KAAST.app Terms and Conditions of Use
KAAST.app welcomes You to its online service (a “Service”). By using any Services provided on KAAST.app or by Find Fame, LLC, You become a user ("User," “I,” “You” or “Your”) and You agree to be bound by all of these KAAST.app Terms and Conditions of Use (the "Terms"). These Terms are a binding, legal contract between You and Find Fame, LLC. In addition, when using the Service, You agree to comply with any and all posted policies, guidelines, disclaimers or rules applicable thereto, including as such appear within KAAST.app. All such policies, guidelines, disclaimers and rules are hereby incorporated by reference into these Terms.
IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY STOP USING KAAST.app. THIS IS YOUR ONLY REMEDY.
BY CLICKING THE "I AGREE" BUTTON BELOW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE KAAST.app TERMS AND CONDITIONS OF USE (“TERMS”). THE MOST CURRENT VERSION OF THE TERMS SUPERSEDES ALL PREVIOUS VERSIONS. THE MOST CURRENT VERSION IS ALWAYS HERE: HTTPS://KAAST.APP. FIND FAME CAN CHANGE THE TERMS AT ANY TIME IN FIND FAME’S DISCRETION AND WITHOUT NOTICE TO YOU, PROVIDED THE CURRENT TERMS ARE POSTED AT THIS URL.
KAAST.app Intellectual Property Notices: Copyright © 2019 – Find Fame, LLC. All Rights Reserved. KAAST™ is a trademark of Find Fame, LLC.
1. Description of Service. These KAAST.app Terms and Conditions of Use are applicable to all users of any online services and content provided by Find Fame through the Website and any other channel, e.g. email, telephone, facsimile, and/or mobile messaging, including all functionalities, features, streaming services, audio, visual, written media, PDF, Website links and user interfaces, and all content and software associated with the Service. Collectively, “KAAST.app” and all associated information and communications are the “Services.”
2. Responsibility for Use of Services/Website; Assumption of Risk. You understand and agree that You are solely responsible for Your actions and decisions to submit information, images, visuals and video on KAAST.app. You understand that KAAST.app and Find Fame do not verify, investigate or control the production companies, casting agencies and others who may gain access to Your information, images and/or video that You voluntarily submit.
You must be at least eighteen (18) years old to use KAAST.app and/or the Services. Users of the Services who are less than 18 years old must have a parent or guardian participate in their use at all times and comply with all applicable laws, rules and regulations, including verifying age, permission and supervision of the minor.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. Find Fame makes no claims that the Services may be lawfully accessed in any specific location. Access to the Services may not be legal by certain persons or in certain states or certain countries, or may require government authorization or registration. When You access the Services, You are solely responsible for compliance with the laws, rules and regulations of Your jurisdiction.
3. Your Conduct; Security. The Services shall be used only for lawful purposes and in accordance with its intended purpose and these Terms. Find Fame specifically prohibits any use of the Services, and You agree not to use the Services, for any purposes other than those designated by Find Fame and then only according to the laws, rules and regulations of Your jurisdiction / union jurisdiction.
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, "flooding", “phishing”, "spamming", "mailbombing" or "crashing"; (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or any act of similar affect; (e) scraping or harvesting data; and (f) the use of robots to skew payouts or for any other purpose. Violations of these restrictions and/or system or network security or other inappropriate conduct may constitute criminal activity and/or result in Your civil liability. Find Fame will investigate occurrences of such violations and may involve and cooperate with law enforcement entities in prosecuting users who are involved in such violations.
You are responsible for maintaining the confidentiality of Your information as it relates to the Services, including Your username and password. You are responsible for all uses of Your username and password whether or not authorized by You. If you wish to have someone else use Your device, it is important you always log out so no other individual will have access to Your content or account. You agree to immediately notify Find Fame of any unauthorized use of Your username and password.
4. Pay Services. If You elect to access any component of the Services for which there is a fee, You agree to pay all fees and charges associated with Your account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on Your credit card. You agree at all times to maintain valid credit card information as part of Your account information when applicable. By purchasing any pay Services, You expressly agree that Find Fame is authorized to charge Your selected payment method You designate, and that no further authorization from You is required through the end of such payment method You designate.
5. Permitted Communications. By using the Services, You consent to receiving electronic and mobile communications from the Company. These communications will include emails about account, password, access, marketing, transactional and other information related to the Services and to your account. Mobile messaging is also used regularly to communicate with you about roles and KAAST.app. By using the Services, You agree to receive these electronic communications. Your carrier may impose charges for such communications, which You agree You are responsible for.
6. Ownership, Copyrights, Trademarks, Licenses; Your Submissions; User Comments/Suggestions; Data. Find Fame owns and retains all proprietary rights to the KAAST.app Services, its trademarks and copyrights. Except as expressly authorized in writing in advance by Find Fame, You are not authorized to reproduce, transmit or distribute any proprietary information of KAAST.app and Find Fame, including Find Fame’s copyrighted works (or derivatives thereof).
By submitting any information or content (collectively “Submissions”) to KAAST.app and Find Fame You represent and warrant that You own or otherwise control all of the rights to Your Submissions, that it is accurate, that it and its use does not violate this Agreement and will not cause injury to any other person or entity, and that You will indemnify Find Fame for all claims resulting from Your Submissions. You agree that all Submissions are owned by Find Fame and hereby assign all of Your rights in any Submission to Find Fame. You agree to execute any and all further assurances to perfect this assignment. To the extent that any rights in Your Submissions cannot be (or have not been) assigned, You grant Find Fame the exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display all Submissions and corresponding data throughout the universe, perpetually, in any media, and without any obligation to compensate You or Your heirs and/or successors or assigns, or any other person in any form any way related to Your Submission.
No part of Your Submissions to KAAST.app shall be subject to any obligation of confidence and Find Fame (except as required by law) and its affiliates and their owners, directors, successors, employees, assigns, licensees, and legal representatives (“Released Parties”) shall not be liable for any use or disclosure.
While Find Fame values user feedback, please be specific in Your comments and do not submit creative ideas, inventions, or suggestions. If, despite this request, users send creative ideas, inventions, or suggestions, all such Submissions (like other Submissions) shall be the property of Find Fame.
7. Warning re: Private Information. You acknowledge and agree that You are using KAAST.app and the Services specifically in order to provide Your private information to third parties whom You want to be cast by for roles posted by third parties on KAAST.app and You intend for Your e-mail address and other personal information to be provided to third parties using KAAST.app. KAAST.app and the Released Parties are not responsible for these transmissions or for the release of such information by You or by others about You.
8. Right to Monitor and/or Remove. Find Fame reserves the right, but is not obligated, to monitor materials posted on KAAST.app and shall have the right to remove any information deemed offensive. Notwithstanding the foregoing, You remain solely responsible for Your use of KAAST.app and any information contained on the site. FIND FAME RESERVES THE RIGHT AT ANY TIME FOR ANY REASON AND IN ITS SOLE DISCRETION TO RESTRICT OR TERMINATE YOUR ACCESS TO ANY OR ALL OF THE SERVICES WHENEVER FIND FAME DEEMS YOUR USE IN ANY MANNER INAPPROPRIATE OR IN VIOLATION OF THESE TERMS OR ANY APPLICABLE LAW, RULE OR REGULATION.
9. Do Not Rely on KAAST.app. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from KAAST.app or Find Fame. Find Fame does not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from Your reliance on or use of such information.
10. No Warranties. THE SERVICES ARE PROVIDED ON AN "AS IS", “WHERE IS”, AND “AS AVAILABLE” BASIS. NO WARRANTY – EXPRESS, IMPLIED, LIMITED OR OTHERWISE – WITH RESPECT TO THE SERVICES OR KAAST.app IS GIVEN. Notwithstanding the generality of the foregoing, KAAST.app and Find Fame do not warrant that the Service will always be available, be uninterrupted, be error free, meet Your requirements, or that any defects in the Services will be corrected.
11. Entire Agreement; Changes to Terms; Severability; Waiver. This Agreement constitutes Your entire Agreement with Find Fame with respect to any Services and KAAST.app. Find Fame shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms without notice or liability to You. Any changes to these Terms shall be effective immediately following the posting of such changes at HTTPS://KAAST.APP. You agree to review these Terms from time to time and agree that any subsequent use by You of the Services following changes to these Terms shall constitute your acceptance of all such changes. If any provision of these Terms is found to be invalid, the remaining provisions will be in full force and effect. The failure of KAAST.app or Find Fame to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by KAAST.app or Find Fame must be in writing and signed by an authorized representative of Find Fame.
12. Limitations of Liability; Indemnification. By using the Services and/or KAAST.app, You agree to release, hold harmless, and indemnify Find Fame and the Released Parties from all losses, claims, damages, costs, liabilities and expenses of every kind (including reasonable attorneys’ fees) that directly or indirectly result from Your accessing the Website or using any of the Services or as a result of your relationship with Find Fame or use of KAAST.app (collectively, “Claims”), including any breach by You of these Terms, even in the event of Find Fame’s negligence.
YOU AGREE THAT IN THE EVENT OF ANY BREACH OF THESE TERMS BY FIND FAME, YOUR ONLY RECOURSE AND RELIEF AGAINST FIND FAME SHALL BE TO TERMINATE USE OF THE SERVICES. IN ADDITION TO THIS LIMITATION OF LIABILITY, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NO RELEASED PARTY SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES OR FROM ANY ACTIONS A RELEASED PARTY TAKES OR FAILS TO TAKE OR OTHERWISE RELATED TO ANY CLAIMS (DEFINED ABOVE). THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF THE RELEASED PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, THE RELEASED PARTIES’ MAXIMUM, AGGREGATED LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR ANY CLAIM (DEFINED ABOVE), REGARDLESS OF THE CAUSE OF ACTION, SHALL NOT EXCEED THE AMOUNT, IF ANY, YOU ACTUALLY PAID FOR THE SERVICES IN THE IMMEDIATELY PRECEEDING THREE (3) MONTHS.
13. Governing Law; Mandatory Venue and Jurisdiction; Injunction; Jury Waiver. This Agreement or any dispute arising from or related in any way to this Agreement is governed by the laws of Florida, without regard to provisions of conflicts of law. The exclusive and mandatory venue and exclusive jurisdiction for resolving Claims (defined above) are Miami-Dade County, Florida, USA and the State and Federal Courts located in that county, respectively.
As to that mandatory venue and those Courts and to any other venue and any other courts anywhere in the world, You voluntarily, irrevocably and unconditionally waive Your rights to trial by jury and any and all objections and/or defenses to the enforcement of these Terms and in connection with any Claims (defined above) based on venue, forum, convenience and personal jurisdiction.
You acknowledge and agree that Find Fame and its affiliates shall be entitled to injunctive or other equitable relief, including temporary, ex parte, preliminary or permanent injunctive relief it may determine in its sole discretion to restrain, prevent or enjoin any breach by You of these Terms (an “Injunction”). You consent to and accept entry of any Injunction Find Fame or its affiliates shall elect in any court that may have jurisdiction and You agree that such party shall not be required to post (and that You shall not ask any Court to require) any bond to obtain that Injunction. You agree injunctive relief shall be in addition to, and not in limitation of, any other rights or remedies Find Fame and its affiliates may have at law, in equity, or otherwise.
14. Certification. You certify that You are at least 18 years of age and that Your answers to the registration materials on KAAST.app will be in accordance with these Terms and KAAST.app’s embedded instructions. In accessing and using KAAST.app, You understand and agree that the information submitted by You to KAAST.app, will be published to others.
You further understand and agree that clicking or pressing on the "I agree" is the electronic equivalent of a written signature on this document. IF AT ANY TIME YOU DO NOT AGREE TO THE TERMS OR INCORPORATED POLICIES OR TO OTHER TERMS OF SERVICE ON KAAST.app, YOU MUST IMMEDIATELY CEASE USING KAAST.app.