Acceptance of Terms
These Terms of Service ("Terms") govern your use of the Tombstone Dash website and mobile applications, including our Casting Call app ("Services"), operated by Tombstone Dash LLC ("we," "us," or "our").
By accessing, downloading, installing, or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not use our Services.
These Terms comply with:
- Apple App Store Review Guidelines
- iOS Developer Program License Agreement
- California Consumer Privacy Act (CCPA)
- General Data Protection Regulation (GDPR)
- Children's Online Privacy Protection Act (COPPA)
Service Description and License
Casting Call App
Our Casting Call app provides:
- Casting Opportunities: Access to current casting calls in the entertainment industry
- Location-Based Matching: Find casting opportunities near your location
- Profile Management: Create and maintain your professional talent profile
- Notifications: Receive alerts about relevant casting opportunities
- Industry Networking: Connect with verified casting directors and agencies
License Grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:
- Download and install the app on devices you own or control
- Use the app for personal, non-commercial purposes only
- Access and use the services as provided through the app
License Restrictions
You may not:
- Modify or Copy: Alter, modify, or create derivative works of our software
- Reverse Engineer: Decompile, disassemble, or reverse engineer any part of the app
- Commercial Use: Use the app for commercial purposes without explicit permission
- Distribution: Redistribute, sell, lease, or sublicense the app
- Remove Notices: Remove any copyright, trademark, or proprietary notices
- Automated Access: Use bots, scrapers, or automated tools to access our services
User Account and Responsibilities
Account Creation
- Age Requirement: You must be at least 13 years old to create an account
- Accurate Information: Provide truthful, accurate, and complete information
- Professional Use: Use the app for legitimate casting and entertainment industry purposes
- Single Account: Maintain only one account per person
Account Security
- Credentials: Keep your login credentials confidential and secure
- Unauthorized Access: Immediately notify us of any unauthorized account access
- Account Responsibility: You are responsible for all activities under your account
- Third-Party Access: Do not share your account or allow others to use it
Prohibited Conduct
You agree not to:
- False Information: Provide false, misleading, or fraudulent information
- Harassment: Harass, threaten, or abuse other users or casting professionals
- Spam: Send unsolicited messages or promotional content
- System Interference: Disrupt, overload, or interfere with our services
- Malicious Activity: Upload viruses, malware, or harmful code
- Legal Violations: Violate any applicable laws or regulations
- Impersonation: Impersonate others or misrepresent your identity
- Unauthorized Solicitation: Use contact information for unauthorized marketing
Content and Intellectual Property
Your Content
- Content License: You grant us a non-exclusive, worldwide, royalty-free license to use your profile content for providing our services
- Content Responsibility: You are solely responsible for the content you upload and share
- Content Standards: Content must be professional, accurate, and appropriate for the entertainment industry
- Rights Warranty: You warrant that you have all necessary rights to the content you provide
Our Content
- Ownership: We own all rights to the app, website, and our original content
- Trademarks: "Tombstone Dash" and "Casting Call" are our trademarks
- Third-Party Content: Casting calls and related content may be owned by third parties
- Fair Use: Use our content only as necessary for using our services
Apple App Store Specific Terms
iOS App Terms
- App Store License: Your right to use the app is also subject to the Apple App Store Terms
- Device Requirements: Compatible iOS devices and current iOS version required
- App Updates: We may require app updates for continued functionality
- Apple Services: Integration with Apple services (Push Notifications, Sign in with Apple) subject to Apple's terms
Apple Developer Compliance
- App Store Guidelines: Our app complies with Apple's App Store Review Guidelines
- Content Restrictions: Content must comply with Apple's content policies
- Privacy Requirements: Data collection and privacy practices meet Apple's requirements
- Age Ratings: App is rated appropriately for its content and audience
Privacy and Data Protection
Your privacy is important to us. Our data collection, use, and protection practices are detailed in our Privacy Policy, which is incorporated into these Terms by reference.
Key Privacy Points
- Data Minimization: We collect only data necessary for app functionality
- User Control: You control your profile information and privacy settings
- No Data Sales: We never sell your personal information to third parties
- Security: We implement industry-standard security measures
- User Rights: You have rights to access, update, and delete your data
Service Availability and Disclaimers
Service Availability
- "As Available" Basis: Services provided on an "as is" and "as available" basis
- No Uptime Guarantee: We don't guarantee uninterrupted or error-free service
- Maintenance: Services may be temporarily unavailable for maintenance
- Geographic Limitations: Services may not be available in all regions
Casting Information Disclaimer
- Third-Party Content: Casting calls are often provided by third-party casting directors
- No Guarantee: We cannot guarantee accuracy, completeness, or authenticity of all listings
- Verification Required: Users must independently verify all casting opportunities
- No Employment Relationship: We are not an employer or talent agency
- Scam Prevention: We work to prevent fraudulent listings but cannot guarantee prevention
Legal Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, TOMBSTONE DASH LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability
Damages Limitation
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TOMBSTONE DASH LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR:
- Indirect Damages: Any indirect, incidental, special, consequential, or punitive damages
- Lost Opportunities: Loss of casting opportunities, career opportunities, or professional advancement
- Business Interruption: Loss of profits, revenue, data, or business interruption
- Third-Party Actions: Actions or omissions of casting directors, producers, or other third parties
- Service Interruptions: Temporary unavailability or technical issues with our services
Liability Cap
Our total liability to you for all claims arising from or relating to these Terms or our services shall not exceed the greater of: (a) $100, or (b) the amount you paid us for the services in the 12 months before the claim arose.
Indemnification
You agree to defend, indemnify, and hold harmless Tombstone Dash LLC and its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any and all claims, damages, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:
- Your use of our services
- Your violation of these Terms
- Your violation of any rights of another party
- Content you submit or share through our services
- Your interactions with other users or third parties through our platform
Account Suspension and Termination
Termination by You
- Account Deletion: You may delete your account at any time through app settings
- Data Removal: Your data will be deleted according to our Privacy Policy
- No Refunds: Termination does not entitle you to refunds for paid services
Termination by Us
- Immediate Termination: We may suspend or terminate accounts immediately for Terms violations
- Warning Process: We may provide warnings before termination, but are not required to do so
- Grounds for Termination: Including but not limited to illegal activity, harassment, spam, or repeated violations
- No Liability: We are not liable for any consequences of account termination
Dispute Resolution
Informal Resolution
Before filing any legal claim, you agree to try to resolve disputes informally by contacting us at legal@tombstonedash.com with a detailed description of your dispute.
Arbitration (US Users)
- Binding Arbitration: Disputes will be resolved through binding arbitration rather than courts
- Individual Basis: No class action lawsuits or class arbitrations allowed
- Arbitration Rules: American Arbitration Association's Commercial Arbitration Rules apply
- Location: Arbitration conducted in your state of residence or electronically
Updates to Terms
We may update these Terms periodically to reflect changes in our services, legal requirements, or business practices.
Notification Process
- Advance Notice: We'll provide at least 30 days notice of material changes
- In-App Notifications: Changes will be announced through the app
- Email Notifications: Registered users will receive email notifications
- Effective Date: Changes become effective on the stated effective date
- Continued Use: Continued use after changes means you accept the updated Terms
Legal and Compliance
Governing Law
- US Law: These Terms are governed by the laws of the United States
- State Jurisdiction: Subject to the jurisdiction of courts in Delaware
- International Users: Local laws may also apply to users outside the US
- Conflict Resolution: Delaware law controls in case of conflicts between jurisdictions
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Tombstone Dash LLC regarding our services.
Contact Information
For questions about these Terms of Service, legal matters, or compliance issues, please contact us: