TERMS OF SERVICE
General terms and conditions of use of THECASTING.EU SERVICES
Welcome to the website Thecasting.eu (hereafter the "site"). The Site and the Services described below are published and provided by Dominique Deschacht. If you, user of the site thecasting.eu, wish to visit the site and use the Services, you must accept without reservation the present general conditions of use (hereafter the "TOS").
You are therefore asked to read the TOS carefully before visiting the Site and using the Services. If you accept the TOU, you are advised to print them and keep a copy. The TOU are a contract between you and Thecasting.eu. You are informed that your visit to the Site and use of the Services, are governed by the TOU which are fully against you. In case of refusal to be contractually bound by the TOS, you must not visit the Site or use the Services.
If you are a minor natural person, you acknowledge and declare that you have the authorization of your legal representative (parents or other persons with parental authority) to subscribe to the newsletter and use the Site and its Services. Therefore, the legal representative (I) agrees to be the guarantor of compliance with all the provisions of these TOS and (ii) acknowledges that it is incumbent on him, in particular with regard to the accessibility of the Site open to all, to remain vigilant and to take any A measure necessary to monitor the use made by the minor who is responsible and to provide appropriate advice when using our Services.
We recommend that all parents and/or guardians read the following guidelines for the protection of children on the Internet: http://www.pointdecontact.net/protectiondelenfance.html.
The purpose of these general conditions of use of the "THECASTING.EU" Services (hereinafter referred to as "the general conditions" or "terms") is to define the terms and conditions under which the user (hereinafter referred to as " User "or" user ") may benefit from the" THECASTING.EU "Services offered on its main website www.thecasting.eu and its derived addresses (hereinafter referred to as" the website ").
ART. 1: Purpose of the SITE
the THECASTING.EU Services consist in promoting the connection and the representation of the user in the professions of audiovisual, cinema, Spectacle, modeling and digital professions.
The services offered by THECASTING.EU are accessible to anyone aged at least 18 years of age. The permission of the parents is required for the adhesion of the minors via the mandate of representation. Once registered, the Subscriber has access to the services offered by THECASTING.EU.
At the time of accession, the member must disclose personal information as part of the registration form, which will then identify and facilitate access to the proposed casting services.
The member must complete the registration form correctly and in full. In this context, he undertakes to communicate accurate, current and complete information, including information related to his marital status, physical characteristics and artistic professional experiences. He is committed to update the information about him.
This information will be supplemented by the insertion of the quality photographs made by THECASTING.EU which represent the adherent clearly, personally and exclusively.
These services defined on this site mainly concern the actions defined in the concept THECASTING.EU © protected on 10/11/2017.
These actions are:
-Search (a performer or a professional of audiovisual, spectacle, modeling and digital field, an information)
All within 6 categories of users defined:
The user is informed that these Services are likely to evolve regularly.
ART. 2: Content available on the site
the content put online by Thecasting.eu on the site, namely, without limiting this, all information, data, texts, software, music, sounds, photographs, images, videos, messages, Any kind, produced and published by the site (notably the TOS) or by its partners (and in particular by the content providers and advertisers) (hereinafter the "content of the site"), is protected under intellectual property. The content of the Site, including news, articles, photographs, data and other information, is intended for the personal information of users. Also, you can download and print extracts of the Site content for your personal use and for non-commercial purposes only. Under this reservation, you forbid yourself to use it in any other way whatsoever, in any capacity whatsoever. Any unauthorized use of any of the elements of the Site content (text, sounds and images) is therefore illicit. Consequently and without this list being exhaustive, any dissemination, exploitation, representation, reproduction, transmission or use in whole or in part on any medium whatsoever, of the content of the Site, for purposes other than strictly is prohibited and may result in legal proceedings involving your liability, in particular for infringement.
ART. 3: Subscription newsletter
any natural person may become a member of the newsletter, subject to being 13 years or older. Minors between the ages of 13 and 17 will be required to receive parental consent to be eligible for registration. You agree to provide true, accurate, and complete information that matches your true identity, and to maintain and update them regularly. In case of a change of coordinates, you agree to inform Thecasting.eu as soon as possible. In particular, you must ensure that your email address is permanently valid. The user can unsubscribe from the newsletter or marketing emails by following the unsubscribe links contained in each of these emails.
Thecasting.eu has access to the information contained in the mailing lists created by the users, as well as to the object and content of the emails sent to their mailing lists through the Thecasting.eu services.
This data is stored on secure servers and is subject to computer processing in order to provide the service subscribed by the user and improve the Services of Thecasting.eu.
The behavior of the recipients of these emails will be subject to analysis (monitoring of the opening rates, click Rate and bounce rate at the individual level) in order to improve its e-mailing campaigns.
Thecasting.eu agrees not to assign or rent the data contained in the distribution lists of users of its Services.
The disclosure to third parties of personal data contained in the distribution lists may only be made in the following cases: • Upon authorization by the user certifying that the holder of the personal data has himself Authorized this disclosure;
• At the request of the legally competent authorities, on judicial requisition, or in the context of legal litigation.
As the creator of the distribution list, the user is responsible for the processing of personal data contained in this list within the meaning of the Law on computers, files and freedoms.
The user guarantees to Thecasting.eu that he complies with the provisions of the law relating to computers, files and freedoms and in particular: • That the personal data contained in the file transmitted have been collected and processed in accordance Of the provisions of the aforementioned Act;
• Where appropriate, that the collection and processing have been subject to authorization by the data holder;
• It allows holders of processed data to exercise their individual right to access, modify, rectify and delete personal information concerning them;
• Ensure that the information is rectified, completed, clarified, updated or deleted where it is inaccurate, incomplete, equivocal, obsolete or where the licensees wish to prohibit the collection or use thereof, the Communication or conservation.
Thecasting.eu will destroy the file (s) containing the distribution list (s), as well as any media and copies made in connection with processing and routing operations after a maximum period of 30 days after the cessation of Contractual relations.
For information and without this list being exhaustive, sending emails to customers and prospects is subject to the following rules: • United States: Telemarketing Sales rule, Federal Telephone consumer Protection Act, Can-Spam-act.
• In France: articles L. 34-5 of the postal and electronic communications code and L. 121-34-1-1 of the consumer code.
• In Italy: Codice in materia di protezione dei dati personali
• In Spain: La Ley 34/2002, de 11 de Julio, Servicios de la Sociedad de la Información y de Comercio address and La Ley Orgánica 15/1999, 13 de diciembre, de Protección de datos de Carácter Personal
• In the United Kingdom: the Privacy and Electronic Communications (EC Directive) Regulations 2003
ART.4: Use of personal data
The personal information communicated during the registration to the newsletter on the Site and the IP addresses, shall be collected and processed in accordance with the provisions of the Law on Computers, files and freedoms. In application of the legislation in force, users have a right of access, of modification as well as of opposition for legitimate reasons to the processing of their personal data. For the exercise of these rights, users may send their requests to Thecasting.eu by postal mail to the address of the registered office or by e-mail:........ mails sent by Thecasting.eu include a link to be unsubscribed in Bottom of the mail where you can unsubscribe with a click. You can also unsubscribe by contacting us via the above contact information the personal data is intended for Thecasting.eufor use:-To access the Services;
-To allow access to all or part of the members ' Contributions, and their dissemination;
-to personalize the advertisements that may be displayed on the pages of the Site;
-To send to members general and/or commercial information concerning the Services, the Site, Thecasting.eu or other companies of the Thecasting.euGroup;
-To send the members of the commercial offers of the partners of Thecasting.eu, subject to their prior agreement;
-to comply with the applicable legislation and regulations.
The acceding user has a right of access, modification, rectification and deletion of the data concerning him. To exercise this right, the user of the website WWW.THECASTING.EU can send directly contact the following [email protected] service, or via its mobile application.
Art. 5: Prohibited uses
the use of the Thecasting.eu services resulting from the subscription of the said services is strictly personal and cannot be rented, assigned for free or expensive to a third party. In the absence of prior authorisation, the use of Thecasting.eu is limited to a single account per user.
Any use of the Services liable to damage, disable, overload the infrastructure of Thecasting.eu or networks connected to Thecasting.eu servers, or hinder the enjoyment of the service by other users is Prohibited.
Any attempt to unauthorize access to services, other accounts, computer systems or other networks connected to a Thecasting.eu server or to any of the services via piracy or any other method is prohibited.
The use of services for the purpose of selling goods or services related to illegal or fraudulent activities or encouraging its activities, and in particular, without this list being exhaustive, activities related to illegal drugs, programmes Pirates, instructions for mounting or creating bombs, grenades or other weapons, materials containing violence on children or encouraging violence is prohibited.
Any use of the Services contrary to the applicable regulations for telemarketing, e-mail marketing, anti-spam, anti-phishing, protection of personal data is prohibited.
Any use of the Services in violation of third party law is prohibited.
In case of non-compliance with this article, Thecasting.eureserves the right to immediately block the user's access to his Services and to remove all information from his account without notice and without refund or any other form of Compensation.
Thecasting.eu reserves the right to refuse or limit the service to accounts not complying with its general conditions, laws regulating communications companies or distributing unwanted communications.
The following topics are prohibited on the Thecasting.euplatform: • All forms of illegal activity
• Weight Loss
• Currency swaps, fraudulent actions and stock exchange arrangements
• Home job offers making promises like "get rich fast", financial fixtures and pyramid scheme
• Sexually explicit pornography or e-commerce
• Remedies for erectile problems
• Hiring Solicitation
• Political lists (consular, government, etc.) containing addresses of individuals who have not given their explicit consent to receive communications from an identified advertiser. Giving an email address to a consulate or embassy does not provide proof of the commitment embodied in the opt-in.
As soon as the user continues to navigate the site by connecting or using any link, he accepts our policy of using cookies.
To learn more about cookies and their impact on you and your browsing experience, visit the European Commission website: EC.EUROPA.EU/INFO/COOKIES_FR
ART. 7: Acceptance of the terms of "THECASTING.EU" SERVICES
ART. 8: Guarantees and exclusions
Access to the WWW.THECASTING.EU site, consultation and adherence to the services cannot be understood as a promise or a guarantee to find a casting offer, a job or a maximum visibility at an event. Consequently, the member is aware that THECASTING.EU cannot guarantee the follow-up to its membership, and in particular the subsequent selection of a casting.
Similarly, in its capacity as an intermediary, THECASTING.EU cannot be guarantor and responsible for the seriousness, professionalism, truthfulness announced by the directors of the proposed shootings. The member acknowledges that THECASTING.EU ensures, in the context of the provision of services related to its intermediary and connection role, a means obligation, excluding any other undertaking or guarantee.
ART. 9: Relationship between "THECASTING.EU" SERVICES and the user
By using the site, the user also declares to have received from THECASTING.EU all the information necessary to exploit it correctly.
ART. 10: Access to "THECASTING.EU" SERVICES
A. Exceptionally the site is accessible online without the obligation to open an account. It allows to submit the publication of information that will be moderated by our services and then relayed in this category. Each profile is associated with a password that will allow the author to access the change or deletion.
B. All other "THECASTING.EU" Services are available online.
C. THECASTING.EU reserves the right to validate or not apply for membership. All membership is thus controlled in the interest of the service. The user will be deemed registered once he has received by e-mail a message of confirmation of his membership in the Services "THECASTING.EU", by which he has been communicated a direct connection link for the purpose of connecting to his space Member. In the context of a membership, this confirmation can only take place after confirmation of the payment by the user of the costs of membership of the Services.
D. Access to Mobile Application Services is only possible and authorized with the user's username and password. They're strictly confidential. The user agrees not to divulge them to third parties in any form whatsoever and to use them only in a strictly personal way. Access to the Services is carried out under the sole responsibility of the user with the username and password assigned to it. Any access to the Services with such identifiers and passwords shall therefore be deemed to have been made by the user under his sole responsibility.
E. In the event of loss, theft or any fraudulent act with respect to the user, concerning his or her member's access, the latter agrees to inform THECASTING.EU as soon as possible. He will then have to justify on this occasion his identity by all means. Upon receipt of this duly substantiated written notification, THECASTING.EU will proceed to modify the username and password. During this time, the user remains responsible for the use of the Service that could be made with his username and password.
ART. 12: Pay SERVICES and methods of payment
No cost of membership dues to "THECASTING.EU" Services is requested through the adult or minor representation mandate.
THECASTING.EU does not collect or retain the user's credit card numbers; As well as with its service providers, they preserve the security, confidentiality, and integrity of the credit card numbers against any unauthorized access, use or misuse, communication or modification, throughout the duration of the membership of The user to the "THECASTING.EU" Services.
ART. 13: Commitments and responsibilities of the user
A. The user will provide various information concerning him and a part of his contact details, which he guarantees in his interest at all times the accuracy, sincerity and reliability. It is therefore up to the user to modify the information on the website itself.
B. The user undertakes not to include on the website false and/or outdated information concerning him (profile, experience, photographs and other media), as well as illegal information or infringing the rights of Third parties (reputation, privacy, right to image, intellectual property rights, etc.), morality and public order. The user guarantees in this measure THECASTING.EU
C. The user guarantees THECASTING.EU that he will only use the Services for personal, professional and legal purposes.
D. The user undertakes to guarantee, indemnify and THECASTING.EU compensation for any damages, losses, loss of profits, complaints, liability and costs which may be incurred by THECASTING.EU if the latter's liability is committed by a third party, An action or complaint from a third party following a breach of the user's rights under these general Conditions.
E. In the context of the use of the WWW.THECASTING.EUsite, the member or user expressly prohibits:
-Posting, downloading, sending, transmitting by e-mail or in any other way any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, threatening to the privacy of others, hateful, racist, or otherwise objectionable;
-View, post, download, send, transmit, any content that would be contrary to international laws in force;
-Attempt to mislead other adherents by usurping the name or the names of other persons;
-Upload, post, send, transmit by e-mail or in any other way any content which violates any patent, trademark, trade secret, intellectual property right or other proprietary rights belonging to another;
-Upload, post, send, transmit by e-mail or in any other way any unsolicited or unauthorized advertising or promotional material (including "spam", the transmission of "junk mail", chain of letters or any other form of solicitation);
-Upload, post, transmit by e-mail or in any other way any content including computer viruses or any other code, folder or program designed to interrupt, destroy or limit the functionality of any software, computer, or Telecommunication tool without this enumeration being exhaustive;
-Committing any action having a disruptive effect impeding the ability to access the WWW.THECASTING.EU site;
-Impede or disturb the service, servers, networks connected to the service, or refuse to comply with the requirements, procedures, general rules or regulations applicable to the networks connected to the site WWW.THECASTING.EU;
-Harass in any manner whatsoever another or several other adherents;
-Collect and store personal data related to the other members.
ART. 14: Commitments and responsibilities of THECASTING.EU
A. THECASTING.EU makes available to users a number of Services aimed at facilitating their professional approaches. The user is fully aware that THECASTING.EU cannot guarantee the follow-up to the registration of his profile in the database put online on the website. THECASTING.EUassumes, in the context of the provision of services, an obligation of means, to the exclusion of any other undertaking or guarantee.
B. THECASTING.EU declines all responsibility for the reliability and/or relevance of the information provided by professionals; Such information is generally put in line and disseminated under the full responsibility of the latter.
C. THECASTING.EU reserves the right to protect the contact information of its members and advertisers when it deems necessary. It also makes available to all its members a system to protect their data while reinforcing the opportunities of contact. Thus, a mobile application allowing to apply and to follow the status of its applications. An internal mail allows you to not take the risk of losing your messages.
D. Internet broadcasting: THECASTING.EU does its best to maintain operational and accessible Services, it cannot offer any guarantee as to the continuity of access to its website, particularly during maintenance operations, and Therefore declines all responsibility for any direct and/or indirect damages caused by the inability to access it even in part or that may arise from the use of the "THECASTING.EU" Services by the user.
E. Liability: THECASTING.EU's liability cannot be incurred in the event of a breach or improper execution of an order due, either by The Advertiser or the member, or by force majeure.
F. THECASTING.EU is not liable in the event of the registration of a member made on his behalf by a third person.
G. THECASTING.EU is not liable for any direct or indirect damages, such as loss of profits, losses of a chance to participate in a casting, etc. THECASTING.EU does not guarantee a minimum attendance of the site.
H. THECASTING.EU reserves the right, at any time and for any reason whatsoever, to modify or interrupt temporarily or permanently all or part of the access to the WWW.THECASTING.EU site without having to inform the member beforehand.
I.THECASTING.EU will not be liable for any direct or indirect damages related to any alteration, suspension or interruption of access to the WWW.THECASTING.EU site for any reason whatsoever.
J. In the event that the member demonstrates the existence of a gross or fraudulent fault in the head of THECASTING.EU, the injury to which the Member may apply for the remedy includes only the material damage resulting directly from the fault imputed to THECASTING.EU to the exclusion of any other damage and will not, in any event, give rise to the payment of sums. THECASTING.EU is bound only by his deceit or his gross negligence. He is not responsible for the deceit or gross negligence of his servants, constituents and as a general rule of his executing agents.
ART. 15: Intellectual property rights THECASTING.EU
Wishes to recall the following concepts;
A) Copyrights: The authors have ceded their rights of exploitation (reproduction right and right of public execution) on the images sold for any use "normally foreseeable" excluding pay net display. Any exceptional use (especially in relation to the context of publication, its magnitude...) must be specifically authorized by the author. The user commits, at all times, to respect the moral rights of the author. Ignorance of this provision involves the responsibility of the client both to the photographer and to the agency.
b) The rights of third parties: the photographs are transferred without any guarantee as to the rights and obligations arising from the use of photography, in particular with regard to the personal rights of natural persons, subject of photographs, (right to image, privacy, Possibly right to repentance or oblivion...) and the intangible rights which can be given to movable or immovable property, or even to the landscapes represented. As a result, the images are used under the sole responsibility of the customer who must ensure that all necessary rights or agreements that may be required for reproduction have been obtained.
When it exists, a copy of any model authorization will be provided by the Agency upon request of the customer. The provision of this authorization does not constitute a guarantee by the agency as to the validity of this authorisation.
(c) The right to oblivion: Every person has the right to obtain without charge the rectification of any inaccurate personal data relating to it.
Any person shall also have the right to object, for serious and legitimate reasons relating to a particular situation, to the processing of data relating to it, except where the legality of the treatment is based on the grounds referred to.
Where personal data are collected for the purposes of direct marketing, the person concerned may, free of charge and without any justification, object to the proposed processing of personal data relating to it.
In case of justified opposition, the treatment carried out by the controller can no longer be carried out on this data.
Any person shall also have the right to obtain without charge the deletion or prohibition of the use of any personal data relating to it which, in view of the purpose of the treatment, is incomplete or irrelevant or whose registration, Communication or conservation are prohibited or that has been retained beyond the permitted period.
As a result,
A. The user warrants to THECASTING.EU that he or she is the owner or concessionaire of all intellectual property rights on such items as photography, text, video, sound, image, data, etc. (hereafter referred to as "the media") that The user disseminates as part of the Services on the website. The user grants THECASTING.EU the right to broadcast and reproduce it on the website and its aliases, always in the context of the "THECASTING.EU" service.
B. THECASTING.EU grants to the user, in the strict context hereof, a personal and unassignable license to use the information and content accessible within the framework of the Service. This license of use consists of an online consultation of the content following access and the rights defined by its profile, as presented in the representation mandate.
C. The right of the database producer; The user acknowledges that the website, in particular with regard to the user database made available to the entertainment and audiovisual professionals, consists of one or more databases, of which THECASTING.EU is The producer, protected by the provisions of the intellectual property Code.
Notwithstanding the data contained in the said database which is the subject of a licence grant, THECASTING.EU is therefore entitled to avail itself of all the prerogatives of the producer of a database within the meaning of that Code. As a result, the user is forbidden:
-The extraction by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of the website to another medium, by any means and in any form whatsoever;
-The reuse, by the availability to the public of all or a qualitatively or quantitatively substantial part of the content of the website, in any form.
D. The content and presentation of the website (HTML or Flash pages, fixed or automatically generated, image files, illustrations, drawings, information, graphic charts, sounds, videos, names, brands, logos, databases, etc.) are protected by the right Copyright, trademark law or other laws relating to intellectual property. Its distinctive signs are not subject to use without the express and prior authorisation of THECASTING.EU.
The member does not acquire any right of ownership over the image, but exclusively the right to use under his sole responsibility in a strictly private use.
Any exploitation of the photos available on the site of THECASTING.EU without assignment of prior right is prohibited, with the exception of a use for the purpose of making models or preparatory works, for strictly internal use by the prospective advertiser .
The digital files used in this frame must be destroyed after internal use, and at the latest within 30 days maximum.
ART. 16: SUSPENSION of SERVICES AND MODERATION
A. In the event of non-compliance by the user with these general Conditions, THECASTING.EU reserves the right to deny him access to the "THECASTING.EU" Services and/or to suspend the broadcast of its media on the website. In this case again, if the user is suspended from his profile, he will not be able to claim the reimbursement of all or part of his membership fees.
B. THECASTING.EU reserves the right to refuse, correct and delete simply, without having to specify the reasons, the media (PHOTOS, videos, video links, sound excerpts, attached documents) and any publication that Would appear to be contrary to his moral or commercial interests. To this end, it retains a right of "moderation" on these media and on all the data of the THECASTING.EU network including internal messages.
ART. 17: FORCE MAJEURE
THECASTING.EU cannot be held liable, both contractually and uncontractually, in the event of a temporary or definitive breach of its services when such breach results from a case of force majeure or fortuitous.
will be considered as cases of force majeure or fortuitous, the following events:
1-The total or partial loss or destruction of the THECASTING.EU computer system or its database when any of these events cannot reasonably be directly imputed to THECASTING.EU and it is not shown that THECASTING.EU failed to take reasonable steps to prevent any of these events,
3-Acts of war or terrorism,
4-strikes, whether declared or not,
5-A power supply stop (such as electricity),
6-A failure of the Internet network or the data storage system,
7-A telecommunications network failure,
8-A loss of connectivity to the Internet network or to the telecommunications network on which WWW.THECASTING.EU depends,
9-any other cause beyond the reasonable control of THECASTING.EU.
ART. 18: Illegality
The possible illegality or invalidity of an article, paragraph or provision (or part of an article, paragraph or provision) shall not in any way affect the legality of the other articles, paragraphs or provisions of those General conditions, nor the remainder of this article, this paragraph or this provision, unless the contrary intention is evident in the text.
ART. 19: Securities
The securities used in these general conditions are only for reference and convenience purposes only. They do not affect the meaning or scope of the provisions they designate.
ART. 20: General Provisions
A. The user is informed that these general terms and conditions may be subject to change at any time, subject to reasonable notice. The online version on the website will prevail, if any, on any other version.
B. The user is fully informed that the services can be changed at any time.
C. If one or more provisions of these general Conditions are held for invalid or declared as such under any law, regulation or following a decision which has become final of a competent court, the other Stipulations will keep all their strength and reach.
D. The fact that either party did not require, temporarily or definitively, the application of a provision of these general Conditions shall not be construed as a waiver of the rights held by that party. Therefore, any interchange of correspondence, writings, e-mails, etc., cannot question the terms of these general Conditions.
F. THECASTING.EU advises to print or locally register a copy of these conditions for the user's archives.
G. It is up to the user to equip themselves with the necessary human and computer resources to ensure connectivity with the site. Thus, the user remains solely responsible for the human and computer resources that he deems necessary to implement this fact.
H. The present general Conditions are subject to Belgian law.
I. In the event of a dispute over the interpretation or execution of any of the stipulations of the present general CONDITIONS of use and in the absence of an amicable agreement between the parties, the courts of the judicial district of Brabant Walloon will be the only competent to debate the dispute.