the event of any such sharing, User agrees to cooperate to the best of his or her ability with the person, firm or corporation with whom his or her information is shared hereunder.
User may not assign User's rights or obligations hereunder.
Privacy and User Information
User understands that the personal information provided to RealityWanted by User will be stored on the RealityWanted computers and/or servers. This information may be used by RealityWanted to create a profile of interests, preferences and browsing patterns and to allow User to make full use of the website.
Member Users are not able to view or otherwise access the home address, telephone number or email address of other Member Users. Casting Professional Users have access to any contact information posted by Member Users.
User understands that User's profile information is viewable by other visitors and/or users of RealityWanted, unless User has marked User's profile as private.
User also understands that communication, exchanges and interactions between and among any Member Users is not within the control of RealityWanted, and that RealityWanted shall not be liable for any loss, claims or damages arising out of or relating to such interactions.
User should exercise reasonable care in User's decisions to share any and all of User's personal information with any third party (including, but not limited to, sending, disclosing or otherwise allowing access to any personally identifiable information). RealityWanted is not responsible for the use by a third party of any personal information that User allows to be disclosed (directly or indirectly) to such third party.
REALITYWANTED EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS OR OMISSIONS OF OTHER VISITORS TO AND/OR USERS OF THE WEBSITE (INCLUDING UNAUTHORIZED INDIVIDUALS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING VISITATION TO THE WEBSITE, USE OF THE WEBSITE OR OTHERWISE.
Use of the RealityWanted website shall be at the sole risk of User.
User understands that RealityWanted is not responsible and has no liability for any deletion or corruption of Content, nor of failure to store any Content, including, but not limited to, messages and communications between User and other visitors to and/or users of the website that are maintained or transmitted by RealityWanted.
RealityWanted may change or cease RealityWanted's offering of any of the services it provides, for any reason whatsoever, as it deems appropriate, in the sole and absolute discretion of RealityWanted.
User understands that RealityWanted receives Content from a variety of sources and that use of the RealityWanted website could result in the unintentional or inadvertent exposure of User to Content that is offensive. User further understands that some Content found on the RealityWanted website may be offensive, disturbing, indecent or objectionable to User. User agrees to waive, and hereby does waive, any legal or equitable rights and/or remedies that User has or may have against RealityWanted, its owners, shareholders, LLC members, officers, directors, operators, employees, contractors, agents, representatives, affiliates, subsidiaries, assigns, sponsors, and/or licensors with respect thereto.
User understands and acknowledges that RealityWanted is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any Content on the RealityWanted website. User agrees to waive, and hereby does waive, any legal or equitable rights and/or remedies User has or may have against RealityWanted, its owners, shareholders, LLC members, officers, directors, operators, employees, contractors, agents, representatives, affiliates, subsidiaries, assigns, sponsors, and/or licensors with respect thereto.
RealityWanted, its owners, shareholders, LLC members, officers, directors, operators, employees, contractors, agents, representatives, affiliates, subsidiaries, assigns, sponsors, and licensors assume no liability or responsibility for:
The RealityWanted website may contain links to third party websites. It is the sole responsibility of User to be aware as to when User is leaving the RealityWanted website and entering a third party website, and to be further aware of any third party website's terms and conditions of use. RealityWanted accepts no responsibility for any loss or damages incurred during or as a result of the use of any third party website or the materials or contents thereof.
Opinions, advice, statements, offers or other information or Content made available through RealityWanted, but not directly by RealityWanted, are those of their respective authors. Such opinions, advice, statements, offers or other information or Content should not necessarily be relied upon. Such authors are solely responsible for such Content.
REALITYWANTED DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE WEBSITE. REALITYWANTED DOES NOT ADOPT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY ANY THIRD PARTY, AND REALITYWANTED IS NOT RESPONSIBLE FOR ANY OPINION, ADVICE OR STATEMENT MADE BY ANY THIRD PARTY.
UNDER NO CIRCUMSTANCES IS REALITYWANTED RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY RELIANCE ON INFORMATION OR OTHER CONTENT POSTED OR TRANSMITTED TO MEMBERS BY ANY ENTITY OTHER THAN REALITYWANTED.
IF REALITYWANTED CONDUCTS AND/OR POSTS AN INTERVIEW OF USER, USER SHALL BE OBLIGATED TO MODIFY AND CORRECT ANY AND ALL INFORMATION THAT REALITYWANTED SHARES WITH USER PRIOR TO SUCH POSTING SO AS TO ENSURE THE TRUTHFULNESS AND ACCURACY OF SUCH INFORMATION. IF USER FAILS TO MAKE SUCH MODIFICATIONS AND CORRECTIONS WITHIN THE DESIGNATED TIMEFRAME, REALITYWANTED SHALL NOT BE LIABLE FOR ANY LOSS, CLAIMS OR DAMAGES ASSOCIATED WITH SUCH INFORMATION (INCLUDING, BUT NOT LIMITED TO, THE POSTING THEREOF).
ALTHOUGH ATTEMPTS ARE MADE TO VERIFY THE IDENTITY OF CASTING AGENTS REGISTERING WITH REALITYWANTED, REALITYWANTED DOES NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN USERS REGISTERING WITH REALITYWANTED.
REALITYWANTED WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, INCLUDING BY NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF THE USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF USER COMMUNICATIONS WITH AND/OR INTERACTIONS WITH ANY OTHER VISITOR TO AND/OR USER OF THE WEBSITE, OR ANY INDIVIDUAL USER OTHERWISE MEETS VIA THE WEBSITE.
User agrees to defend, indemnify and hold harmless RealityWanted, its owners, shareholders, LLC members, officers, operators, employees, contractors, agents, representatives, affiliates, subsidiaries, assigns, sponsors, and/or licensors, to the fullest extent allowed by law regarding all matters related to any claims, losses, damage or other forms of liability arising from, relating to, or otherwise associated with User's actions or omissions with respect to use of the site.
This indemnity shall be applicable without regard to the negligence of any party, including the indemnified party.
In the event of a dispute between User and any other individual visiting and/or making use of the RealityWanted website, User releases RealityWanted, its owners, shareholders, LLC members, officers, operators, employees, contractors, agents, representatives, affiliates, subsidiaries, assigns, sponsors, and/or licensors, from liability for any claims, losses, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected to such a dispute.
Warranties and Disclaimers
RealityWanted cannot and does not guarantee that anyone (including, but not limited to, any Member) will receive an offer to appear on any show (reality or otherwise) or participate in any type of production, project or initiative in the entertainment industry. Decisions regarding the selection of individuals for casting (including, but not limited to, the selection of any Member) are made solely by Casting Professionals and the production companies or studios on whose behalf they perform their services. RealityWanted does not have any dealings or associations with agents that use the website or post casting notices, nor with any production companies or studios, and therefore can have no influence, effect or impact on the outcome of casting calls.
Although RealityWanted makes every attempt to verify the accuracy and validity of information provided to it by all Users of the website, RealityWanted cannot and does not guarantee the accuracy of the data provided by Users.
USER AGREES THAT USE OF THE REALITYWANTED WEBSITE IS AT USER'S OWN RISK. THE REALITYWANTED WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INABILITY TO USE THE WEBSITE CANNOT BE USED AS A BASIS FOR LIABILITY FOR DIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM USER'S INABILITY TO USE THE WEBSITE.
REALITYWANTED MAKES NO GUARANTEES THAT THE REALITYWANTED WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. REALITYWANTED IN NO WAY GUARANTEES THAT ANY INFORMATION FROM THE WEBSITE IS IN ANY WAY RELIABLE OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS OBTAINED BY OR THROUGH THE WEBSITE WILL MEET USER'S EXPECTATIONS.
ANY MATERIALS DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THIS WEBSITE ARE DONE SO AT USER'S OWN RISK. USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE THAT MAY OCCUR TO USER'S COMPUTER AND ACCESSORIES WHILE OR AS A RESULT OF USING THIS WEBSITE OR ANY MATERIAL DOWNLOADED FROM THIS WEBSITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT REALITYWANTED, ITS OWNERS, SHAREHOLDERS, LLC MEMBERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, SPONSORS, LICENSEES OR CONTENT PROVIDERS PROVIDE SHALL BE USED AS A BASIS FOR LIABILITY FOR DIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM USER'S RELIANCE ON SUCH ADVICE OR INFORMATION.
OTHER THAN AS EXPRESSLY SET FORTH HEREIN, REALITYWANTED EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
All disputes between User and RealityWanted (and/or ACME Casting) shall be subject to a binding arbitration in accordance with the rules of the American Arbitration Association, and all such arbitration shall take place in Los Angeles, California.
RealityWanted prides itself on being accessible to our Members and Casting Professionals that use the website. Please contact us with any questions or concerns either by email (email@example.com) or by using the telephone numbers provided. RealityWanted 1601 North Sepulveda Boulevard, Suite 360, Manhattan Beach, California 90266. 310.496.1667.
Authorization, Consent and Agreement
Information Collected by Acme Casting and RealityWanted
ACME Casting and RealityWanted collect two (2) types of personally identifiable information from Users: (1) personal data (such as names and email addresses), and (2) aggregated data (such as information concerning traffic patterns on RealityWanted). One example of aggregated data would be data that documents the number of Users that log into the RealityWanted website on a daily basis.
Personal data is collected when Users provide personal information to ACME Casting and RealityWanted to register with the RealityWanted website and in other similar circumstances, such as in registering to receive electronic newsletters or for other membership services. Other examples of ways in which User might provide RealityWanted with personal data include, but are not limited to, responding to surveys, registering for contests, or registering for other promotional opportunities offered by the RealityWanted website.
Aggregated information, such as information that documents the specific pages that Users access or visit, is collected through various methods. For example, ACME Casting and RealityWanted retain information regarding IP addresses. An IP address, or Internet Protocol address, is a number that is automatically assigned to an Internet user's computer whenever he or she is using the Internet. RealityWanted servers, the computers that "serve up" RealityWanted pages, automatically identify a User's computer by its IP address, and when a User requests a page from ACME Casting and RealityWanted, our servers log the User's IP address. ACME Casting and RealityWanted do not link IP addresses to anything personally identifiable, so, although a User's session will be logged, the User will remain anonymous to us. ACME Casting and RealityWanted emphasize that, despite a User's anonymity to ACME Casting and RealityWanted, ACME Casting and RealityWanted have the capability to monitor activity that occurs during any session in which an individual is logged on the RealityWanted website.
Use of Information Collected by ACME Casting and RealityWanted
ACME Casting and RealityWanted use both the personal information and the aggregated information that they collect for multiple purposes. The information is used to improve the Content of the RealityWanted website, to customize the Content of the RealityWanted website for each individual User, to notify Users of updates to the RealityWanted website, or to make promotional offers or identify opportunities that RealityWanted believes will be of interest to User.
ACME Casting and RealityWanted share aggregated information with third parties for both advertising and promotional purposes. RealityWanted uses non-identifying and aggregate information to better design our website and to work collaboratively with advertisers. For example, RealityWanted may inform an advertiser that X number of individuals visited a certain area on our Website, or that Y number of men and Z number of women filled out our registration form, but RealityWanted would not disclose anything that could be used to personally identify those individuals.
Acme Casting and RealityWanted may also share information with consultants and affiliates for internal business purposes and may divulge personal information if such information is subpoenaed, or if Acme Casting or RealityWanted believes that any User has committed unlawful acts, or acts that endanger the health or safety of another party or of the general public. In some situations, RealityWanted will share User's personal information, on a confidential basis, with third parties who perform a particular service on behalf of RealityWanted, such as sending e-mails. Also, ACME Casting and/or RealityWanted may be sold or transferred to another entity. Should such an event occur, customer information will, of course, be one of the transferred assets.
In addition, in the event Acme Casting and/or RealityWanted plan to post any personal information on the website, Acme Casting and/or
RealityWanted will either notify User of this possibility when User provides the information and/or, if possible, when the information is posted.
Occasionally, RealityWanted may post the name of a User (for example a contest winner) on our website. Acme Casting and/or RealityWanted will notify User of this possibility when User provides User's information or, if possible, will notify User when the information is posted.
Links to Third Party Websites
No transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of Acme Casting or RealityWanted to intercept or access transmissions or private communications unlawfully. While RealityWanted strives to protect User's personal information, RealityWanted cannot ensure or warrant the security of any information User transmits to us. Any such transmission is done at User's own risk.
Changes to this Policy