Rules of Use Casting42
Date: 13 February 2023
These are the rules of use (“Rules of Use”) for Casting42. Casting42 is an online service providing an all-in-one customizable casting database (the “Platform”) for model agencies, casting directors, production companies and extras agencies (“Agencies”). Please visit www.casting42.com for more information.
The Platform is developed and maintained by Kempen Automatisering having its principal place of business at the Arendstraat 37 in Hilversum (1223RE), the Netherlands, and registered with the chamber of commerce under registration no. 34169784 (“we”, “our” or “us”).
Article 1. Access to the Platform
1.1. Before you can use the Platform on behalf of an Agency to manage a casting database, you will require an account.
1.2. Your account is protected by an email address, password and (if two factor authentication is enabled) additional authorization tokens. It is important that you keep these login credentials strictly confidential. We may assume that all actions undertaken from your account after logging in with your login credentials are authorized and supervised by you. This means that you are responsible and liable for these actions.
1.3. If you accidently shared your login credentials with someone else, or if you suspect that someone else obtained access to your account, you are obliged to immediately take action to prevent any misuse of your account. You can easily change your password via the account settings on the Platform.
1.4. Before you can use the Platform as a model, you (or your representative) will need to fill out a signup form. Once you (or your representative) have (or has) completed the signup form, you will obtain access to a personal profile which is protected by a temporary password which is only valid for a limited duration. You can request a new temporary password at any time if you want to view or modify your profile. Your temporary password will be sent to the email address associated with your profile.
1.5. The signup form is made available by the Agency. We cannot accept any responsibility with regards to the contents of this signup form. If you have any questions or complaints about the form, please contact the Agency directly.
1.7. If you no longer wish to use the Platform, you can request the Agency to close the account and/or remove your profile for you.
Article 2. Responsibilities of the Agencies
2.1. We only facilitate the Platform but are not involved in any services or activities of the Agencies. We are not responsible for the correct and timely performance of any agreements you may have with the Agency. If you have any complaints or remarks in this respect, you should contact the Agency directly.
Article 3. Acceptable use
3.1. We expect you to adhere to the following rules.
a. Don’t break the law. It is not permitted to use the Platform for any purpose that violates applicable laws and regulations. Don’t violate any laws and don’t publish or refer to information that may assist others in violating the law.
b. Respect the rights of others. It is forbidden to use the Platform in any manner that violates the rights of others, including their privacy and intellectual property rights. Don’t publish or refer to information that violates third-party rights. Don’t store any personal data of others unless you have a legal ground for doing so.
c. Don’t impersonate others. It is not allowed to create or use an account on the Platform under somebody else’s name. You are not allowed to pretend to be another person when you are using the Platform. Furthermore, you are not allowed to pretend to represent an Agency you are not affiliated with.
d. Be decent. We expect all our users to adhere to the Netiquette Guidelines which can be found on this website. Please behave and don’t publish information which is slanderous, hateful, deceptive, libelous or racist.
e. Don’t spam. It is forbidden to use the Platform to distribute unsolicited or unauthorized messages, including but not limited to advertisements, chain messages, junk mail or spam.
3.2. You are explicitly not allowed to use the Platform for pornographic production (e.g. pornographic magazine or video) castings or to upload pornographic content to the Platform, unless we have given our explicit written consent in advance.
3.3. Any materials uploaded via the Platform will be automatically scanned for any child sexual abuse (CSAM) content. We preserve the right to block your access to the Platform with immediate effect in case any CSAM contents are uploaded.
3.4. Should we discover that you violate any of the rules described above, or receive a complaint of a third party in this regard, we will issue a warning and provide you with a reasonable opportunity to take action. If this does not lead to an acceptable solution within a reasonable period, we may intervene. This may, for example, result in the deletion of certain information from the Platform or temporarily or indefinitely closing your account. In urgent cases we may intervene without issuing a warning. We are not liable for any damages you suffer as a result.
3.5. We are at all times entitled to file a criminal complaint for any offenses committed by using the Platform. In addition, we may provide your name, address, IP-address and other identifying data to a third party alleging that you violate its rights or these Rules of Use, insofar we are required to do so by applicable laws and regulations.
3.6. If you notice that another user violates these Rules of Use, we kindly request you to report such violation via email@example.com .
Article 4. Intellectual property rights
4.1. All copyrights and other intellectual property rights pertaining to the Platform and any other materials made available to you are vested exclusively in us or our licensors. You only have the right to use the Platform and other materials in accordance with these Rules of Use as long as you have an account. The right of use granted to you is revocable, non-transferable and non-sublicensable.
4.2. You do not have the right to make changes to the Platform or other materials made available by us and are not entitled to a copy of the source code of the Platform. You are not allowed to retrieve the source code by means of reverse engineering, except if permitted by mandatory law. You will not be given a physical carrier with a copy – in object code or source code format – of the Platform.
4.3. We may take all technical measures we deem necessary to protect the Platform and other materials. You are not permitted to circumvent or remove any such security measures.
4.4. Information or materials you store or process using the Platform is and remains your property. We may use this information or materials for the delivery of our services. You may change or remove the information or materials at your own discretion.
Article 5. Availability and maintenance
5.1. We endeavor to keep the Platform available as much as possible, but cannot guarantee uninterrupted availability. The Platform may be unavailable from time to time, for example due to technical failures or maintenance.
5.2. We may change the Platform from time to time. Your feedback and suggestions are welcome but ultimately we decide which changes are implemented or not. We endeavor to announce any significant changes in the functionality of the Platform at least 30 days in advance.
5.3. If in our opinion nuisance, damage or other danger arises for the systems or network of us or third parties, for example as a result of a (d)dos attack or security breach, we are entitled to take all measures necessary to avert this damage or danger. This may result in temporary unavailability of the Platform.
Article 6. Support
6.1. If you have questions about the Platform, we kindly ask you to first look at our overview with Frequently Asked Questions available on https://casting42.com/FAQ.
6.2. If you cannot find an answer to your question in our overview with Frequently Asked Questions, you can send an e-mail to our support desk via firstname.lastname@example.org.
6.3. We endeavor to get back to you on any support requests within 5 working days. However, we may need some extra time to handle your request depending on the nature of your question.
6.4. We make regular backups to enable restoring data and/or reverting to an earlier version of the Platform in case of errors or critical disruptions on our side. However, we are not a backup service. You are yourself responsible for storing your data in another location and for making your own backups. We do not have facilities to restore your data upon request.
Article 7. Liability
7.1. If you incur any damages when using the Platform, you should recover these damages through the Agency. We will only pay damages to the Agency in accordance with the agreement we entered with the Agency, and we will not pay damages to you directly, unless we are required to do so by mandatory law. In the latter case we will only reimburse the damages covered by our insurer up to a maximum of EUR 5.000,- except if the damage is the result of intent or willful recklessness on the part of our management.
Article 8. Changes
8.1. We may change these Rules of Use at our sole discretion. Any changes will be announced via e-mail at least 30 days in advance.
8.2. If you do not agree with the announced changes, you may terminate your account as described in article 1 of these Rules of Use.
8.3. If you use the Platform after the effective date, we may assume that you accept the changes.
Article 9. Miscellaneous
9.1. These Rules of Use and your use of the Platform are governed by Dutch law. If you use the Platform as a consumer, the foregoing will not limit any protection you may enjoy under mandatory law in your country of residence, as described in article 6 of Regulation EC 593/2008.
9.2. Any disputes related to your use of the Platform and/or these Rules of Use will be submitted to the Dutch courts in the district where Casting42 has its registered office. If you use the Platform as a consumer, we will however grant you a period of 1 month after we have invoked this provision in writing to choose for a settlement of the dispute by the court with jurisdiction pursuant to the law.