Terms of Use

LAST UPDATE ON FEBRUARY 24th, 2020

Terms of use of the website casting.oxbelly.com

INTRODUCTION

Acceptance of the Terms of Use

Oxbelly Civil Non Profit. (hereinafter "Oxbelly") created the website casting.oxbelly.com (hereinafter “the Website"), and any information or data (e.g., inter alia documents, files, texts, graphics) contained therein (hereinafter “the Content"), for the purpose of operating its Website, through which the visitors of the Website will have the opportunity to get informed about the Oxbelly castings and to express their interest in participating in such castings by submitting their online application.

The use of the Website and of its Content is subject to the present terms of use (hereinafter "Terms of Use"), as these are each time in force, which constitute the agreement about its use between Oxbelly and each person that visits the Website (hereinafter “the User” or “the Users”). The access in any way to the Website and the use thereof (inclusive of its simple browsing) indicates the unconditional acceptance by the User of the Terms of Use, as these are each time in force.

Modification of the Terms of Use

Oxbelly reserves the right to change from time to time the Terms of Use, as well as any other rule governing the operation of the Website, at its own absolute discretion, by notifying each time any amendment through an announcement in the front page of the Website. The last update shall be cited in the Terms of Use. In continuing to use the Website after such notice it means that the User accepts these changes.

The use of the Website is subject to the Terms of Use as these are in force at the time of use. The User must periodically check the Terms of Use, in order to be informed of their content and he/she is totally responsible for such update.

USE OF THE WEBSITE BY MINORS

By accepting the Terms of Use, the User declares to be an adult over the age of 18 years old. Those exercising parental care of children must protect minors from access to adult content, otherwise they should be held exclusively liable. Oxbelly bears no liability for any access through the internet to information and services that are contrary to law, accepted principles of morality or are inappropriate or unfit for certain categories of persons, especially minors.

RESPONSIBILITY OF OXBELLY FOR THE CONTENT

The Website is provided on an "as is" and "as available" basis, without the possibility of amendments or interventions by the User.

Oxbelly makes all reasonable efforts to provide through the Website accurate, complete, reliable, trustworthy and current information. In any case, though, the Users acknowledge and recognize that due to the ongoing services of Oxbelly and the nature of the internet, Oxbelly may not be in a position to exercise at all times full control over entire content of the Website.

International Access

The access to the Website is possible worldwide. The Website may contain information about castings that are not available in the country of each User. Oxbelly, which is a Greek company, subject to Greek Law, controls, manages and is responsible for the operation of the Website. Oxbelly does not warrant and does not assume any liability whether the Website and the Content referred to in the Website are lawful in countries outside the EU. If the User accesses the Website from a location outside the EU, he/she is solely responsible for complying with local laws.

If the User deems that the Content or part thereof violates in any way his/her rights or rights of third parties, he/she may send a relevant e-mail to the address applications@oxbelly.com , in which he/she should define the Content or part thereof that heshe considers as infringing, as well as the reasons that as per his/her view substantiate the infringement.

COPYRIGHT AND INDUSTRIAL PROPERTY – GRANT OF LICENSE

Proprietary rights

The Website, inclusive of its software, as well as the Content each time contained in the Website constitutes intellectual property (including copyright) and / or industrial property of Oxbelly and / or its affiliated companies (collectively referred to hereinafter as “Oxbelly”)

or as the case may be of its suppliers and / or its assignors and is protected by virtue of the applicable provisions of Greek, E.U. and International laws, treaties and/or other legislative texts on the protection of intellectual (including copyright) and industrial property. Further, the content composition and the arrangement of the content items that each time is contained in the Website belong exclusively to Oxbelly or as the case may be to its suppliers or assignors and are protected by the relevant provisions of the Greek, E.U. and International laws, treaties and/or other legislative texts. As per the present no proprietary or other right is granted to the User in or to this Website and its Content other than those powers of use expressly set forth in the present Terms of Use.

Oxbelly, its suppliers and / or its assignors expressly reserve as per the present all their intellectual and industrial property rights in any and all items of this Website and its Content, including and not limited to copyright, industrial property rights on trade and service marks, trade names, distinctive marks, software etc.

Grant of license – Limitations of use

Provided that the User complies with the Terms of Use and the Privacy Policy, Oxbelly grants him/her free of charge a limited, non-exclusive, non-transferrable and non-assignable license to access, load, display in the screen of hisher device the Website and its Content and in general use the Website for the purpose herein stipulated. In this regard, each User of the Website acknowledges and accepts that the Website and its Content is intended solely for personal use and not for any commercial purposes. Each User is entitled to download and / or copy and / or store individual part of the Content of the Website for strictly personal use and not for commercial purposes, without deleting the indications of its source and provided that the User will protect any and all proprietary rights of Oxbelly from any insult and/or infringement. For any other purpose, these actions would only be permissible with the written consent of the Oxbelly. The access to the Website or any of the aforementioned actions will in no event result in the creation of any right, title or legitimate interest in any part that was downloaded and / or copied and / or saved or in the entirety of the Website.

Apart from the above expressly cited permissible uses, the Website and its Content may not be reproduced, copied, leased, sold, sub-licensed, assigned, transferred, exported, transmitted, retransmitted or distributed in whole or in part in any way by any User, neither may be loaned or its use be surrendered. Under no circumstances may the Website be used for any commercial purposes. The modification, editing, adaptation, translation or otherwise change of the Website and its Content, as well as the creation of derivative works or updated versions of the same is expressly forbidden. Likewise, the User may not disassemble, reconstruct or otherwise attempt to retract the source code of the Website and reverse engineer (other than to the extent permitted by law). Further, the User may not create and / or publish a database that contains significant sections of the Website, without the express prior consent of Oxbelly.

Based on the above, the User is bound not to create derivative work and work based on the content of the Website, not to copy, reproduce, republish, upload, modify, transmit, sell or exploit in any way, in whole or in part the Website, its software or the Content, the User may not introduce the same in an index, frame or utilize framing techniques to enclose the Website in a website, enter a link for direct access from another site in its internal information, copy the Website to another server by creating image and promise rights towards any third party as of deriving from the Website, without the express prior written consent of Oxbelly.

Besides, the undertaking of any actions aiming at bending or violating the security rules or terms of content use that are stipulated, applied or dictated by any kind of operability, e.g. inter alia the operability for the management of digital rights, included in the Website, is inadmissible. The User may not use the Website for accessing, copying, transferring, encoding or retransmitting content in violation of any law or rights of Oxbelly or third parties, as well as the User may not remove, conceal or counterfeit the copyright notices, the trademark notices or notices of any kind of other exclusive rights of Oxbelly or third parties that are attached or included or accessed in combination with the Website or by means thereof.

The Users may not use the Website in any illegal way, for any illegal purpose or in violation of any applicable provisions or regulations of Greek Law on intellectual property and of applicable E.U. and International legal provisions.

Any use of the Website, constituting a violation of the present Terms of Use, is strictly forbidden and will automatically lead to license termination. The license hereby granted can be freely revoked by Oxbelly, without the need of prior notice.

It is Oxbelly’s standard policy to respect and protect the intellectual property rights of third parties. If the User deems that through the Website any proprietary rights of his/her own are being infringed, the User may contact Oxbelly, by sending an email to the address applications@oxbelly.com , in which he/she should define the part of the Website that he considers as violating his/her rights, as well as the reasons that as per hisher view substantiate the infringement.

USE OF THE SERVICES OF THE WEBSITE

The use of the services of the Website and in particular the opportunity for a User to apply through the Website for participating in a casting requires the submission of an online application. For the purpose of submitting an application the User must be above the age of 18 and have full capacity to perform legal acts. The User registers in the Website by providing his/her full name, email and mobile phone number and receives an email with hisher password as well as a link to the online application form. The User submits his/her application on hisher own, by entering hisher title, first name, middle name, last name, street address, city, country, telephone number and email address (contact information), information about hisher language, dance, singing and music skills and the level of each skill, his/her sport skills as well as any other skills heshe may have, information about hisher physical characteristics (i.e. height, weight, playing age), hisher Biography and Curriculum Vitae (CV), two photos of himher (i.e. one headshot and one full body shot) as well as hisher work sample (i.e. showreel, samples of hisher previous work – portfolio etc.). In this regard the User declares and warrants that the above personal data are true, accurate, up to date and full at the time of the submission of hisher application. Each application is subject by specific rules, which the User should read carefully on the Website before submitting his/her application. For subscribing to the Website and submitting an application, the User must beforehand accept the Terms of Use, an inseparable part of which is the Privacy Policy.

When using the services of the Website (such as submitting an application for a casting), it will be necessary that the User provides personal information. As regards to the management of these data, the Privacy Policy, which forms an integral part of the Terms of Use, is applicable.

USERS OBLIGATIONS

The Users consent and agree to make lawful use of the Website. The Users are indicatively and without limitation bound that in using the Website:

  • they will not engage in any conduct that inhibits and/ or makes the smooth and / or legitimate use of the Website and its connected tools by other users impossible
  • they will not act in a way that violates the copyright or the industrial property rights of Oxbelly or third parties
  • they will not act in any way that would mislead any third party as to the source of the content of the Website and/ or would impair in any way the reputation of Oxbelly
  • they will not install, transmit and / or procure in any way the sending through the Website of digital viruses and / or any other kind of harmful or destructive files and / or programs designed to destroy or limit the function of any software or any telecommunication equipment or inhibit other users from using the Website
  • they will not install or transmit in any way on their initiative not expressly approved from Oxbelly advertising material in any form, unsought mail (“spam”) and in general they will not forward any unsolicited information in any way
  • they will not upload or transmit in any way material and information that they are not entitled to disclose by virtue of legal provisions or private agreements (e.g. confidential information)
  • they will not upload or transmit or use in any way material and/or information and/or photos and/or the image and/or other depiction created by and/or of any third person, in relation to which i) they have not obtained all necessary consents and/or approvals and/or permissions and/or ii) that they are not entitled to disclose by virtue of either contractual obligations or legal applicable provisions and/or iii) the legal applicable provisions regarding upload or transmission or other use are not fulfilled
  • they will not engage in any conduct that would infringe upon any rights or the personality and/or the image of third parties and especially in any conduct that would harm the minors in any way
  • they will not interfere with or jeopardize the security or harm in any other way the Website, its Content, the source codes of the underlying software, the server that the Website is hosted and / or any interconnected with the Website networks or networks accessible through the Website or other websites that are linked to the Website
  • they will not pursue any objective that is impermissible as per the present Terms of Use
  • they will not engage in activities likely to constitute or to encourage conduct that could qualify as criminal offence, give rise to civil liability or violate in any way any legal provision
  • they will not publish or transmit any material with content that is menacing, untrue, misleading, offensive, harassing, defamatory, obscene, indecent, scandalous, pornographic, or blasphemous. Oxbelly shall fully cooperate with all law enforcement authorities and will fully comply with any judicial decision, asking or ordering the revelation of the identity of any person publishing or transmitting such kind of information or material
  • they will immediately notify Oxbelly as soon as they experience any illegal or prohibited use of the present Website by third parties.

The use of any part of the Content in a way other than in the present Terms of Use stipulated is strictly forbidden, without the written consent of Oxbelly. In case of breach of the Terms of Use, Oxbelly shall make use of the legal remedies available by law, inclusive of the legal prosecution.

OFFICIAL SERVICE

The User agrees not to create or provide ways, as per which access to the Website would be possible through other websites or in a manner not authorized by Oxbelly. The User is bound and agrees not to use electromechanical computer equipment or software or any other method not approved by Oxebelly that will affect the Website.

PERSONAL DATA AND PRIVACY POLICY

For privacy issues and personal data management, please read the Privacy Policy which is an integral part of the Terms of Use.

AVAILABILITY AND SECURITY

Availability and Smooth Operation

Oxbelly makes all reasonable efforts for the maintenance and availability of the Website. However, the Users acknowledge that the internet is not a safe medium and that the availability of the websites may be affected by the users’ equipment, other communication networks, third parties’ access services to the internet, the large number of users trying to use the Website simultaneously or other factors. Therefore, the Users agree that Oxbelly shall have no liability whatsoever for the discontinuance of operation or any failure in the smooth operation of the Website.

The Website and Oxbelly are not at all related to the internet access services and the User remains solely responsible for the payment of all relevant charges to the competent providers of such services and for ensuring his access to the internet.

The Users agree and acknowledge that Oxbelly may amend and / or temporarily or permanently discontinue the operation of the entire or of a part of the Website with or without notice to the Users. On this basis Oxbelly is not at all liable for any damage attributable to the discontinuance of the Website or the Website’s failure of smooth operation or the inability of users to access it, the shutdown of all or parts of the Website, delay, non-delivery, interruption or poor reception quality of its services or loss of its contents or the existence of any kind of errors. Oxbelly does not warrant that the Website will be compatible with the computer, hardware and software of each User.

Maintenance

In any case, Oxbelly reserves the right at any time to temporarily or permanently shut down all or part of the Website for maintenance or upgrade reasons or for any reason, without any further liability.

Security

Although Oxbelly makes every reasonable effort to protect the Website from digital viruses and / or any other harmful or destructive files (or programs) designed to interrupt, destroy or limit the functionality of any computer software or telecommunications equipment, Oxbelly cannot warrant that the Website will never be affected by such factors. Therefore the integrity and preservation of the software systems and equipment of each User is up to his/her own diligence and Oxbelly will not be liable in case that the Users’ electronic equipment (software and hardware) is attacked by viruses and other harmful files, as these are exposed above.


Software available on this Website

Copyright or other rights subsisting in the software available for visiting the Website belong to Oxbelly or to its providers/ licensors. For the purpose of accessing information in the Website, the User might have to sign license agreements with third party software providers. User’s access to information of the Website may depend on whether the User has signed license agreements for this third party software. The use of such third party software is governed by the terms of each end user license agreement contained in the software. Oxbelly is not responsible for arranging such kind of licenses. It is recommended that the User does not install or use software, if he has not obtained the relevant license of use. However, if the User proceeds with said actions despite the absence of any license, he assumes the risk to that effect.

DISCLAIMER OF WARRANTIES

To the extent permitted by applicable law, Oxbelly may neither be bound nor warrant, nor assume any liability with regard to the legality or not of the use of the Website by the Users and in relation to the security of the Website. Further, Oxbelly does not make any warranty that the Website will meet the Users’ requirements or that its use will be uninterrupted, timely, secure and error free.

LIMITATIONS OF LIABILITY

To the extent permitted by applicable law, Oxbelly, its associates and assignors shall in no event be liable towards the User or towards any third party for any direct, indirect, positive or consequential damages (including but not limited to lost data or cease of business activities), arising from or related to: (i) the use of the Website by a User or any other third party (ii) the cost relating to the recovery of data, information or for substitute software, (iii) non authorized access or modification or deletion or loss of the data of any User, (iv) any other issue with regard to the Website or its use or (v) any issue arising from any interruption in the use of the Website or discontinuance hereof.

The material or content obtained through use of the Website is at the User’s discretion and risk, thus the User has full responsibility for any damage inflicted on his/her computer system or for any loss of data attributable to the download of such content or material.

Foregoing limitations of liability shall not apply to damages caused by Oxbelly’s willful or grossly negligent acts or omissions.

VIOLATION OF THE TERMS OF USE

In any case of breach of the present Terms of Use, the Users shall be obliged to indemnify Oxbelly for any positive damage and/ or lost profits it sustained. Oxbelly’s failure to exercise any right deriving from the present Terms of Use shall not constitute a waiver of such right.

INDEMNIFICATION

To the extent permitted by applicable law, the User agrees to indemnify, defend and hold Oxbelly, its shareholders, partners, employees and in general Oxbelly’s staff harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or allegedly arising directly or indirectly out of the User’s use of the Website, breach of these Terms of Use, or violation of any rights of another.

ASSIGNMENT

The User may not assign or transfer his/her rights under these Terms of Use without the prior written consent of Oxbelly. Oxbelly may assign all rights and liabilities under these Terms of Use to a subsidiary, affiliate or successor entity as to all or a substantial part of its business and assets without the Users’ consent.

TERMINATION

Oxbelly reserves its right to terminate the agreement that it concludes as per the present with each User without obligation for compensation and without any further liability immediately and without notice, if the User violates the Terms of Use or part hereof or Oxbelly cannot verify the information the User provided during the use of the Website.

ENTIRE AGREEMENT- SEVERABILITY

These Terms of Use, along with any other rules that the foregoing terms advert to or are to be found in the Website, constitute the complete understanding and agreement between Oxbelly and any User with respect to the subject matter hereof, i.e. the use of the Website. If for any reason any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, all other provisions shall remain in full force and effect.

MEANS OF EVIDENCE

The printed version of the Website and of the Terms of Use and any communication in electronic form shall be admissible as means of evidence before any judicial or administrative authorities.

APPLICABLE LAW AND JURISDICTION

The Terms of Use and any amendment thereof shall be governed by the Greek law. Any dispute that should arise from this agreement and cannot be resolved amicably shall be submitted to the jurisdiction of the courts of Athens.

COMMUNICATION

For any query or clarification relating to the Website the Users may advert to:

Oxbelly Civil Non Profit.

Pentelis Street 8A

Palaio Faliro 175 64

Athens, Attika

Greece

Telephone : +30 (210) 9404762

Fax : + 30 (210) 9404763

Email: applications@oxbelly.com