Terms & Conditions

 

INTRODUCTION

These terms and conditions set out the basis under which you may use the Headshot Hunter website and services. Please read them carefully and confirm you accept them.

GDPR Amendment

Use of Personal Data.

The Headshot hunter website requires personal data to be stored and referenced.  The processing of personal data is covered by the General Data Protection Regulation (GDPR). Personal data shall be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes.

Two types of personal data are processed by the website:

Personal information data relating to the role an individual performs in their professional life, and/or client and supplier organizations. This data is required to enable clear internal and external communication relating to HeadshotHunter website and customers and clients.

This personal data is to be used for the purpose the Headshot Hunter website and their customers and clients for professional use as outlined in the T’s and C’s only.

If you would like Headshot Hunter to delete your profile and information you can ask this at any point, and we will delete your profile as soon as possible however if this is during paid membership you may forfeit your membership and will not receive a refund. 

GENERAL TERMS

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.

You must follow any policies made available to you within the Services provided by Headshot Hunter.

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:

Sub-contract any of our obligations under this agreement to any third party; and upon notice to you (if you are a registered user or subscriber) or without notice to you (if you are a visitor), transfer or assign all or any of our rights and/or obligations under these terms to any third party.

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.

Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.

Whether your posting is for paid or unpaid work, is not in breach of any relevant law from time to time in force including, but not limited to, the laws relating to the national minimum wage, employment rights and equality/diversity. You agree that it is your responsibility to meet all legal obligations towards those whom your posting is aimed at.

Misuse of the Website

Do not misuse our Services; for example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Ownership Rights

Using our Services does not give you ownership of any intellectual property rights in our Services or the content that you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure or alter any legal notices displayed in or along with our Services.

Responsibility for Content

Our Services display some content that is not Headshot Hunter. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please do not assume that we do.

Some of our Services allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

Headshot Hunter is not responsible for the content, of the advertisement and makes no warranty as to the accuracy of the advertisements.

Headshot Hunter is not responsible for the content, and makes no warranty as to the accuracy of Members’ personal information. Users should always use their own judgement in deciding whether to contact members. We shall not be liable under any circumstances for the actions of any Member.

Headshot Hunter Rights & Responsibilities

When you upload or otherwise submit content to our Services, you give Headshot Hunter rights to, host, store, reproduce, modify, (such as those resulting from translations, adaptations or other changes that we make only so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content (all within the realms of our website). The rights that you grant in this licence are for the limited purpose of operating, promoting (internally) and improving our Services, and to develop new ones. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure that you have the necessary rights to grant us this licence for any content you submit to our Services.

You Must fill out the essential (marked with red stars) criteria in order to be shown in a search results. This can be done in profile edit. If the profile has not been filled out it will not come back in the search results.

The Basis for the Provision of our Service

We provide our Services using a reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our Services.

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.

You should not rely on any content or Service being available, accurate or complete;

You should not rely on our Services for storage or maintenance of your content or for important, sensitive or time-critical communications (e.g. using our messaging service); and

Inclusion of information, advertisements or other content relating to other users or third party services or products does not constitute any recommendation or endorsement by us of the relevant user, services or products.

Communication between Users & Links to Third Party Sites

Any communications, contracts or other arrangements between you and other users or third parties are your responsibility. Whilst our Services may facilitate such dealings, we are not responsible for them. This includes any arrangements for jobs, payment and delivery of services;

Our Sites may contain links to websites provided by third parties. We do not control and are not responsible for the availability, accuracy or content of third party websites.

We may transmit information about our Sites and Services using third party services such as Twitter or Facebook. We are not responsible for the availability of any third party services.

By making your profile public, you acknowledge that any internet user visiting Headshot Hunter may view your profile, including photos. Making your profile public will also make your profile accessible from search engines such as Google.

Liability

You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Headshot Hunter to you or any other person under or in connection with these terms and conditions, or in connection with the services, this web site, another member's acts or omissions, or your use of or inability to use, the services or this web site is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Headshot Hunter’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

You agree not to hold us liable for any loss or damage incurred as a result of:

Reliance on any content from or about other users or third parties, or about opportunities or services provided by them; nor

Any communications, contracts or dealings (or lack thereof) with other users or third parties.

Indemnity

You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your use of our services.

Breach

Without limiting any other rights and remedies available to headshot hunter, we may limit your activities on the web site, remove your advertisements, remove your profile and files, issue a warning to you, suspend or terminate your membership, or refuse to provide our services to you if you breach these terms and conditions or where headshot hunter considers it appropriate.

Intellectual property and our use of content

Materials contained on this website are protected under copyright and other laws of the United Kingdom and under international conventions and similar laws abroad. You are not permitted to use or reproduce or allow anyone to use or reproduce the name and logo of Headshot Hunter for any reason without our express written permission.

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.

You acknowledge and agree that you have obtained and will obtain all rights, licences and approvals required in any country for the use (by you, us and our other users) of any content you provide in relation to the Sites and the Services.

Site Access

Access to our site may be interrupted, restricted or delayed from time to time. We will not be liable for damages or costs in these circumstances.

Prohibitions

You are responsible for ensuring that no material you post, or which is posted through a machine on which you access Headshot Hunter, nor any activity or communication you make in connection with any Headshot Hunter service, will be capable of

Infringing the intellectual property, right to privacy, or other rights of any person or entity,

Breaching any applicable law, whether criminal, tortious or otherwise,

Appearing to be offensive, threatening, harassing, obscene, pornographic, fetish, false, unreliable or misleading, or,

Being considered spam or unwanted advertising of products or services.

Prohibition on unlawful use of content

You may not make any unlawful or unauthorised use of any content, including:

Unauthorised distribution or disclosure of confidential, personal or sensitive information (including user profiles);

Use of any content (other than content provided by you) in any manner which may compete with our business; and

Other unauthorised reproduction or use of content for commercial purposes.

content whose publication or use on the Site or in relation to the Services would be in breach of copyright or other intellectual property rights, data protection or confidentiality obligations or any rights of privacy; and

Inaccurate content about yourself or another party.

Prohibition on providing unlawful content

You may not upload, provide or transmit any unlawful, unauthorised or offensive content, including:

Content which is: discriminatory, defamatory, derogatory, indecent, obscene or abusive;

Unauthorised marketing materials or communications;

Content containing personal political or religious views;

Prohibition on other unlawful acts

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:

Attempting to gain unauthorised access;

Introducing or attempting to introduce any computer virus or other malware or cause any "denial of service" attack;

Modifying, reverse engineering or decompiling any part of the underlying software for the Site;

Stalking, harassing or threatening any person;

Sending unlawful, unauthorised or offensive communications including but not restricted to spam, identical bulk emails, unauthorised marketing communications or offensive material.

Contacting other users for reasons unrelated to or inappropriate for the Site or Service;

Otherwise restricting or inhibiting any other user from using and enjoying any Site or Service; and

Misrepresenting yourself or another party or the activities of you or another party, or committing or assisting others to commit any criminal or fraudulent act.

Applicable Law and Jurisdiction

The Headshot Hunter website is operated and controlled from United Kingdom. These terms and conditions and any agreements with Headshot Hunter arising from our website are governed by United Kingdom law. Any dispute arising in relation to these terms and conditions and any agreement arising from our website will be heard in the United Kingdom and resolved in accordance with United Kingdom law.

Inaccurate Information

All information provided to us must be complete and accurate information. If your information changes you will be responsible for providing us with the updated information. We shall not be held liable for any loss, damage or consequences as a result of inaccurate or incomplete information we receive from you.

Password and Sign in Security

You are responsible for any use of our on-line service with your password and protecting your password from unauthorised use. You are also responsible for the security of any computer where you choose to remain signed in to Headshot Hunter.

Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Headshot Hunter has no control over such sites and resources, you acknowledge and agree that Headshot Hunter is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Headshot Hunter shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.

Member contact

You agree that when you make your profile public or include photo’s on the Headshot Hunter site, Headshot Hunter will publish your personal information and photos, and allow other members to contact you. You also agree that you will not use the contact system to send junk mail, spam, offensive messages, or for any purposes other than those directly related to auditions or casting calls. Headshot hunter will be the sole judge of any breach of the conditions of use. Any breach of these conditions can result in your membership being terminated and a permanent ban from the site. No refund will be given if you have breached the conditions of use.

Sharing your content and information

Any information submitted by you through the site may be read and used by Headshot Hunter and utilised for marketing purposes indefinitely. Your Material may appear in Google and other search engines. Headshot Hunter can reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display your information (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in your information have been waived.

Privacy

Headshot Hunter collects personal information about you through your use of the services and the web site, including your registration details; and information relating to your use of the web site, the content you access, and any messages you send. You agree that Headshot Hunter may use this personal information to assist us to provide the services to you, for internal research purposes, to verify your identity, for promoting and marketing other Headshot Hunter products and services to you, and for any other use that you authorise. You agree that Headshot Hunter may use your images, profile text and/or media files for the promotion of the website. You have the ability to access and correct your personal information at any time.

We will not sell your personal information without your consent, however you agree that Headshot Hunter may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) where the law requires us to do so.

Visitors:

Some information on the Sites can be viewed by all visitors to our Site, without a registration.

Registration and profiles:

If you wish to access specific Services, you must register and set up a profile.

Subscriptions:

Additional subscriptions are required to access to some Services and you may be required to make a payment Details of how to subscribe to such a Service, any required payment and any additional terms will appear on the relevant Site.

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:

The availability of the internet or any communications network; nor

Any malfunctions, errors or other damage in or to connections, equipment or software that may occur in relation to your use of the Sites or Services.

Reporting unlawful content

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.

LINKING TO OR FROM OUR SITE

You may:

Include links to our Sites on your website or other materials; and/or

Should your website become compromised (hacked) with or with out malicious intent we reserve the right to remove your website link from our site at any time

Include links to your website within your profile(s) on our Sites,

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.

MONITORING YOUR USE OF THE SITES AND SERVICES

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.

CONSEQUENCES OF BREACHING THESE TERMS

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 remove any of your content. We may also terminate your access to the Sites and Service. 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.

CHANGES TO SITES, SERVICES AND THESE TERMS

We may, at any time and at our absolute discretion, make temporary or permanent changes, additions or deletions (together, "changes") to or from:

The Sites and the Services (including to your or other content); and/or these terms.

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.

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. No guarantee of jobs

You acknowledge that the decision to offer you jobs or appointments rest with the , users and the availability of such jobs is affected by the state of the industry as a whole. We cannot guarantee you work nor that users who view your profile will call you in for any work.

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

EMPLOYERS

AGENTS

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).

About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retrospectively and will become effective no earlier than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is any inconsistency between these terms and the additional terms, the additional terms will prevail to the extent of the inconsistency.

These terms govern the relationship between Headshot Hunter and you. They do not create any third party beneficiary rights.

If you do not comply with these terms and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.