Terms of Service

These Terms of Service (the “Terms”) apply to the FilmBustr website at filmbustr.com and all associated sites and services operated by FilmBustr (collectively, the “Service”). The Service is operated as a sole proprietorship by Diego Ravelo (“FilmBustr,” “we,” “us,” or “our”). BY CREATING AN ACCOUNT OR USING THE SERVICE, YOU AGREE TO THESE TERMS AND TO OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

These Terms include important limitations on our liability and require you to take responsibility for your own safety when you communicate, meet, or work with other users. Please read them carefully.

Ownership of the Service; Agreement to These Terms

The Service, and all Content on it, is the property of FilmBustr and its licensors. FilmBustr reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Service following the posting of changes means that you accept and agree to the changes. As long as you comply with these Terms, FilmBustr grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Service.

Eligibility

You must be at least 18 years old to use FilmBustr. By using the Service, you represent that you are 18 or older, that the information you provide is accurate, and that you will keep it current. FilmBustr does not verify the identity, age, school affiliation, background, or qualifications of any user, and the school shown on a profile is self-selected and unverified.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork, and computer code (collectively, “Content”), including the design, structure, selection, coordination, expression, “look and feel,” and arrangement of that Content that is provided by FilmBustr, is owned, controlled, or licensed by or to FilmBustr, and is protected by trade dress, copyright, patent, and trademark laws and various other intellectual property and unfair-competition laws. This does not include content that users post, which is covered by the User Content section below.

Except as expressly provided in these Terms, no part of the Service and no FilmBustr Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without FilmBustr’s express prior written consent.

FilmBustr grants you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. You may not modify, distribute, or create derivative works from the Service without our permission.

Your Use of the Service

You may use the Service only for lawful purposes and in accordance with these Terms.

You may not use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any part of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service, to obtain or attempt to obtain any materials or information through any means not purposely made available through the Service. FilmBustr reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any part or feature of the Service, or to any other systems or networks connected to the Service, by hacking, password “mining,” or any other illegitimate means. You may not probe, scan, or test the vulnerability of the Service or any network connected to it, nor breach its security or authentication measures. You may not reverse look-up, trace, or seek to trace any information on any other user of the Service, including any account not owned by you, or exploit the Service in any way where the purpose is to reveal information other than your own.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or our systems or networks. You agree not to use any device, software, or routine to interfere with the proper working of the Service or with any other person’s use of the Service. You may not forge headers or otherwise manipulate identifiers to disguise the origin of any message you send to us, and you may not pretend to be, or to represent, someone else, or impersonate any other individual or entity.

In addition, you agree that you will not:

• Post false, misleading, or fraudulent information, including fake casting calls, fake profiles, or misrepresented projects;
• Harass, threaten, bully, stalk, or abuse any person;
• Post or request sexual, exploitative, or explicit content, or use the Service to solicit sexual conduct;
• Post content that is unlawful, defamatory, or hateful, or that infringes someone else’s intellectual property or privacy;
• Ask any user to pay you or a third party to apply, audition, or be considered for a role, or run pay-to-apply or pay-to-play schemes;
• Use the Service to spam, to advertise unrelated products or services, or to recruit for anything outside the purpose of the FilmBustr community.

We may investigate suspected violations and take any action we consider appropriate, including removing content, issuing warnings, and suspending or terminating accounts, and we may report activity to law enforcement.

What FilmBustr Is (and Isn’t)

FilmBustr is a platform that helps student and early-career actors, filmmakers, and creators find each other and coordinate casting for student and independent projects. FilmBustr is a neutral venue. WE ARE NOT A TALENT AGENCY, AN EMPLOYER, A CASTING DIRECTOR, A PRODUCTION COMPANY, OR A PARTY TO ANY ARRANGEMENT BETWEEN USERS. We do not screen, endorse, employ, or supervise users, casting calls, or projects, and we make no promise that you will be cast, find talent, get paid, or have any particular experience.

Our obligations, if any, with regard to the Service are governed solely by these Terms. We may change or discontinue any feature of the Service at any time, without notice. The materials on the Service may be out of date, and we make no commitment to update them.

Other Terms That May Apply

Additional terms may apply to specific features of the Service, including any future paid tools, contests, or promotions, and any Community Guidelines or other policies we post. Those terms are made a part of these Terms by this reference, and you agree to abide by them. If there is a conflict between these Terms and the terms posted for a specific feature, the feature-specific terms control with respect to that feature. Each of these policies may change from time to time and is effective immediately upon posting.

Accounts, Passwords, and Security

Certain features of the Service require you to open an account. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify us immediately at contact@filmbustr.com of any unauthorized use of your account or password or any other breach of security. You may be held liable for losses incurred by FilmBustr or any other user due to someone else using your account as a result of your failure to keep your information secure and confidential.

You may not use anyone else’s account without the express permission of the account holder. FilmBustr cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

User Content

You keep ownership of the content you post. That includes your profile, media, self-tapes, casting calls, messages, and other materials (“User Content”). By posting User Content, you grant FilmBustr a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, and distribute that content for the purpose of operating and providing the Service, for example showing your headshot on your profile or your self-tape to a casting call you applied to. This license ends when you delete the content or your account, except for copies retained as described in our Privacy Policy or as required by law, and except that content already shared with other users may remain in their records.

You are solely responsible for your User Content, and you represent that you have the rights to post it and that it does not violate these Terms or any law.

Safety; Meeting Other Users; Assumption of Risk

FilmBustr helps people connect, but communications, auditions, rehearsals, shoots, and any in-person meetings between users happen at your own risk. FilmBustr does not conduct background checks and does not vet, screen, or verify users, casting calls, projects, or locations.

You are responsible for your own safety. We strongly encourage you to verify who you are dealing with independently, meet in public or safe, supervised settings when possible, tell someone you trust where you are going, and stop any interaction that feels unsafe. YOU ASSUME ALL RISK ARISING FROM YOUR INTERACTIONS WITH OTHER USERS, WHETHER ONLINE OR IN PERSON.

FilmBustr provides tools to report and block other users. If you experience or witness harassment, threats, or unsafe behavior, please use those tools and contact us at contact@filmbustr.com. If you are in immediate danger, contact local emergency services first.

No Fees for Visibility

We do not charge users to apply to roles, and we do not sell paid placement that determines casting visibility or ranking in results, feeds, or applicant lists. If we introduce any optional paid features in the future, we will describe them clearly and update these Terms.

Privacy

Our Privacy Policy applies to your use of the Service, and its terms are made a part of these Terms by this reference. By using the Service, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Service may be read or intercepted by others, even if a particular transmission is encrypted.

Links to Other Sites

The Service may contain links to independent third-party websites (“Linked Sites”). Linked Sites are provided solely as a convenience. They are not under FilmBustr’s control, and FilmBustr is not responsible for and does not endorse the content of any Linked Site. You will need to make your own independent judgment regarding your interaction with any Linked Site.

Copyright Complaints

If you believe content on FilmBustr infringes your copyright, contact us at contact@filmbustr.com with a description of the work, the location of the allegedly infringing content on the Service, your contact information, and a statement that you have a good-faith belief the use is unauthorized. We will respond to valid notices, including by removing infringing content and terminating repeat infringers where appropriate.

Disclaimers

FILMBUSTR DOES NOT PROMISE THAT THE SERVICE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SERVICE AND ITS CONTENT ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL INFORMATION ON THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. FILMBUSTR CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. FILMBUSTR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. FILMBUSTR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY USERS OR THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST FILMBUSTR FOR DISSATISFACTION WITH THE SERVICE OR ANY CONTENT IS TO STOP USING THE SERVICE.

The above disclaimer applies to any damages, liability, or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use of any record, whether for breach of contract, tort, negligence, or any other cause of action.

FilmBustr reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Service, or any portion of the Service, for any reason; (2) to modify or change the Service, or any portion of it, and any applicable policies or terms; and (3) to interrupt the operation of the Service as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL FILMBUSTR OR ITS OPERATOR BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, OR FOR ANY PERSONAL INJURY, EMOTIONAL DISTRESS, OR PROPERTY DAMAGE, EVEN IF FILMBUSTR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If, despite the other provisions of these Terms, FilmBustr is found to be liable to you for any damage or loss that arises out of or is in any way connected with your use of the Service or any Content, FilmBustr’s liability will in no event exceed the greater of (1) the total amount of fees, if any, you paid to FilmBustr for a service or feature of the Service in the six months before the date of the initial claim, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold harmless FilmBustr, its operator, and its agents and affiliates from any demands, loss, liability, claims, or expenses (including reasonable attorneys’ fees) made against them by any third party due to or arising out of or in connection with your use of the Service, your User Content, your interactions with other users, or your violation of these Terms.

Violation of These Terms

FilmBustr may disclose any information we have about you (including your identity) if we determine that disclosure is necessary in connection with any investigation or complaint regarding your use of the Service, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with FilmBustr’s rights or property, or the rights or property of users of the Service. FilmBustr reserves the right at all times to disclose any information that it deems necessary to comply with any applicable law, regulation, legal process, or governmental request.

You acknowledge and agree that FilmBustr may preserve any communication by you with us through the Service, and may disclose it if required to do so by law or if FilmBustr determines that preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that the communication violates the rights of others, or (4) protect the rights, property, or personal safety of FilmBustr, its users, and the public.

FilmBustr may, in its sole discretion and without prior notice, terminate your access to the Service or block your future access if we determine that you have violated these Terms or other agreements or guidelines associated with your use of the Service, or for cause, which includes (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletion), (3) discontinuance or material modification of the Service, or (4) unexpected technical issues or problems. You agree that FilmBustr will not be liable to you or any third party for terminating your access to the Service.

If FilmBustr takes legal action against you as a result of your violation of these Terms, FilmBustr will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of that action, in addition to any other relief granted.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of the United States and the State of California, without regard to its conflict-of-laws provisions. You agree to the personal jurisdiction of, and venue in, the state and federal courts located in California, and waive any objection to that jurisdiction or venue. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or it is permanently barred.

In the event of any dispute between FilmBustr and you arising out of or in connection with your use of the Service, the parties will attempt, promptly and in good faith, to resolve it. If the parties are unable to resolve the dispute within a reasonable time (not to exceed thirty (30) days), either party may submit the dispute to mediation. If the dispute cannot be resolved through mediation, the parties are then free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

FilmBustr operates the Service from California, United States. Although the Service may be accessible elsewhere, not all features are available to all people or in all locations. FilmBustr reserves the right to limit, in its sole discretion, the provision and quantity of any feature to any person or geographic area. Any offer for any feature made on the Service is void where prohibited. If you access the Service from outside the United States, you do so on your own initiative and are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use, export, or re-export any Content, or any product or service offered on the Service, in violation of any applicable laws or regulations, including United States export laws and regulations.

If any provision of these Terms is held by a court of competent jurisdiction to be void or unenforceable, that provision will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms remain in full force and effect. These Terms constitute the entire agreement between you and FilmBustr with regard to your use of the Service, and supersede any prior agreements or understandings between you and FilmBustr on that subject. FilmBustr’s failure to insist on or enforce strict performance of these Terms will not be construed as a waiver of any provision or right. These Terms do not confer any rights or remedies on any third party.

Feedback and Information

Any feedback you provide about the Service is non-confidential, and FilmBustr is free to use that information on an unrestricted basis. The information on the Service is subject to change without notice.

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