Terms of Use

These Terms and Conditions of Service (“Terms”) are provided by Funny Farm Co., Ltd. (“the Company”), as the developer and provider of the online platform under the website name www.castimum.com (“Platform”), which is a technology platform that provides a space and system for individuals interested in or talented in performing arts, (“Actors”), to create, store, and display their personal information, profiles, portfolios, photos, and video media, and also provides an opportunity for casting teams, producers, creators, or employers (“Casting Team/Employers”) to search for, select, and contact such actors directly through the platform.

The company's platform aims to serve as an electronic central space for the display, search, contact, and communication between users. The company's responsibility is solely to provide the necessary systems, tools, and technological infrastructure to facilitate such services. The company is not a contracting party, agent, broker, recruitment agency, talent agency, modeling agency, or representative of any user. The company does not accept payments on behalf of any party, does not deduct commissions, and does not guarantee or warrant selection, employment, wages, compensation, or any other benefits that may arise between users, unless expressly otherwise stated in writing by the company.

Any person who accesses, subscribes to, uses, or performs any act in connection with the Platform, whether in whole or in part, through any channel, whether as an actor, casting team, employer, or any other type of user, and regardless of the country or jurisdiction in which such person is located, shall be deemed to have read, understood, and expressly agreed to be bound by all of these Terms, and these Terms shall immediately form a contract between the Company and the User.

If a user does not wish to accept these Terms, in whole or in part, the user shall not be entitled to access, register for, or use the Platform's services and must immediately cease using the Platform.

These Terms and Conditions apply to the use of the Platform's services worldwide, without restriction on the user's nationality, residence, or location. The user's use of the Services remains subject to the applicable laws and jurisdictions set forth in these Terms and Conditions.

The company reserves the right to amend, change, or revise these Terms and Conditions at any time, and will notify users through the platform, website, or any other channel the company deems appropriate. Continued access to or use of the platform after the date of such amendment shall be deemed as implicit acceptance of the amended Terms and Conditions.

• 1. Defintions
• For the purposes of this Agreement, the following terms have the following meanings unless otherwise stated.
• 1.1 “Company” means Funny Farm Company Limited.
• 1.2 “Platform” means the website www.castimum.com , including any applications, systems, software, tools, features, or services that the Company develops, provides, or offers, whether currently or in the future.
• 1.3 “User” means any natural or legal person who accesses, subscribes to, uses, or performs any actions related to the platform, regardless of their capacity.
• 1.4 “Actor” means a user who creates a profile or displays personal information, resume, portfolio, photos, videos, or other media to showcase their acting abilities or experience through the platform.
• 1.5 “Casting team/Employer” means any user who searches for, selects, contacts, or communicates with actors through the platform, whether it be a casting team, producer, creator, company, or any other individual.
• 1.6 “User account” means: An account that a user has registered with the platform for the purpose of accessing and using the platform's various services.
• 1.7 “Profile” means: The information page or area displaying information about an actor on the platform. This includes personal information, biography, work, photos, videos, and any other information the actor has created or uploaded.
• 1.8 “Content” means text, images, videos, audio, data, files, links, or any other media created, uploaded, displayed, or transmitted by users through the platform, in any format.
• 1.9 “Service” means any service, system, feature, tool, or operation that the Company provides through the platform, whether it is a current service or one that may be further developed in the future.
• 1.10 “Subscription fee” means any service fee, charge, or expense that the user agrees to pay to the Company for subscription, use of services, or access to certain features of the platform, according to the package or terms and conditions set by the Company.
• 1.11 “Applicable law” means the laws of the Kingdom of Thailand.
• 1.12 “Business day” means: A normal business day for financial institutions in the Kingdom of Thailand.

• 2. The platform's scope of liability
• 2.1 The platform provided by the company is solely an online platform provider and an electronic intermediary for displaying information, searching, contacting, and communicating between users. The company's responsibility is limited to providing the necessary systems, tools, and technological infrastructure to facilitate the provision of services through the platform.
• However, the company does not have the status of:
• (a) Talent Agency
• (b) Modeling Agency
• (c) A recruitment agency operating under the employment agency law.
• (d) The Company shall not be deemed to have any legal relationship of such nature with any agent, broker, representative, or contracting party of any user, whether directly or indirectly, and the Company shall not be deemed to have any such legal relationship with any individual user.
• 2.2 The company is not a party to any negotiations, agreements, employment, or contracts between users, and does not receive payments on behalf of users. It does not act as an intermediary for receiving or transferring funds, and does not deduct any commissions or compensation from employment, work, or transactions between users, unless expressly stated or specified otherwise in writing by the company.
• 2.3 The company does not endorse, guarantee, or assume responsibility for the outcome of the selection process, not being selected, getting or not getting the job, employment terms, wages, compensation, benefits, negotiations, contracts, payments, or any performance of duties between users, which are the direct responsibility of each respective user.
• 2.4 The company reserves the right to develop, improve, add, or remove features, or types of services on the platform at any time as it deems appropriate. And may add other services in the future as announced by the company from time to time. Such additions or changes to services shall not constitute a change to the company's legal status, unless expressly stated otherwise by the company.

• 3. User type
• For the purpose of utilizing the platform's services, users are categorized as follows:
• 3.1 Performer means a user who registers and creates a profile on the platform to display personal information, history, work, photos, videos, or any other information related to their performing abilities or experience, so that other individuals or organizations can search for, consider, select, or contact them.
• 3.2 Casting Team/Producer/Employer means any user who subscribes to search for, cast, contact, or communicate with actors through the platform, whether it be a casting team, producer, production company, organization, or any individual whose purpose is related to the selection or hiring of actors.
• 3.3 Other User Categories means any other type of user that the Company may define, add, or approve for use of the platform's services in the future, whether it be agencies, modeling companies, or other types of service providers. The definition or addition of such user categories shall be in accordance with the Company's terms, conditions, and announcements as determined from time to time.
• 3.4 Each type of user may have different rights, responsibilities, scope of service, features, or terms of use as determined or announced by the company from time to time.

• 4. Minors and parental consent
• 4.1 The platform does not specify a minimum age for membership or use of the service. However, the use of the service by minors is subject to the terms and conditions of this clause.
• 4.2 In the event that the user is under 18 years of age, such user agrees and certifies that the user has informed their parents or legal guardians about the subscription and use of the platform's services and has obtained the consent of their parents or legal guardians prior to subscription and use of the services.
• 4.3 The parent or legal guardian of the minor user agrees to acknowledge and be legally responsible for any actions, use of the service, display of information, and content that the minor performs or displays through the virtual platform as if it were their own actions, and agrees to be bound by all of these terms and conditions on behalf of the minor.
• 4.4 In the event that a child is unable to register or use the platform independently, their parent or legal guardian shall register and manage the user account on their behalf, and the account shall be deemed to be under the direct care and responsibility of the parent or legal guardian.
• 4.5 The company reserves the right to request additional documents or information to verify the age, relationship, or consent of the parents or legal guardians of minor users, and has the right to suspend, restrict, or cancel the user account if such evidence cannot be provided within the timeframe specified by the company.

• 5. Platform services
• 5.1 Services for Actors
• The company provides services through its platform for talent users to create, showcase, and manage their personal information and performance portfolios. These services include, but are not limited to, the following:
• (a) Subscription and creation of an account as an actor.
• (b) Creating, editing, updating, and managing actor profiles, which may include name, age, gender, nationality, background, experience, work, and any other information as required by the platform.
• (c) Uploading, storing, and displaying the performer's images, videos, or other media, subject to the terms, quantity, quality, or limitations of the package or service chosen by the performer.
• (d) Selecting and adjusting the privacy level settings of a profile or content to define the scope of access to the performer's information.
• (e) Displaying a webpage or personal online area for an actor's profile in the format provided by the platform.
• (f) You may edit, change, or improve the information and content on your profile yourself according to the terms and conditions set by the platform.
• (g) Suspending the display, hiding information, or canceling one's own user account according to the methods and conditions specified by the platform.
• The company does not guarantee, warrant, or assume responsibility for the selection or non-selection of actors, the acceptance or non-acceptance of work, employment terms, wages, compensation, or any other benefits that may arise from the use of the platform's services. These are the direct responsibility of each individual user.
• The company reserves the right to modify, change, add, or remove details, scope, or format of services for performers at any time as it deems appropriate. Such changes may affect features, capabilities, or terms of service, and are subject to change as announced by the company from time to time.
• 5.2 Services for Casting Teams / Employers
• The company provides services through its platform for casting teams, producers, creators, or employers to search for, select, and communicate with actors. These services include, but are not limited to, the following:
• (a) Subscription and account creation as a casting team or employer. The Company may require applicants to review or pre-apply information before granting access to the platform or certain features.
• (b) Searching, browsing, and accessing actors' profiles, information, and work under the terms and conditions and access levels specified by the platform.
• (c) Creating, announcing, or disseminating information about projects, performances, or casting calls/briefs through the platform.
• (d) Creating a shortlist of actors for roles or projects.
• (c) Contacting and communicating with performers through channels or tools provided by the platform, where such communication is direct contact between users.
• (f) The use of any other tools, features, or systems provided by the Platform to support the process of finding, selecting, or managing performer data.
• The company acts solely as a technology platform provider and is not a contracting party, agent, broker, or representative of casting teams or employers in any way regarding the hiring, negotiation, agreement, or contracting of actors. Furthermore, the company is not liable for any terms of employment, wages, compensation, payments, or disputes arising between users.
• The company does not guarantee the results of any search, selection, or contact through the platform, and does not guarantee the accuracy, completeness, or suitability of the information or work of the performers. It is the user's responsibility to verify and consider this information themselves.
• The company reserves the right to modify, change, add, or reduce the details, scope, or format of services for casting teams or employers at any time as it deems appropriate, in accordance with the company's terms and conditions and announcements as they may be issued from time to time.

• 6. Membership system and fees
• 6.1 The platform may require certain types of users to subscribe or select a service package to access specific services or features. The format, duration, scope, and fees of the packages will be as determined by the company and displayed on the platform or announced from time to time.
• 6.2 Users agree to pay any service fees, membership fees, or charges related to the use of the platform's services at the rates, durations, and conditions determined by the company. Payment of service fees shall be considered as payment for the right to access and use the services according to the selected package, and not as payment to guarantee any results from the use of the services.
• 6.3 Unless expressly otherwise stated, service fees, membership fees, or charges paid by users to the Company are non-refundable, non-cancellable, and non-exchangeable for cash or any other benefit under any circumstances. Users retain the right to manage, edit, hide, or cancel the display of their information or profile on the platform according to the specified terms and conditions.
• 6.4 The Company does not deduct commissions, does not receive payments on behalf of users, and does not act as an intermediary in receiving or transferring wages, compensation, or any benefits arising from employment or contracts between users, unless expressly stated or specified otherwise in writing by the Company.
• 6.5 The company reserves the right to change, modify, increase, or decrease service rates, packages, durations, or terms of service at any time as it deems appropriate. Users will be notified through the platform, website, or any other appropriate channel. Such changes will not be retroactive to fees already paid, unless expressly stated otherwise.
• 6.6 In the event that a user fails to pay the service fee on time, the company reserves the right to suspend, limit, or cancel access to the services or features associated with that package until the user has paid the service fee in full according to the specified terms and conditions.

• 7. Content and Intellectual Property Rights
• 7.1 The User warrants and agrees that any Content, whether text, images, videos, audio, data, or other media (“Content”) that the User creates, uploads, displays, or publishes through the Platform is Content for which the User has the legal right or is legally authorized to use, publish, or display, and that such Content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.
• 7.2 Users retain full ownership of all intellectual property rights to their own content. Uploading or displaying such content through the platform does not constitute a transfer of such intellectual property rights to the Company.
• 7.3 Users agree to grant the Company the right to use, reproduce, modify, store, display, publish, or process Users' content as necessary for the purposes of providing, displaying, operating, improving, or promoting the platform without any compensation to the Users. Such granted rights are non-exclusive and limited only to what is necessary for providing the platform services.
• 7.4 Users agree not to create, upload, display, or distribute any content through the platform.
• (a) Infringing on the copyright, intellectual property rights, or any other rights of a third party.
• (b) Contrary to applicable laws, court orders, or orders of government agencies.
• (c) Contrary to public morality, peace and order, or ethics.
• (d) is false, deceptive, defamatory, obscene, violent, or otherwise inappropriate.
• 7.5 The Company reserves the right to review, suspend display, delete, or manage any content that the Company deems inconsistent with these Terms, applicable laws, or the platform's usage guidelines, without prior notice to users. The exercise of such rights does not affect the Company's right to suspend or terminate user accounts in accordance with these Terms.
• 7.6 Users agree to be solely responsible for the content they create, upload, display, or publish through the platform and agree to indemnify the Company if such content causes damage, claims, or disputes from third parties due to infringement of rights or violation of laws.
• 7.7 In the event that content uploaded, displayed, or published by a user through the platform is part of a movie, drama, series, advertisement, music video, or any other work that is copyrighted by another person, the user warrants and agrees that:
• (a) The user has the right, or is legally authorized, to use such content solely for the purpose of creating a showreel/portfolio.
• (b) The use of such content is for the purpose of showcasing personal experiences or work, not for commercial use, and does not generate income for the user.
• (c) The user shall appropriately identify the source and copyright owner of such work. In the event of any claim for damages, lawsuit, or dispute from any third party, whether filed against the Company or directly against the user, arising out of or related to infringement of copyright, intellectual property rights, or any other rights of any third party, the user agrees to be solely responsible and agrees to indemnify the Company for all damages, expenses, attorney's fees, and other expenses that may be incurred in such case, and the Company shall not be liable for any damages or disputes arising therefrom.

• 8. Content review and management
• 8.1 The company does not have a policy of reviewing or approving user content before publication or display on the platform. Therefore, all content created, uploaded, or displayed by users through the platform is the sole responsibility of the user.
• 8.2 Although the Company does not pre-review or approve content, it reserves the right to conduct post-moderation review of content and has the right to exercise its discretion to take any action regarding the content or user accounts if it deems the content inappropriate.
• (a) Contrary to these terms and conditions.
• (b) Contrary to applicable laws, court orders, or orders of government agencies.
• (c) Contrary to public morality, peace and order, or ethics.
• (d) may cause damage, risk or dispute to the Platform, Company or third parties.
• 8.3 The Company's actions under clause 8.2 may include, but are not limited to, hiding content, deleting content, restricting access, temporarily suspending accounts, or permanently terminating user accounts, without prior notice to the user.
• 8.4 The exercise of the Company's right to review and manage content under this clause does not constitute an endorsement, guarantee, or confirmation of the accuracy, suitability, or lawfulness of any content appearing on the platform, and does not create any obligation or liability for such content.
• 8.5 Users agree and acknowledge that the suspension, deletion, or management of content or user accounts under this clause is within the company's discretion to maintain the legality, security, and appropriateness of the platform, and users have no right to claim any damages or compensation from the company as a result of such actions, to the extent permitted by law.

• 9. Relationship between users
• 9.1 Any contact, communication, negotiation, selection, hiring, or any other action between users, whether between actors and casting teams, employers, or any other type of user, constitutes a direct relationship and action between the users and shall be considered as actions between the parties independently of each other.
• 9.2 The Company and Platform are not involved in, are not a party to, represent, broker or agent of any user, and do not participate in any decisions or processes related to
• (a) Selection or non-selection of users
• (b) Accepting work, assigning work, or hiring.
• (c) Terms of wages, compensation, benefits, or any payment.
• (d) The formulation, interpretation, enforcement, or termination of contracts between users.
• (c) Payment, transfer of funds, or financial management between users.
• 9.3 The Company does not warrant, guarantee, or assume any responsibility for the consequences of any contact, negotiation, selection, or employment that occurs between users, including no liability for any damages, breach of contract, disputes, or claims arising from any relationship or agreement between users.
• 9.4 The user agrees to be solely responsible for all communication, negotiation, and contractual arrangements between the user and agrees not to hold the company liable or responsible for any damages arising from any actions or relationships between the user and the company, to the extent permitted by law

• 10. Limitation of Liability
• 10.1 The Company does not warrant, guarantee, or make any commitment that the use of the platform's services will result in users obtaining jobs, being hired, or achieving any direct or indirect outcome. The search, selection, or hiring of performers is solely at the discretion and decision of each individual user.
• 10.2 The Company is not liable for any actions, omissions, policies, or behaviors of any users, whether actors, casting teams, employers, or any other type of user, nor is it liable for the accuracy, completeness, or appropriateness of any information or content displayed or published by users through the platform.
• 10.3 The Company shall not be liable for any damages incurred by users or third parties arising out of or in connection with the use of the platform's services, including indirect damages, special damages, consequential damages, punitive damages, loss of revenue, business opportunity, reputation, data, or profits, even if the Company has been notified of or could have anticipated such damages, to the extent permitted by law.
• 10.4 In any event that the Company's maximum gross liability arises from or is related to the use of the Platform's services, it shall be limited to the amount of service fees or membership fees that the User has paid to the Company during the 12 months prior to the date of the event giving rise to such liability.

• 11. Suspension or termination of services
• 11.1 The Company reserves the right to suspend, limit, or terminate the service or access to the platform of any user, in whole or in part, temporarily or permanently, if the Company deems it necessary.
• (a) The user violated these terms and conditions.
• (b) The user violates applicable laws, court orders, or orders of government agencies.
• (c) The user has behavior that is contrary to public morality, public order, or ethics.
• (d) The user's use may cause damage, risk, or dispute to the Platform, the Company, or other users.
• (c) The Company needs to take steps to ensure the safety, security, or legality of the platform.
• 11.2 Suspension or termination of services under this clause may be carried out by the Company without prior notice to the user and without giving rise to any claims for damages, compensation, or benefits from the Company, to the extent permitted by law.
• 11.3 Users have the right to cancel their service or user account in accordance with the methods and conditions specified by the platform. However, such cancellation shall not affect any rights, duties, or liabilities incurred prior to the date the cancellation takes effect.
• 11.4 In the event of a suspension or termination of services for any reason, access to user accounts, content, or certain services may be terminated or restricted, and the Company is not liable for any loss of data, content, or any other consequences arising from such suspension or termination.
• 11.5 Any provision in these Terms which by its nature or intent remains in effect after the termination of the service or the termination of the relationship between the Company and the User shall remain in effect in all respects.

• 12. Changes to services and terms
• 12.1 The Company reserves the right to modify, change, improve, add, or remove any part or all of the terms and conditions of service on the platform at any time as it deems appropriate, for the purpose of developing, improving, or enhancing the platform, including to comply with relevant laws, regulations, orders of government agencies, or guidelines.
• 12.2 The Company reserves the right to amend, change, or improve these Terms and Conditions of Service at any time, and will notify users through the platform, website, or any other channel the Company deems appropriate.
• 12.3 Unless expressly otherwise provided, any amendment or change to the Services or Terms under this Section shall take effect from the date the Company announces or notifies them, and shall not have retroactive effect on any rights, duties, or liabilities arising prior to the effective date of such amendment or change.
• 12.4 If a user continues to access, use, or utilize the Platform's services after the date on which the services or terms and conditions are modified, it shall be deemed that the user has implicitly read, understood, and agreed to be bound by the modified services or terms and conditions.
• 12.5 In the event that a user does not accept such changes to the service or terms and conditions, the user has the right to terminate their use of the platform and cancel their user account in accordance with the methods and conditions specified by the platform.

• 13. Applicable Laws and Jurisdiction
• 13.1 These Terms and Conditions of Service shall be governed by and interpreted in accordance with the laws of the Kingdom of Thailand.
• 13.2 In the event of any dispute, disagreement, or claim arising out of or relating to these Terms and Conditions of Service or the use of the Platform, the User agrees that the Thai courts shall have jurisdiction to adjudicate.
• 13.3 The User agrees to waive the right to object to the jurisdiction or location of trial of Thai courts on grounds of domicile, residence, or any other reason permitted by law. The User acknowledges and agrees that transactions and expressions of intent made through the platform are electronic acts under the Electronic Transactions Act B.E. 2544 (2001), and that the location of such receipt or expression of intent may be at the Company's head office or any other location as permitted by law. This shall not affect the jurisdiction of Thai courts as specifically provided for by law.

• 14. Contact and Complaints
• Users can contact the company to inquire about, file complaints, or request assistance regarding the use of the platform through the channels designated by the company on the platform. The company will consider and take action within a reasonable timeframe, in accordance with company guidelines and policies, and as required by applicable laws.