Terms of Service

Effective Date: [1/05/24]

Last Updated: [1/05/24] 

HBG Casting, LLC (collectively, “HBG,” “our,” “us,” or “we”) owns and operates https://www.hbgcasting.com/, and its associated websites, mobile or tablet applications, and databases (collectively, the “Sites”). At its sole and absolute discretion, HBG may provide opportunities for casting in certain feature films, television or streaming content, commercials, or other similar roles and services to Users through the Sites (collectively, the “Services”). PLEASE READ THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) CAREFULLY. BY ACCESSING, REGISTERING TO USE, OR USING THE SERVICES, YOU (“YOU,” “YOUR,” OR THE “USER”) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, INCLUDING THE BINDING ARBITRATION CLAUSE, CLASS ACTION WAIVER, AND THE JURY TRIAL WAIVER, AND YOU AGREE TO BE BOUND BY THIS AGREEMENT AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT ACCESS OR USE THE SITES OR SERVICES. IF YOU VIOLATE THIS AGREEMENT OR OUR PRIVACY POLICY, WE RESERVE THE RIGHT TO DENY YOU ACCESS TO OUR SERVICES TOGETHER WITH ANY AND ALL OTHER LEGAL REMEDIES. The headings used herein are included for convenience only and will not limit or otherwise affect this Agreement. 

1. ENTIRE AGREEMENT. This Agreement and the Privacy Policy, and any other agreements between you and us, comprise the entire agreement between User and HBG, and supersedes any and all prior agreements between the parties regarding the subject matter contained herein (including but not limited to any prior versions of this Agreement). All such additional terms and conditions are hereby incorporated by this reference into this Agreement. By using the Services, you attest that you are authorized to use the Services, and that you will comply with this Agreement, the Privacy Policy, and all applicable laws, rules, and regulations. 

2. INTELLECTUAL PROPERTY. HBG grants you a limited, revocable, non-exclusive, non-transferable right to review, and in some instances print content from the Services (e.g., the Sites) for your personal and educational purposes, as long as they do not violate any aspect of this Agreement or applicable law, including our intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party. HBG reserves the right to terminate or limit your access to the Services and/or the licenses granted herein in our sole and absolute discretion. As between you and HBG, HBG is the sole owner of all rights, title, and interest in the Services. We are not liable if for any reason all or any part of the Services are unavailable at any time. 

Content Ownership 

The content on the Sites, including but not limited to, content, features, functionality, photos, articles, and layout, as well as all marks and logos of HBG appearing on the Sites (the “Site Content”) are the sole and exclusive property of HBG and are protected by applicable intellectual property and proprietary rights laws. We reserve any and all rights to the Site Content. Commercial use or unauthorized monetization of the Site Content or any other aspect of the Services is expressly prohibited. All registered and unregistered trademarks visible or accessible through the Services are trademarks of HBG or licensors thereof, and may not be copied, imitated, or used in whole or in part without the prior written permission of HBG or its licensor. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours and may not be copied, imitated, or used in whole or in part without prior written permission from the owner. 

Proprietary Software 

You acknowledge and agree that the Services and any software used in connection with the Services (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except if expressly authorized, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part. 

Copyright And Trademark 

Website copyright notice: Copyright 2023 HBG Casting LLC – All Rights Reserved. The Sites are the copyrighted property of HBG, and certain content therein may be the copyrighted property of various third-parties. HBG and hbgcasting.com are service marks of HBG. Other products, services and names used on the Sites are registered and common law trademarks of their respective owners. Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of such trademarks. Unauthorized use of the Sites may violate applicable copyright, trademark, and intellectual property laws, as well as any other applicable laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure, or obliterate any of such notices. 

Notice Of Infringement 

We respect the intellectual property rights of others, and prohibit User from using the Services in a manner that violates those rights. Under the U.S. Digital Millennium Copyright Act, copyright owners can file a complaint if they believe materials infringe on their copyright(s). If you believe that any intellectual property rights are being infringed on the Sites, please contact us via email at HBGcasting@gmail.com or via mail at HBG Casting, LLC, 228 North St., Rye, New York, 10580. 

3. MODIFICATIONS TO SERVICE AND TERMS OF SERVICE. HBG reserves the right, at any time, to modify or discontinue the Services temporarily or permanently, with or without notice and for any reason, including but not limited to performing maintenance, repairs, or upgrades. HBG shall not be liable to any User or any third party should HBG exercise its right to modify or discontinue any Services provided. HBG also may change all or a portion of this Agreement from time to time. Changes will be incorporated in the Agreement posted to the Sites. Your continued use of the Services constitutes your acceptance of the Agreement. 

4. WEBSITE CONTENT RESPONSIBILITY. We reserve the right to modify and update the Sites at any time to correct errors, inaccuracies, or make other changes in our sole discretion. We may, but have no obligation to, monitor, edit or remove content that we determine at our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that may violate any party’s intellectual property or this Agreement. The Sites may contain links to other websites maintained by third parties. Such links are provided for your convenience and reference only. HBG does not operate or control in any respect and are not responsible for any information, software, products, or services available on such websites. HBG’s inclusion of a link to a website does not imply any endorsement of the third-party or their services or the site, its contents, or its sponsoring organization. If you decide to access other websites, you do so at your own risk. 

5. MOBILE / TABLET APPLICATION CONTENT RESPONSIBILITY. User Content You understand that any and all comments, information, quotes, links, text, messages, or other materials posted by a User (“User Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such User Content originated. You acknowledge and agree that HBG neither endorses the contents of any User Content or communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third-party intellectual property rights arising therefrom, or any crime facilitated thereby. You agree that User Content provided to HBG will not violate any right of any third-party, including copyright, trade mark, privacy, personality, or other personal or proprietary right. You further agree that your User Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Content. You are solely responsible for any User Content you make and its accuracy. We take no responsibility and assume no liability for any User Content posted by you or any third-party. HBG does not originate the construction of User Content posted via the Services by you or other Users and, as such, does not guarantee the accuracy, integrity, or quality of such User Content. HBG is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other User. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent, or objectionable. We have the right to: - remove or refuse to post any User Content for any or no reason at our sole discretion. - take any action with respect to any User Content that we deem necessary or appropriate at our sole discretion, including if we believe that such User Content violates the Agreement, or threatens the personal safety of any User or the public, or increases the likelihood or risk of financial or legal liability for HBG. - take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services. - terminate or suspend your access to all or part of the Services for any violation of this Agreement. - without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or arbitration order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS HBG FROM ANY CLAIMS RESULTING FROM ANY ACTION OR INACTION BY HBG RELATED TO OR ARISING FROM ANY INVESTIGATIONS BY HBG OR LAW ENFORCEMENT AUTHORITIES. User Account, Password, And Security Users have the option of creating an account with HBG to access certain features and content of our Sites and receive the Services. At that time, you will be asked to provide a mobile phone number to register for an account and you will set your own password. You are solely responsible for maintaining the confidentiality of your password and account details. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your registration information, password, or other information. Furthermore, you are solely responsible for any and all activities that occur within your account. You may change your password at any time by following the instructions on the Sites. You agree to immediately notify HBG of any actual or suspected unauthorized use of your account or any other breach of security known to you. We have the right to disable any account, username, password, or other identifier, whether chosen by you or used by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement. 

6. TERMINATION. You may cancel or terminate your account at any time by following the instructions provided on the Sites. If you have any difficulties following these instructions or otherwise using the Sites, you may contact us via email at HBGcasting@gmail.com or via mail at HBG Casting, LLC, 228 North St., Rye, New York, 10580. 

7. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROHIBITED BY APPLICABLE LAW, USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER’S SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROHIBITED BY APPLICABLE LAW, HBG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HBG MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. HBG MAKES NO WARRANTY REGARDING THE SERVICES PURCHASED OR OBTAINED OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, EXCEPT IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. 

8. LIMITATION OF LIABILITY. HBG SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, LOST REVENUE, LOST SAVINGS, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE ARISING FROM YOUR USE OF THE SERVICES OR IN ANY WAY RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE BY HBG. THE AGGREGATE LIABILITY OF HBG \AND ANY SERVICE PROVIDERS UNDER THE AGREEMENT SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500 USD). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

9. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of this Agreement will cause such damage to HBG as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that HBG shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by HBG in obtaining such an injunction, including, without limitation, reasonable attorneys’ fees. You agree that no bond or other security shall be required in connection with such injunction. 

10. INDEMNITY. To the fullest extent permitted by law, and except to the extent arising from our gross negligence or intentional misconduct, you agree to indemnify, defend, and hold harmless us, including our employees, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees made by any third party due to, arising from, or related to your breach of the Agreement or the documents they incorporate by reference, or your violation of any law or rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any actions or claims on our behalf without our prior written consent. 

11. LAWS. This Agreement and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of New York in the United States without reference to any conflict of law rules. You and HBG agree to submit to the exclusive personal and subject matter jurisdiction and venue of the courts located within New York in the United States. You agree that you will not use the Services in any jurisdiction or in any manner prohibited by any applicable laws, restrictions, or regulations. 

12. NO EMPLOYMENT RELATIONSHIP. This Agreement does not create an employer-employee relationship between the User and HBG. You are not entitled to any employment benefits, including but not limited to salary (hourly, annual, or otherwise), workers' compensation, unemployment compensation, health benefits, or any other benefits afforded to employees. User understands that the scope of the relationship between HBG and User is strictly limited to auditions, casting placements, and talent position promotions. 

13. ARBITRATION CLAUSE AND CLASS ACTION WAIVER. – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS Arbitration Notice You agree that if there is any dispute or claim arising from or related to the Services (except for the Exempt Claims, as defined below), the Agreement or 22the Privacy Policy, it will be resolved by confidential binding arbitration in New York, rather than in court, after first giving Notice of the Dispute (“Notice”) to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice to the HBG should be sent to HBG Casting, LLC, 228 North St., Rye, New York, 10580. This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought. If you and HBG are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or HBG may initiate arbitration proceedings to be conducted by a single impartial arbitrator chosen from the American Arbitration Association’s (“AAA”) National Roster of Commercial Arbitrators by mutual agreement of the Parties (or by the AAA if the Parties cannot agree). There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of the Agreement as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT. The Federal Arbitration Act and federal arbitration law apply, and the AAA will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be held in the State of New York or at another mutually agreed location. If the arbitration involves a consumer, the arbitration will be held at a location convenient to the consumer. If the value of the relief sought is $10,000 USD or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and us unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator will also decide any questions relating to the interpretation, applicability, or enforceability of this arbitration clause, except where a party files a claim in court because it is an Exempt Claim (as defined below). If either party files an Exempt Claim, the court presiding over that claim will determine if the claim is an Exempt Claim under this Arbitration Clause. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any changes to the Agreement (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change. Moreover, if we seek to remove or replace this Section, any such removal or replacement shall not be effective until thirty (30) days after the version of the so-modified Agreement is posted to the Sites and shall not be effective as to any claim that was filed in a proceeding against either party prior to the effective date of termination. CLASS ACTION WAIVER: YOU AND HBG AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU WAIVE ANY RIGHT TO A JURY TRIAL. “EXEMPT CLAIMS” include the following: You and HBG agree that the following two (2) types of claims are not required to be submitted to an arbitration subject to the following conditions: (a) You or we are not required to arbitrate a claim brought on in small-claims court. However, if (a) there is an appeal from small-claims court, or (b) a change in the claim that renders the small-claims court unable to resolve the claim, then the claim must be resolved in an arbitration under the terms of this arbitration provision; and (b) You or we are not required to arbitrate a claim brought on an individual basis to enjoin infringement or other misuse of intellectual property rights. Such a claim may be brought in any court of competent jurisdiction. You and we agree that the infringement or other misuse of intellectual property rights could cause irreparable harm for which monetary damages are an inadequate remedy. The prevailing party in an action to enjoin infringement or other misuse of intellectual property rights is entitled to recover costs and fees (including reasonable attorneys’ fees) in pursuing that remedy. OPT OUT: You may opt-out of this mandatory arbitration provision by writing us within sixty (60) calendar days of your agreement to this arbitration provision by mail to HBG at HBG Casting, LLC, 228 North St., Rye, New York, 10580. Such opt-out notice must include your name, address, and date in the correspondence. This is the only way you can opt out. 

14. NOTICE. All notices to HBG must be in writing and delivered via overnight delivery or certified mail (in each instance with return receipt requested) to HBG Casting, LLC, 228 North St., Rye, New York, 10580 with a copy, which shall not constitute notice, to HBGcasting@gmail.com. HBG may at its discretion provide notice to you via email, conventional mail, or messages through the Services, which shall constitute notices to User. 

15. PRIVACY POLICY. The Privacy Policy is incorporated by reference in this Agreement. Please refer to the Privacy Policy for information as to how HBG may collect, process, and use User’s personal information as well as certain rights User may have regarding their personal information. 

16. GENERAL INFORMATION. If any provision(s) of the Agreement are held by an arbitrator or a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. HBG’s failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by HBG in writing. To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, User and HBG agree that any cause of action arising out of or related to the Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. If HBG takes any action to enforce the Agreement, HBG, if the prevailing party, will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees, arbitration fees and costs, and the costs of any litigation, in addition to any other relief, at law or in equity, to which HBG may be entitled. To the extent that any provision of this Agreement is deemed to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement. Such determination shall not affect the validity and enforceability of any other remaining provisions. 

17. VIOLATIONS. Please report any violations of the Agreement to HBG via email at HBGcasting@gmail.com or via mail at HBG Casting, LLC, 228 North St., Rye, New York, 10580. 

18. CHILDREN’S INFORMATION. HBG does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to provide us with personal information without verifiable parent or guardian consent. If you are under 18, do not send any information about yourself to us, including your name, address, telephone numbers, or email address, unless you have your parent's or guardian's permission. In the event we learn that we collected personal information from anyone under the age of 18, and do not have a parent or guardian's consent, we will delete that information as quickly as possible. 

19. OTHER QUESTIONS. If you have other questions, contact us via email at HBGcasting@gmail.com or via mail at HBG Casting, LLC, 228 North St., Rye, New York, 10580.