BY USING OUR WEBSITE AND/OR SERVICES, YOU ACCEPT THESE TERMS AND AGREE TO COMPLY WITH THEM
These are the terms of service which apply to your use of:
They are referred to in these terms as the "Sites" and the "Services". The Services include the provision of information and materials, and tools to enable you to share information and materials, network and communicate with us and other users. The term "content" is used in these terms to refer to such information, materials and tools.
The terms apply between you, the user of our Sites and Services, and The Mandy Network , a company registered in England and Wales with company number 4749221 (also referred to as "we" or "us").
If you use any Site or Service as an employee or representative of another legal entity, you accept these terms on behalf of yourself and the legal entity, and confirm that you have authority to do so.
PART A contains terms which apply to all users of our Sites and Services.
PART B contains specific additional terms which apply to you if you are:
Some Sites may contain additional terms relevant to the specific Service which you may use. These shall be incorporated into these terms. We also suggest you refer to our privacy notice and other policies published on our Sites, which provide further information on specific aspects of our Services.
Please contact us if you have any queries about these terms or their effect.
These terms were last updated on 23/09/11.
We aim to process applications for registration and subscriptions within two working days of receipt, but we do not guarantee access to the relevant Site or Service within any particular timescale. Any subscription period will commence when payment is received by us, or, for any free subscription period, when we grant you access to the relevant Service. We retain the right to refuse access to or use of our Sites or Services to any person for any reason at our reasonable discretion.
You must meet certain criteria in order to access certain Sites and Services. These criteria will be specified on the relevant Sites.
In particular, the Sites and Services are not intended for users of under 18 years of age, and such users are not permitted to register or subscribe. However, the parent, guardian or agent of a candidate under the age of 18 may use the Sites and Services on behalf of that candidate (including registering and submitting a profile), provided that the parent, guardian or agent complies and procures that the candidate complies with these terms.
You are responsible for making all arrangements and payments necessary for you to have access to our Sites and Services, including internet connections, computer equipment and software. We are not responsible for:
You should keep your passwords confidential; any use of the Sites and Service using your login details, including email address and password (other than by our Site administrators) will be your responsibility.
Our Services and content are provided for your information and convenience, and are not intended to be relied upon by you in taking any action or refraining from taking any action. Whilst we seek to ensure all users agree to these terms, we do not routinely check all content provided by users and third parties (eg profiles, job postings, advertisements and discussions in user forums) and cannot guarantee their accuracy or lawfulness.
You may wish to take your own steps to confirm information, back-up your content and ensure that communications reach their intended recipient promptly and securely.
You agree not to hold us liable for any loss or damage incurred as a result of:
You may report to us if any content or communication appears unlawful, inaccurate or otherwise inappropriate, or if you have a negative experience with any other user or third party in relation to our Sites or Services. We may, at our absolute discretion, investigate the matter and take such steps as we consider appropriate in the circumstances.
The contents of our Sites and Services (including information, trade marks, directories, text, images, videos, sounds and underlying software) are protected by intellectual property rights of us and our licensors. We grant you a non-exclusive and revocable licence to view and use such content for the purpose of enjoying the benefit of the Services.
You may not copy, modify, distribute or commercially exploit any content (other than content provided by you) in any form or in any media, except that you may retrieve and display content on your computer and print and/or store one copy of individual pages for your internal, personal use.
See also your obligations under clause 5.2 below.
The quality of the Services provided to you and other users depends on you providing accurate, complete and lawful content. You acknowledge and agree that you:
See also your obligations under clause 5.3 below.
You agree that we may use the content which you provide, and, where relevant, trade marks relating to your trade or business, for the purposes of operating and maintaining the Site and the Services. You acknowledge that your content may be published and made available to other users of our Sites and Services, and modified to make it suitable for our Sites. We may also use your content for the purposes set out in clause 8 below.
You grant and agree to grant us a perpetual and irrevocable worldwide licence to use your content for these purposes (including the right to sub-license to our service providers, and to other users in accordance with clause 3.4 above).
Whilst we seek to ensure all users agree to these terms, we are not responsible for the use or misuse of your content by other users or third parties and you agree not to hold us liable for any loss or damage incurred as a result of such use or misuse. We shall, however, at your expense, reasonably co-operate with you in enforcing our contractual terms against other users who have infringed your rights.
Please also see:
Whilst we do not routinely check or monitor all content provided by users (see clause 3.2 above), we may do so at our discretion, for the purposes outlined at clause 8 below. Upon request, you will provide us with evidence that you are complying with the above requirements, including:
You also agree to provide us with required details so that can credit the author/creator of any image, sound, video or other content.
You must use the Site and the Services only for purposes consistent with your registration, profile(s) and subscriptions. Unless you register and create a profile with us as a service provider or subscribe for our advertising Service (and pay the applicable fees) (see PART B below), you may not use the Site or any Service (including any email or communication service) to advertise, solicit or promote any products or services.
We may charge you a fee of 200GBP for each act in breach of your obligations under this clause 5.1, representing our advertising fee, wasted time and loss of custom/reputation arising as a result of your breach.
You may not make any unlawful or unauthorised use of any content, including:
You may not upload, provide or transmit any unlawful, unauthorised or offensive content, including:
In using our Sites and Services, you must comply with all applicable laws. You may not make any unlawful or unauthorised use of our or our service providers’ computers, networks, communications systems, or other equipment or software, including:
provided you do so in a way that is fair and lawful and does not damage our reputation or take unfair advantage of it. You must not establish a link in such a way as to suggest any form of association, recommendation or endorsement by us where none exists.
You may be required to pay charges in order to receive certain subscription Services. Details of applicable charges are on the Sites relating to the relevant Services (or can be provided to you by us upon request). Unless otherwise agreed by us, payments must be made by credit or debit card in the currency specified by us. You are responsible for all charges associated with your use of Services using your login details (including email address and password).
You must pay any applicable taxes (including value added tax) in addition to any service fee for the relevant Services. We may charge interest on overdue payments.
If you are a candidate, you may be able to take advantage of an initial free subscription period – see PART B below.
Any subscription period will commence when payment is received by us (or, for any free subscription period, when we grant you access to the relevant Service).
Where you make regular payments to us for a Service (eg annually or monthly), your obligation to pay will continue unless and until you explicitly notify us by email or in writing that you are terminating such Service in accordance with clause 10.
We may monitor, access, use and disclose details of your use of the Sites and Services (including your content) for the purposes of checking compliance with these terms, quality control, site administration and maintenance, risk assessments and investigations, compliance with legal obligations, or protection and enforcement our legal rights and those of our users. See also our privacy notice.
If you breach or we reasonably suspect that you are in breach of any of your obligations under these terms, we may immediately and without notice suspend your access to and use of the Sites and Services, or any part of the Sites and Services or content and/or (without prejudice to clause 11) remove any of your content. We may also terminate your access to the Sites and Services in accordance with clause 10 below. You will not be entitled to any compensation for any period of suspension other than in accordance with our refunds policy.
You agree to indemnify us and our representatives against all claims, loss or damage that we or they may incur as a result of a breach by you of your obligations under these terms, including any claims, losses or damage arising from inaccurate or unlawful content which you upload, provide or transmit.
You may terminate your use of any Sites and Services and request removal of your profile(s) at any time. As a registered user or a subscriber to any Service, you should give notice to us by email or in writing at least two weeks in advance of your proposed date for such termination and removal. This is to allow us time to remove your profile from the relevant Sites and disable your access rights and login details as required (although we shall use reasonable endeavours to do so sooner, if requested). Any such notice will take effect when received by us.
We may withdraw any Site or Service or terminate your access to and use of any Site or Service at any time and for any reason at our reasonable discretion. If you are a registered user and/or subscriber to any Service, and unless such termination is due to your material or persistent breach of these terms, we will use reasonable endeavours to give notice to you of any such termination.
If you have made advance payments to us for any Service relating to any period after the date of termination, and unless such termination is due to your material or persistent breach of these terms, you may be entitled to a refund in accordance with our refunds policy. You will not be entitled to any other compensation for any such termination.
Following termination of your access to or use of any Sites and Services for any reason, we may remove your profile(s) from the Site (if not already removed) and disable your login details, including username(s) and passwords. We may however retain your profile and other personal details on our internal systems for record keeping purposes. Please see our privacy notice for further details. Other content you have provided may also remain on our Sites.
All provisions of these terms which by their nature are intended to continue shall survive termination, including terms relating to exclusions and limitations of liability, intellectual property and on-going use of your content.
Termination of your access to the Sites or Services or of these terms shall not affect accrued rights and liabilities of you or us up to the date of termination, including our rights to payments due from you.
We may, at any time and at our absolute discretion, make temporary or permanent changes, additions or deletions (together, "changes") to or from:
We shall use reasonable endeavours to notify our registered users and subscribers of material changes. It is also your responsibility refer to these terms on a regular basis.
By continuing to use the Sites and/or the Services after such changes, you agree to such changes. If you are not happy with any changes, you may terminate your use of the Sites and Services in accordance with clause 10.
The Sites and the Services (and any content) may also be unavailable for occasional periods for repair, maintenance or upgrading, or interruptions in the network or communications services provided to us. You agree not to hold us liable for any loss or damage caused by such occasional periods of unavailability.
Nothing in these terms shall exclude or limit our liability for fraud, or for death or personal injury caused by negligence or other liability which cannot lawfully be excluded.
The provisions of this clause 12.2 are subject to clause 12.1 and shall have effect in addition to the other limitations of liability on specific issues set out in these terms.
Except as set out in these terms, all conditions, warranties and representations applicable to the provision of the Sites and the Services implied by statute or common law are excluded to the maximum extent permitted by law.
Neither we nor our representatives shall be liable to you for:
arising in relation to the use or inability to use our Site or our Services (including any content), including any loss of business, job, job opportunity, customers, revenue, profit, contracts, data, software or reputation, or wasted time, whether caused by tort (including negligence), breach of contract or otherwise, and even if foreseeable.
Without prejudice to the other limitations of liability in these terms (including this clause 12), our total liability to you arising in relation to your use of the Site and/or the Services in any 12 month period shall be limited to amounts paid by you for the relevant Service during that period.
These terms are governed by the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction to hear any disputes arising from them.
We shall not be responsible for any failure or delay in performance of the Services or any of our obligations under these terms due to a cause beyond our reasonable control.
The headings in these terms are for ease of reference only.
Unless the context requires otherwise, in these terms and our privacy notice, the term "including" shall be interpreted to mean "including but not limited to".
The provision of the Services shall not create any relationship of agent and principal between you and us and neither you nor we have any authority or power to bind or to contract in the name of the other party.
No provision of these terms is intended to be enforceable by any person other than you or us.
Failure by us or you to exercise any right or remedy under these terms does not constitute a waiver of that right or remedy.
You may not transfer, assign or sub-contract your rights or obligations under these terms to any third party without our prior written consent.
We may, without your consent:
If any provision of these terms is found by any court or legal authority to be invalid, unenforceable or illegal, the other provisions shall remain in force and, to the extent possible, the provision shall be modified to ensure it is valid, enforceable and legal, whilst maintaining or giving effect to its commercial intention.
These terms, including any additional provisions incorporated by reference, constitute the entire agreement between you and us with respect to your access to and use of the Sites and Services and supersede all prior agreements, negotiations and discussions between you and us relating to the subject matter.
Without prejudice to clause 3.2, you acknowledge that the decision to offer you jobs or appointments rest with the casting agents and other employers and the availability of such jobs is affected by the state of the industry as a whole. We cannot guarantee you work nor that employers who view your profile will call you in for an audition or interview.
It is your responsibility to ensure that any job or appointment offered by employers is acceptable to you. We are unable to verify or provide any assurance relating to the nature or duration of, or payment for any such job or appointment.
For sites which have a paid subscription Service for candidates, there is a period of 30 days before we take payment from our candidates. You may also have the right to cancel your subscription after you have subscribed. The terms are as follows:
Casting professionals, film-makers and all other employers must ensure that their job postings and other content, and the terms of the job or role to which any posting relates, comply with all applicable laws, including those relating to minimum payments, non-discrimination, tax and employment.
It remains the responsibility of the Employer to ensure that candidates found through mandy.com have the licences necessary for completing work, and that DBS checks are conducted where necessary.
Without prejudice to clauses 4.2, 9 and 11, we may edit any job posting which you submit to make it appropriate for the relevant Site.
Employers may not use their employer profile or Services aimed at employers (including any job posting, email or communication service) to advertise, solicit or promote any products or services. We may charge you a fee of 200GBP for each breach of this requirement – see clause 5.1 above.
Our Sites give you the opportunity to register as a service provider and to offer your services to candidates. You may only use such facility to offer services which are relevant to our Sites and Services (such as photography or show-reel services). Please be aware that some candidates may choose not to receive contact from service providers.
If you use the Sites or Services as an agent for candidates, it is your duty to inform such candidates of the scope of the Services, and the relevant requirements and restrictions as set out in these terms (for example, those set out in clause 14 above).
In order to advertise on our Sites, you must set up a profile and separately apply for advertising space on our Site together with payment of a fee. Further details of how to apply, and where and when your advertisement may be displayed, are contained on the Sites where advertising space is available.
It is your responsibility to ensure any advertisement you submit to our Site complies with all applicable legal requirements, advertising standards and codes of practice. In addition, you may not submit advertisements for services or products which may compete with our Services. Without prejudice to clauses 9 and 11, we may refuse to publish or remove any advert we reasonably consider to be in breach of these terms.