This website (the Website) is owned and operated by Global India Talent Pty Limited (us, we or our, which shall include our officers, employees, agents or related bodies corporate). Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions and disclaimers contained herein, the Terms of Sale and the Privacy Policy as well as any other terms, conditions and disclaimers on any page of the Website. Your use of the Website and/or your application for use of this Website constitutes your acknowledgement that you have read and agreed to these Terms of Use.

These Terms of Use are a legal document, creating legal rights and obligations that affect you. By applying for Member submitting Content, you will be agreeing to these Terms of Use. Therefore, it is very important that you understand the Terms of Use before you decide to participate in the Website.

1. INTRODUCTION

1.1. We are inviting eligible talent and casting agents (you) to register submit information or other material on the Website (including, but not limited to, posting casting calls, messages, uploading pictures, resumes or entering data) (Content) to feature on the Website.

1.2. Our aim is to provide a framework through which authorised casting agents may cast their projects and have access to talent generally in their region and worldwide.

1.3. In these Terms of Use:
(a) User Access shall mean authorised access to the Website.
(b) Promotional Materials shall mean any promotional material relating to or created for the purpose of advertising, promoting or exploiting the Website.
(c) Subscription Fee shall be the amount indicated on the Website.
(d) Subscription Term shall be the period indicated on the Website.

2. USER ACCESS RULES

2.1. User Access will be restricted by a username and password or other secure technology. You acknowledge that you are responsible for all acts, instructions or requests made by your User Access. You are responsible for loss caused by the use of your User Access, whether carried out by you or a third party. You agree to immediately notify us of any unauthorised use of your User Access or any other breach of security of which you become aware.

2.2. If you are under 18 years of age, you must obtain your parent or guardian's consent prior to using the Website and/or applying for User Access, subject to all applicable laws.

2.3. If you are an employee of a company or other entity, you must have the authority to accept these Terms of Use on behalf of your employer.

2.4. User Access may not be used to solicit goods or services or publish any material containing advertising without our written consent.

2.5. When using the Website, you must be considerate of the expectation and sensitivities of others using the Website when posting material for electronic distribution. You must not use the Website for pornographic purposes, to impersonate another person, misrepresent authorisation to act on behalf of others or us, or for any illegal purpose.

2.6. You must not attempt to undermine the security or integrity of the Website and must not attempt to gain unauthorised access.

2.7. You must not breach any privacy laws particularly in respect of the release of personal details available on the Website.

2.8. You may not assign or transfer your rights or benefits under these Terms of Use to any other person or entity without our prior written consent.

2.9. We reserve the right to use personal email addresses for the purpose of billing and for contact with the user from time to time, in accordance with our Privacy Policy.

3. CONTENT RULES

The following rules are very important, and are designed to exclude any content which is harmful or which could give rise to any legal liability for any person. Please read them very carefully.
3.1. You must comply with all applicable laws in respect of your Content.
3.2. Your Content may consist of:
(a) photographs
(b) resumes
(c) casting call / production details
(d) contact details
3.3. Your Content may not:
(a) contain moving images;
(b) sound;
(c) be in a language other than English;
(d) include company, business or product names, trademarks or logos other than those that are owned by you;
(e) promote goods or services (whether your own, or those of someone else);
(f) contain copyright material or an image of any person or place, unless you have obtained the written permission of the rights holder(s) for such material before using the same as to allow us to use your Content in all the ways described herein.
(g) contain offensive, obscene, illegal or inappropriate content, including but not limited to content which is pornographic or sexually explicit, content promoting alcohol, drugs, tobacco, weapons , racist or sexist content, content that is threatening, or content that promotes or incites violence or harm to persons or animals;
(h) contain any defamatory content, or content that is false, misleading, deceptive or disparaging about any person, company, business or place;
(i) contain confidential information or content which invades the privacy of any person;
(j) promote a political agenda.

3.4. All material found on the Website, including information, text, layout, design, graphics, photographs, software, application logic and process flow is protected by both Australian and international copyright and/or trade mark law and you must not modify, copy, reproduce, frame, download, upload to a third party, transmit or distribute in any way any such material other than your Content other than in accordance with the Terms of Use.

3.5. You agree that we shall be under no obligation to include your Content on the Website or in any Promotional Materials and we shall have no liability whatsoever to you or any other person for non-inclusion or non-exploitation as referred to in this clause.

4. LICENCE

4.1. By placing any information or other material on the Website (including but not limited to posting messages, uploading pictures, resumes or entering data) (Content), you grant to us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Content:
(a) use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display your Content on the Website or in any Promotional Materials; and
(b) sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

4.2. The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly grant in our favour and any other party authorised by us all moral rights and any similar rights in any jurisdiction that you may have or hereafter acquire in respect of any relevant communication or other material. At our request, you will execute and deliver to us such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

4.3. You acknowledge and agree that neither you nor any other person will be entitled to any payment or other consideration whatsoever for or in connection with:
(a) the featuring of your Content on the Website or in any Promotional Materials; or
(b) any use or exploitation of your Content in accordance with the foregoing licence or otherwise in accordance with these Terms of Use.

5. REGISTRATION

5.1. Submission. You may register your details, and if applicable, upload your Content on the appropriate page of the Website. By submitting Content, you will be accepting and agreeing to these Terms of Use and representing and warranting to us that:
• you and your Content satisfy the eligibility requirements, including the User Access Rules and Content Rules;
• all of the information provided by you to us is true and complete;
• by entering into this agreement with us, including granting us the licence in relation to your Content you will not be breaching any agreement you have with any person; in particular, you have not entered into any agreement which would require us to make any payment to you or any third party for using your Content in accordance with these Terms of Use;
• to the best of your knowledge and belief, your Content does not infringe any rights of any person (including any rights of confidentiality and/or privacy, any moral rights, any copyright or other intellectual property rights); and
• you are not aware of any complaint, threat or claim by any person threatened with respect to your Content.

5.2. Review. Your information and any Content will be reviewed by us following submission. In submitting a registration request, you agree that the decisions whether to accept your application and/or to include any Content on the Website will be made by us in our sole discretion. You also agree that these decisions will be final and binding. We will not give any reasons for the selection or inclusion or failure to select and application or include any Content; and that we will not enter into correspondence with you, or anyone on your behalf, as to those matters. You agree that we will not have any obligation to return any copy of your Content and we shall be entitled to destroy any or every copy of your Content that we hold if no longer required by us.

5.3. Notification of acceptance and request for documents and information. We may ask you to provide certain information /or edits to your Content and/or documents and within 10 working days of your initial submission. If we are unable to contact you through the email address you have provided, we will have no obligation to try to contact you by other means, and your application will not progress through the acceptance process and will not be considered further.

5.4. Provision of documents, information and materials. If we ask you to provide third party permission documents, additional information, edits, or the highest resolution copy (physical or digital) of your Content that is available, you will have 5 working days from the date of request. If you are not able to provide any documents, information, edits or materials within this timeframe, your Content may not be further considered for possible inclusion in the Website.

5.5. Notification of acceptance of your application. You will be notified only in the event your application and any Content has been accepted at the email address you have provided within 10 working days of receipt any additional documents, information or materials (or 10 working days of submission if no additional materials are requested).

5.6. Payment of the Subscription Fee: You will have access to the Website and if you have supplied any Content, it will be featured on the Website, within 5 working days of our receipt of the Subscription Fee for the duration of the applicable Subscription Term.

6. DISCLAIMER

6.1. You expressly agree that use of the Website is at your sole risk. The Website and related services (the Service) is provided on an "as is" and "as available" basis. We expressly disclaim any and 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.

6.2. We make no warranty that the Service will meet your requirements, nor that the Service will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the software will be corrected.

6.3. No advice or information, whether oral or written, obtained by you from or through the Service shall create any warranty not expressly made in these Terms of Use

7. WAIVER / BREACH

7.1. You hereby waive, release, forgive, discharge and relinquish any and all claims that you now have or may have against us that are connected with, arise out of, relate to or are incidental to use of the Website.

7.2. To the maximum extent permitted by applicable law, you agree that we will have no liability:
(a) for incorrect or inaccurate entry of information or other human error (whether act or omission), machine error or technical malfunction, lost/delayed data transmission, service interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination of the foregoing; any inability or delay in accessing Website; any inability or delay in uploading any Content or downloading any related materials from the Website; for any loss of, or damage to, any Content or for any incorrect or incomplete reproduction, transmission or communication of any Content (and for the purposes of the foregoing, references to "Content" include any copies of your Content which you provide or we make);
(b) for any economic loss including loss of profits, loss of goodwill or business or professional reputation or special, indirect or consequential losses suffered or incurred by you; or
(c) arising out of, or in connection with, these Terms or Use.

7.3. Our liability for a breach of any conditions or warranty implied by the (Cth) (formerly the Trade Practices Act 1974 (Cth) or any similar state or territory legislation in Australia which cannot be excluded, is limited to any one or more of the following determined by us in our sole discretion:
(a) in the case of goods:
(i) the replacement or repair of the goods;
(ii) the supply of equivalent goods; or
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods or repairing the goods; and
(b) in the case of Service:
(i) supplying of the Service again; or
(ii) the payment of the cost of having the Service supplied again.

8. INDEMNITY

8.1. You hereby agree to indemnify, defend and hold us harmless from and against any and all claims, loss, damage, tax, liability and/or expense (including but not limited to legal costs) that we may incur arising out of your use of the Website, the violation of these Terms of Use by you, or the infringement by you, or other user of the Website using your User Access, of any intellectual property or other right of any other person or entity.

9. TERMINATION

9.1. We reserve the right to refuse registration or to cancel such a registration at its own discretion without notice, whether or not your conduct is inconsistent with these Terms of Use.

9.2. User Access removed for contravening the Terms of Use will not be eligible for a refund of any Subscription Fees paid.

9.3. Should you object to any of these Terms of Use or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately:
(a) discontinue use of the Service; and
(b) terminate your User Access by notifying us.

10. AMENDMENT

10.1. We reserve the right to amend the Terms of Use at any time without notice. Given that these Terms of Use are subject to change, please periodically refer to this document to acquaint yourself with any changes. Any amendment shall be effective immediately upon notice by email and/or posting on the Website. Your continued use of the Website constitutes an affirmative:
(a) acknowledgment by you to these Terms of Use and any modifications; and
(b) agreement by you to abide and be bound by these Terms of Use, including any modifications.

10.2. Features currently in existence on the Website are in no way a representation of future content. We reserve the right to add or remove features to this Website.

11. LINKS

11.1. The Website may contain hyperlinks to third party websites. Any hyperlinked website is provided as a convenience only, and the inclusion of any hyperlink does not imply our endorsement of the linked website. Such third party websites, including any products, services or information contained therein are not provided by us or under our control, and your legal relationship is directly with the third party website owner.

12. GENERAL

12.1. No Assignment. The rights granted to you and obligations imposed on you under these Terms of Use are personal to you. You may not assign, transfer, sub-license or deal in any other way with those rights and obligations.

12.2. Entire Agreement. These Terms of Use, the Terms of Sale and the Privacy Policy constitute the entire agreement between you and us.

12.3. Governing Law. These Terms of Use are governed by the laws of the State of New South Wales in Australia and you and we irrevocably submit to the exclusive jurisdiction of the Courts of that State in respect of any dispute or claim arising out of or in connection with these Terms of Use (including non-contractual disputes or claims).

12.4. Severability. If in any circumstances any provision of these Terms of Use is invalid, void or unenforceable under the law, rules or regulations of a particular country, such invalidity or unenforceability shall in no way affect any other provision of these Terms of Use. Any such provision may be read down to the extent necessary to render it valid and enforceable in the applicable circumstances and in the relevant jurisdiction.

12.5. Cancellation, modification or suspension of the Website. We may at any time, in our sole discretion, cancel, modify, or suspend the Website (or any portion thereof) due to an event, or for reasons, beyond our control. If any such cancellation, modification or suspension of the Website occurs you will be notified:
• by way of updates on the Website; and
• by way of email if your registration has been accepted.

12.6. Fiduciary and other relationships and reliance excluded. You acknowledge and agree that there is no confidential, fiduciary or special relationship between you and us and that you have not relied on any representation, promise or inducement made by us or on our behalf other than as expressly set out in these Terms of Use.

13. INQUIRIES

If you have any questions about these Terms of Use, you can contact:
Global India Talent Pty Limited
Attn: Anupam Sharma
FSA #6, FOX STUDIOS Driver Avenue,
Moore Park 2021 NSW
Australia

Email: admin@globalindiantalent.com
Telephone: +61 2 9383 4151

 

 

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THE GLOBAL INDIAN TALENT WEBSITE IS A DATABASE ONLY AND DOES NOT SEEK OR FIND WORK OPPORTUNITIES FOR THE PERFORMER NOR PROVIDE ANY OTHER SERVICES WITHIN THE MEANING OF A PERFORMER REPRESENTATIVE UNDER s5 OF THE ENTERTAINMENT INDUSTRY ACT 2013 of Australia