Spotlight Casting Services Terms and Conditions

This Site and related Services are provided by Spotlight whose trading address and registered office is 7 Leicester Place, London, WC2H 7RJ. VAT number 239068741. Registered in England and Wales, Company Number 07172054

For details of how to contact us click here

Before agreeing to these terms and conditions please ensure you have read the Site Terms relating to our terms of use for our Site, as these form part of your subscription conditions. In the event of any conflict, these service terms will take precedence.

You should print and keep a copy of these terms, the Site terms and the Sales and Payment terms for your records as at the date of joining or renewing.

Please also read our Privacy Policy

Please Note: If you have been invited to be part of a casting team on Spotlight Casting then your applicable terms can be found here

Definitions

"Agent" means an authorised agent of a performer, who is a Member of Spotlight.
"Spotlight Casting Services" "Services"means the services made available to Casting Subscribers as detailed below and on the Site.
"Spotlight Casting Subscriber/Spotlight Casting Team Owner" means a casting professional who has signed up with Spotlight as a recipient of the Casting Services.
"Content" means the information and other material or applications available within the Site or relevant Services.
"Spotlight Member" means a performer who has signed up with Spotlight as a member of its database and recipient of the Member Services.
"Sales and Payment Terms" means the further specific terms relating to the processing of any payments.
"Site" means the sites located at spotlight.com and contactshandbook.com.
"we/us" means Spotlight.
"You" means the user of the Site(s) or the Content or otherwise the Spotlight Casting Subscriber.

These terms and conditions set out the conditions relating to joining Spotlight as a Spotlight Casting Subscriber and receiving Spotlight Casting Services.

Spotlight Casting Services

Spotlight provides casting professionals with a range of tools and services to assist the casting process, including access to the Spotlight database of professional performers and industry specialists. The Services are summarised below with further information available on the Site as indicated.

Spotlight Interactive

Spotlight Interactive allows you to search our database of performers including actors, actresses, child performers, dancers, presenters, drama graduates, and other industry professionals.

The Spotlight Link

Subject to the level of your subscription you may also be eligible to send casting breakdowns to agents and performers across our casting service, The Spotlight Link. As part of this service you may also be eligible to send casting breakdowns via our Spotlight network partners in other territories, and in this instance your contact details would be made available to the partner service you have selected so that they can contact you regarding circulating your casting information more widely.

Spotlight Casting

Spotlight Casting is an end-to-end casting service for the professional casting industry, providing tools for streamlining the casting process. Please note that you are responsible for ensuring you have the appropriate permissions from Spotlight Members (performers), non-member performers and other partners or collaborators ("Spotlight Casting Invited Users") that you invite to participate in your use of the Spotlight Casting tools. You are responsible for ensuring that all content, information and data used or stored via the tools complies with all laws, regulations, is copyright cleared and does not infringe any third party rights, and otherwise complies with all relevant Spotlight terms and conditions.

Additional Services

Casting studios and rooms

Spotlight's multimedia studios are available for casting a commercial, film or television project, or for example for a read-through, auditions, meetings or project planning - more information and hiring terms and conditions can be found here:

http://www.spotlight.com/rooms/

http://www.spotlight.com/studios/default.asp

Spotlight Casting Subscriber Criteria

To be a Spotlight Casting Subscriber you must be a stage, television, film, radio or advertising professional or similar.

Continued use of Spotlight Casting Services in general is dependent on the professional validity of casting information being sent across the system. We reserve the right to end access to Spotlight Casting Services at any time, and without warning, should we believe misuse has taken place, or if we receive complaints related to inappropriate information being sent out to Agents and Spotlight Members or other performers, Casting team members and/or invitees (this could include any material that does not meet our professional standards, or is defamatory, offensive, obscene or of a threatening nature).

We also reserve the right to terminate access where legitimate concerns are raised by professional industry organisations, or where our staff or other persons are subject to abusive, offensive or threatening behaviour.

Single user restriction

If you are a Spotlight Casting Subscriber, or have a temporary access password, you must not share your user details with anyone else. Spotlight Casting Subscriptions/access credentials are for one person's use. Sharing a password may mean someone accessing the Spotlight services who is not eligible to do so. Password sharing is a breach of our terms and conditions. Should you work for a company wishing to gain multi-user access to Spotlight services please contact our Sales team for further advice and information about current pricing.

Content

It is the responsibility of the Spotlight Casting Subscriber to ensure that they have full copyright clearance for materials and content featured as part of a casting breakdown. This must be cleared for all uses set out in these terms and conditions.

Spotlight Casting Subscribers listing details of forthcoming productions on the Spotlight Casting Services are responsible for ensuring that they have consent from their own hirer (Production Company, Director etc.) to do so, so that confidential production information is not released.

You confirm that all information provided by you is truthful, honest and accurate. You must not upload material that is unlawful, defamatory, abusive, obscene, discriminatory or otherwise inappropriate.

Spotlight does not offer its users the ability to download or otherwise recover media files in their original quality or format. Spotlight therefore strongly recommends that Spotlight Casting Subscribers retain their original media files. Furthermore Spotlight cannot be held responsible for loss or corruption of data, including accidental or intentional deletion by any party.

Please Note: whilst we prohibit Scraping or Extraction of the Site Content, we cannot guarantee that this activity will not occur without our permission. In any event, in order to facilitate Members, Agents and Casting Professionals with their workflow management processes or other activity, Spotlight may from time to time provide or authorise the use of certain third party software or applications to facilitate additional off Site access to the materials and Content. Such third party packages or systems are strictly subject to the written approval of Spotlight. A list of currently authorised third party packages or systems is available to Spotlight Casting Subscribers/Spotlight Agents/Spotlight Members by contacting Spotlight. You acknowledge that your Content may be copied, moved and used in this way. Please note however that Spotlight does not endorse and is not responsible for any such third party packages or systems, and Spotlight will not be liable for any loss of information, materials, data or otherwise that may occur due to the use of your materials within them.

Spotlight reserves the right to suspend or withdraw services from those who violate our terms and conditions and to remove material which it considers to be in breach of these terms and conditions. Spotlight reserves the right not to use or make available any material which it deems inappropriate.

Site Content reuse/restrictions

You may use Spotlight for professional casting purposes only. You may not promote other casting services within Spotlight's Site or tools, nor require or suggest that submissions may be received by any means other than Spotlight.

The Content and/or information sent or made available via The Spotlight Link/Spotlight Casting is the confidential information and copyright of your employer (hirer) or yourself. In using Spotlight, you agree not to forward or copy any part of this information or recordings of performances and auditions outside the casting system without consent from your hirer where required and/or the consent of the Spotlight Member (performer) concerned.

All production and performer information (Spotlight Member and other performer profiles/comments) shared with you should be treated as strictly private and confidential and details should not be released to any other parties without their consent. Spotlight Casting Subscribers/Spotlight Casting Team Owners will be liable where they cause damage (including financial loss) to any other party, including an employer, by releasing confidential information into the public domain.

Spotlight or its licensees retain copyright and other intellectual property rights in its database and in the contents of its database. You may print off results of your searches with photographs but you must include any and all copyright notices and credits that appear in the screen display of the website page.

Any breach of these terms could cause inconvenience and loss to various parties, and loss to Spotlight. Spotlight reserves the right to terminate your access to The Spotlight Link without notice in the event of a breach. It also reserves the right to withdraw or withhold The Spotlight Link service where it considers this to be commercially desirable or for any other reason it deems appropriate.

Other responsibilities

EQUAL OPPORTUNITIES
Spotlight is committed to equal opportunities for all performers, irrespective of age, gender, colour, race/ethic national origins, or disability. Unless the role you are casting has very specific requirements in one of these categories, please always make your casting search as inclusive as possible. It is your responsibility to ensure that you are acquainted with your legislative responsibilities in relation to Equal Opportunities.

NATIONAL MINIMUM WAGE
If you are offering unpaid or low-paid work, please ensure that you fully understand your obligations regarding the National Minimum Wage.

EMPLOYING CHILDREN AND YOUNG PERFORMERS
You are reminded that it is illegal for children under the age of 16 to work without formal licensing in place, otherwise they are not insured or protected. Please ensure that child performers are always licensed.

DATA PROTECTION
You are reminded that in processing data relating to hirers, agents and performers you must comply at all times with current Data Protection legislation.

Spotlight Casting Subscription process

Casting Subscriptions can be purchased via our website or by calling 020 7437 7631. Please see our Sales and Payment Terms for more specifics relating to the processing of your payments.

Once you have completed your company/individual information you will proceed to a checkout screen. After you submit your Spotlight Casting Subscription application our online payment provider will process your payment automatically. This does not represent acceptance of your order by us. Your professional credentials will subsequently be verified and we reserve the right to refuse your order and refund your purchase costs.

Spotlight Casting Subscription Periods and benefits/access

Our Casting Service subscriptions have different duration periods. Therefore you should check the type of access you are purchasing, associated costs and also the period of access before submitting your order. The price for your subscription model will be confirmed at checkout before your order goes through.

Subscription Notification

We attempt to process all Casting Subscription orders within four hours of receipt during office hours (our office hours: Monday - Friday 10.00- 5.30). However, this may not always be possible, although all orders would normally be processed within 24 hours on a normal working day.

Cancellations and refunds

You may not cancel this order once payment has been taken and you have been given full access to Spotlight data. However, we will consider cancellations where access to our data has not yet been provided.

Disclaimers and Liability

Spotlight's database contains information about Spotlight Members (performers) which is provided by the performing artists themselves, or their Agents. Notwithstanding that appropriate steps have been taken to ensure that the information is accurate, Spotlight (and those organisations on whose behalf we publish) cannot be held responsible for any errors or omissions, and cannot accept liability for reliance placed on the contents and/or any omissions which may occur. Those employing Spotlight Member (performers) or specialists must make their own enquiries of the Spotlight Member (performer) / specialist to satisfy themselves that he/she is competent to perform the skills required.

Due to the inherent nature of the internet, and other technology systems we use, errors interruptions and delays may occur in the Service at any time. Accordingly, the Site and Services are provided without any warranties of any kind and we do not accept any liability arising from any inaccuracy or omission in the information or interruption in availability.

To the maximum extent permitted by applicable law, we exclude all liability for any indirect, special, consequential or punitive damages, or any loss of income, profits, goodwill, data or contracts arising from or connected in any way to your use of the Services or Site, whether in tort (including without limitation negligence), contract or otherwise, even if advised of the possibility of such damages.
To the extent there is any liability on us, this is limited at a maximum amount per claim and in aggregate to the annual amount paid by you for the relevant Service.

This Section does not in any way limit our liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; or for any implied terms or other matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

Website and Software Application Security

We take all reasonable precautions to keep interactions on our Site and Application(s) secure. We also have strict security procedures regarding the storage and disclosure of information. However, Spotlight cannot be held liable for any losses caused as a result of unauthorised access to the information provided by you.

The security of information transmitted via the internet and contained within the Spotlight Casting native Application cannot be guaranteed. Any losses incurred or sustained by users who transmit information by means of syncing data between the Site and Application, sharing data via the Spotlight Casting service, email or other internet link, or capture/store information by means of the Application or other recording or storage facilities shall be borne solely and exclusively by such user and in no event shall any such losses in whole or part be borne by Spotlight.


General Terms

Indemnity

If you breach these terms we may suffer loss. You agree to indemnify us against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of any non-compliance by you with these terms and conditions.

Entire agreement

These terms and conditions (as amended from time to time) together with any document expressly referred to in them comprise the entire agreement between you and us.

Severability

Each provision of these terms and conditions shall be construed separately, applying and surviving even if for any reason one or other provisions is held to be inapplicable or unenforceable in any circumstances.

No waiver

No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

English Law

These terms and conditions shall be governed by English law and you submit to the exclusive jurisdiction of the English Courts.

Spotlight is committed to using clear and understandable terminology in all of our documents and correspondence, however if anything within this document is unclear then please contact us.