1. Introduction

These Terms of Use ("Terms") are applicable to the entire contents of the website under the domain name www.callback.ph ("the Website"), including any functionality, services offered on or through the Website, any products, software, or mobile applications provided by Callback, and any correspondence between Callback and you or any other users of the Website (individually referred to as a "User" and collectively referred to as "Users"). Before you dive into what Callback has to offer, it's important that you carefully read and understand these Terms, as they form a legally binding agreement between you and Callback regarding your use of the Website. Additionally, our Privacy Policy is an integral part of these Terms, providing details on how your information is collected, used, and protected when you visit the Website.

Callback, accessible at www.callback.ph, is operated within the Philippines and aims to be your trusted platform connecting actors, models, and other talents with casting opportunities. Whether you're looking to showcase your talent or you're a casting professional in search of the perfect candidate, Callback is designed to support your needs in a clear, user-friendly, and efficient manner.

By accessing, browsing, or otherwise using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms or any future modifications, please do not use or access (or continue to use or access) the Website. Your continued use of the Website signifies your acceptance of any changes to these Terms.

We reserve the right to update or modify these Terms at any time without prior notice, and such changes will be effective immediately upon being posted on the Website. It is your responsibility to review the Terms regularly to ensure you are aware of the latest terms and conditions governing your use of the Website. The "Last Updated" date at the top of these Terms will indicate when the latest changes were made.

By using the Website, you represent that you are of legal age to form a binding contract with Callback and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

By accessing or using Callback, available at www.callback.ph, you affirm that you are at least eighteen (18) years of age, an emancipated minor, or have obtained legal parental or guardian consent, and are fully capable and competent to understand and agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use. You also confirm your ability to abide by and comply with these Terms, and you are not restricted from using the site under any applicable laws of the Philippines or other jurisdictions.

Use of Callback by individuals under the age of eighteen (18) is strictly prohibited without explicit legal parental or guardian consent. Callback is crafted to serve as a professional conduit between adults seeking opportunities and those offering casting calls within the realms of acting and modeling. In adherence to this professional and adult-oriented context, our steadfast policy prohibits the collection of personal information from individuals under the age of eighteen (18).

Should you be under the age of eighteen (18) and interested in utilizing Callback's services, it is imperative that you obtain clear consent and supervision from a parent or legal guardian. This guardian must oversee all interactions with the platform, ensuring that any engagement is appropriate and within the legal bounds of our services.

It is our collective responsibility to foster a safe and compliant environment on Callback, aligning with both the spirit and letter of applicable laws and regulations concerning online safety and data protection for minors. We appreciate your understanding and cooperation in upholding these standards, ensuring Callback remains a secure and productive platform for all users.

2. Website Content and Premium Services

The Website includes a diverse range of content such as text, graphics, photographs, images, news reports, articles, editorial and other writings, audio and video recordings, data compilations, listings, and directories (collectively referred to as “Content”). This Content is available to users, contributing significantly to our objective of bridging the gap between talents and casting opportunities. The Website also provides features like breakdowns, casting notices, forums, wikis, and blogs which facilitate interaction and communication among users. Accessing certain parts of the Website might require creating a user account.

Furthermore, the Website offers specific content and services, including premium communication and messaging functionalities along with select digital content, accessible exclusively through purchase or paid subscription. These are collectively referred to as the “Services.” Services necessitating a purchase or paid subscription are specifically known as “Premium Services.” Regardless of whether Content on the Website is accessed through payment or subscription, it may contain facts, viewpoints, opinions, and recommendations regarding various individuals, organizations, or projects not directly affiliated with the Website. While we endeavor to ensure the reliability and accuracy of this Content, the Website does not guarantee its accuracy, completeness, or timeliness, nor does it endorse any of the opinions contained within.

The Website acts as an innovative online platform facilitating the interaction and communication between users and individuals posting casting notices. Importantly, any agreements or transactions resulting from such interactions or communications are made independently between users, with the Website not being a party to any such agreements. As such, the Website is not considered an employer in relation to any opportunities advertised on the site, nor is it responsible for any employment, hiring, or salary decisions made by users or others engaging with the Website. Our mission is to provide a dynamic and supportive space for talents and casting professionals to connect and collaborate, thereby creating opportunities within the acting and modeling industries.

3. Proprietary Rights

Callback owns, operates, licenses, controls, and provides access to the Website. You acknowledge and agree that Callback, along with its licensors, retains all rights, titles, and interests in and to all past, present, and future Content (excluding User Provided Content, as defined elsewhere), applications, software, content, and materials provided on or through the Website. This encompasses, without limitation, audiovisual works, text, images, photographs, videos, graphics, page headers, editorial and contextual information, the organization and arrangement of elements displayed on or through the Website, the compilation of all content and materials on the Website, and the business processes, procedures, methods, and techniques used on the Website. All associated patent rights, copyright rights, trademark rights, trade secret rights, and other intellectual property and proprietary rights recognized globally are included.

The Callback logo and any other proprietary trademarks, service marks, trade names, trade dress, slogans, logos, and other indicators of origin that appear on or in connection with the Website are the property of Callback and are protected by applicable copyright, trademark, intellectual property, and other laws. The intellectual property of Callback, including, but not limited to, trademarks and trade dress, may not be used in any manner likely to cause confusion among users, or in any manner that disparages Callback. All rights are expressly reserved.

All third-party trademarks, logos, photographs, images, audio and audio-visual content, programming, and other intellectual property contained on or within the Website are the property of their respective owners, including respective Content owners. They may be protected by applicable copyright, trademark, or other intellectual property laws and treaties. Each third party expressly reserves all rights to their intellectual property. Use of third-party software or services is subject to the terms and conditions of the applicable third-party license agreements. You agree to look solely to the applicable third party, not to Callback, to enforce any of your rights concerning such content. Except as expressly set forth in these Terms of Use or as expressly granted to you in writing by Callback, no rights (either by implication, estoppel, or otherwise) in or to the Website or its contents are granted to you.

4. User-Provided Content

The Website may allow you and other users to upload or transmit data, information, text, images, software, audio, photographs, graphics, video, messages, tags, or other materials to or through the Website ("User-Provided Content"). Callback is merely hosting and providing access for this User-Provided Content.

The decision to submit User-Provided Content to the Website is your responsibility. You should only submit content that belongs to you and does not infringe on the rights of others. By submitting User-Provided Content, you represent and warrant that (a) you have the right to do so or have obtained any necessary consents, (b) the content does not infringe on the copyrights, trademarks, moral rights, rights of privacy or publicity, or the intellectual property rights of any entity, and (c) no other party has any rights in the content that would be infringed upon by uploading it. If you submit User-Provided Content on behalf of a group or entity, you represent that you have the authority to do so. Upon Callback's request, you agree to provide documentation necessary to verify your compliance with these terms.

Callback does not vouch for the accuracy, validity, or credibility of User-Provided Content and assumes no liability for actions taken as a result of engaging with such content on the Website. By using the Website, you may encounter content that could be offensive, harmful, or misleading. Callback does not endorse any User-Provided Content or any opinions expressed therein. You assume all risks associated with your engagement with User-Provided Content.

Furthermore, by submitting User-Provided Content, you grant Callback a royalty-free, non-exclusive, worldwide, perpetual, irrevocable license to use, modify, display, reproduce, and distribute your content. This includes the right to incorporate your content into any form, media, or technology for any purpose. Callback may also disclose your name in connection with your content.

Callback reserves the right to access, preserve, and disclose any User-Provided Content if legally required or if necessary to (i) comply with legal processes, (ii) enforce these Terms of Use, (iii) address claims that content violates third-party rights, (iv) respond to customer service requests, or (v) protect the rights, property, or safety of Callback, its users, and the public.

Callback does not obligate itself to pre-screen User-Provided Content but may monitor, edit, or remove content that violates these Terms of Use or is otherwise objectionable.

You are solely responsible for the User-Provided Content you share. Callback is not liable for any loss or damage resulting from your content. By submitting User-Provided Content, you release Callback from all claims related to the use or nonuse of your content. While these Terms of Use grant certain permissions to Callback regarding your content, no ownership rights are transferred to Callback.

5. Third-Party Content and External Links

The Website features content provided by third parties, including its users. Callback does not guarantee the completeness, accuracy, or reliability of any third-party content and will not be liable for any deficiencies or inaccuracies in such content. Furthermore, third parties may present opportunities, products, services, and other materials on the Website. Your interactions with these third parties are exclusively between you and the respective third party. Callback is not liable for any loss or damage resulting from your dealings with these third parties and does not endorse any third-party offerings. You acknowledge that any issues with third-party offerings should be addressed directly with the third-party provider, not with Callback.

Mentions of or references to third-party opportunities, products, services, materials, or publications on the Website do not constitute an endorsement by Callback. The Website may also include links to external sites not operated by Callback. These external sites are governed by their own terms and conditions, which you should read and understand. Callback is not responsible for the content of these external sites, does not endorse them, and makes no claims regarding their content or accuracy. Accessing any linked external site is at your own risk, and you may encounter content that could be offensive or objectionable. Callback assumes no responsibility for any loss or damage that may arise from your use of any linked external sites.

6. Limited License

Callback grants you, subject to your adherence to these Terms of Use, a limited, personal, non-exclusive, non-commercial, revocable, non-assignable, and non-transferable license to:

• Access and listen to the content available on the Website.
• Create personal profile pages on the Website strictly for non-commercial and private purposes.
• Engage in the Website's community areas and communicate with other users.
• Download content available on the Website to a computer or other personal electronic device solely for your personal, non-commercial use at home or for archival purposes, provided that you do not modify or delete any copyright, trademark, or other proprietary notices.

You are expressly prohibited from using the content for the development of data-related products or services, creating any database product, or for providing data services. Unless explicitly authorized in writing by Callback, you agree not to re-transmit, disclose, or distribute any content to any third party, organization, or entity. You must use the Services and content solely for your personal benefit, and you are not permitted to redistribute or republish any content, including print publications, if applicable. The features and services offered are subject to change without prior notice.

You may not undertake any action that could compromise, limit, or interfere with Callback's ownership and rights regarding the Website or any content therein. Unauthorized use, copying, sale, leasing, renting, lending, distribution, modification, downloading, creation of derivative works, posting, or publication by you of any content, or any other use not expressly permitted here, is strictly forbidden. The use of bots, crawlers, spiders, data miners, scraping, and any automatic access tools is expressly prohibited. Unauthorized copying or use of the Website or any content will be considered a breach of these Terms of Use and may result in immediate termination of your access to the Website and legal action against you.

7. Restrictions on Use

The Website is intended solely for lawful purposes. By accessing or using the Website, you agree and warrant that in your use of the Website, you will not:

• Alter or remove any trademark, copyright, and other proprietary or legal notices contained within the Website.
• Manipulate the Website in any manner not expressly intended and directed by Callback.
• Copy or attempt to "rip" any audio, video, or audiovisual content from the Website.
• Exploit any portion of the Website for commercial gain or engage in any commercial activity using the Website's contents without Callback's prior written consent. This includes inserting your own or a third-party's advertising, branding, or promotional content into the Website's content, materials, or services.
• Upload, post, email, transmit, display, copy, distribute, promote, or otherwise communicate to the public:

• Any material that is false, unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, harassing, or that promotes violence, racial hatred, terrorism, or illegal acts, or anything deemed objectionable by Callback in its sole discretion.
• Information, software, content, or other material that violates, plagiarizes, misappropriates, or infringes the rights of third parties, including, without limitation, copyright, trademark, patent, trade secret, rights of privacy or publicity, confidential information, or any other proprietary right.
• Material that restricts or inhibits any other user's use and enjoyment of the Website or interferes with, overburdens, impairs, or disrupts the Website, including material that contains viruses, Trojan horses, time bombs, worms, spyware, adware, malware, bots, any automated system, such as scripts, or any other harmful components.
• Any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signatures, or any other form of solicitation.

• Use or attempt to use another person's information, account, password, service, or system except as expressly permitted.
• Impersonate any person or entity.
• Engage in any conduct that, in Callback's sole discretion, restricts or inhibits any other person's ability to enjoy the Website.
• Solicit or collect personal data including telephone numbers, addresses, last names, email addresses, or any other kind of information about users.

8. Copyright Notices and Copyright Material Infringement

• Your physical or electronic signature.
• Clear identification of the copyrighted work you claim has been infringed.
• Precise identification of the allegedly infringing material, with enough detail for us to locate it on the Website.
• Your contact information, including name, address, telephone number, and email address, if available.
• A statement of good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A declaration, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on their behalf.

• Your physical or electronic signature.
• Identification of the material that was removed or to which access was disabled and where it appeared before its removal or the disabling of access.
• Your contact details, including name, address, telephone number, and email address, if available.
• A statement under penalty of perjury that you have a good faith belief the material was removed or disabled due to a mistake or misidentification.
• A statement consenting to the jurisdiction of the Philippine courts for the district in which your address is located, or, if outside the Philippines, for any judicial district in which Callback may be found, and that you will accept service from the person who provided the complaint or their agent.

9. User Accounts

10. Subscription Terms, Fees and Payments; Automatic Renewal and Cancellation

11. Additional Terms

Callback may occasionally introduce additional terms or end user license agreements for specific services, products, software, competitions, or promotions available through our platform. These additional terms will be posted in connection with the relevant offering and will supplement these Terms of Use. In instances where there is a discrepancy between these Terms of Use and any additional terms, the additional terms will take precedence. Callback reserves the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice, ensuring our platform remains adaptive and responsive to our users' needs.

12. Entire Agreement

This document, along with any additional terms, the Privacy Policy, and any applicable end user license agreements, constitutes the complete agreement between you and Callback concerning your use of our website and services. This agreement does not modify any other agreements you may have with Callback. Should any part of these Terms of Use be deemed invalid or unenforceable, the remainder will continue to be in effect. Our affiliates are explicitly acknowledged as third-party beneficiaries of this agreement and have the right to enforce its terms directly. This agreement is binding and will benefit both parties' successors, legal representatives, and assigns.

13. Equipment and Internet Access

By using Callback, you acknowledge and agree that you are responsible for providing all necessary equipment, including telephone, modem, and Internet connection, to access our website and services. It's your responsibility to cover all costs related to such equipment and any charges incurred from using an Internet access provider or other third-party services to access our platform. You'll also be responsible for any applicable taxes related to these services.

14. No Oral Agreements or Modifications

Callback's Terms of Use can only be amended or modified through a written document signed by an authorized representative of Callback. Any oral agreements or understandings not documented and signed in this manner shall be considered non-binding and unenforceable. This ensures clarity and mutual understanding in our terms and any changes to them.

15. Dispute Resolution

This section is crucial as it outlines the process for resolving disputes that may arise between you and Callback. It emphasizes the use of arbitration, which is a binding and final process conducted instead of court trials, ensuring disputes are resolved quickly and cost-effectively.

16. Governing Law, Jurisdiction, and Venue

All matters relating to the Website and these Terms of Use, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the proper courts located in Quezon City, Philippines, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

17. Recovery of Fees

You acknowledge and agree that if Callback takes any action (directly or through its representatives) to enforce the provisions of these Terms of Use against you, including the collection of any amounts owed to Callback, Callback will be entitled to recover from you—and you agree to pay—Callback's reasonable attorney’s fees, litigation costs, and other expenses incurred in such efforts, in addition to any other relief to which Callback may be entitled under law or in equity. This is notwithstanding any other provision in these Terms of Use that might suggest otherwise.

18. Limitation of Liability

19. Indemnity

You hereby agree to defend, indemnify, and hold harmless Callback, its affiliates, and its and their directors, officers, employees, agents, representatives, licensors, suppliers, vendors, distributors, advertisers, and other contracting parties from and against any claims, losses, expenses, damages, or demands of liability, including reasonable attorneys' fees and costs incurred by Callback and its affiliates in connection with any claim by a third party arising out of (i) materials and content you submit, post, or transmit through the Website, or (ii) your use of the Website in a manner that violates these Terms of Use or any applicable law. You also agree to cooperate fully as reasonably required in the defense of such claims. Callback and its affiliates reserve the exclusive right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any claim or matter without the written consent of Callback. Furthermore, you agree to hold harmless Callback and its affiliates from any claim arising from a third party’s use of information or materials of any kind that you post to the Website.

20. Disclaimers of Warranty

THE WEBSITE (INCLUDING ANY SERVICES OFFERED) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CALLBACK, AND EACH OF ITS AFFILIATES, EXPRESSLY DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO WARRANTIES SHALL BE IMPLIED BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE.

YOU UNDERSTAND AND AGREE THAT ALL INFORMATION AND SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE ARE COMPILED FROM AND MAY BE DISTRIBUTED BY SOURCES THAT MAY NOT BE UNDER THE CONTROL OF CALLBACK. CALLBACK MAKES NO WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (IV) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED, OR (V) THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OPERATION OF THE WEBSITE MAY BE AFFECTED BY NUMEROUS FACTORS OUTSIDE OF CALLBACK’S CONTROL INCLUDING, BUT NOT LIMITED TO, TELECOMMUNICATIONS NETWORK ISSUES. CALLBACK IS NOT RESPONSIBLE FOR ANY FAILURES OF THE INTERNET OR ANY DATA OR TELECOMMUNICATIONS EQUIPMENT, SYSTEM, OR NETWORK USED IN CONNECTION WITH THE WEBSITE. YOU BEAR THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE WEBSITE.

21. Contact Information

If you have any questions or concerns regarding these Terms of Use, or your rights and obligations in relation to the Website, please do not hesitate to contact us at legal@callback.ph or by mail at:
Callback Inc.
Attn: Legal Department
125T Sofia Bellevue Capitol Hills
Old Balara, Quezon City

22. Electronic Communications

You agree to receive communications from Callback electronically, primarily through email. Any notices or other communications provided by us electronically will be considered to be in "writing" and received within 24 hours if posted on the Website or emailed to the email address you have provided us. This includes but is not limited to updates, disclosures, and other relevant information related to your use of the Website. Despite this preference for electronic communications, Callback reserves the right to deliver notices via certified mail to the address associated with your account, should the need arise.