Who We Are
We are the International Casting Directors Association (operating as ICDA e.V.), an association registered in Germany with registration number VR 37441 B and whose registered office is at Saarbrücker Str 24, 10405 Berlin, Germany (we, our, us, ICDA).
These Terms of Use
These terms of use (together with the documents referred to in them) (the Terms) govern your relationship with us when you access our website located at www.TheICDN.com (the Website), use any of the Website functions which are explained in more detail below (the Website Functions), and (if applicable) apply to become a member of ICDA (a Member, and Membership will be construed accordingly). If your application for Membership is successful, these Terms will also govern your Membership.
Please refer carefully to these Terms before you start to use the Website and (if applicable) any of the Website Functions and/or apply to become a Member. We recommend that you print a copy of these Terms for future reference. By using the Website, any of the Website Functions, and (if applicable) by applying to become a Member, you will be deemed to have understood and accepted these Terms, which form a binding legal agreement between you and us.
Other Applicable Terms
These Terms include the following additional terms and policies, which also apply to your use of the Website, the Website Functions, and (if applicable) your Membership:
- our Privacy Notice (the Privacy Notice), which sets out: (a) the terms on which we process any personal data we collect from you or that you provide to us; and (b) information about the use of cookies on the Website; and
- the Statutes of ICDA, which can be found here.
Changes to These Terms
We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
The Website Functions
We offer various Website Functions via the Website, including without limitation functions which allow you to:
- access news, information and articles;
- access Membership information and apply to become a Member.
The list above is not an exhaustive list of the Website Functions and we may decide to offer additional Website Functions, or stop providing any Website Functions, at any time.
Membership
To become a Member, you will need to:
- fulfil all the Membership criteria, details of which can be found here;
- complete the Membership application form (Application Form), which can be found here;
- submit the completed Application Form to us online; and
- if and when your application is approved by us in our discretion, pay the applicable membership fee (Membership Fee) in full.
You agree that you will provide truthful and accurate information when completing the Application Form.
The decision to accept an application for Membership is in our sole discretion.
Membership Fees and Payment
Current Membership Fees will appear on the relevant page(s) of the Website.
We may change the Membership Fees at any time by posting new prices on the Website, but these changes will not affect you during any then-current Membership period.
During the payment process, you will be directed to a third-party payment provider who will take your payment.
Your Use of the Website
You are responsible for making all technical arrangements necessary to access the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.
You may use the Website and the Website Functions only for lawful purposes. In particular, but without limitation, you may not use the Website or the Website Functions:
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- to send, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Website or any computer software or hardware.
You also agree:
- not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of these Terms; and
- not to access without authority, interfere with, damage or disrupt (a) any part of the Website; (b) any equipment or network on which the Website is stored; (c) any software used in the provision of the Website; or (d) any equipment or network or software owned or used by any third party.
Intellectual Property
You acknowledge that the Website and all material published on the Website including but not limited to text, graphics, photos, logos, button icons, images, trade marks, audio and audio visual clips, databases, data compilations, data and software (together the ICDA Content) is owned and controlled by or licensed exclusively to us. You may not copy, adapt, display, communicate to the public or otherwise use any ICDA Content except as enabled and permitted by the Website Functions from time to time.
You may print off one copy, and may download extracts, of any page(s) from the Website which you are authorised to access.
Availability of the Website
The Website is provided on an “as-is” basis without any warranties of any kind. We make no representations, warranties or guarantees of any kind regarding the availability or operation of the Website or that the Website will be secure, uninterrupted or free of defects.
Your access to the Website may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new facilities or services. We will always try to limit the frequency and duration of any planned disruption, but we will not be liable to you if for any reason the Website or any of the Website Functions is/are unavailable at any time or for any period.
No Reliance on Information
All content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.
Links to Other Websites
The Website may offer links to other websites from which third party services can be obtained and which we reasonably believe to be reputable sources of such services. However, you acknowledge that these other websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such third-party services, and we do not accept any responsibility for their content, safety, practices or privacy policies.
Computer Viruses
We will use reasonable endeavours to ensure that no part of the Website will contain or spread any viruses or other malicious code. However, we recommend that you ensure that computers used to access the Website run up-to-date anti-virus software as a precaution, and you are advised to virus-check any materials downloaded from the Website and regularly check for the presence of viruses and other malicious code.
To the full extent permitted by law we exclude liability for damage or loss of any kind caused by viruses or other harmful components originating or contracted from the Website.
Limitation of Liability
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
You accept and agree we shall not be liable for any harmful or other effect that (a) accessing the Website and (if applicable) any of the Website Functions, and/or (b) (if applicable) your Membership, may have on you and you agree that you access the Website and (if applicable) the Website Functions and (if applicable) apply for and conduct your Membership entirely at your own risk.
Except as expressly set out in these Terms, we make no representations, warranties or guarantees of any kind in respect of your Membership, the Website or the Website Functions, or any content available through the Website, and all conditions, warranties and representations express or implied are hereby excluded to the full extent permitted by law.
We will not be liable to you for any loss (including without limitation loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with:
- use of, or inability to use, the Website and/or any of the Website Functions;
- your Membership (if applicable); or
- use of or reliance on any content displayed on the Website.
We will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content from it, or from any website linked to it.
Termination
We may, in our sole discretion, terminate your Membership or use of the Website and/or Website Functions without notice if you are in breach of these Terms or if we believe in our absolute discretion that your Membership conduct and/or use of the Website and/or the Website Functions is unsuitable in any way. In such circumstances, you must immediately stop all activities authorised by these Terms.
Miscellaneous
If any provision or part of a provision of these Terms is held to be illegal, invalid, unenforceable or against public policy pursuant to a final adjudication by a court of competent jurisdiction, such provision will be deemed severed from these Terms and the remainder of these Terms will remain in full force and effect.
No provision of these Terms shall be enforceable solely by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to these Terms.
These Terms are governed by English law and the courts of England and Wales will have non-exclusive jurisdiction over any disputes arising in respect of or in relation to these Terms and your use of the Website and the Website Functions.