Terms of Use

1. Who is iCasting

iCasting is a trade name of IQ-Concepts B.V., with its statutory seat at Luttekestraat 68, 8011 LS Zwolle, the Netherlands, and registered with the Dutch Chamber of Commerce under number 73363766. In these terms of use, "iCasting", "we" or "us" always refers to IQ-Concepts B.V.

2. Definitions

In these terms of use, the following terms have the meanings specified below:

• user: any visitor, client or talent who visits or uses the platform;
• client: the natural person acting in the exercise of a profession or business, or the legal entity that uses the platform to search for talent or post a casting call;
• talent: the natural person who has created a profile, makes themselves available via iCasting, or responds to a casting call;
• platform: the website, application and other digital environment managed by iCasting;
• account: the personal digital environment through which a user has access to parts of the platform;
• profile: the information and user content linked to a user's account;
• user content: all information, texts, images, videos, audio files, logos, casting calls and other materials that a user posts or provides on or via the platform;
• terms of delivery: the separate terms that apply to paid services, subscriptions, payments and guarantees provided by iCasting.

3. Acceptance and applicability

By creating an account, posting a profile, posting a casting call, responding to a call, or otherwise using the platform, you agree to these terms of use.

These terms apply to every user, regardless of whether they use the platform as a client, talent or visitor.

For paid services, including iCasting Pro, individual paid casting calls and payments via the iCasting balance, the terms of delivery also apply. In the event of any conflict between these terms of use and the terms of delivery, the order of precedence set out in the terms of delivery shall apply to paid services.

If a user does not agree to these terms, they must not use the platform and must terminate or delete their account and profile.

If a provision is void or annulled, the remaining provisions shall remain fully in force. The parties shall replace the relevant provision with a valid provision that approximates its purpose and intent as closely as possible.

4. Visiting and using the platform

iCasting provides an online environment where clients can post casting calls and talent can sign up and respond to calls. iCasting acts as an intermediary platform and is not a party to the agreements made between clients and talent.

You may use the platform solely for legitimate purposes related to casting, talent matching and iCasting's services.

You are not permitted to:

• use the platform for fraud, deception, intimidation, discrimination, threats or other unlawful purposes;
• post false, inaccurate or misleading profile information or casting calls;
• use the platform for purposes unrelated to casting or talent matching;
• use automated software, bots or scripts to collect data without prior permission;
• intentionally overload, hinder or disrupt the platform, iCasting's systems or other users;
• bypass, crack or test security measures without permission;
• distribute malware, spam or other harmful software.

5. Registration and account

For certain parts of the platform, a user must register. The user must provide the required registration information completely, accurately and truthfully, and keep this information up to date.

iCasting may refuse a registration or not activate an account where there is a reasonable ground for doing so, such as fraud, misuse, security risks, payment risks, previous violations or conflict with laws and regulations.

An account is personal and non-transferable. It is not permitted to create multiple accounts or to use another user's account, unless iCasting has given prior written permission.

The user is responsible for keeping their username, password and other login details confidential. Loss, theft or suspected unauthorised use must be reported to iCasting immediately via the contact page.

Activities carried out via an account may be attributed to the relevant user, unless the user can demonstrate that there was unauthorised use that could not reasonably be attributed to them.

6. Profiles and user responsibilities

Each user is solely responsible for the accuracy, completeness and currency of the information in their profile, including photos, videos, descriptions, references, availability and contact details.

iCasting does not fully review profiles and user content in advance. iCasting may modify, temporarily hide or remove profiles or parts thereof when they are clearly inaccurate, misleading, unlawful, unsafe or in breach of these terms.

Clients are responsible for the content of their casting calls and for compliance with applicable laws and regulations, including rules on discrimination, employment law, minors, safety, permits, taxes and privacy.

Talent is itself responsible for assessing whether a casting call is appropriate, reliable and safe before responding or making further arrangements.

7. Obligations of talent

Talent uses the platform carefully and complies with the following rules. It is not permitted to:

• post false or misleading information about yourself;
• post photos or videos that give a misleading impression of your appearance, experience, skills or availability;
• post photos or videos showing nudity or sexually explicit content;
• post images of identifiable persons without the necessary consent or other legal basis;
• post images or other content of minors without the necessary consent of a parent or legal representative;
• use the platform for illegal, criminal or otherwise unlawful activities;
• perform security tests, scans or similar technical actions without permission;
• share confidential information of clients or other users with third parties;
• post content that incites discrimination, hatred, violence, intimidation or other harmful behaviour.

If talent is no longer available for casting calls, the profile must be set to inactive or deleted as soon as possible via the account settings.

8. Obligations of clients

A client may only post casting calls for a legitimate activity of their own organisation or of an organisation for which they are authorised to act.

A client:

• posts only complete, current and non-misleading calls;
• provides relevant information about the work, location, schedule, fee and conditions;
• treats talent respectfully and professionally;
• does not impose requirements that are unlawful, discriminatory, unsafe or irrelevant;
• complies with agreements made with talent;
• uses talent's personal data solely for the purposes permitted in these terms, the terms of delivery and the privacy policy.

The client is solely responsible for the content of a casting call and for verifying talent's information before entering into an agreement with talent.

9. User content

The user retains the rights to the user content they post on the platform. For the duration of the use of the services, the user grants iCasting a non-exclusive, worldwide, royalty-free licence to host, store, technically adapt, publicly disclose, display, distribute and use the user content for the purpose of offering, securing and improving the platform.

This licence includes, among other things, displaying photos, videos, profile information and casting calls to other users insofar as this is necessary for matching, talent matching and responding to or evaluating casting calls.

The user guarantees that they have all necessary rights, permissions and other legal grounds to post the user content and to grant this licence. The user content must not infringe third-party rights and must not violate laws and regulations.

To the extent that user content depicts identifiable persons or contains personal data, the user warrants that they have the necessary consent or other legal basis and have complied with the applicable information obligations.

The user indemnifies iCasting against third-party claims arising from the absence of required rights, permissions or legal grounds or from an infringement by the user's user content, insofar as the cause thereof can be attributed to the user.

10. Intellectual property

All intellectual property rights in the name iCasting, the logo, the platform, the design, the search and matching technology, the database, the software, formats, texts and other content of iCasting belong to IQ-Concepts B.V. or its licensors.

The user is granted only a limited, personal, non-exclusive and non-transferable right to use the platform for the purpose for which it was made available.

It is not permitted to copy, forward, distribute, reproduce, publish, disclose or commercially exploit content, information, texts, logos, trademarks, trade names, images, software or databases of iCasting or other users without permission.

iCasting may take technical measures to protect its intellectual property rights and the rights of third parties.

11. Matching, services and position of iCasting

The purpose of the platform is to connect clients and talent. iCasting is not a party to an agreement between a client and talent and does not determine whether a client hires talent or whether talent accepts a call.

iCasting does not fully verify in advance whether profile information, portfolios, references, availability, qualifications or other user information is accurate and complete. Users are themselves responsible for checking information and making appropriate arrangements.

iCasting may use matching and recommendation features to highlight casting calls and talent. This may take into account, among other things, call characteristics, profile information, location, availability, experience, preferences and previous interactions.

A match is indicative and does not guarantee a response, selection, booking, agreement, income or assignment. If the result of the services does not meet expectations, this does not give rise to a right to compensation, unless the terms of delivery or mandatory law provides otherwise.

12. Confidentiality and use of data

Users treat confidential information received via the platform as confidential and use it solely for the purpose for which the information was provided.

Talent's data and contact information may only be used for legitimate purposes related to evaluating, discussing and carrying out a specific casting call.

It is not permitted to:

• sell, rent, trade or pass on talent's data or contact information to third parties;
• collect it for a separate database;
• read it out automatically or copy it systematically;
• use it for unsolicited general or commercial communication;
• use it for a purpose other than that for which it was made available via iCasting.

13. Privacy and personal data

For the processing of personal data on and via the platform, iCasting is an independent data controller. iCasting does not process personal data on behalf of a client or another user. A user who uses other people's personal data for their own purposes is itself the data controller for that processing.

More information on the categories of personal data, the purposes and legal bases of processing, retention periods, recipients, transfers, security and the rights of data subjects can be found in iCasting's privacy policy.

A client who receives or further uses talent's personal data for their own purposes is itself responsible for the lawfulness of that processing, including having an appropriate legal basis, informing data subjects, implementing appropriate security and respecting data subject requests.

Users provide iCasting with only personal data, photos, videos and other materials for which they are authorised to provide and for which an appropriate legal basis exists.

14. Cookies and similar technologies

iCasting may use cookies and similar technologies for the functioning, securing, analysing and improving of the platform and, where permitted, for marketing purposes. More information on the cookies used, purposes, retention periods and user choices can be found in the applicable cookie policy.

15. Fair use, notices and moderation

iCasting may review user content, profiles and casting calls to the extent necessary for the operation and security of the platform and for compliance with these terms and applicable laws and regulations. iCasting is not required to fully review all user content prior to publication.

iCasting may edit, shorten, technically adapt, categorise, move, refuse, temporarily hide or remove content when:

• the content is inaccurate, incomplete, misleading or outdated;
• the content infringes third-party rights;
• the content violates laws and regulations;
• the content violates these terms or the terms of delivery;
• the content is unsafe, discriminatory, intimidating or otherwise harmful;
• this is necessary for the operation, security or integrity of the platform.

Suspected illegal, misleading, unsafe or otherwise impermissible content may be reported via the contact page. A notice should preferably include a description of the relevant content, its location on the platform and the reason why the content may not be permitted.

When iCasting removes, restricts or makes content, a profile or an account inaccessible, iCasting shall inform the user concerned of the main reasons for this decision, insofar as legally required. This may be omitted or limited when necessary due to legal obligations, an ongoing investigation, security, fraud or the prevention of misuse.

A user who disagrees with a moderation decision may submit a reasoned objection within a reasonable period via the contact page. iCasting will carefully assess the objection and inform the user of the outcome, unless legal or security reasons prevent this.

16. Suspension and termination

iCasting may temporarily suspend or terminate an account, profile, casting call or other functionality in the event of:

• fraud or deception;
• misuse of the platform;
• a serious or repeated breach of these terms;
• breach of the terms of delivery;
• payment default or a negative balance;
• unauthorised access or a security risk;
• infringement of third-party rights;
• illegal, discriminatory, threatening or unsafe content;
• a legal obligation or order from a competent authority.

In the case of a remediable breach, iCasting will, where reasonable, provide a reasonable period to remedy the breach. Immediate action is permitted when necessary due to safety, fraud, legal obligations or the prevention of damage.

A user may terminate their account via the account settings or via the contact page. Deleting an account does not affect payment obligations already incurred or provisions that by their nature remain in force after termination.

The termination or suspension of a paid service or subscription, and the consequences thereof for a balance, are set out in the terms of delivery.

17. Availability, maintenance and links to third parties

iCasting endeavours to make the platform function as reliably and securely as possible, but cannot guarantee that the platform will always be error-free, complete or available without interruption.

iCasting may temporarily take the platform out of service or restrict its use when necessary for maintenance, security, updates, improvements or adaptation to laws and regulations. iCasting will endeavour to announce planned maintenance in advance where reasonably possible.

The platform may contain references to websites or services of third parties. iCasting has no control over these websites or services and is not responsible for their content, availability, security or operation.

18. Security and internet use

iCasting takes appropriate technical and organisational measures to secure the platform and the data processed via the platform. However, iCasting cannot guarantee that data transmission over the internet is completely free of risks or that every attack is prevented.

Users are responsible for keeping their account details confidential, using appropriate security measures and immediately reporting suspected unauthorised use.

iCasting is not liable for viruses, spam, loss or corruption of data or unauthorised use that cannot be attributed to iCasting.

19. Intellectual property of users and third parties

The user indemnifies iCasting against third-party claims regarding intellectual property rights, portrait rights, privacy rights or other rights to data, images, videos, texts or other materials that the user makes public, distributes or makes accessible via the platform, insofar as the cause thereof can be attributed to the user.

The user may not copy, distribute, publish or commercially use content from other users or from iCasting without the necessary permission.

20. Liability

iCasting is not liable for the content, accuracy or completeness of user content, profiles, casting calls or user messages.

iCasting is not liable for damage resulting from agreements, contracts or conduct between clients and talent. iCasting is likewise not liable for the failure of a match, selection, booking or agreement to materialise.

To the extent permitted by law, iCasting is not liable for indirect damage, consequential damage, lost turnover or profit, lost savings, reputational damage, business interruption, loss or corruption of data, damage due to disruptions at third parties or damage due to unauthorised use of account data when this cannot be attributed to iCasting.

To the extent that iCasting is liable despite the foregoing, iCasting's total liability is limited to the amount that the relevant user has actually paid to iCasting in the twelve months preceding the damage-causing event. If the user has not paid any amount to iCasting, liability is limited to the amount that is reasonably related to the services in the relevant case, with a maximum of €250.

The limitation of liability does not apply insofar as the damage is the result of intent or deliberate recklessness by iCasting or its senior management, or insofar as a limitation is not permitted under mandatory law.

The additional liability provisions for paid services are set out in the terms of delivery.

21. Force majeure

iCasting is not obliged to comply with obligations when it is prevented from doing so by force majeure. Force majeure includes, among other things, disruptions at hosting parties, payment providers or other engaged third parties, internet and telecom disruptions, power outages, cyber incidents that could not be prevented despite appropriate security measures, government measures, fire, natural disasters, war, strikes and other circumstances beyond iCasting's reasonable sphere of control.

Obligations are suspended for as long as the force majeure situation continues. During force majeure, iCasting is not obliged to compensate damage, unless mandatory law provides otherwise.

22. Complaints and notices

Complaints about the platform, the services or the conduct of iCasting may be reported via the contact page, with as clear a description of the problem as possible.

iCasting confirms receipt of a complaint if the contact details of the complainant are known and aims to respond substantively within 30 days. If handling within that period is not possible, iCasting will inform the complainant of the expected period.

A report of potentially illegal content or an objection to a moderation decision will be handled in accordance with the procedure in Article 15.

23. Amendments

iCasting may amend these terms of use due to developments in the services, business operations, technology or laws and regulations.

Amended terms will be announced in advance via the platform, by email or in another appropriate manner and will apply from the announced date. Amendments do not apply retroactively.

If an amendment materially and adversely affects a user's rights or obligations, the user may terminate their account by the date the amendment takes effect, unless the amendment is necessary due to laws and regulations or solely involves an improvement of the services.

To the extent that an amendment relates to paid services, subscriptions, balance payments, talent payments or guarantees, the amendment provisions of the terms of delivery also apply.

24. Contact

Do you have questions about these terms, your account, a profile, a casting call, a notice or an objection? Please contact us via the contact page.

25. Applicable law and competent court

These terms of use and all agreements arising from them are governed exclusively by Dutch law.

Disputes that cannot be resolved by mutual consultation shall be submitted to the competent court of the Overijssel District Court, unless mandatory law prescribes a different competent court.