Acceptance of terms and conditions:
Changes to the terms and conditions:
These terms and conditions may be changed by us from time to time. Changes will be effective immediately upon posting of the updated terms and conditions on this web site. You are responsible for ensuring you are familiar with the latest terms and conditions. Continuing to use the site represents your agreement to be bound by the terms and conditions as amended.
These terms and conditions (as amended from time to time) shall together with any other document specifically referred to herein form the entire agreement between us.
We recommend that you keep a copy of these terms and conditions for you own reference.
- MyPhatBreak.com operates a website which - provides a service enabling advertisers such as television production companies, advertising agencies, theatres, event promotion companies and other advertisers operating in the entertainment industry to place classified advertisements.
- Advertisers may choose to place advertisements, and applicants such as models, actors, dancers, photographers, musicians and applicants seeking casting calls within the entertainment industry may choose to apply to such advertisements, at which point MyPhatBreak.com will forward the applicant's details to the advertiser or display further application instructions.
- Subscribers to membership of the website can choose to make their personal information and photos public, contact and receive contact from other members of MyPhatBreak.com.
- MyPhatBreak.com is not responsible for the content, and makes no warranty as to the accuracy of the advertisements. Members should always use their own judgement in deciding whether or not to apply for any of the roles advertised on this site. We provide our service only for the purposes of providing listings for casting and auditions with third party advertisers. We shall not be liable under any circumstances for the actions of any advertiser of any role featured on this site.
- MyPhatBreak.com is not responsible for the content, and makes no warranty as to the accuracy of Members’ personal information. Advertisers should always use their own judgement in deciding whether to contact, cast or audition members. We shall not be liable under any circumstances for the actions of any Member.
- Submitting a casting call for placement on MyPhatBreak.com is taken as consent to the use of your name, website, email, logo and casting call in marketing and promotional activities conducted by MyPhatBreak Pty Ltd (ACN 088 854 095).
- MyPhatBreak.com services as described above are limited to providing advertisers with information about applicants seeking work in the entertainment business and to providing information about advertisers to such applicants. This service is the only work finding service provided by MyPhatBreak.com and MyPhatBreak.com is not connected to the advertisers or applicants save in respect of these terms and conditions.
You agree that, to the maximum extent permitted by law, any and all liability and responsibility of MyPhatBreak.com 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. MyPhatBreak.com'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 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.
Without limiting any other rights and remedies available to MyPhatBreak.com, 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 MyPhatBreak.com considers it appropriate.
Responsibility for minors:
This site is intended for persons aged 18 or over. You acknowledge that some parts of the MyPhatBreak.com site may contain material that is inappropriate for minors. Minors who access this site are required to be supervised by a parent or guardian. Minors are not permitted to upload images of an adult nature.
Subscriptions; Charges on Your Billing Account:
- MyPhatBreak.com does not make a charge to an advertiser in the event that it employs a applicant and does not charge a fee or take commission from an applicant who has secured work from the provision of the Service.
- General. The fees payable in respect of the Service shall be those fees as set out on the website from time to time. We reserve the right to vary the fees in accordance with these terms and conditions.
- MyPhatBreak.com bills you through an online account (your "Billing Account") for use of the Service. You agree to pay MyPhatBreak.com all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize MyPhatBreak.com to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. MyPhatBreak.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
- Recurring Billing. Most subscription plans to the Service consist of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. MyPhatBreak.com may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice (confirmed in writing upon request by MyPhatBreak.com) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before MyPhatBreak.com reasonably could act. To terminate your authorization or change your payment method email membership@MyPhatBreak.com
- Current Information Required. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify MyPhatBreak.com if your payment method is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made by emailing contact@MyPhatBreak.com. If you fail to provide MyPhatBreak.com any of the foregoing information, you agree that MyPhatBreak.com may continue charging you for any use of the service under your billing account unless you have terminated your subscription for the service (confirmed by you in writing upon request by MyPhatBreak.com).
- Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If MyPhatBreak.com does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
- Change in Amount Authorized. You agree that MyPhatBreak.com may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
- Auto-renewal. Your MyPhatBreak.com subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or resign your subscription at any time, email contact@MyPhatBreak.com. If you resign, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
- Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that MyPhatBreak.com is authorized to charge your Payment Method. MyPhatBreak.com may submit those charges for payment and you will be responsible for such charges. This does not waive MyPhatBreak.com's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
We reserve the right to increase fees or introduce new prices or charges at any time.
You have the right to cancel your membership with MyPhatBreak.com and claim a refund within 7 days of payment, provided you have not used any of the following features of the site: applied for any roles listed on our site, submitted your photo to the talent directory, received or made any contact through the site, or made your profile public.
A 20% administration fee is charged for processing each refund. To cancel your membership and request a refund, contact us at refunds@MyPhatBreak.com
Materials contained on this website are protected under copyright and other laws of Australia 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 MyPhatBreak.com for any reason without our express written permission
Although we take reasonable steps to prevent the introduction of viruses or other destructive materials to our website or on-line service, we do not guarantee that the service or materials that may be available from our website do not contain such destructive features. We shall not be liable for any damages or liability attributable to such features. If you use any materials available through this website, you do so solely at your own risk.
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.
You are responsible for ensuring that no material you post, or which is posted through a machine on which you access MyPhatBreak.com, nor any activity or communication you make in connection with any MyPhatBreak.com 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, or
- Being objectionable, within the meaning of any government Act, or
- Appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading.
Applicable Law and Jurisdiction:
The MyPhatBreak.com website is operated and controlled from Queensland, Australia. These terms and conditions and any agreements with MyPhatBreak.com arising from our website are governed Queensland law. Any dispute arising in relation to these terms and conditions and any agreement arising from our website will be heard and resolved in accordance with Queensland law in Australia.
MyPhatBreak.com On-Line Restriction – Further Terms and Conditions
As part of our website you can register on line and sign up to apply for the various roles advertised. When you register to use the service, there are further terms and conditions that are set out below.
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 unauthorized use. You are also responsible for the security of any computer where you choose to remain signed in to MyPhatBreak.com.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MyPhatBreak.com has no control over such sites and resources, you acknowledge and agree that MyPhatBreak.com 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 MyPhatBreak.com 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.
You agree that when you make your profile public or include your photo in the talent directory that MyPhatBreak.com 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. MyPhatBreak.com 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.