INTRODUCTION

1. These Terms of Use (“Terms of Use”) govern your use of the Platform. By registering an Account and using the Platform, you agree to accept these Terms of Use.
2. The Platform is owned and operated by BRYAR CASTING (“TRD”, “us” or “we”).
3. In these Terms of Use, Industry and Individual are collectively and individually referred to as “users” or “you” as the context requires.
4. Your access to and use of the Platform is conditional upon your agreement to and acceptance of these Terms of Use. Each time you use the Platform, you agree to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, do not use the Platform.
5. These Terms of Use apply to all transactions conducted on the Platform, as well as to your access to, and use of, the Platform.
6. We may at any time change these Terms of Use. Changes will take immediate effect and may affect your ability to use the Platform. We will endeavour to notify you of any change prior to the date such change comes into effect by email to the email address you provided when creating your Account, however it is your responsibility to check if there have been any changes to these Terms of Use each time you use the Platform. Your use of the Platform following the posting of any changes to these Terms of Use constitutes your acceptance of those changes.

REGISTERING AN ACCOUNT

1. In order to use the Platform, users must register an Account. Without limiting the registration details we may require, you acknowledge that we may require you to provide us with:
2. a personal or company name / profile:;
3. an email address;
4. the details of a Valid Card and/or bank account.
5. We reserve the right to refuse or cancel registration of an Account for any reason in our sole discretion.
6. All information provided when registering an Account must be current, correct and complete. Incomplete, ineligible or incomprehensible Account registrations will not be valid. You must be logged in to your Account in the manner required each time you wish to use the Platform. You may never use another person’s Account without their permission.
7. Your Account is personal to you and you must not transfer it to others, or allow third parties to access, or use your Account, except with our express written permission. If a legal entity such as a company has created an Account, you, the legal entity, are the Account owner, and regardless of any change in any contact details, you will remain responsible for your Account as set out in these Terms. If you wish to change the Account owner, you must provide us with a written request to transfer ownership of the Account to the incoming party, which must also include the incoming party’s written consent to take over full responsibility for the Account. Third parties may never use, or access, another person’s Account, unless that third party is expressly authorised to use the Account because it acts for, or on behalf of, the Account holder, including if it is the Account holder’s personnel.
8. You are responsible for maintaining the strict confidentiality of your Account details and for controlling access to and use of your Account, and any activity, including any unauthorised activity, under your Account. You agree to immediately notify us of any unauthorised use of your Account (including any unauthorised third party access to your Account) or any other breach of security. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
9. You acknowledge that selected information in your Account profile will be viewable on the public platform. This includes your first name and last initial, your instagram social media handle where applicable, your bio, your age and your occupation and your state. You acknowledge further filtered information will be accessible to paid Industry account holders on the Platform. 

USING THE PLATFORM

1. Once your Account is approved and registered, the Platform allows paid and non paying Industry to contact you for castings. The Platform will send individuals casting call outs where individuals can apply directly to castings. . 
2. If an individual is successfully cast, the individual and the industry are solely responsible for all casting details. 
3. You may not decompile, reverse engineer, disassemble, or convert any element of the Platform to a human perceivable form; distribute, disseminate, broadcast, circulate or republish any element of the Platform in any way (including any Content which it does not own, or have the relevant legal rights to); resell, rent, lease or lend any element of the Platform; defeat, disable or circumvent any security feature of the Platform; transfer, or allow access to, any element of the Platform to any third party (including any Content which it does not own, or have the relevant legal rights to); or authorise any third party to do any of the acts above.
4. You must not engage in crawling, scraping, caching or otherwise accessing any content (including any Content) on the Platform via automated means.
5. The Platform is designed for use for 18 years of age or, in any event, we can seek further information from you to verify your eligibility to use the Platform. If you do not meet the minimum age  you must not use the Platform.
6. The individual is solely responsible for providing  the industry with the legal right to work details where applicable. Bryar Casting, Bryar Connects, TRD are not held accountable or responsible for this. 
7. You are solely responsible for your interactions with other users of the Platform. You agree that we are not responsible for the conduct of any user.
8. You represent, warrant and agree that you will not use the Platform, including any Content, in any way that competes with the Platform or our business.
9. You agree that you will not knowingly induce or otherwise assist any user of the Platform to breach its duties and obligations under these Terms of Use (including any of its confidentiality obligations).
10. You agree that we will use the provided and public content available from the individual to post on the Platform to build the individual's profile. 
11. Nothing in these Terms of Use is intended nor does create a partnership, agency, employment or fiduciary relationship between Bryar Casting, Bryar Connects, TRD and any user.
12. Individuals acknowledge that Industry may require that you meet specific criteria to be eligible to apply for a casting. You agree to not apply for any casting where you do not meet all of the specific criteria required by the Industry.
13. Subject to your compliance with these Terms of Use, you are granted a limited, non-exclusive, revocable and non-transferrable licence to access and use the Platform solely in the manner expressly specified in these Terms of Use. Any cost associated with accessing and using the Platform generally remains your responsibility and is dependent on the service provider used. You are responsible for ensuring that your computer system or mobile device (as applicable) is compatible with the Platform and meets all relevant technical specifications necessary to obtain the benefit of the Platform.
14. The Platform may contain links to other sites not maintained by us (“Linked Sites”). We are not responsible for the content of any Linked Sites. Bryar Casting, Bryar Connects and TRD does not in any way endorse any Linked Sites and is not responsible for the quality or delivery of any products or services offered, accessed or advertised by such Linked Sites. To the extent that these Linked Sites collect personal information from you, we shall bear no responsibility or liability for the manner in which such information is used.
15. The Platform utilises social network or share functionality and will contain social media links, applications or features (including but not limited to Facebook, Tik Tok, Twitter and Instagram). Your use of any social media platforms is subject to the particular social media platform's prevailing terms and conditions of use. By using any social media applications or features on the Platform, you consent and agree to be bound to the particular terms and conditions of use of the social media platform. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with the social media links, applications or features on the Platform.

Individual Accounts and Subscription Fee

1. Individuals acknowledge that a Subscription Fee applies. When individuals register to join the TRD community and have an Account, you may select what payment plan suits you. 
2. When registering a paid Account and providing us with the details of your Valid Card, you authorise us to charge your Valid Card the Subscription Fee at the then current quarterly or yearly rate for your paid Account (as applicable). The Subscription Fee will be charged to your Valid Card in advance of each quarterly or yearly subscription period.
3. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.
4. For more information on the features, inclusions and exclusions for paid Accounts, see pricing.

Industry Accounts and Fees

1. Industry acknowledges that different features apply to the free and paid industry accounts. For more information on the features, inclusions and exclusions for paid Accounts, contact the team for personalised quotes. 

Individual Relationship with Industry

1. If the individual is a member of any guild, union or industrial organisation, you warrant that you have not entered into any other agreement, arrangement or understanding which would or may prevent or limit you from adhering to these Terms of Use, performing your obligations or granting the rights and benefits set forth in these Terms of Use.
2. You acknowledge that Bryar Casting, Bryar Connects and TRD provides the Platform as an online marketplace and that the individual is solely responsible for seeking and finding opportunities including responding to casting opportunities and that Bryar Casting, Bryar Connects and TRD is not your agent, representative, or manager.
3. You are solely responsible for ensuring that you understand the terms of your agreement with the Industry.

ADDITIONAL TERMS FOR INDUSTRY

Payment Terms for Industry

1. You agree to pay us the industry fee in accordance with these Terms of Use.
2. You acknowledge that Bryar Casting, Bryar Connects and TRD acts solely as a payment facilitator and agree that Bryar Casting, Bryar Connects and TRD is not liable for payment between Individual and industry. 
3. You agree that you will not pursue any actions, legal or otherwise, against us in connection with the payment service, and that this provision constitutes a bar to any such actions or proceedings.

Terms for Castings

1. Bryar Casting, Bryar Connects and TRD in its sole discretion reserves the right to reject Jobs that do not comply with these Terms of Use.
2. Industry acknowledges that Individuals are independent third parties and not controlled by Bryar Casting, Bryar Connects and TRD. 
3. The industry  specifically acknowledges and agrees that the Industry is solely responsible (and assumes all liability and risk) in respect of the services provided by individual and casting job.
4. You acknowledge that Bryar Casting, Bryar Connects and TRD  has not made any warranties in respect of the success of any casting job or as to the suitability of any Individual for a casting job, or in respect of your business or commercial performance.

Cancellations 

1. Bryar Casting, Bryar Connects and TRD are not responsible for any cancellations between Industry and Individual.  

INTELLECTUAL PROPERTY

1. All Bryar Casting, Bryar Connects and TRD Materials on the Platform are protected by all applicable laws including copyright and may not be used by you except as permitted in these Terms of Use. Nothing in these Terms of Use will be taken to constitute a transfer, assignment or grant of any ownership rights in any Intellectual Property Rights in the Bryar Casting, Bryar Connects and TRD Materials to Industry or Individual. You must not copy, communicate or exploit the Bryar Casting, Bryar Connects and TRD Materials for any purpose without the prior written consent of Bryar Casting, Bryar Connects and TRD.
2. You agree to grant to Bryar Casting, Bryar Connects and TRD  in respect of all Content uploaded to the Platform and all images of Job Materials, a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence to use the Content and images for the purpose of marketing, casting and promoting Bryar Casting, Bryar Connects and TRD (and its products and services) in any manner. You acknowledge that Bryar Casting, Bryar Connects and TRD  may reproduce such images from your official sites and platforms for such purposes.
3. You warrant that:
4. you own, or have the relevant rights to, the Intellectual Property Rights in Content you upload to the Platform and have the right to license the Content to Bryar Casting, Bryar Connects and TRD in the manner set out in these Terms of Use; and
5. any Content you upload to the Platform does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive, or defamatory or that is in breach of any Intellectual Property Rights.

INDIVIDUAL & INDUSTRY REPRESENTATIONS AND WARRANTIES

1. You warrant that:
2. all information you provide to us upon registering for an Account is true, accurate and complete and not misleading;
3. You have the right and authority to create an Account and agree to these Terms of Use, including, where relevant, the authority of any Industry or individual to create an Account, agree to these Terms of Use and to use the Platform on its or his or her behalf;
4. You are authorised to submit Content, as applicable, in the manner invited via the Platform;
5. You will not share any personal information of other users of the Platform with any third party;
6. any Content you submit to the Platform will not contain anything that;
7. is illegal or contrary to any laws, applicable industry code or the requirements or directions or relevant regulators;
8. is copied or adapted either wholly or substantially from any other work or material;
9. is indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, offensive or objectionable or contains, depicts or alludes to or promotes aggressive, unruly, antisocial, lewd or illegal behaviour or sexually suggestive imagery;
10. parodies, disparages or makes fun of  or its products of services or Bryar Casting, Bryar Connects and TRD generally in any way;
11. solicits passwords or personal information for commercial or unlawful purposes or provides any telephone numbers, street addresses, last names, URLs or email addresses;
12. promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated materials;
13. involves the transmission of junk mail, chain letters, unsolicited mass mailing or spam; or
14. infringes the privacy rights, contract rights or other rights (including Intellectual Property Rights) of any person, corporation or entity.

ACKNOWLEDGEMENTS

1. The scope and coverage of the insurance provided by Bryar Casting, Bryar Connects and TRD is subject to the terms and conditions of the insurance policies maintained by Bryar Casting, Bryar Connects and TRD. It is your obligation to ensure that you understand the terms and conditions of the policies maintained by Bryar Casting, Bryar Connects and TRD and the limitations therein. 
2. The Individual and Industry are required to maintain your own insurances in respect of your use of the Platform as are appropriate for your own circumstances, including for any services, bookings, castings and/or fee payment. You acknowledge that you are solely responsible and liable if our insurances do not cover you for any claim, event, occurrence, act, omission or other incident. 
3. The Client and the Talent acknowledge that:
4. Bryar Casting, Bryar Connects and TRD will not be responsible or liable in any way for any postponement, cancellation, no-show, termination or other non-performance of a Job, casting, or any dispute between Industry and Individual in respect of a Job, casting; and
5. we reserve the right to increase our fees or introduce new prices or charges at any time.

INDEMNIFICATION

1. You agree to indemnify, and must defend and hold harmless, Bryar Casting, Bryar Connects and TRD and its related bodies corporate, personnel, servants and agent, from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in any way connected with any of the following (including as a result of your direct activities on the Platform):
2. your Content or access to the Platform;
3. your use of any Content on the Platform;
4. your breach of these Terms of Use (including your privacy or confidentiality obligations) or any of the warranties or covenants given or made by you;
5. your participation in, casting of, booking of, or provision of services for a Job;
6. your claim against Industry for any reason;
7. your claim against a Individual for any reason;
8. any claim by any third party (including any other Industry or Individual) arising directly or indirectly from you breach of any of the provisions of these Terms of Use;
9. any claim or allegation that your Content infringes a third party’s rights, including Intellectual Property Rights.
10. your violation of any applicable laws, rules or regulations; and
11. any misrepresentation made by you.

LIMITATION OF LIABILITY

1. You agree that you use the Platform at your own risk and that Bryar Casting, Bryar Connects and TRD disclaims any and all responsibility for any damage or loss that you may suffer or incur as a result of using the Platform. To the maximum extent permitted by law.
2. the Platform and the Bryar Casting, Bryar Connects and TRD and any other features or functions associated with the Platform are provided "as is" and "as available" with all faults and without warranty;
3. no circumstances will Bryar Casting, Bryar Connects and TRD be liable in any way for any Content, including but not limited to any errors or omissions in such Content or any loss or damage of any kind incurred as a result of any use of Content posted, transmitted or otherwise made available via the Platform;
4. we do not make any promises or assurances to you about the Platform or the Bryar Casting, Bryar Connects and TRD, including without limitation that your use of the Platform will be uninterrupted or error-free;
5. we make no representations or warranties in relation to the accuracy or completeness of the information, advice or other content available on or via the Platform and we do not accept any liability in relation to your reliance on such information, advice or other content; and
6. we will not be liable for any loss or damage (including indirect or consequential loss or damage, loss of profit, loss of revenue, loss of data or loss of opportunity) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use by you of the Platform.

CONFIDENTIALITY

1. You must (and must ensure that your personnel do) keep confidential, and not use or permit any unauthorised use of, all Confidential Information. This obligation will survive the termination or expiry of these Terms of Use.
2. For the avoidance of doubt, you agree that the Content forms part of the Confidential Information, and you may not use, or disclose, any of the Content, in any way that is not permitted under these Terms of Use. You acknowledge and agree that, at times, Content, is not accessible in the public domain, and is of substantial value to users of the Platform.

PRIVACY

1. Bryar Casting, Bryar Connects and TRD collects, uses, holds and discloses personal information in accordance with its privacy policy and otherwise as set out in these Terms of Use. These Terms of Use prevail to the extent of any inconsistency.
2. In addition to the purposes of collection set out in our Privacy Policy, Bryar Casting, Bryar Connects and TRD collects personal information from you for the following purposes: to enable us to administer and provide the Platform; to connect Industry with Individualst; to facilitate payments; and to assist us in improving the Platform and our services. 

MONITORING, SUSPENSION AND TERMINATION

1. Bryar Casting, Bryar Connects and TRD reserves the right to monitor the Platform generally and all Account activity. If your Account shows signs of fraud, abuse or suspicious activity, we may close or freeze the Account immediately. Bryar Casting, Bryar Connects and TRD retains the right and absolute discretion to suspend or terminate your Account, and/or access to the Platform generally without notice if we believe you have abused any privilege accorded to you as a participant on the Platform, supplied misleading information or made any misrepresentations to us in connection with the Platform, tampered with the Platform in any way, breached these Terms of Use, or engaged in any unlawful or other improper misconduct calculated to jeopardise the proper administration of the Platform. Bryar Casting, Bryar Connects and TRD retains the right to remove any Content that it considers breaches these Terms of Use.

GENERAL TERMS

1. If the Platform is not capable of running as planned for any reason beyond the reasonable control of Bryar Casting, Bryar Connects and TRD, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Platform, Bryar Casting, Bryar Connects and TRD reserves the right, in its absolute discretion, to cancel, terminate, modify or suspend the Platform.
2. The Platform may incorporate features such as pop-up notifications, automated emails, FAQs, and other resources. You acknowledge and agree that such features are provided for information only and that they do not form part of, or in any way modify, these Terms of Use.
3. These Terms of Use are governed by and are to be construed in accordance with the laws of the State of New South Wales and the parties submit to the jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.

CONTACT AND HELP DETAILS

• You may contact us at: casting@therealitydirectory.com

DEFINITIONS

• The following terms have the following meanings in these Terms of Use:
• ‍“Account” means an account completed by a Industry or Individual for use of the Platform;
• “Industry” means any person or entity, or its duly authorised agents or representatives, registered to use the Platform which requires professional or creative services of Individuals for Jobs, castings;
• Confidential Information includes information which is disclosed to a party in connection with these Terms of Use at any time, is prepared or produced under or in connection with these Terms of Use at any time, any Content, relates to a party’s business, assets or affairs; or relates to the subject matter of, the terms of and/or any transactions contemplated by these Terms of Use, whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever a party receives that information;
• “Content” means any content uploaded to the Platform by a Bryar Casting, Bryar Connects and TRD, including any posts, comments, reviews, information (including contact information), video, audio, photographs, bio, names, ages, occupations, images, illustrations, animations, castings, data or other interactive features which may be made available on the Platform;
• “Intellectual Property Rights” means all present or future intellectual property rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, any rights in silicon chip topography, Confidential Information and Know-How and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise;
• “Job” means a project including but not limited to a reality TV show, campaign or other brief of an Industry member which requires the services of Individual, as specified by the Industry. 
• “Platform” means the Website, the Application and any associated Bryar Casting, Bryar Connects and TRD  properties or websites;
• “Subscription Fee” means a subscription fee which is payable by a Individual to Bryar Casting, Bryar Connects and TRD for use by the Platform;
• “Individual” means a user of the Platform who registers as being open to casting opportunities. 
• “Bryar Casting, Bryar Connects and TRD materials” means the Platform and any associated materials owned, developed or licensed by Bryar Casting, Bryar Connects and TRD and made available via the Platform;
• “Valid Card” means a valid Visa, Mastercard or American Express credit card.
•