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Terms and Conditions

Welcome to UPSTAGE! These Terms and Conditions (the "Terms") govern your access to and use of the UPSTAGE online casting platform, including any content, functionality, and services offered on or through www.upstagecasting.com (the "Platform"), owned and operated by [Your Company Name], a company registered under the laws of Thailand (hereinafter referred to as "UPSTAGE," "we," "us," or "our").

By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Payment Terms, which are hereby incorporated by reference. If you do not agree to these Terms, you must not access or use the Platform.

These Terms constitute a legally binding agreement between you and UPSTAGE.

1. Definitions

  • "Platform": Refers to the UPSTAGE online casting platform, including its website, mobile applications (if any), and related services.
  • "User", "You", "Your": Refers to any individual or entity accessing or using the Platform, including Talent and Casting Professionals.
  • "Talent": Refers to individuals (e.g., actors, models, voice artists, dancers) who register on the Platform to seek casting opportunities.
  • "Casting Professional": Refers to individuals or entities (e.g., casting directors, production companies, advertising agencies) who register on the Platform to post casting calls and find Talent.
  • "Content": Refers to any text, images, photos, audio, video, profiles, resumes, messages, or any other material submitted, posted, displayed, or linked to on the Platform by Users.
  • "Services": Refers to all features, functionalities, and services provided by UPSTAGE through the Platform.

2. Eligibility and Account Registration

2.1 Eligibility: You must be at least eighteen (18) years old or the legal age of majority in Thailand to use the Platform. By using the Platform, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding agreement.

2.2 Account Types:

  • Talent Accounts: For individuals seeking casting opportunities.
  • Hirer Accounts: For individuals or entities posting casting calls and seeking Talent.

2.3 Registration: To access certain features of the Platform, you must register for an account. You agree to:

  • Provide accurate, current, and complete information during the registration process.
  • Maintain and promptly update your account information to keep it accurate, current, and complete.
  • Maintain the confidentiality of your account password and notify us immediately of any unauthorized use of your account.
  • Be fully responsible for all activities that occur under your account.

2.4 Account Security: You are responsible for safeguarding your password and for any activities or actions under your password, whether your password is with our Service or a third-party service. UPSTAGE cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

3. Platform Services

3.1 For Talent: UPSTAGE provides a platform for Talent to:

  • Create and manage professional profiles, including headshots, resumes, demo reels, and other relevant information.
  • Browse and apply for casting calls posted by Casting Professionals.
  • Communicate with Casting Professionals regarding specific projects.

3.2 For Casting Professionals: UPSTAGE provides a platform for Casting Professionals to:

  • Post casting calls and manage applications from Talent.
  • Search and browse Talent profiles based on various criteria.
  • Communicate with Talent regarding potential projects and auditions.

3.3 Disclaimer on Bookings: UPSTAGE acts solely as a platform to connect Talent and Casting Professionals. We do not:

  • Act as an agent, employer, or representative of any User.
  • Guarantee any casting opportunities, bookings, or employment for Talent.
  • Guarantee the quality, reliability, or suitability of any Talent or Casting Professional.
  • Take responsibility for any agreements, contracts, or arrangements made directly between Users, including payment terms.

4. User Conduct and Responsibilities

4.1 General Conduct:

You agree to use the Platform in a manner consistent with all applicable laws and regulations in Thailand and these Terms. You shall not engage in any activity that interferes with or disrupts the Platform or the servers and networks connected to the Platform.

4.2 Prohibited Activities:

You agree not to:

  • Post, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
  • Upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
  • Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
  • Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the Platform.
  • Collect or store personal data about other Users without their explicit consent.
  • Attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any UPSTAGE server, or to any of the Services offered on or through the Platform, by hacking, password "mining," or any other illegitimate means.
  • Use any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Platform in a manner that sends more request messages to the UPSTAGE servers in a given period than a human can reasonably produce in the same period by using a conventional web browser.

4.3 Content Guidelines:

All Content submitted by you must be truthful, accurate, and not misleading. You are solely responsible for your Content and the consequences of posting or publishing it. UPSTAGE reserves the right, but is not obligated, to review, monitor, and remove Content that violates these Terms, though we do not undertake to review all Content.

5. Fees and Payments

Access to certain features or services on the Platform may require payment of fees. All fees are set forth in our separate Payment Terms, which form an integral part of these Terms. By using paid services, you agree to comply with the Payment Terms.

6. Intellectual Property Rights

6.1 UPSTAGE's IP: The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by UPSTAGE, its licensors, or other providers of such material and are protected by Thailand and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 Your Content IP: You retain all intellectual property rights in and to the Content you submit, post, or display on or through the Platform. However, by submitting, posting, or displaying Content on or through the Platform, you grant UPSTAGE a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such Content on and through the Platform solely for the purposes of operating and providing the Services. This license ends when you delete your Content or your account, unless your Content has been shared with others, and they have not deleted it.

6.3 Feedback: If you provide UPSTAGE with any suggestions, comments, or other feedback relating to the Platform or Services ("Feedback"), you grant UPSTAGE an unlimited, irrevocable, perpetual, royalty-free, and fully sublicensable right to use, modify, adapt, publish, distribute, and otherwise exploit the Feedback in any manner without any obligation or compensation to you.

7. Disclaimers

7.1 "As Is" Basis: THE PLATFORM AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. UPSTAGE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

7.2 No Guarantees: UPSTAGE DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. UPSTAGE DOES NOT WARRANT THAT THE PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UPSTAGE DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR SERVICES ON THE PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

7.3 No Legal, Medical, or Professional Advice: UPSTAGE does not provide legal, medical, or other professional advice. Any information provided on the Platform is for general informational purposes only and should not be relied upon as professional advice.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN THAILAND, IN NO EVENT WILL UPSTAGE, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

9. Indemnification

You agree to defend, indemnify, and hold harmless UPSTAGE, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, your Content, any use of the Platform's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Platform.

10. Termination

10.1 By UPSTAGE: We may terminate or suspend your account and access to the Platform immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. This includes, but is not limited to, violations of User Conduct, fraudulent activity, or failure to pay fees.

10.2 By You: You may terminate your account at any time by following the instructions on the Platform or by contacting our support team.

10.3 Effect of Termination: Upon termination, your right to use the Platform will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Governing Law and Dispute Resolution

11.1 Governing Law: These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Kingdom of Thailand, without regard to its conflict of law provisions.

11.2 Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be resolved through good faith negotiations between the parties. If the parties are unable to resolve the dispute amicably, it shall be submitted to the competent courts of Thailand.

12. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to 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 Platform after those revisions become effective, you agree to be bound by the revised terms.

13. Miscellaneous

13.1 Severability: If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.

13.2 Waive: No waiver by UPSTAGE of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of UPSTAGE to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

13.3 Entire Agreement:These Terms, together with the Privacy Policy and Payment Terms, constitute the sole and entire agreement between you and UPSTAGE regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

14. Contact Information

If you have any questions about these Terms, please contact us at:

Email: [support@upstagecasting.com] Address: [Your Company Address in Thailand]