Terms and Conditions
This Site and related Services are provided by the BLAUE KUNST AGENCY, LDA, whose business address and registered office is Rua Dom Jorge da Costa, n.º 10 Loja 1400-414 Lisboa. BYOA is a B2B membership platform that allows Actors and Actresses and Casting Agents and Agents to connect. BYOA offers a consultation service (forwarding) to its Users only for professional casting/agent messages. BYOA reserves the right not to forward any material that it deems inappropriate or offensive. The use of Platform is only for professionals in the film, theater, and television world. All actors and agents must provide evidence of adequate training and/or the necessary professional work experience. We have the right to refuse to accept an order or provide given without giving any reason. BYOA is not an employment agency and does not accept commissions on job opportunities found by its Users. All Users must comply comply with all applicable local, national and international laws and regulations, where applicable. Our Website and App are only intended to be used in connection with the Platform Services. Any other use of the software is not permitted. Most parts of the Website are only accessible to registered users.
After registration, Users will determine their login information (ID and password) and will keep this information secret. You are responsible for your account and its security. If you believe that your account is compromised, please contact us immediately. You are solely responsible for any misuse of your login information. You can always delete your account if you violate any of the Terms and Conditions of Use. We may deactivate your account at our discretion. We may cancel or suspend your account at any time, at our discretion. We may also cancel any membership subscriptions and remove any descriptions, information, or benefits at our discretion. You may not file a claim against us for suspending or terminating someone else's account, and you agree that you will not file such a claim. If you attempt to file such a claim, you are responsible for damages caused, including going to the attorney's fees and costs. These terms remain in effect even if you no longer have an account. When creating an account, you must provide us with accurate information in good faith. Customer agrees to keep their information up to date if it changes. By agreeing to these terms and conditions, you are entering into a contract with BYOA and agreeing to the lawful use of your personal data as necessary for the performance of your contract with us. Therefore, you should print and keep a copy of the relevant terms of service, Site Terms, and these Terms of Sale and Payment for your records on the date of membership or renewal.
2. Definitions'Content' means the information and other materials or applications available within the Platform, including excerpts of films and audiovisual works. 'Services' means various services that may be made available by BYOA from time to time.'Site' means the sites located on byoa.pt. 'The User ' means the User of the Site(s) or the Content. 'We/we' means BYOA.
4. Intellectual PropertyYou acknowledge that all copyright, trademark and other proprietary rights intellectual property on the Sites and Content belongs and will continue to belong to us, our licensors or contributors.You are personally and exclusively responsible for any Content or information you upload, post, or otherwise transmit to the Website or through from the Website to any other recipient. The user guarantees that the information or content provided by him does not infringe intellectual property rights, such as in particular trademarks and copyrights, of third parties. We reserve the right to remove any Content from our Website without prior notice, if we deem such removal necessary to avoid third-party claims. To avoid infringement of intellectual property rights, we may control r or edit the Website or restrict access to it, in whole or in part. By uploading the Content, you grant BYOA an unlimited, royalty-free, sub-licensable worldwide license to store and make publicly accessible such Contents. Customer warrants that it has the right to grant such a license. You agree to defend, indemnify and hold BYOA and any Affiliates harmless from any claims and expenses, including reasonable legal fees, related to any intellectual property claims by third parties in connection with your use of the Platform. BYOA is not responsible for any material that the User has made available to the Platform for processing an order, nor is it responsible for any expenses related to the replacement of lost data.
You also have the option to contact us using various forms (such as such as contact forms and tender forms). If you use our contact form, we will collect your first name, last name, and email address. Any other information is voluntary.
b. Personal dataYour personal data are processed for the provision of this website and for the purposes of the form of contact on the basis of our legitimate interest. It is technically necessary that we process certain personal data (such as IP address) for the provision of this Website. We must process the aforementioned personal data when you communicate with us via our contact form. . With regard to the necessary balance of interests, we have weighed your interest in not disclosing your personal data against our interest in providing this Website and in establishing contacts. Otherwise, we will not be able to provide you with this website or respond to your contact request. We process your personal data to establish, execute or process a user agreement for the performance of our services. You will find a description of our services on the respective offer page of our Website. The User acknowledges that, unless expressly opposed, the means of communication and metadata introduced by them or by us on their behalf may be viewed and stored by Internet users. When a profile is registered on our Website, we collect the personal information provided upon registration, such as your name, address, email address, and telephone number ('User Data'). Other personal data, such as biometric data for the unique identification of a natural person, will be provided by the User to be included in his Profile. We also collect information that users submit when filling out forms on our Website, inquiring about our products or services, or about any other use of the Website.
User data may be used for the following purposes: a) Provide services that are offered on our website or through our application and that have been selected by you; b) to communicate with you; c) to introduce you to our current and future products and/or services that may interest you.
We present customer data to the following categories of recipients: d) Managed Hosting Provider e) Cloud provider f) Payment processors (if needed) We may disclose customer data if we deem such disclosure necessary to comply with the law, enforce or protect our rights, our property, or our safety, or to protect the rights, property, and safety of others.
c. Retention of personal dataAs a rule, we delete your personal data if the respective purpose of storage is omitted and no requirement legal to require storage.
d. Your rights as a data subjectIn principle, you have the right to information about personal data concerning you , as well as rectification or deletion or restriction of processing. In addition, you have the right to object to further processing and the right to data portability. If you have given us your consent, you can revoke it at any time with effect To do so, please contact 'EMAIL'. You also have the right to appeal to a data protection supervisory authority. The supervisory authority responsible for data protection is, for us, the supervisory authority responsible: DATA AGENCY PORTUGAL
e. Sources from which your personal data may originateActors and Foundry Agents may access Actor's personal data Users on the Platform.
6. Use of the Platform, Website, and AppIn addition to and notwithstanding any restrictions mentioned or imposed above By law, you agree:i.Not to use the Content or Services for any illegal purpose ii.Not to use the AP Website/Services and its Content in violation of any applicable law iii. Not create a false or misleading identity or attempt to mislead BYOA, other Users or third parties as to a User's identity iv. Not make any use of or interfere with the Site or Services in such a way that all or part of the Site is interrupted, damaged, rendered less efficient, or that the effectiveness or functionality of the Site is in any way impaired v. Not use the Site or Services for the transmission or publication of any virus, malware or other harmful software , or any defamatory, offensive, obscene or threatening material , or in such a way as to cause annoyance, inconvenience or unnecessary anxiety vi. Not to contact other Users or use the Services for the purpose of disseminating harassing, defamatory, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise illegal or objectionable material of any kind or nature, or to infringe the privacy rights of any person vii. Do not contact Users for private matters viii. Not to use the Platform to collect information about others, including email addresses, without their consent or for any activities linked to spamming or unsolicited email activities. ix. Do not request information, photos, or videos that are inappropriate. x. Not to harass or attack Users based on their characteristics, such as ethnic or national origin, religion, sexual orientation, gender, gender identity, serious illness, or disability. xi. Not to advertise your own products or services or those of others, including rival foundry platforms. xii. Do not advertise political parties or ideologies. xiii. Not to use a link to or Content from a User's profile on any publicly accessible website or without your express permission. xiv. Not to use a link to the Content or details information accessed through the Platform on any publicly accessible website or without the express permission of BYOA or the User. xv. Not to copy, transmit, distribute, publish, commercially exploit or create derivative works from the Site or Content (and associated ideas and information), or the BYOA name or logo, without BYOA's prior written permission. xvi. Not to use the BYOA logo, name, brand or materials to imply or attempt to imply any endorsement or other association of any product or company for any purpose. xvii. We reserve the right to take appropriate steps to avoid any breach of the above terms or any other breach of the BYOA terms.When you send messages through the Platform, you are legally obligated to follow our guidelines when making contact. for the casting of another User, as well as the exchange of information regarding the respective project for which you are casting.
7. Scraping or Extraction - ProhibitionIn addition to and notwithstanding any of the above restrictions, extraction is strictly prohibited , copying, or reusing any content, information, or data on the Site by any automated system, software, manual process, or otherwise, for use on other sites, applications, or systems. You will not engage in such acts or activities, nor authorize or will facilitate others in relation to them without our express written permission, which will be subject to other written terms.
8. No Warranty and LiabilityThe Platform and Services are provided 'as is' and 'as available' ' and without warranty of any kind, express or implied. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the fullest extent permitted by law. Warranty disclaimers under this clause apply to as well as our subsidiaries, affiliates and third party service providers. We cannot guarantee the continued accessibility of the Website or the availability of our services and we assume no liability for damages resulting from loss of data or inability to gain access. to the Internet or to send, receive, upload or download information. Furthermore, we will not be liable for any damages caused by malicious software from third parties. You agree that BYOA will not be liable for any loss or damage arising directly or indirectly from or in any way connected with the Site or the use of or reliance on the Content or any information obtained through the Site or any reservations or purchases made to third parties through the use of the Site. Site, including, without limitation, damages for lost profits, loss of business, or any other consequential or financial loss (even if we have been advised of the possibility of such loss or damage). You agree and acknowledge that it is solely responsible for evaluating any goods or services offered by third parties or by us through the Website or Platform. The user acknowledges that any reservations or purchases of services made with third parties through the Platform will be subject to the terms and conditions and privacy policies of the third party providing the service and/or goods in question and that we will not be a party or in any way responsible or liable. before you with respect to any transactions between you and third parties.
9. Platform AvailabilityUser acknowledges that failures may lead to temporary unavailability of the Platform, Website, App, and Services; and that the operation of the Platform and related Services may be adversely affected by conditions and performance beyond our control, including, without limitation, the transmission, and telecommunications links between you and us and between us and other systems. and networks. Accordingly, the Platform and Services are provided 'as is', and we do not accept any liability resulting from any non-availability or interruption in availability.
10. Links to Other WebsitesWe may provide links to other websites on our Website or during other communications. You acknowledge and agree that we are not responsible for the availability of such external sites and we do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or available from such sites, nor for any issues encountered. through your use of such services.
11. Sales and Payment Service Terms PaymentPlacement of an order is equivalent to an offer of membership, subscription or purchase, as the case may be. All offers are subject to our acceptance. BYOA must normally receive payment of the full membership price before your order can be accepted. It is not our policy to offer credit accounts for payments. Please do not be offended if we decline your order. If you are a new User, please make sure that you have read and understood the terms and conditions. If you pay by card, your card may be pre-authorised, which creates a hold on your card until the payment is made or the transaction is cancelled. You will be charged in the currency indicated at the checkout stage, which, if it is not the country of your bank account, will be converted by your bank into the currency of your bank account when processed. We are not responsible for any additional fees your bank may charge. We accept Visa, MasterCard, Maestro (Switch), or, in some cases, bank transfers. The means of payment used, such as credit cards, must be held on behalf of the User. If we need to refund you for any reason, we will refund the card or other payment method on which the order was placed.< /br> Once you have submitted your payment details, your order will proceed automatically. Unfortunately, we will not be able to prevent payment at this stage. If you have any concerns about a payment that has been submitted for processing, please contact our team during business hours. If you receive an invoice from us or receive a service from us without paying in advance or on the day, payment terms will be stated on the invoice, if applicable, or due immediately. We reserve the right not to proceed with additional services even if a deposit or full payment has been made until all due payments have been received. In the event of late payment, we may charge interest daily from date the payment was due, in accordance with Portuguese law. We may also seek to recover debt collection costs and expenses.All expenses generated by payment transactions must be borne by the User. Each contract entered into with us relating to the provision of a specific service applies during fixed period of the agreed term and cannot be terminated during that period.The User has the right to give notice within one month before the end of the contract term. If the User does not give notice within the aforementioned period, then the contractual relationship is automatically renewed for the same period of time initially stipulated.
b. Failed Direct Debit Payments and outstanding feesIf we are unable to collect your dues by the due date, we will attempt to charge you a second time.If we are unable to collect your payment on our second attempt, your user access to the platform will be suspended or terminated, depending on the circumstances. As long as your account is suspended, your annual contract will continue until your original end date, even if your services have been suspended due to non-payment of the monthly installment(s); your end date of membership will not be extended to compensate you for any time in your services have been on hold. Missing payments for suspended members must be made within 14 calendar days of the date services were suspended. will expire sooner and will be considered a Missing user. You can reactivate your membership at any time after your membership expires; however, a member who has previously missed a monthly payment will not be offered a monthly payment option and must pay annually in advance by debit or credit card. We reserve the right to make price changes at future member quotas. This will not affect your current annual membership fees, but future fees may increase. We will always notify you of any price changes prior to renewing your membership.
c. Cancellations and RefundsBYOA reserves the right to refuse or cancel membership/services for any User without any explanation. If membership or subscription is canceled or refused at will, a full refund will be given. In addition, we reserve the right to terminate membership, subscriptions and accounts, temporarily or permanently . a) where our staff or others are subject to abusive, offensive, or threatening behavior; b) where the information provided cannot be validated; c) where there are applications or fraudulent activities (or where there is a legitimate suspicion thereof); d) where verification/merger criteria are no longer met; e) where we receive multiple complaints about an individual or associated company that is investigated and maintained (of which the individual/company would not be aware); f) where to have the person/company in the Platform would be harmful to other person(s)/company(ies) using the Platform; and g) where we can see information about a person/company in the public domain that suggests having them on our Platform may cause reputational damage to BYOA, the Platform or other Users, or be harmful to another(s) person(s)/company(ies) using the Platform. Please note that we cannot always act on complaints received or information that becomes known. In the event that the contract ends prematurely for reasons that cannot be attributed to BYOA, the User is not entitled to any reimbursement of costs or compensation for damages. In any case and for any reason, we are not obligated to refund any subscription or transaction fees paid by users.
d. Members who unsubscribeEach year, you will be contacted to confirm that you want your Subscription If you decide to terminate your membership then your Profile will remain available for the period of time indicated on your last membership renewal. If you contact us and ask to cancel with immediate effect, we will immediately remove your Profile online (including any attached media). In accordance with the payment terms, you will not be eligible for a refund under these circumstances. When a User cancels their membership, we retain their contact details in our internal database, in accordance with our retention policy for reference purposes.
e. Discontinued ServicesIf the service you ordered is no longer available, we will notify you as soon as possible, and any amount debited by us from your credit or debit card will be re-credited to your account. We are not obligated to offer any other replacement or compensation.We have the right to withdraw from any purchase agreement in the event of obvious errors or inaccuracies regarding the services appearing on our Site.
f. Right to refuse ordersWe reserve the right to refund your money and deny access to the Services or refuse orders: a) If we are unable to verify your relevant credentials. b) If we discover that orders were placed with false information, or if we discover that there has been any associated fraudulent or criminal activity to the person or company in question.c) In the event of obvious inaccuracies in prices, except that we can fulfill your order at the correct price. d) If we are unable to obtain payment authorization from the issuing entity of your payment card.e) If it is found that you do not meet the relevant membership criteria.f) If there is a risk that could bring the company into disrepute or damage its reputation.
g. Discounts and OffersAll offers and discounts provided by BYOA are subject to availability and provided at our discretion. discretion and as available at that time. Discounts and offers are not retrospective. Evidence of support may be required at intervals for certain ongoing discounts, such as those relating to membership fees. BYOA reserves the right to change and/or refuse offers and discounts at any time.
h. Site and Application SecurityWe take all reasonable precautions to maintain customer website transactions Secure card processing is carried out by trusted third-party payment providers on our behalf. However, we cannot be held responsible for any losses caused due to unauthorized access to the information provided by the user. We also have procedures in place. We cannot guarantee the security of information and payments transmitted over the Internet. will be borne solely and exclusively by that User, and in no case will such losses be, in whole or in part, borne by us.
j. IndemnityIf you violate these terms and conditions, we may incur a loss. against any and all claims, actions, lawsuits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) resulting from any breach by the customer of these terms and conditions.
k. Complete AgreementThese terms and conditions (as amended from time to time), together with any documents expressly referred to therein , comprise the entire agreement between the customer and us.
l. SeverabilityEach provision of these terms and conditions shall be interpreted separately, applying and surviving even if , for any reason, either provision is held to be unenforceable or unenforceable under any circumstances.
m. No WaiverNo waiver by us will be construed as a waiver of any prior or subsequent breach of any disposition.
n. Applicable lawThese terms and conditions shall be governed by the laws of the Portuguese Republic, and you agree to be bound by to the exclusive jurisdiction of the Courts of Lisbon, Portugal. However, we also have the right to bring an action against a User at the User's domicile.