TERMS OF USE

Castbee welcomes you to www.castbee.com (“Website”). You acknowledge Castbee
(“CASTBEE”) is the owner and operator of the Website and CASTBEE provides these
Terms of Use to dictate the terms and conditions by which you agree to use the
Website. By accessing, viewing, or using the Website, you acknowledge that you have
read, understand, and agree to be bound by these terms. If you do not wish to be bound
by the terms described herein, please do not proceed. It is further understood that any
terms and conditions described herein are subject to change at any time, without prior
notice, and in the exclusive discretion of CASTBEE.

The Website is provided solely for the use of current and future customers of CASTBEE
to provide you with information about our products, subscribers, and services, in
addition to providing you with the information necessary to enable you to contact us with
any questions or comments you may have. Any other use of this site is prohibited. None
of the features of this site should be used for the purpose of communicating, posting,
transmitting, displaying, or otherwise communicating any of the following:

• Defamatory, threatening, obscene, harassing, or otherwise unlawful information;

• Advertisement, solicitation, spam, chain letter, or other similar types of

• information;

• Anything that may promote or encourage illegal activity;

• Unauthorized use or disclosure of private, personally identifiable information of

• others; or

• Materials subject to any intellectual property protection without the authorized

• use of such material.

 

The information contained on this site, including all images, content, graphics, code,
with the arrangement or integration of all such material, are subject to copyrights held
by or licensed to CASTBEE, with all rights thereto specifically being reserved. Any use
of these materials without the express written consent of CASTBEE is strictly prohibited.
This includes any links to the Website or media distribution source. The presence of non
nine9.com material is protected under separate, distinguished product names with
recognized intellectual and proprietary rights owned by third parties independent of
CASTBEE. Except as otherwise permitted, the use of such third-party material or use
and/or misuse of any trademarks, trade names, logos, images, graphics or content
owned by such third parties is strictly prohibited.

Please note that you must be of the age of consent in your jurisdiction to use our
services and interact on our Website. In any case, this Website is not intended for
children under 13 years of age. By using this Website, you represent and warrant that

you (i) are 13 years of age or older, and (ii) are not barred from using this Website under
these Terms of Use or any applicable law. If you do not meet these requirements or
otherwise breach any of the provisions in these Terms of Use, your authorization to use
this Website or these services automatically terminates.

You expressly agree that any use of the Website is conducted at your own risk and all
material provided is on an “as is,” “where is,” and “where available” basis. CASTBEE,
its’ affiliates, officers, directors, employees, agents, third party content providers,
licensors, or the like (“Providers”), make no representations or warranties of any kind,
implied or expressed, that this site will be uninterrupted or error-free. CASTBEE further
makes no warranties as to the results that may be obtained from the use of the Website,
its accuracy, completeness, reliability, security, or currency of the content listed therein.
You understand that the Website may contain errors, omissions, inaccuracies, or
outdated information. CASTBEE further reserves the right to correct, in its sole
discretion, any errors or omissions revealed on any portion of the Website.

The content of the website may be content submitted to or by a third party and you are
advised that you should perform your own independent review and research of the
content and/or any third parties associated with the content. CASTBEE has advised you
and you acknowledge CASTBEE has informed you that you should never pay any fees
to any third party for casting and/or submissions opportunities on the Website. If any
casting or submission opportunity requests for you to pay money to a third party other
than CASTBEE you should notify CASTBEE immediately. Any initial or recurring
charges from CASTBEE will display as an exact or variation of Castbee on a
subscribers bank or credit statement. CASTBEE reserves the right, at its sole discretion,
to reattempt any previously declined payment attempts for any initial, scheduled or
recurring charges. The company considers all refund requests on an individual basis,
which can be submitted via phone, form, email or chat. You acknowledge that
CASTBEE does not conduct professional photography shoots on a firsthand basis and
any professional photography provided by CASTBEE is through an independent third
party. Minors (any persons under the age of 18) should never attend a casting
opportunities, photography shoot(s) or event(s) of any kind offered via CASTBEE
without an adult, parent or guardian accompanying the minor.

You agree that CASTBEE and its Providers shall not be liable for any damage, loss, or
expense of any kind arising out of or resulting from your possession or use of the
materials, content, or information on the Website regardless of whether such liability is
based in tort, contract, or otherwise. In no event, including, without limitation, a
negligent act, shall CASTBEE or any of its Providers be liable to you for any direct,
indirect, special, incidental, consequential, or punitive damages arising out of or in any
way related to the materials, content, or information on this Website or any other
products, services, or information offered, sold, or displayed on this Website, your use

of, or inability to use, this Website generally, or otherwise in connection with this
Agreement, regardless of whether CASTBEE or any of its Providers have been advised
of the possibility of such damages. Any cause of action you may have with respect to
the use of the Website must commence within one (1) year after the claim or cause of
action arises.

You agree to indemnify, defend, and hold harmless CASTBEE, its affiliates, agents,
employees, and licensors from and against any and all claims and expenses, including
reasonable attorney fees, arising out of or related in any way to your use of the Website,
violation of these Terms of Use, violation of any law or regulation associated with your
use of this Website, or violation of any proprietary or privacy right.

CASTBEE reserves the right, now and at all times, in its sole discretion and without
limitation to the other remedies available at law, to immediately discontinue, suspend,
terminate or block you and/or any user’s access to the Website.

You acknowledge that the Website may provide you with access to other independently
owned third party websites (“Links”). You understand that your use of any Link may
direct you to another site and you will leave the Website. Your decision to utilize any
Links will be taken at your own risk and it is your responsibility to take all protective
measures to guard against viruses or other destructive elements. You understand that
Links are not maintained, controlled, or in any manner operated under the dominion of
CASTBEE, as such content, accuracy, opinions and other material is not investigated,
monitored, verified, or endorsed by CASTBEE. CASTBEE does not make any
warranties, express or implied, as to the fitness of the material contained in the Links.
Except for Links to information authored by CASTBEE, CASTBEE is neither responsible
for nor will it be liable under any theory based upon any Links, any information and/or
content found on Links, or any site linked to or from Links.

It is not the intent of CASTBEE to receive confidential, proprietary or trade secret
information through the Website. Any material you submit, including but not limited to,
information, materials, suggestions, ideas or comments will be deemed non-
confidential. As such, by submitting information, you are granting nine9.com an
irrevocable and unrestricted license to use, modify, reproduce, transmit, display and
distribute such materials, information, suggestions, ideas or comments for any purpose
whatsoever. By visiting the Website and/or submitting any information to the Website,
you have opted to have your information available for resale and/or redistribution and
further accept that any purchasers or recipients of the information shall be permitted to
contact you with product or service offerings. You further expressly agree that by
submitting your information you expressly agree to allow CASTBEE to contact you via
any method including, but not limited to, text messaging, telephone, email, mail and
facsimile.
 

These Terms of use shall be governed by and construed in accordance with the laws of
the State of Michigan, without reference to conflicts of law provisions. CASTBEE makes
no representation that materials are appropriate or available for use outside of the
United States. You agree to personal and exclusive jurisdiction of the state or federal
courts located within Oakland County, Michigan for any disputes with CASTBEE arising
out of your use of this Website.