Terms of Service

These Terms of Service (the “Terms”) are a legally binding agreement between you and The Banished Inc. (“The Banished,” “Company,” “we,” “us,” or “our”) governing your access to and use of our websites, applications, platforms, digital tools, user accounts, subscriptions, creative services, and related content, products, and services, including AI-enabled features, casting tools, and talent-matching tools, digital storefronts, member areas, and communications that link to or reference these Terms (collectively, the “Services”).

By accessing or using the Services, creating an account, clicking to accept these Terms, purchasing a subscription, or otherwise engaging with the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Services.

If you are using the Services on behalf of a company, production entity, agency, studio, or other organization, you represent and warrant that you have authority to bind that entity to these Terms, and “you” includes both you and that entity.

You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Services unless we expressly permit limited use by minors with legally valid parent or guardian consent.

If you are a parent or legal guardian permitting a minor to use any portion of the Services, you are fully responsible for that minor’s use of the Services, compliance with these Terms, and any submissions, content, or activity associated with the minor’s account or participation.

We may refuse access to the Services, suspend accounts, or require age, identity, or authority verification at any time where reasonably necessary for safety, legal compliance, platform integrity, or business protection.

The Services may include, without limitation:

• film, television, comic, publishing, and digital media content;
• artwork, designs, illustrations, music, scripts, story materials, and other creative works;
• digital products, memberships, subscriptions, downloads, and limited-access content;
• professional, creative, consulting, production, development, software, and platform services;
• AI-enabled tools and features;
• talent, creator, actor, artist, vendor, or collaborator profiles;
• casting, discovery, matching, recommendation, workflow, portfolio, or project collaboration tools; and
• user dashboards, personal accounts, communications, and support functions.

We may add, modify, suspend, or discontinue any part of the Services at any time, with or without notice, to the fullest extent permitted by law.

To access certain features, you may be required to create an account. You agree to provide accurate, current, and complete information and to keep that information updated.

You are responsible for maintaining the confidentiality of your login credentials and for all activities occurring under your account. You must promptly notify us of any suspected unauthorized access, misuse, or security incident involving your account.

We reserve the right to suspend, restrict, or terminate any account that we reasonably believe is false, misleading, compromised, unlawful, abusive, infringing, risky to the platform, or otherwise in violation of these Terms.

You agree not to:

• violate any law, regulation, or third-party right;
• infringe, misappropriate, or violate any intellectual property, privacy, publicity, contractual, employment, labor, or proprietary right;
• upload, submit, post, distribute, or use content you do not have the right to use;
• impersonate any person or entity or misrepresent your identity, affiliation, authority, credentials, or experience;
• submit false, deceptive, discriminatory, defamatory, harassing, abusive, threatening, obscene, exploitative, or unlawful material;
• use the Services to scrape, copy, reverse engineer, frame, mirror, benchmark, index, harvest, or build competing datasets, products, or services, except as expressly authorized in writing;
• interfere with or disrupt the Services, servers, security measures, or related systems;
• introduce malware, malicious code, bots, or harmful automation;
• use the Services to generate, train, improve, or validate AI or machine learning systems without our express written consent;
• use AI-enabled outputs from the Services in a deceptive, defamatory, unlawful, discriminatory, or rights-infringing way; or
• use the Services for unauthorized commercial exploitation, resale, sublicensing, or bureau use.

We may investigate violations and take any action we reasonably deem appropriate, including content removal, account suspension, cancellation of transactions, legal reporting, and referral to law enforcement.

All content, software, designs, artwork, scripts, story worlds, characters, visual assets, audio, video, branding, graphics, interfaces, compilations, databases, workflows, and other materials made available by The Banished Inc. through the Services, other than User Content as defined below, are and remain the exclusive property of The Banished Inc. or its licensors and are protected by U.S. and international intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for your personal or internal business use, as applicable to the specific Service you purchased or were permitted to access.

No right, title, or interest is transferred to you except as expressly stated in these Terms. All rights not expressly granted are reserved.

“User Content” means any information, materials, data, submissions, profiles, headshots, videos, reels, audio, voice samples, portfolio items, creative materials, scripts, concepts, images, text, comments, metadata, feedback, or other content that you upload, submit, post, transmit, publish, store, or otherwise make available through or in connection with the Services. You retain whatever ownership rights you may have in your User Content, subject to the rights you grant to us in these Terms.

You grant The Banished Inc. a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, display, perform, format, modify only as technically necessary, transmit, distribute, index, analyze, and otherwise use your User Content as necessary to:

• operate, provide, secure, maintain, improve, and support the Services;
• review submissions, applications, portfolios, and profiles;
• facilitate project, casting, or collaboration workflows you request or enable;
• generate matches, recommendations, search results, rankings, or platform functionality;
• create backups and platform records;
• enforce these Terms; and
• comply with law.

If you submit User Content for public display, promotional consideration, profile visibility, project review, or platform discovery, you also grant us the right to display, promote, feature, and share that User Content within the Services and in associated business operations consistent with the settings, permissions, campaign context, or submission flow you selected.

User Content may be used in aggregated or anonymized form to improve automated systems, machine learning models, and platform functionality.

You represent and warrant that:

• you own or control all rights necessary for your User Content and the licenses granted in these Terms;
• your User Content does not infringe or violate any third-party rights;
• any person whose name, image, voice, signature, likeness, performance, personal data, or biographical information appears in your User Content has provided all legally required consents, releases, and permissions;
• if any User Content includes a minor, you have all legally required parent or guardian permissions; and
• your User Content is accurate and not materially misleading.

The Banished Inc. operates as an interactive computer service provider under Section 230 of the Communications Decency Act (47 U.S.C. §230). To the fullest extent permitted by law, The Banished Inc. shall not be treated as the publisher or speaker of any User Content provided by users or third parties.

To the extent permitted by law, you grant The Banished Inc. the right to use, display, reproduce, and distribute your name, stage name, professional name, image, likeness, voice, performance, and biographical information solely in connection with operating, promoting, and improving the Services, including within casting tools, profile displays, search results, and promotional materials related to the platform.

Notwithstanding the foregoing, the licenses granted herein do not include the right to create a 'digital replica' (as defined under California law) for the purpose of replacing a human performer in new creative content, without a separate, specific written agreement meeting the requirements of California Assembly Bill 2602.

Certain Services may include casting tools, talent discovery features, profile visibility, search tools, recommendations, scoring, ranking, or AI-assisted matching and workflow features. You acknowledge and agree that:

• the Services may provide suggestions, rankings, summaries, classifications, matches, or other outputs generated or supported by automated systems, including AI;
• such outputs are informational tools only and may be incomplete, subjective, imperfect, or inaccurate;
• use of the Services does not guarantee auditions, callbacks, interviews, meetings, representation, hiring, engagement, financing, publication, production, distribution, or selection for any role, project, or opportunity;
• The Banished Inc. does not warrant that any profile, project, listing, opportunity, participant, or counterparty is accurate, available, legitimate, safe, suitable, or successful;
• you are solely responsible for evaluating any opportunity, engagement, project, role, collaborator, or business relationship;
• we are not an employer, talent agent, manager, licensed employment agency, procurement agency, labor organization, or fiduciary unless expressly stated in a separate written agreement signed by The Banished Inc.; and
• any final decision regarding casting, hiring, collaboration, engagement, publication, or production remains subject to human review and independent judgment by the relevant decision-maker.

You further agree not to rely on AI-generated or algorithmic outputs as the sole basis for high-impact legal, employment, financial, safety, medical, or similarly significant decisions.

Automated outputs generated by the Services may reflect statistical correlations or data patterns and may contain unintended bias, errors, or inaccuracies. The Banished Inc. does not guarantee that automated outputs are free from bias or error, and users remain responsible for evaluating any results generated by automated systems.

You acknowledge that the Services are a passive technology platform and automated workflow tool only. The Banished Inc. does not procure, offer, promise, or attempt to procure employment or engagements for users. The use of automated matching tools does not constitute a recommendation or endorsement of any talent for a specific professional role.

Unless expressly requested in writing by The Banished Inc. through an official submission channel, you may not submit unsolicited scripts, pitches, treatments, story ideas, character concepts, art concepts, formats, or other creative proposals intended for development, sale, or review. If you nevertheless submit unsolicited materials, you agree that:

• the submission is non-confidential;
• no fiduciary, agency, implied-in-fact, or confidential relationship is created;
• The Banished Inc. is not obligated to review, return, or compensate you for the submission; and
• The Banished Inc. may already be developing or may later develop materials similar to your submission without liability, provided we do not unlawfully infringe protectable rights.

You agree to pay all fees, charges, taxes, and other amounts associated with your use of any paid Services. All prices are displayed in the currency designated at checkout unless otherwise stated. Payments may be processed by third-party payment processors. We do not store full payment card data unless expressly stated. Your payment transaction may be subject to the separate terms and privacy practices of the applicable payment processor. Except as required by law or expressly stated otherwise in writing, all purchases are final and non-refundable.

We reserve the right to correct pricing errors, modify pricing, change package features, impose or revise usage limits, and refuse or cancel orders where necessary for fraud prevention, legal compliance, platform integrity, or operational reasons.

Some Services are offered on a subscription or automatically renewing basis. By purchasing a subscription, you authorize us or our payment processor to charge your selected payment method on a recurring basis at the disclosed interval until you cancel.

For subscriptions, we will present the material terms of the offer, including recurring charges, billing frequency, cancellation terms, and any trial conversion terms, before purchase as required by applicable law.

Unless otherwise stated in a specific offer:

• subscriptions renew automatically for successive renewal periods equal to the initial term;
• charges are billed in advance for each billing period;
• free or discounted trial offers may convert to paid subscriptions unless canceled before the applicable cutoff; and
• you may cancel at any time through your account settings or another method clearly made available by us.

Cancellation will stop future renewal charges on a going-forward basis, but will not retroactively refund fees already paid except where required by law. We may send renewal, billing, or material-change notices where required by law or where we determine such notices are operationally appropriate.

Any access to digital content, downloads, premium materials, media libraries, templates, training materials, platform tools, or membership areas is licensed, not sold. You may not copy, redistribute, resell, share login access, publicly perform, exploit, mirror, or commercially use paid digital materials except as expressly authorized in writing. We may place reasonable technical restrictions on access, download limits, device limits, geographic access, anti-sharing controls, watermarking, or anti-abuse measures.

If you provide suggestions, ideas, improvements, recommendations, or other feedback regarding the Services, you grant The Banished Inc. a perpetual, irrevocable, worldwide, royalty-free right to use that feedback for any lawful purpose without compensation or attribution to you.

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

By creating an account, making a purchase, or contacting us, you consent to receive transactional and service-related communications from us, including by email, in-app notice, or other reasonable means. Where you separately opt in, we may also send promotional communications. You may unsubscribe from marketing emails using the unsubscribe mechanism provided, but you may still receive transactional or account-related communications.

The Services may integrate with, link to, embed, or otherwise interact with third-party websites, platforms, tools, applications, payment processors, hosting providers, communication tools, social media services, or analytics providers. We do not control and are not responsible for any third-party services, content, terms, policies, conduct, availability, or security practices. Your use of third-party services is at your own risk and subject to their terms.

The Banished Inc. respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512. If you believe that any material available through the Services infringes your copyright, you may submit a written DMCA notice containing the following:

• identification of the copyrighted work claimed to be infringed;
• identification of the material claimed to be infringing and its location on the Services;
• your name, address, telephone number, and email address;
• a statement that you have a good faith belief that the use is not authorized;
• a statement under penalty of perjury that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner;
• your physical or electronic signature.

DMCA notices should be sent to: legal@the-banished.com

We may, at any time and in our sole discretion, suspend, restrict, disable, remove, or terminate your access to any part of the Services, with or without notice, if we believe:

• you violated these Terms;
• you created risk, liability, or legal exposure for us or others;
• your use is fraudulent, abusive, deceptive, unlawful, or harmful;
• your account is inactive for an extended period;
• continued access is not commercially or operationally feasible; or
• suspension or termination is necessary to protect the Services, our users, our rights, or third parties.

Upon termination, any rights granted to you under these Terms will immediately cease, but provisions that by their nature should survive will survive, including provisions relating to ownership, licenses, disclaimers, limitations of liability, indemnity, dispute resolution, and accrued payment obligations.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE FULLEST EXTENT PERMITTED BY LAW. THE BANISHED INC. DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, RELIABILITY, OR SYSTEM INTEGRATION.

WITHOUT LIMITING THE FOREGOING, THE BANISHED INC. DOES NOT WARRANT THAT:

• THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
• THE SERVICES WILL MEET YOUR EXPECTATIONS OR BUSINESS OBJECTIVES;
• ANY CREATIVE, COMMERCIAL, CASTING, MATCHING, OR AI-ASSISTED OUTCOME WILL BE SUCCESSFUL;
• ANY USER, PROFILE, SUBMISSION, PROJECT, OR OPPORTUNITY WILL BE AUTHENTIC, COMPLETE, OR SUITABLE;
• ANY CONTENT WILL REMAIN AVAILABLE; OR
• ANY DEFECTS WILL BE CORRECTED.

To the fullest extent permitted by applicable law, The Banished Inc., including its affiliates, licensors, service providers, officers, directors, employees, contractors, agents, successors, and assigns, will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages. This includes, but is not limited to, loss of profits, revenue, business opportunities, goodwill, data, or use, arising out of or related to the Services or these Terms, even if The Banished Inc. has been advised of the possibility of such damages.

To the fullest extent permitted by law, the total aggregate liability of The Banished Inc. for all claims arising out of or relating to the Services or these Terms will not exceed the greater of:

• (a) the amount paid by you to The Banished Inc. for the applicable Service during the twelve (12) months preceding the event giving rise to the claim; or
• (b) one hundred U.S. dollars (US $100).

You agree to defend, indemnify, and hold harmless The Banished Inc., its affiliates, licensors, service providers, officers, directors, employees, contractors, agents, successors, and assigns from and against any and all claims, demands, actions, proceedings, liabilities, damages, judgments, awards, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

• your use of the Services;
• your User Content;
• your violation of these Terms;
• your violation of any law or third-party right;
• your misuse of AI-enabled outputs or platform functionality; or
• your breach of any representation, warranty, or consent obligation under these Terms.

These Terms are governed by the laws of the State of California, without regard to conflict of laws principles, except to the extent superseded by applicable federal law. Any dispute that is not subject to the arbitration provisions set forth below, including claims that may be brought in small claims court, shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and each party consents to personal jurisdiction and venue in those courts.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except for disputes that qualify for small claims court, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

The arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action. You and The Banished Inc. agree that each party waives any right to participate in a class action lawsuit or class-wide arbitration. If any portion of this class action waiver is found unenforceable, the entire arbitration provision shall be void.

You may opt out of this arbitration agreement by providing written notice to The Banished Inc. within thirty (30) days of first accepting these Terms.

Nothing in these Terms is intended to waive rights that cannot be waived under applicable California law. If you are a California consumer, certain consumer protection, privacy, renewal, and cancellation rights may apply to your use of the Services and any subscription offerings. California privacy rights are addressed in our Privacy Policy and any California-specific privacy notice, where applicable.

If any settlement or release language is ever included in a future agreement with users, customers, or collaborators, it should address California Civil Code section 1542 expressly if the intent is to waive unknown claims.

The Services are not directed to children under the age of thirteen (13). Individuals under 13 are not permitted to use the Services. If you are between 13 and the age of majority in your jurisdiction, you may only use the Services with the consent and supervision of a parent or legal guardian. If we permit minors to use any portion of the Services, additional rules, parent/guardian consent requirements, and content controls may apply.

You agree that these Terms, any notices, disclosures, records, and other communications may be provided electronically, and that your electronic acceptance has the same force and effect as a handwritten signature to the extent permitted by law.

We may update these Terms from time to time. If we make material changes, we may provide notice by posting the updated Terms, updating the “Last Updated” date, sending an email, presenting an in-product notice, or using another reasonable method. Your continued use of the Services after the effective date of updated Terms constitutes acceptance of the revised Terms, except where additional assent is required by law.

These Terms constitute the entire agreement between you and The Banished Inc. regarding the Services, except where superseded by a separate written agreement signed by The Banished Inc. If any provision of these Terms is found invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of our right to do so later. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate restructuring, sale of assets, financing, or by operation of law.

You agree to comply with all applicable export control and sanctions laws, including those administered by the U.S. Department of Commerce, the U.S. Department of Treasury, and the Office of Foreign Assets Control (OFAC). You may not access or use the Services if you are located in a country or territory subject to U.S. sanctions or if you are listed on any U.S. government restricted party list.

The Banished Inc. shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including, without limitation, natural disasters, acts of government, labor disputes, internet outages, cyber incidents, failures of third-party infrastructure, or other force majeure events.

The Banished Inc.

Email: support@the-banished.com