CWB Live – Terms of Service
The original language of these Terms is English. CWB makes available translations into other languages for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.
By agreeing to these Terms, you agree to resolve disputes with CWB through binding arbitration, and you waive certain rights to participate in class actions, as detailed in the Dispute Resolution section.
You need an account for most activities on CWBLive, including to book a session with a coach or to offer a session to actors. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.
You may not share your account login credentials with anyone else. You are responsible for what happens with your account and CWB will not intervene in disputes between actors or coaches who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our support team at email@example.com. We may request some information from you to confirm that you are indeed the owner of your account.
Students and coaches must be at least 18 years of age to create an account on CWB and use the Services. If you are younger than 18, your parent or guardian may open an account and help you enroll in sessions that are appropriate for you. If we discover that you have created an account that violates these rules, we will terminate your account. You may be requested to verify your identity before you are authorized to submit a session on CWB Live.
2. Session Enrollment
All content hosted CWBLive and the results and proceeds of the Services are, and shall at all times remain, the property of CWB and/or the coaches, as applicable. You are not permitted to post, offer for free or resell the session in any manner (including by sharing account information or illegally recording or downloading the session and sharing it with others).
CWB grants you a limited, non-exclusive, non-transferable license to access and view the sessions and associated content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any session unless we give you explicit permission to do so in a written agreement signed by CWB. This also applies to content you can access via any of our APIs.
We reserve the right to revoke any license to access and use sessions at any point in time in the event where we decide or are obligated to disable access to a session due to legal or policy reasons.
Coaches may not grant licenses to their sessions to actors directly, and any such direct license shall be null and void and a violation of these Terms.
3. Payments, Credits, and Refunds
The prices of sessions on CWB are as set out on CWBLive. All sessions are charged in USD.
If you are an actor located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout.
CWB does not charge actors directly for sessions. The actor pays the coach directly: (1) at the rate agreed between them at the time that the session is booked on the Services, and (2) such payment is processed following completion of the relevant session when confirmed by the coach on the Services. Following confirmation of completion of each session, your debit or credit card will be processed by the coach on Stripe for the relevant session and payment will be sent directly to the coach. At the time of such payment, CWB will receive a fee from the coach for providing access to the Services pursuant to the Coach Terms.
When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the session you are enrolling in, you agree to pay the coach the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any session for which the coach has not received adequate payment.
3.3. Refunds and Refund Credits
If the session you purchased is not what you were expecting, you can request, within 30 days of your purchase of the session, that we apply a refund credit to your account. No refund credit is due to you if you request it after the 30-day time limit has passed. However, if a session you previously purchased is disabled for legal or policy reasons, you are entitled to a refund beyond this 30-day limit. CWB also reserves the right to refund actors beyond the 30-day limit in cases of suspected or confirmed account fraud.
To request a refund, contact our support team at firstname.lastname@example.org.
If we decide to issue refund credits to your account, they will be automatically applied towards your next session purchase on the Services. Refund credits may expire if not used within the specified period, and have no cash value.
At our discretion, if we believe you are abusing our refund policy, such as if you’ve consumed a significant portion of a session that you want to refund or if you’ve previously refunded a session, we reserve the right to deny your refund, ban your account, and/or restrict all future use of the Services. If we ban your account or disable your access to a session due to your violation of these Terms, you will not be eligible to receive a refund.
In the event that you wish to cancel a session, you may do so and will not be charged, provided that you provide no less than 24 hours' prior notice. If you cancel a session without providing at least 24 hours' notice, you will be charged the full session fee and will not be entitled to a refund.
4. Content and Behavior Rules
Communication on the Services should be friendly, constructive, and professional. CWB condemns bullying, harassment, and hate speech towards others. In the event that CWB is made aware that you are engaging in any bullying or harassing behaviour or any obscenity or hate speech on CWBLive, CWB reserves the right to suspend your account immediately and restrict you from future use of CWBLive or the Services.
You agree not to access or use CWBLive in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms. You shall not post, use, store or transmit (i) a message or information under a false name; (ii) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of CWBLive by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming, You shall not use the Website in any manner that could damage, disable or impair the services which it provides. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means.
You may not access our Services if you are from a territory where Canadian businesses are prohibited from engaging in business.
If we are put on notice that your session or content violates the law, CWB’s policies or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), if we believe your content or behavior is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content from our platform.
CWB has discretion in enforcing these Terms. We may terminate or suspend your permission to use our platform and Services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.
5. CWB’s Rights to Content You Post
The content you post as an actor or coach (including sessions) remains yours. By posting sessions and other content, you allow CWB to reuse and share it but you do not lose any ownership rights you may have over your content.
When you post content on the Services, and when you submit to us ideas and suggestions for new features or improvements, you authorize CWB to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit.
By submitting or posting content on or through CWBLive, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with CWB for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.
6. Using CWB at Your Own Risk
Our platform model means we do not review or edit the sessions for legal issues, and we are not in a position to determine the legality of session content. We do not exercise any editorial control over the sessions that are available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, completeness or truthfulness of the sessions. If you enroll in a session, you rely on any information provided by a coach at your own risk.
By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. CWB has no responsibility to keep such content from you and no liability for your access or enrollment in any session, to the extent permissible under applicable law. This also applies to any sessions involving physical movement. You acknowledge the inherent risks and dangers in the strenuous nature of these types of sessions, and by enrolling in such sessions you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your enrollment in a session.
When you interact directly with an actor or a coach, you must be careful about the types of personal information that you share. While we restrict the types of information coaches may request from actors, we do not control what actors and coaches do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.
We do not hire or employ coaches nor are we responsible or liable for any interactions involved between coaches and actors. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of coaches or actors.
When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.
7. CWB’s Rights
CWBLive, and all of the content available on or through CWBLive, including the content contained in any Sessions, is and shall remain the sole property of CWB or the coaches, as applicable, and is protected by copyright, trademark, patent, trade secret, and other intellectual property law. You agree not to reproduce, re-transmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through a session or through CWBLive to any third party. All software and accompanying documentation made available for download from the CWBLive, if any, is the copyrighted work of CWB or its licensors.
“Casting Workbook”, "CWBLive" and "CWB" are protected terms (all rights reserved). Subject to the terms of these Terms, CWB grants you a limited, revocable, non-transferable and non-exclusive license to use the CWBLive and access the Session. The license granted herein does not permit you to, and you agree not to: (i) modify, translate, reverse engineer, disassemble, decompile or create derivative works of CWBLive or the results and proceeds of the sessions or allow a third party, whether directly or indirectly, to modify, translate, reverse engineer, disassemble, decompile or create derivative works of CWBLive or the results and proceeds of the sessions; or (ii) transfer, distribute, sell, lease, rent, disclose or provide access to the CWBLive or the results and proceeds of the sessions, or any information related to your account and the session to any third party.
You may not do any of the following while accessing or using the CWB platform and Services:
- access, tamper with, or use non-public areas of the platform (including content storage), CWB’s computer systems, or the technical delivery systems of CWB’s service providers.
- disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
- copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the CWB platform or Services.
- access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
- in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as CWB); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.
8. Miscellaneous Terms
8.1. Binding Agreement
You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with CWB. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.
If you are a coach accepting these Terms and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and CWB.
If any term or provision or portion of these Terms are determined to be invalid or unenforceable for any reason, then that provision or portion will be severed from these Terms and the rest of the terms contained herein will remain in full force and effect.
Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.
The Services, the Sessions, and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will CWB or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.
We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
8.3. Limitation of Liability
THERE ARE RISKS INHERENT TO USING OUR SERVICES. FOR EXAMPLE, IF YOU ENROLL IN A SESSION REQUIRING PHYSICAL ACTIVITY, AND YOU INJURE YOURSELF, YOU FULLY ACCEPT THESE RISKS AND YOU AGREE THAT YOU WILL HAVE NO RECOURSE TO SEEK DAMAGES AGAINST EVEN IF YOU SUFFER LOSS OR DAMAGE FROM USING OUR PLATFORM AND SERVICES. TO THE EXTENT PERMITTED BY LAW, WE (AND OUR GROUP COMPANIES, SUPPLIERS, PARTNERS, AND AGENTS) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, OR BUSINESS OPPORTUNITIES, OR PERSONAL INJURY OR DEATH), WHETHER ARISING IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE, AND EVEN IF WE’VE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES IN ADVANCE. OUR LIABILITY (AND THE LIABILITY OF EACH OF OUR GROUP COMPANIES, SUPPLIERS, PARTNERS, AND AGENTS) TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO YOUR CLAIMS. SOME JURISDICTIONS DON’T ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
If you behave in a manner that results in any legal liability for us, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless CWB, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
8.5. Governing Law and Jurisdiction
These Terms are governed by the laws of British Columbia, Canada, without reference to its choice or conflicts of law principles. Where the “Dispute Resolution” section below does not apply, you and we consent to the exclusive jurisdiction and venue of the courts of Vancouver, Canada.
8.6. Legal Actions and Notices
No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.
Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to email@example.com.
8.7. Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
8.8. No Assignment
You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.
9. Dispute Resolution
Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our support team at firstname.lastname@example.org.
9.1. Small Claims
Either of us can bring a claim in small claims court in (a) Vancouver, Canada, (b) the county where you live, or (c) another place we both agree on, as long as it qualifies to be brought in that court.
9.2. Going to Arbitration
If we can’t resolve our dispute amicably, you and CWB agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
9.3. Arbitration Process
Any disputes that involve a claim of $35,000 CAD or more must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by filing an arbitration demand with the British Columbia International Commercial Arbitration Center (BCICAC). The arbitration proceedings shall be governed by the BCICAC Rules and Arbitration Act (British Columbia). You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise); and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction.
9.4. No Class Actions
We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.
10. Updating These Terms
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and CWB reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
11. How to Contact Us
The best way to get in touch with us is to contact our Customer Support team at email@example.com.