Terms of use
Terms of use

Background

We welcome you to our Website (The "Site"), which is owned and operated by Real Time Casting ("Realtime Casting" which entity also includes its affiliates, subsidiaries and related companies).

Realtime Casting has created this site to enable you to select a voice over artist ("VOA") for your particular project and to enter into commercial arrangements with the agent or representative of the VOA for those purposes ("Authorized Agent").

The Site contains an audio representation of the VOA, a headshot of the VOA, details of the agent or representative of each VOA and is accessible with a user name and password.

You can also "post a project" on the Site by supplying a brief of the project, completing the relevant details on the "post a project" page and automatically submitting the project to all Authorised Agents. Such agents may then propose a suitable VOA for the project and if acceptable to you, you shall enter into negotiations direct with the Authorized Agent.

Also on the Site is a studio locater where you may wish to book a VOA in another state or country and you need a studio close by. The studio supplies contact details and a brief description of what the studio does.

There is also an agent database which is accessible by you.

Realtime Casting maintains the Site subject to the following terms and conditions concerning the use of the Site ("Terms and Conditions"). By using the Site, you accept the Terms and Conditions; if you do not agree to the Terms and Conditions you may not use the Site. Realtime Casting reserves the right to modify content on the Site and these Terms and Conditions periodically without prior notice.

Use of the Site and content of the Site

You may view, download, and print contents from the Site strictly for information purposes only or as explicitly permitted herein. Specifically, you warrant that you shall not;

  1. Distribute any of the content on the Site to any third party without RTC’s prior written approval
  2. Alter or modify any part of the technology of the Site including visual elements or code.
  3. Access the site through any other means or technology other than as provided herein.
  4. Submit comments or provide content that is obscene, defamatory, illegal or threatening.
  5. Submit comments or provide content that is an infringement of any privacy laws or infringes the intellectual property of a third party.
  6. Use the Site in connection with any so called SPAM message (Realtime Casting has the sole right to determine what constitutes SPAM)
  7. Provide false or misleading names, email addresses, or other contact information, impersonate a third party, or otherwise mislead as to the origin of information

Services Offered By Realtime Casting on the Site

You acknowledge and agree that the service which Realtime Casting is offering on the Site is that of facilitator between you, the VOA and the Authorized Agent of VOA. Specifically Realtime Casting is not a party to, nor has any legal liability for, any contract or agreement between you, VOA and the Authorized agent and no liability of any nature shall attach to Realtime Casting in respect of any such contract or Agreement.

Realtime Casting makes no warranties or representations of any nature as the ability or suitability of the VOA nor his/her Authorized Agent and you warrant that your selection of a VOA, and any contract/agreement between you and the VOA, is entered into freely and at your own risk after making all due enquiries of your own and you have not relied on any representations which may have been made by Realtime Casting to you at your request.

You acknowledge and agree that;

  1. Realtime Casting reserves the right at its sole discretion to remove the name and/or photograph of a VOA and /or the Authorized Agent from the Site at any time without prior notice.
  2. Realtime Casting takes no responsibility for any negotiations which result in a VOA being paid below equity rates in any territory of the world and you fully indemnify Realtime Casting in accordance with the provisions of the Indemnity clause herein.
  3. You must conduct all negotiations with the Authorized Agent of the VOA. The terms and conditions of agreements you enter into with the Authorized Agents may vary from agent to agent. Any negotiations you conduct, or purport to finalise, with the VOA direct either orally or in writing will not be binding on the VOA or the Authorized Agent and shall have no effect unless the Authorized Agent of the VOA agrees that the content of such negotiations will be binding.
  4. No liability of any nature attaches to Realtime Casting in connection with any photograph, biography, audio files and any other material which has been prepared by or on behalf of the VOA and which is displayed or featured on the Site. Specifically, Realtime Casting makes no warranty or representation as to the accuracy, currency, reliability or otherwise of the material so provided or whether the material infringes the copyright or other rights of a third party.
  5. No liability of any nature attaches to Realtime Casting in connection with any recording studio sourced from the Site nor the quality of recordings recorded by such recording studio or on behalf of the VOA. Specifically, Realtime Casting makes no warranty or representation as to the accuracy, currency, reliability or otherwise of the recordings so provided or whether the recordings infringe the copyright or other rights of a third party.
  6. Realtime Casting reserves the right to compile, recompile, organize, redesign, display or otherwise deal with the look and feel of the Site in its sole discretion absolutely.
  7. Realtime Casting shall be entitled in its sole and absolute discretion to incorporate third party advertisers on the site on a commercial or non commercial basis on a "look and feel" basis as determined solely by Realtime Casting.
  8. No refunds will be made in the event that you cancel any so called subscription services with Realtime Casting.

Copyright

At all times Realtime Casting is the owner of all rights, including copyright, in the Site and the contents which Realtime Casting has provided on the Site, in accordance with the provisions of the Australian Copyright Act 1968 (as amended). In addition, Realtime Casting is the owner of all trademarks of the name "Real Time Casting" or approved variations thereof whether registered or not and which exist at common law .

Should you provide any content on the Site, you do not acquire any copyright ownership in that content and if your use of the Site is unauthorized, your right to use and access the Site is automatically terminated.

Third Party Web Sites

In the event the Site provides hyperlinks to third party Web sites or access to third party content, you enter those sites or access that content at your own risk and Realtime Casting shall not be liable for any loss or damage of any nature associated with your use of third party content and the indemnities referred to herein shall at all times apply.

You hereby acknowledge that access to content or other information stored on the Site is provided "as is" for your intended application and use, that Realtime Casting provides no warranty that the content or information meets your requirements and such content or information may not be downloaded copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Realtime Casting.

Indemnity

  1. You hereby indemnify Realtime Casting against any claim, loss, damage, suit, action, proceedings, costs or expenses (including legal costs) of any nature whatsoever made against Realtime Casting or which Realtime Casting may suffer or incur by reason of any breach or alleged breach of these Terms & Conditions by you such indemnity being without prejudice to any other right or remedy of Realtime Casting in respect of such breach.
  2. You hereby indemnify Realtime Casting against any loss or damage suffered in the event that any content or information provided on the Website is incorrect or in any way misleading.
  3. The Site may not be operational 100% of the time. You hereby indemnify Realtime Casting against any loss or damage suffered in the event that any aspect of the Site does not function as intended for any reason beyond the reasonable control of Realtime Casting and particularly in connection with: service interruptions caused by an internet service provider; an internet connection; any fault or deficiency in computer hardware or software; any fault or deficiency in audio/visual hardware.
  4. Should Realtime Casting in its sole discretion, determine that any party has breached these Terms & Conditions, then nothing herein shall prevent or in any way restrict its right to pursue any of its legal and/or other remedies, including, without limitation, court action.

The indemnities above equally apply to any authorized personnel, licensees, agents and assigns of Realtime Casting.

Applicable Laws

The applicable law shall be the laws of the State of Victoria, Australia, and you agree to submit to the jurisdiction of that State.

You are solely responsible for compliance with any applicable laws of the country from which you access the Site

Entire Agreement

This Agreement contains the entire Terms and Conditions between you and Realtime Casting and none of the Terms and Conditions shall be amended, modified or supplemented except in writing signed by the Parties.

Severability

If any part of this Agreement is found to be invalid or of no force or effect under any applicable laws, this Agreement shall be construed as though such part had not been inserted and the remainder of this Agreement shall retain its full force and effect.

Relationship

Nothing in this Agreement shall be construed to place the Parties in a relationship of principal and agent, partners or joint venturers and neither Party shall have the power to bind the other Party in any manner whatsoever or to take any action or do any act or thing in the name of the other Party.

Force Majeure

Notwithstanding anything to the contrary in this Agreement, neither you nor Realtime Casting shall be liable to the other for any failure of performance hereunder which is due to an act of God, accident, fire, lockout, strike or labour dispute, riot or civil commotion, failure of technical or electrical facilities not within either Party's reasonable control, act of public enemy, enactment, rule, order or act of government (whether national or local), or other act or events of a similar or different nature beyond the reasonable control of either Party, any such event being deemed an event of force majeure.

Successors and Assigns

The Terms and Conditions shall be binding upon and shall inure to the benefit of the parties hereto and their respective shareholders, partners, subscribers, directors, officers, heirs, successors, representatives and assigns.

Assignment

You acknowledge and agree that Realtime Casting may sell, assign, license or otherwise deal with the Site in whole or in part in its absolute discretion. You may not assign any rights granted to you by virtue of the operation of the Terms and Conditions hereof.


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