Terms of Service
Last updated: Nov 25, 2022
This End User License Agreement and Terms of Service (this “EULA”) is a binding contract between you, an individual user (“you”) and Industry Auditions PTY LTD. (“Industry Auditions,” “we,” “us” or “our”) governing your use of the mobile software applications that Industry Auditions makes available for download (individually and collectively, the “App”), the related website located at www.industryauditions.com. BY INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, THEN YOU SHOULD NOT USE THE SERVICE.
1. GENERAL TERMS OF SERVICE
a. Changes to this EULA. You understand and agree that we may change this EULA at any time without prior notice. The revised EULA will become effective at the time of posting unless specified otherwise. Any use of the Service after the effective date will constitute your acceptance of such revised EULA. If you find any change to this EULA or the Service unacceptable, then your sole remedy is to stop accessing, browsing, and otherwise using the Service.
c. Jurisdictional Issues. The Service is controlled and operated by Industry Auditions from its offices in Queensland, Australia. Industry Auditions makes no representation that materials on the Service are appropriate, lawful, or available for use in any locations other than Australia. Those who choose to access or use the Service from locations outside of Australia do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized, or penalized is strictly prohibited.
2. THE SERVICE
a. Description. The Service provides you with the opportunity to learn about upcoming auditions within the performing arts industry. You can also use the service to track your auditions, browse company and agency profiles and read articles in the Industry Hub.
b. Mobile Services. The Service will be accessible via a mobile phone, tablet, or other wireless device (collectively, “ Mobile Services”). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you.
a. Log-In Credentials. While you may always browse the public-facing portions of the Service without registering with us, in order to enjoy the full benefits of the Service, you must download the App and register an account with us (an “Account”).
b. Account Security. You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You may not share the credentials for your Account with any third party. You agree to notify Industry Auditions immediately at email@example.com if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. Industry Auditions will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying us of such unauthorized use or loss of your credentials.
c. Accuracy of Information. When creating an Account, you will provide true, accurate, current, and complete information to Industry Auditions. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of this EULA, cause damage to or impair the Service, infringe or violate any third party rights, damage or bring into disrepute the reputation of Industry Auditions, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then Industry Auditions may terminate your Account immediately without notice and without any liability.
4. SUBSCRIPTIONS AND PAYMENT
a. Initial Subscription Payment. To enjoy the full benefits of the Service, you must purchase a subscription to the Service. You will be charged the stated subscription fee and any applicable taxes and service fees upon enrollment.
b. Automatically Renewable Subscriptions. By purchasing a subscription to the Service, you agree that, upon expiration of the initial subscription term, your subscription will automatically renew for successive periods of the same duration as the initial subscription unless and until you cancel your subscription.
c. Cancellation. You may cancel your subscription to the Service at any time, after which Industry Auditions will not automatically renew your subscription.
d. Recurring Charges. YOU AUTHORIZE INDUSTRY AUDITIONS TO CHARGE YOUR ACCOUNT USING THE PAYMENT METHOD ON FILE FOR YOU TO PAY FOR ANY RENEWAL SUBSCRIPTION. You will be billed for the same subscription plan (or the most similar subscription plan, if your prior plan is no longer available) at the then-current applicable subscription price plus any applicable taxes. We will process payment for any renewal subscription using the same billing cycle as your current subscription. Additional terms and conditions may apply upon renewal, and subscription fees may change at any time, to the fullest extent permitted under applicable law.
e. Refund Policy. Any payment made through the Google Play Store is refundable on a case-by-case basis. To request a refund, click here or reach out to us at firstname.lastname@example.org. For payments made via Apple’s App Store, refunds are subject to Apple’s terms and conditions. If a subscription is refunded, that subscription may be canceled, and access to the service may be terminated immediately. Following any cancellation without a refund, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“Credits”). The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion.
f. Price Promotions. At the end of any promotion, Industry Auditions may, at its sole discretion, revert a member’s price per period to the current standard retail pricing for that membership type. Industry Auditions may also discontinue certain pricing promotions at any time at its sole discretion.
g. Third Party Subscriptions. If you receive access to the Service through a third party, such as an employer (a “Third Party Subscriber”), your use of and access to the service may be subject to the terms of agreements entered into by the Third Party Subscriber as well as this EULA. Please consult with the Third Party Subscriber for details.
5. INTELLECTUAL PROPERTY RIGHTS
a. License. Subject to your complete and ongoing compliance with this Agreement, Industry Auditions hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service solely for your personal, non-commercial use. Industry Auditions reserves all rights not expressly granted to you.
b. Content. Except for User Content, the content that Industry Auditions provides to end users on or through the Service, including without limitation, any Class (including the programming of such Class), text, graphics, photos, software, sound recordings (and the musical works embodied therein), and interactive features, may be protected by copyright or other intellectual property rights and owned by Industry Auditions or its third party licensors (collectively, the “Industry Auditions Content”). You may not copy, reproduce, upload, republish, broadcast, transmit, retransmit, Post, modify, create derivative works of, publicly perform, publicly display, use for commercial purpose or distribute any materials from the Service without prior express written permission of the owner of such material or as permitted by the Service’s intended functionalities. Your use of Industry Audition Content must be in compliance with applicable law.
c. Marks. Industry Auditions trademarks, service marks, and logos (the “ Industry Auditions Trademarks”) used and displayed on the Service are Industry Audition’s registered and unregistered trademarks or service marks. You may not use any Trademarks as part of a link to or from the Service without Industry Auditions’s prior express written consent. You may not remove any Trademarks identifying the ownership or origin of any Industry Audition’s Content. All goodwill generated from the use of any Industry Auditions Trademark will inure solely to Industry Audition’s benefit.
6. USER CONTENT
a. Screening User Content. Industry Auditions offers end users the ability to submit User Content to or transmit User Content through the Service. Industry Auditions does not pre-screen any User Content but reserves the right to remove, disallow, block, or delete any User Content in its sole discretion. Industry Auditions does not guarantee the accuracy, integrity, appropriateness, availability, or quality of any User Content, and under no circumstances will Industry Auditions be liable in any way for any User Content.
b. Licenses to User Content. While you retain ownership of any rights you may have in your User Content, you hereby grant Industry Auditions an unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Sites, and otherwise exploit and use (collectively, “ Use”) all or any part of all User Content you Post to or through the Service by any means and through any media and formats now known or hereafter developed, for the purposes of (i) advertising, marketing, and promoting Industry Auditions and the Service; (ii) displaying and sharing your User Content to other users of the Service; and (iii) providing the Service as authorized by this EULA. You further grant Industry Auditions a royalty-free license to use your user name, image, and likeness to identify you as the source of any of your User Content. Any User Content posted by you to or through the Service or transmitted to Industry Auditions will be considered non-confidential and non-proprietary, and treated as such by Industry Auditions, and may be used by Industry Auditions in accordance with this EULA without notice to you and without any liability to Industry Auditions.
c. You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in this EULA; (ii) the Posting and Use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, including, but not limited to, the rights of any person visible in any of your User Content; (iii) the Posting of your User Content on the Service will not require us to obtain any further licenses from or pay any royalties, fees, compensation, or other amounts or provide any attribution to any third parties; and (iv) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of your Posting your User Content on the Service.
d. Waiver of Rights to User Content. By Posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain, or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Service.
7. RESTRICTIONS ON USE OF SERVICE
a. In addition to any other restrictions set forth in this EULA, and without limiting those restrictions, when using the Service, you agree not to: make unauthorized copies or derivative works of any content made available on or through the Service (including making more than one copy on any devices owned, controlled or in possession of any User and only as permitted by the functionality of the Service); use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; attempt to decipher, decompile, disassemble, or reverse engineer any of the software or source code comprising or making up the Service; delete or alter any material Industry Ausitions or any other person or entity Posts on the Service; frame or link to any of the materials or information available on the Service; alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available; use any trademarks, service marks, design marks, logos, photographs, or other content belonging to Industry Auditions or obtained from the Service; provide any false personal information to Industry Auditions; create a new account with Industry Auditions, without Industry Audition’s express written consent, if Industry Auditions has previously disabled an account of yours; solicit or collect personal information from other Users; disclose personal information about a third person on the Service or obtained from the Service without the consent of that person; use the Service to send emails or other communications to persons who have requested that you not send them communications; use the Service, without Industry Audition’s express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; or violate any applicable federal, state, or local laws or regulations or the terms of this EULA.
8. EXTERNAL SITES
The Service may contain links to, or the ability to share information with, third party websites (“External Sites”). Industry Auditions does not endorse any External Sites or the content made available on such External Sites. Industry Auditions is not responsible for the content of any External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You agree that Industry Auditions will have no liability to you arising from your use, engagement, exposure to, or interaction with any External Sites.
While we are continually working to develop and evaluate our own product ideas and features, we know we don’t have all the answers. We therefore welcome your feedback, comments, and suggestions. If you choose to contribute by sending Industry Auditions any ideas (“Feedback”), then regardless of what your accompanying communication may say, the following terms will apply. Accordingly, by sending Feedback to Industry Auditions, you agree that: a. Industry Auditions has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; b. Feedback is provided on a non-confidential basis, and Industry Auditions is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and c. You irrevocably grant Industry Auditions perpetual and unlimited permission to Use the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
10. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENTS
a. Respect of Third Party Rights. Industry Auditions respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our users to do the same.
b. Repeat Infringer Policy. Industry Audition’s intellectual property policy is to (i) remove or disable access to material that Industry Auditions believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service; and (ii) remove any User Content uploaded to the Service by “repeat infringers.” Industry Auditions considers a “repeat infringer” to be any user that has uploaded User Content or Feedback to or through the Service and for whom Industry Auditions has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content or Feedback. Industry Auditions has discretion, however, to terminate the Account of any user after receipt of a single notification of claimed infringement or upon Industry Audition’s own determination.
c. Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “ Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your Notification of Claimed Infringement may be shared by Industry Auditions with the user alleged to have infringed a right you own or control, and you hereby consent to Industry Auditions making such disclosure. Your communication must include substantially the following: i. A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed; ii. Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works; iii. Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Industry Auditions to locate the material; iv. Information reasonably sufficient to permit Industry Auditions to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; v. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
d. Designated Agent Contact Information. Industry Audition’s designated agent for receipt of Notifications of Claimed Infringement (the “ Designated Agent”) can be contacted at:
Via E-mail: email@example.com
Via Mail: PO BOX 703, Broadbeach, Queensland, Australia, 4218
e. Counter Notification. If you receive a notification from Industry Auditions that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Industry Auditions with what is called a “ Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Industry Audition’s Designated Agent through one of the methods identified in Section 10.d and include substantially the following information: i. A physical or electronic signature of the subscriber; ii. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; iii. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and iv. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of Australia, then for any judicial district in which Industry Auditions may be found, and that the subscriber will accept service of process from the person who provided notification under Section 10.d above or an agent of such person.
f. Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to Industry Auditions in response to a Notification of Claimed Infringement, then Industry Auditions will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Industry Auditions will replace the removed User Content or Feedback or cease disabling access to it in 10 business days, and Industry Auditions will replace the removed User Content or Feedback and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Industry Audition’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Industry Audition’s system or network.
g. False Notifications of Claimed Infringement or Counter Notifications . The Copyright Act provides that:
[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of Industry Auditions relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. 17 U.S.C. § 512(f).
Industry Auditions reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
11. DISPUTE RESOLUTION
a. General. You and Industry Auditions agree that any dispute arising out of or in any way related to this EULA or your use of the App, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this EULA, will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND INDUSTRY AUDITIONS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
b. Exceptions. Notwithstanding Section 11.a above, nothing in this EULA will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
c. No Class Actions. YOU AND INDUSTRY AUDITIONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Industry Auditions agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
e. Enforceability. If Section 11.f above is found to be unenforceable or if the entirety of this Section 11 is found to be unenforceable, then the entirety of this Section 11 will be null and void.
12. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
a. INDUSTRY AUDITIONS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “INDUSTRY AUDITIONS PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE. THE INDUSTRY AUDITIONS PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO ANY USER, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE SERVICE.
b. THE INDUSTRY AUDITIONS PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE, OR THAT THE SERVICE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THEN NO INDUSTRY AUDITIONS PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
c. THE SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, THE INDUSTRY AUDITIONS PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
d. IN NO EVENT WILL ANY INDUSTRY AUDITIONS PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH INDUSTRY AUDITIONS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. TERM AND TERMINATION OF THE EULA
a. Term. As between you and Industry Auditions, the Term of this EULA commences as of your first use of the Service and continues until the termination of this EULA by either you or Industry Auditions.
b. Termination. You may terminate this EULA by sending written notification to Industry Auditions at firstname.lastname@example.org, deleting the App from your mobile device, and terminating all other uses of the Service. Industry Auditions reserves the right, in its sole discretion, to restrict, suspend, or terminate this EULA and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of this EULA. Industry Auditions may further terminate this EULA for any other reason upon ten (10) days’ notice to you using the email address associated with your account credentials. Industry Auditions reserves the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability.
c. Sections 1, 3.b, 5.b, 5.c, 6.d, 6.e, 6.f, 7, 9 – 11, 15, 16.c, and 17 – 20 and all defined terms used therein will survive the termination of this EULA indefinitely.
14. CONSENT TO ELECTRONIC COMMUNICATIONS
NOTICE REGARDING APPLE. You acknowledge that this EULA is between you and Industry Auditions only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA.
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