vShowcards Ltd:Terms of Service
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://vShowcards.com website (the “Website”).
The Website is operated by vShowcards Ltd, a company limited by shares registered in England and Wales under company number 12604909 with its registered office at 75 Brookville Road, London SW6 7BH, England (“us”, “we”, or “our”).
These Terms of Service apply to you, the viewer or user of the Website and/or the Services (and ‘you’ ‘your’ and ‘yours’ shall be interpreted accordingly).
These Terms of Service were last updated on 08 July 2020.
Provision of Services
You may view the Website in accordance with these Terms of Service.
Upon payment of the relevant fees, we provide Services in relation to the Website, including the provision of information, materials and tools:
to enable you to:
create a card showcasing your talents and skills (a ‘vShowcard’);
display your vShowcard on the Website;
network and communicate with us and other users of the Website.
(the ‘vShowcards Service’).
to feature you as a trending artist if your vShowcard is [clicked on] in the top 20 of all the vShowcards available on the Website (the ‘Trending Artist Service’);
to enable you to collect vShowcards into a file and store them privately on the Website for you to access at all reasonable times (the ‘Casting Profiles Service’).
The vShowcards Service, the Trending Artist Service and the Casting Profile Service together constitute the ‘Services’.
Your access to and use of the Website and the Services is conditional upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Website and/or the Services, you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access any Services.
Purchases
If you wish to purchase any Services made available through the Website (a ‘Purchase’), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
As a condition of Purchase, you represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We aim to process applications for registration within two working days of receipt, but we do not guarantee access to the relevant Website or any Services within any particular timescale. Any registration period will commence when payment is received by us, or, for any free registration period, when we grant you access to the relevant Service(s).
We reserve the right to refuse or cancel your order for a Purchase at any time for reasons including but not limited to: product or availability of Services, errors in the description or price of any Services, error in your order or other reasons.
We reserve the right to refuse or cancel your order for a Purchase in case of fraud or an unauthorized or illegal transaction, whether suspected or proven.
Refunds
If you cancel within 14 days of Purchase and have not actively used any Service (for example you have not created a vShowcard [or received any contact from any employer or potential employer]), you may claim a full refund.
Content
Our vShowcards Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, showreels or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
Each of your vShowcards must at all times have a showreel featuring you as part of its Content. You may at any time replace your showreel. No vShowcard will be seen within the search function without a showreel. If at any time, your showreel is removed or becomes inoperative and is not immediately replaced, it will automatically be removed from the search function.
You agree to provide us with full details so that we can credit the author/creator of any image, sound, video or other content that you wish to use as Content on the Website.
By posting Content on or through the vShowcards Service, you represent and warrant that:
(i) the Content is yours (i.e. you own it) and/or you have the right :
to use the Content;
to grant us the rights and license to use it for the purposes of the provision of the Services as provided in these Terms of Service, and
to grant the rights and license to use it to other users of the Website; and
(ii) the posting of your Content on the Website or through the Services does not breach the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person or entity.
We reserve the right to terminate the provision of the Services and the registration of anyone found to be infringing any copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights.
However, by posting Content using the Services, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content, including any of your copyright, trademark rights or other intellectual property right, on the Website and through the Services. You agree that this license includes the right for us to make your Content available to other users of the Website and the Services, who may also use your Content subject to these Terms of Service, but with no right to sub-license them to any other person.
We take no responsibility and assume no liability for Content whether posted by you or by any third party on or through the Website and/or the Services.
We reserve the right but not the obligation to monitor and edit all Content provided by users, including by you.
You may amend your own Content at any time. You may not amend any other Content found on the Website or through the Services whether it is our property or used by us with permission of the owner or licensee.
You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us other than for personal employment as an actor or for the employment of an actor whose details are shown on a vShowcard.
Availability, Errors and Inaccuracies
The Content on the Website is constantly being updated, whether by us or by other users of the Website amending their Content. The information and Content on the Website may contain errors or inaccuracies and may not be complete or current. Services may be mispriced, described inaccurately, or unavailable.
We cannot guarantee the accuracy or completeness of any information found in relation to the Website or any of the Services, including any of the Content which may be provided by other users and third parties (eg profiles, job postings, advertisements and discussions in user forums) and cannot guarantee their accuracy or lawfulness.
We reserve the right, but are not obliged, to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
In particular:
you should not rely on any content or Service being available, accurate or complete;
you should not rely on our Services for storage or maintenance of your content or for important, sensitive or time-critical communications (eg using our messaging service);
and inclusion of information, advertisements or other content relating to other users or third party services or products does not constitute any recommendation or endorsement by us of the relevant user, services or products.
You may report to us if any content or communication appears unlawful, inaccurate or otherwise inappropriate, or if you have a negative experience with any other user or third party in relation to our Site or Services. We may, at our absolute discretion, investigate the matter and take such steps as we consider appropriate in the circumstances.
Registration
When you Purchase any of the Services or register on our Website, you guarantee that you are above the age of 18, and that the information and Content you provide to us is accurate, complete, and current. You agree that you will keep it accurate, complete and current at all times.
Inaccurate, incomplete, or obsolete information may result in the immediate termination of your registration on the Website and for any Services.
When you register and have chosen a password, you remain responsible for maintaining the confidentiality of your password, including but not limited to the restriction of access to your computer and/or password. You agree to accept responsibility for any and all activities or actions that occur under your name and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your name on our Website.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorisation. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate your subscription or registration for Services, remove or edit Content, or cancel orders in our sole discretion.
Intellectual Property
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are an owner of intellectual property rights, or authorised on behalf of one, and you believe that an Infringement has occurred, please submit your claim via email to [ [email protected] ] with the subject line: “Intellectual Property Infringement”.
You may be held accountable for damages (including costs and legal fees) for misrepresentation or bad-faith claims on the infringement of any Content found on the Website and/or through the Services whether in relation to Content that you have provided or in relation to third party Content that has infringed any copyright.
The copyright in the Services and its original Content (excluding Content provided by users), features and functionality are and will remain our exclusive property and its licensors. The copyrights in the Services and their original Content is protected by English law copyright and trademarks, and the copyright laws of foreign countries. Our trademarks and trade names may not be used in connection with any product or service without our prior written consent.
Links To Other Websites
Our Services may contain links to third party websites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.
We strongly advise you to read the Terms of Service and privacy policies of any third party websites or services that you visit.
Termination
We may terminate or suspend your registration and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms of Service.
If you wish to terminate your registration, you may simply take down your vShowcards and/or discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability and governing law.
Indemnification
You agree to defend, indemnify and hold harmless us, our licensees and licensors, and our respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees), resulting from or arising out of a) your use and access of the Website and the Services, by you or any person using your name and password; b) a breach of these Terms of Service; or c) Content posted by you or in your name on the Website.
Disclaimers
Your use of the Services is at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Any communications, contracts or other arrangements between you and other users or third parties are your responsibility. Whilst our Services may facilitate such dealings, we are not responsible for them. This includes any arrangements for auditions, roles, jobs, payment and delivery of services.
No Guarantee of Jobs
You acknowledge that the decision to offer you jobs or appointments rest with the casting directors, agents and other employers and the availability of such jobs is affected by the state of the industry as a whole. We cannot guarantee you work nor that employers who view your profile will call you in for an audition or interview.
It is your responsibility to ensure that any job or appointment offered by anyone is acceptable to you. We are unable to verify or provide any assurance relating to the nature or duration of, or payment for any such job or appointment.
Limitation Of Liability
Nothing in these terms shall limit or exclude our liability for death or personal injury caused by our negligence, our fraud or fraudulent misrepresentation.
Subject to the above, we shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms of Service for:
loss of profits;
loss of sales or business;
loss of agreements or contracts;
loss of anticipated savings;
loss of or damage to goodwill;
loss of use or corruption of software, data or information; or
any indirect, incidental, special, consequential or punitive damages,
resulting from: (i) your access to or use of or inability to access or use the Website or the Services; (ii) any conduct or content or Content of any third party in relation to the Website or the Services; (iii) any Content obtained from or through the Services; or (iv) unauthorized access, use or alteration of your transmissions or content or Content, whether based on warranty, contract, tort (including negligence) or any other legal principle or law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
If you have made a Purchase, subject to the above, our total liability to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms of Service shall be limited to 100% of the fee paid by you for the Purchase in the 12 month period immediately preceding the date the liability arose.
Other than in respect of death or personal injury or fraud perpetrated by us, we exclude all liability directly or indirectly caused by us or from use of our Website or Services, to users of our Website or Services who have not made a Purchase.
Disclaimers
Your use of the Services is at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Neither we, nor any of our shareholders, directors or officer, nor any subsidiaries, affiliates or licensors warrant that a) any Service will function uninterruptedly or securely or be available at any particular time or location; b) any errors or defects will be corrected; c) any Service is free of viruses or other harmful components; or d) the results of using the Website or any Service will meet your requirements.
Nothing in these Terms of Service creates any partnership or agency between you and us, nor are we the agents of any other user of the Services.
Governing Law and Jurisdiction.
These Terms of Service, any non-contractual obligations and any dispute or claim arising out of or in connection with them are governed by the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction to hear any disputes arising from them.
Force Majeure
We shall not be in breach of these Terms of Service, nor liable for any delay in performing or failing to perform the Services or any of our obligations under these Terms of Service if such delay or failure results from events, circumstances or causes beyond our reasonable control.
Entire Agreement
These Terms of Service, including any additional provisions incorporated by reference, constitute the entire agreement between you and us with respect to your access to and use of the Website or the Services and supersede all prior agreements, negotiations and discussions between you and us relating to the subject matter.
Neither you nor we shall have any remedies in respect of any statement, representation or assurance that is not set out in these Terms of Service, nor any claim for innocent or negligent misrepresentation based on any statement in these Terms of Service.
Our failure to enforce any right or provision of these Terms of Service will not be considered a waiver of those rights. If any provision of these Terms of Service is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms of Service at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Website or Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms of Service, please contact us at [ [email protected] ].
