The Public May Access Certain Personal Information That You Provide
Agents and casting directors, in addition to the general public, will have access to your "public profile" which can be reviewed in order to make decisions as to whether to contact you for casting or other positions. This public profile will contain certain personal and other information about you in order to attract these inquiries. By submitting your information on this Site, you understand that you are choosing to post personal information about yourself, including name(s) or nicknames, images, gender, age, acting modeling or other professional credentials, location, height, weight, hair and eye color. Third parties who use the site to identify casting candidates will use this information in order to contact you through the Site, however, the general public will also be able to view this information. By registering to be on this Site, you are agreeing and consenting to have your personal information revealed to third parties who use this Site, and you are acknowledging and accepting the risks in doing so.
Information We Collect
Like most interactive websites, each time you visit the Site, we automatically collect your IP address and any web page from which you came. In order to administer and optimize the Site for you and to diagnose problems with the Site, we use your IP address, which helps us identify you and gather broad demographic information about you and where you logged in from. Our server logs may also capture and collect additional information such as your web request, browser type, browser language, the date and time of your request, and/or the date and time of your visit, all of which helps us track users' movements around our site. We also collect your account password, browsing history information and searching history information, registration history information, and the content of communications between you and other registrants of the Site.
Information You Provide
In order to operate the Site and to provide agents, casting directors and other interested parties with information used in finding casting leads and identifying candidates, we also collect the information that you provide when you sign up for a Butter Bomb Casting account, including personal contact information, financial information, and demographic information. Personal contact information is information that you provide which can be used to contact you directly without going through the Site and may include your full name, mailing address, phone number, e-mail address and fax number. Financial information that you provide and that we collect may include your credit card number. Demographic information is information that you submit or we collect that is neither personal nor financial; this may include but is not limited to your zip code, postal code, location, gender, user name, age, height and weight.
Public Versus Private Information
The information that you submit or consent to for use in your Public Profile (by completing and submitting a profile) will be accessible to the general public. This information will include name(s) or nicknames, a BBC e-mail address, images, gender, age, acting modeling or other professional credentials, location, height, weight, hair and eye color. You should not include any personal information in your Public Profile that you wish to keep private. The personal information you choose to include in your profile may be publicly posted on the Site, and we cannot control who may access such information and/or what they do with the information you provide. For example, we generally do not recommend that users post their personal e-mail address, phone number or address in their Public Profile (and instead make use of the e-mail address and voice mail account provided by BBC). However, Members that choose to do so would be voluntarily releasing this information to the general public, and by doing so accept all resulting risks and consequences. BY CREATING A PUBLIC PROFILE AND USING THE SITE, YOU AGREE TO RELEASE US FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE USE BY OTHER PARTIES OF PERSONAL INFORMATION YOU CHOOSE TO INCLUDE IN YOUR PUBLIC PROFILE.
Other information that you submit through the Site, and information gathered by us through the Site (including demographic information), may be used by us to operate the Site or for administrative or other purposes, but will not be made accessible to the general public.
Correcting/Updating or Removing Information
REMEMBER THAT YOU CAN CHANGE THE INFORMATION INCLUDED IN YOUR BBC PUBLIC PROFILE, BY CLICKING THE "EDIT PROFILE" LINK ON YOUR BBC PUBLIC PROFILE PAGE.
Sharing of the Information this Site Gathers or Maintains
Except as explained above, or where you are expressly informed otherwise, we do not sell, rent, share, trade or give away any of your personal information, unless required by law or for the protection of your membership. However, BBC may share profile information and aggregate usage information in a non-personally identifiable manner with advertisers and other third parties in order to present to members and other users of the BBC Site more targeted advertising, products and services. In such situations we will never disclose information that would personally identify you.
The BBC account of every Member is password-protected. BBC takes every precaution to protect the information of the Members, as well as information collected from other users of the BBC Site. We use protective measures based on prevailing industry standards to protect all information that is stored on our servers and within our database. We limit the access to this information to those employees who need access to perform their job function such as our customer service personnel. If you have any questions about the security at our Site, please contact us. Nonetheless, no security system can be 100% secured, and we cannot guarantee the security or privacy of information you provide in postings transmitted via internet or through e-mail communications. YOU AGREE TO RELEASE US FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE USE BY OTHER PARTIES OF PERSONAL INFORMATION TRANSMITTED VIA WEB OR IN E-MAIL COMMUNICATIONS.
Minimum Age Requirement
Our policy is to limit the use of our Site to persons 18 years of age or older. We do not knowingly collect personal information from children under the age of 18.
Third Party Sites
How We Use Your Personal Information
We use your e-mail address and your other personal information to help us efficiently operate and administer the Site. We also use this information to contact you in connection with your transactions and other activities on the Site (including but not limited to confirmation e-mails for important news that could affect your relationship with us), and to forward messages to you from other registrants. These types of communications are known as maintenance communications.
By posting a profile on the Site you are opting in to receive maintenance communication information from BBC.
Additionally, BBC may process your personal information for the following purposes:
To operate the Site, including processing any transactions and supporting any activities you do on the Site, we may share your personal information with our agents, representatives, contractors and service providers so they can provide us with support services such as authorization of credit card transactions, e-mail originations, receipt of support services, customer relationship management services and order fulfillment. We require these entities not to use your information for any other purpose. Moreover, registrants on this Site are not authorized to use your information for any other purpose.
Members and Users Located Outside of the United States of America
Additional Ways That We May Share Your Personal Information
Members of the Site will be asked to provide financial information to use and access this Site. We use your financial information to check your qualifications and to bill you for any services provided on this Site for which we charge. You consent to our providing your financial information to our service providers and to such third parties as we determine are necessary to support and process your activities and transactions as well as your credit card issuer for their purposes. These third parties may include the credit card companies and banking institutions used to process and support the transaction or activity.
Your personal information or financial information may be passed on to a third party in the event of a transfer of ownership of assets or a bankruptcy. We may also use and/or disclose personal information or financial information without your prior consent when we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process, court order, subpoena or enforceable government request; (b) enforce our Terms of Service, including investigation of potential violations thereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; or (d) protect against the imminent harm to the rights, property or safety of BBC, its registered members, or the public as required or permitted by law. Whenever personal information or financial information is disclosed under this paragraph we may also disclose your demographic information along with it.
Changes to This Policy
Questions and Contact
Last Updated: July 31, 2009
1. Description of Service. BBC ("we", "our" or "us") is an online service that facilitates matching of prospective actors, models and other entertainment industry talent with agents, casting directors and other recruiters of talent (the "BBC Service"). The BBC Site offers searchable public profiles of its members, and related services to provide exposure for prospective talent ("you", "your", "user" or "users") including billboard advertisements. By becoming a Member of the Site and a user of our Service, you agree and understand that your photograph(s) and certain personal profile information of yours will be displayed prominently in public areas on billboards at locations identified and selected by us.
2. Membership Eligibility. The BBC Service is not available to minors under the age of 18 or to any users suspended or removed from the system by BBC for any reason. By establishing an account with us, you represent that you are 18 years of age or older, and that you have the right, authority and capacity to contract with us and be bound by this Agreement.
3. Use of Service. Your use of the BBC Service is governed by this Agreement. BBC may refuse service without prior notice to any user for any or no reason.(a) Registration. In order to create a public profile on our Site ("Public Profile") and use the membership features of the BBC Site, including its software, e-mail account, community, tech support, and other features as either provided currently or in the future by BBC, you are required to create an account and register though our Site (the page accessed and completed upon registration is referred to as the "Registration Page").
(b) Password. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify BBC at firstname.lastname@example.org of any unauthorized use of your password or account or any other breach of security. BBC cannot and will not be liable for any loss or damage to you arising from your failure to comply with this section. Further, in the event of a breach of security, you will be held liable for unauthorized use and damages that may be incurred by us or other parties.
(c) One Account Per User. Users may not have more than one active account. Additionally, as a user you are prohibited from selling, trading, or otherwise transferring your BBC account to another party. If you do not qualify, you may not use the BBC Service. (d) Suspension of Services. BBC may change, suspend or discontinue any aspect of the Site and its Services at any time, including but not limited to any use of the BBC software, database, user community, without notice, and BBC shall not be liable for any loss or expense to the user if and when such a suspension occurs.
(e) Compliance with Applicable Law. By establishing an account with us, you agree to use our Site in a manner that is consistent with all applicable laws and regulations.
4. Fees. The BBC Site and Services are provided for a fee, and will include the features and access to the Site and Services for a fixed period of time, as set forth and mutually agreed on the Registration Page of the Site that you complete when you sign up for an account with us. The fee, scope of Services, and access to the features and functions of the Site shall be determined on a case-by case basis depending on the options you select on the Registration Page upon your registration with us, including any later changes (upgrades or downgrades) to your package and selected options. The options you select, and the Registration Page, are incorporated into and form a part of this Agreement. We reserve the right to change the fee that applies to any new accounts or renewal periods at any time, with or without notice.
5. Term and Cancellation. This Agreement will remain in full force and effect while you use the Site and/or are a Member. You may cancel your membership at any time, for any reason by following the instructions on the "Cancel Account" page in "Account Settings." If you cancel your membership, any fee that you have paid for Service is non-refundable. We may terminate your membership for any reason, at any time. If you are a paying subscriber to our Site, and we terminate your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated or cancelled, certain sections of this Agreement will remain in effect, including the Sections entitled: (a) Proprietary Rights in Content, (b) International Use, (c) Indemnification, (d) Disclaimers, and (e) Limitation of Liability.
6. User Conduct. You agree to abide by the following operating rules, and you will not use the Site to:
7. Termination. You agree that BBC may, with or without cause, immediately terminate your BBC account and access to the BBC Service without prior notice. Without limiting the foregoing, the following will lead to a termination by BBC of a user's use of the BBC Service (a) nonpayment or inability to process payment; (b) breaches or violations of this Agreement or other incorporated agreements or guidelines; (c) requests by law enforcement or other government agencies; (d) a request by you (self-initiated account deletions); and (e) unexpected technical issues or problems. Termination of your BBC account includes removal of access to all offerings within the BBC Service and may also bar you from further use of the BBC Service. Furthermore, you agree that all terminations shall be made in BBC's sole discretion and that BBC shall not be liable to you nor any third-party for any termination of your account or access to the BBC Service.
8. BBC Assumes No Responsibility for Third Party Actions. You are solely responsible for your interactions with other Members and third parties who may contact or interact with you through the Site, and this includes any subsequent agreements, arrangements, transactions or contracts that you may conduct or enter into with these third parties. BBC assumes no responsibility for the actions of these third parties. We make no representations whatsoever that any third parties that may contact you through the Site are qualified, authentic, trustworthy or legitimate. We reserve the right, although we have no obligation, to monitor communications between you and others through the Site, and to take any action that we determine in our sole discretion would be appropriate and consistent with the terms of this Agreement, including the termination of accounts.
(a) We cannot guarantee the security or privacy of information you provide through the internet or e-mail communications, and you agree to release us from any and all liability in connection with the use by other parties of such information.
(b) We are not responsible for, and cannot control, the use by others of any information that you provide to them, and you should use caution in selecting the personal information you provide to third parties using the Service and through the Site.
(c) We assume no responsibility for the content of messages sent by other users of the Site, and you agree to release us from any and all liability in connection with the contents of any communications you may receive from other users.
(d) We cannot guarantee, and we assume no responsibility for verifying, the accuracy of the information provided by other users of the Site, or whether such third party users are qualified, authentic, trustworthy or legitimate.
We may provide your registration information to a third party provided that we have your permission to do so. BBC will use the credit card information you provide in order to bill you for the Services and membership with the Site. By registering for a paid subscription and providing your credit card information, you agree to be billed by us for the Services and membership in advance. BBC will not share your financial information with third parties, except as necessary to process your payment.
11. Proprietary Rights in Content.
(a) Rights in Content Posted by BBC or other Members. We own and retain all proprietary rights in the Site and the BBC Service. The Site contains certain copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of BBC, our Members, and our licensors. Except for any information which is in the public domain, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary materials or information without our express written consent in each case.
(b) Rights in Content Posted by You. By publishing, displaying, or uploading (collectively, "Posting") any text, links, photos, video, messages, or other data or information (collectively, "Content") on or to the Site (including on or to your Public Profile), you automatically grant, and you represent and warrant that you have the right to grant, to BBC an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing; specifically, BBC may use the Content to deliver the Services, including but not limited to the transmission of the Content through the internet, the display of the Content on billboards or similar display media, and distribution of the Content on portable recorded media such as CDs or magnetic media. With your prior consent, we may use your actual name and photographs to promote use of the Site, identify you as a user of the Site and the BBC Service, for our marketing campaigns, and display the Content in prominent areas of the Site for promotional purposes.
(c) Right to Deny Posting. BBC recognizes and agrees that you are the owner of the Content that you in fact own and choose to Post on the Site, however, as a controller and distributor of the Content, we hold the license rights set forth above, and BBC also reserves the right to deny Posting, distribution or publication of any Member's Content for any reason.
12. BBC Intellectual Property Rights. Except as set forth in Section 11, all content on the Site, including but not limited to, graphics, logos, images, audio clips, images and artwork, the software and the system, are the sole and exclusive property of BBC, protected by copyright, trademark or other applicable intellectual property laws. Specifically, the BBC logos and names are trademarks of BBC. You agree not to display or use these trademarks in any manner without BBC's prior, written permission. Nothing in this Agreement is intended to grant you a license to these materials, except as expressly provided in this Agreement.
13. International Use. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules that apply to you in the country in which you reside, including but not limited to restrictions on distribution, importation or exportation of certain information, restrictions on access and use of certain websites, rules regarding online conduct and acceptable content.
16. Monitoring and Enforcement. While we have the right to monitor activity and content associated with the BBC Service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don't guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content or receive communications that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.
18. Disclaimers. YOU UNDERSTAND AND AGREE THAT THE BBC SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT BBC DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. BBC ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. BBC 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. YOU UNDERSTAND AND AGREE THAT BBC ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE OR DATA NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF E-MAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF. WE ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO ANY COMPUTER EQUIPMENT BELONGING TO ANY USER OF THE WEBSITE, ANY MEMBER, OR ANY OTHER PERSON RELATED TO OR RESULTING FROM USE OF THE WEBSITE, VIEWING, PLAYING OR DOWNLOADING ANY MATERIALS ON OR FROM THE WEBSITE, OR OTHERWISE IN ANY WAY IN CONNECTION WITH THE SERVICE. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE OR THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR FROM OR THROUGH THE WEBSITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.BBC MAKES NO WARRANTY THAT (i) THE BBC SERVICE OR SITE WILL MEET YOUR REQUIREMENTS, (ii) THE BBC SERVICE AND SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE BBC SERVICE WILL BE SATISFACTORY, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY LEADS, CONTACTS, PRODUCTS, SERVICES OR SERVICE PROVIDERS, INFORMATION, OR OTHER MATERIAL PROCURED, PURCHASED OR OBTAINED BY YOU THROUGH THE BBC SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL BBC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BBC SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BBC OR THROUGH OR FROM THE BBC SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
19. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BBC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BBC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL BBC'S TOTAL CUMULATIVE DAMAGES PAYABLE TO YOU EXCEED US $100.
20. Governing Law. This Agreement between you and BBC shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles.
22. Contact. Please send any questions or comments, or report violations of the Agreement to:
Butter Bomb Casting
Attn: Agreement Issues
8033 Sunset Blvd. #616
Los Angeles, CA 90046