Terms & Conditions - iTalentCast



Terms & Conditions

View the terms and conditions for: Talent, Agencies or Clients


Talent Terms & Conditions (top)

  1. YOUR ACCEPTANCE OF TERMS AND CONDITIONS
    1. These terms and conditions apply to your ("you, your, the Artist") use of the iTalentCast Mobile Application (the Application) and the services provided by provided iTalentCast Pty Ltd ABN 35 549 045 959 (iTalentCast) through the iTalentCast Mobile Application. Any reference to "we", "us" and "our" in these Terms and Conditions refers to iTalentCast.
    2. By using the Application, you agree to be bound by these Terms and Conditions.
    3. These Terms & Conditions apply whenever you access the Application, regardless of how you access the Application, including but not limited to; via your internet browser, PDAs and/or mobile phones.
    4. iTalentCast may revise these Terms and Conditions from time to time by updating this posting. The revised Terms and Conditions will take effect when they are posted.
    5. If you do not agree to be bound by these Terms and Conditions, you should stop using the Application immediately.
  2. INTELLECTUAL PROPERTY ON THE APPLICATION
    1. All intellectual property in relation to content on the Application belongs to iTalentCast or its licensors, advertisers or affiliates.
    2. iTalentCast retains all right, title, and interest in and to the Application and all related content developed for the Application, and nothing you do on or in relation to the Application, or any of the related content will transfer any intellectual property rights to you, or license to you any intellectual property rights in and to the Application, unless expressly stated.
    3. Unless expressly stated otherwise, all iTalentCast logos, trade marks, mastheads, images, text or related content published on the Application are owned by iTalentCast. Other trademarks may be displayed on the Application from time to time. These may belong to third parties including any casting agency or employer who registers (the Registered Company) with the Application and whom may post job opportunities available for the Artist. Nothing displayed on the Application should be construed as granting any license or right of use of any logo, trademark or masthead displayed on the Application, without the express permission of the relevant owner.
    4. You agree not to do anything which interferes with or breaches the intellectual property rights in the content. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble, attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any content on the Application.
    5. You may download and view content or print a copy of material on the Application for personal, non-commercial use, provided that you do not modify the content in any way (including any copyright notice).
    6. Except as granted under these Terms and Conditions, permission to reprint or electronically reproduce the Application, or any related content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us at info@italentcast.net if you wish to obtain such consent.
  3. REGISTRATION AND SUBSCRIPTION TERMS
    1. You will be required to register to subscribe (the Subscription) with iTalentCast in order to gain full access to the Application, including access to audition information posted on the Application (the Job/s), contacting any Registered Company, or to make use of any other services that may be offered on the Application now in or in the future.
    2. You acknowledge that a subscription fee (the Subscription Fee) is payable to iTalentCast pursuant to the payment terms set out in Clause 7.
    3. Payment of the Subscription Fee will grant you full access to the Application for a fixed term from the date that the Subscription Fee is processed (the Registration Date) and expiring exactly one (1) year from the Registration Date (the Subscription Period).
    4. You will agree and acknowledge that:
      1. you must provide us with accurate, complete and updated registration information;
      2. you must be represented by a reputable and/or established talent agency and/or have sufficient references to verify your experience within the entertainment industry;
      3. you must safeguard any user name and password which we provide to you;
      4. if you are under the age of 16, you must obtain the prior permission of a parent or guardian over the age of 18 to register, and you must nominate that parent or guardian as the primary contact and provide an accurate phone number and/or email address for that nominated parent or guardian;
      5. you agree to immediately notify iTalentCast of any unauthorized use of your password or account or any other breach of security;
      6. you authorise us to assume that any person using the Application or submitting an Audition with your user name and/or password is you and solely you;
      7. where your user name and/or password is specific to you, you must not allow anyone else to use your username and/or password;
      8. you agree to immediately notify us of any unauthorised use of your user name and/or password or any breach of security of which you become aware.
    5. Payment of the Subscription Fee will be processed at the time of submission of the payment details and registration information by you.
    6. iTalentCast reserves the right to discontinue or cancel your Subscription, at our sole discretion and without notice including but not limited to the following reasons:
      1. failure to access the Application for an extended period of time; or
      2. breach of any applicable law or breach of any of the Terms and Conditions set out including any breach of Clause 4 herein.; or
      3. where we conclude that your conduct impacts on our name or reputation; or
      4. where we conclude that your conduct violates our rights or those of another party.
    7. You may cancel the Subscription at any time during the Subscription Period.
    8. You acknowledge that except as set out by Clause 3.7, no refund will be provided by iTalentCast for any cancellation of the Subscription including any cancellation as set out by Clauses 3.9 and 3.10.
    9. You will be notified iTalentCast thirty (30) days from the expiry of the Subscription Period. At the end of the Subscription Period, you may contact iTalentCast at info@italentcast.net to renew your Subscription.
  4. USE OF THE APPLICATION
    1. As a registered Artist, the Application will provide you with information and the opportunity to search for Jobs posted by Registered Companies, record and submit Auditions using the recording features of the Application, and/or interact with Registered Companies from time to time.
    2. The Application may thus contain material or content uploaded, posted, or otherwise electronically transmitted by any Registered Company or Artist, including you (User Content).
    3. By using and accessing the Application, you agree that you acknowledge that you are solely responsible for any User Content submitted by you, including without limitation, any submitted audition (the Audition) as a formal submission to any Job posted by a Registered Company, and submitted in any form, media or technology, including but not limited to audio recordings, video recordings, photos, texts, documents, graphic images or other information.
    4. By using and accessing the Application, you agree that you will not do any of the following:
      1. submit, communicate or transmit any unlawful, criminal, threatening, abusive, defamatory, libelous, contemptuous, obscene, vulgar, pornographic, profane or indecent User Content;
      2. submit, communicate or transmit content which violates or infringes the rights of any other person or party or infringes any law;
      3. stalk, harass, or otherwise harm others;
      4. inhibit or restrict any other user from using the Application;
      5. submit, communicate or transmit or use any material of any kind for commercial purposes, or which contains any promotional material or advertising, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or unsolicited mass distribution of email;
      6. submit any User Content that contains a survey, contest, pyramid scheme or any improper question;
      7. delete, circumvent or alter any author attribution, legal notices, rights management information or technological protection measures;
      8. interfere with any technology or computer systems which support the Application; overload a service; engage in a denial-of-service attack; or attempt to disable a host;
      9. submit, communicate or transmit any file which contains viruses, worms, "Trojan horses" or any other harmful, contaminating or destructive features;
      10. access or attempt to access information resources you are not authorized to use;
      11. impersonate or falsely represent your association with any person or organization; or
      12. attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Application.
    5. In order to protect our Registered Companies from commercial advertising or solicitation, iTalentCast reserves the right:
      1. to access or examine any User Content or submitted Audition; and
      2. pursuant to Clause 4.4 above, at our discretion, remove or prevent delivery of any User Content including Auditions to a Registered Company, which we consider, in our sole opinion, to be unacceptable or otherwise breach any law and disable the Artist's access;
      3. to restrict the number of Auditions made for a Job by a sole User to one audition per job, in order to protect our Registered Companies from commercial advertising or solicitation.
    6. Unless otherwise stated, you may only submit one Audition per Job. Any subsequent Auditions received by you by the Registered Companies will be ineligible and shall not be considered in the casting process.
    7. You acknowledge that iTalentCast has no responsibility or liability for the deletion or failure to store any communications, Auditions, or other User Content submitted through the Application.
    8. You acknowledge that iTalentCast may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any part or all of the Application and you agree we are not liable to you or any third party for such variation, modification or discontinuance.
  5. USER LICENSE AND CONSENT
    1. You represent and warrant that you are the only copyright holder of all User Content including any Audition, and you are not infringing any third parties copyright and all User Content posted is not confidential.
    2. You represent and warrant that you will not use the Application for any purpose that is unlawful or prohibited by these Terms and Conditions.
    3. Pursuant to the Awards set out by the Australian Media Entertainment and Arts Alliance (MEAA) you acknowledge that as a condition of using the Application, including all Auditions submitted via the Application, shall be treated as a first Audition only, and shall not be considered a paid booking, paid submission, second interview, second screentest or otherwise. For the avoidance of doubt, unless otherwise expressly agreed in writing by iTalentCast or the Registered Company, you shall not be entitled to any fee, or other payment for any Audition or all other User Content submitted by you via the Application.
    4. You warrant that all User Content posted by you is owned by you and our use of such User Content, does not infringe or violate intellectual property rights or any other rights of anyone else. You license us to use, modify, adapt, publish, display, sublicense, create derivative works from and incorporate in other works any User Content Posted by you, at any time in the future in any form and for any purpose and warrant that you have the right to grant this license.
    5. You indemnify iTalentCast against any and all legal fees, damages and other expenses that may be incurred by iTalentCast as a result of a breach of the above warranties.
    6. To the fullest extent of the law, you waive any moral rights in your User Content for the purposes of its submission through the Application.
  6. CONFIDENTIALITY
    1. You acknowledge that the details of each and every Job advertised by a Registered Company are considered confidential, and your registration with the Application will grant you full access to information posted by a Registered Company which may include details of new and existing products, new and existing technologies, new and existing services, new and existing inventions, business affairs, marketing and promotional information, information relating to the clients engaging the Registered Company, and all other information relating to iTalentCast, the Registered Company, and/or the third party client who has engaged the Registered Company to advertise the Job, and shall further include any materials posted as guidelines for an Audition such as scripts, lyrics and actions (the Confidential Materials).
    2. You hereby agree that as a condition of maintaining your registration with iTalentCast and receiving full access to the Application that you will:
      1. maintain the confidence of the Confidential Materials by using the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized use, dissemination or publication of the Confidential Materials as you use to protect your own confidential information of a like nature;
      2. not use the Confidential Materials for any purpose other than for preparing and submitting the Audition through iTalentCast
      3. not, for whatever reason appropriate, copy, memorise or in any manner reproduce any of the Confidential Materials; and
      4. to immediately notify iTalentCast upon discovery of any loss or unauthorised disclosure of the Confidential Materials.
    3. In the event of a breach of this Clause 6, at our sole discretion, iTalentCast reserves the right to cancel your registration immediately without notice.
    4. You acknowledge that a breach of this Clause may cause irreparable damage and you hereby agree that iTalentCast shall be entitled to seek injunctive relief, as well as such further relief as may be granted by a court of competent jurisdiction.
  7. PAYMENT TERMS
    1. You will pay iTalentCast the Subscription Fee in accordance with the rates and charges set out by iTalentCast (which may be varied at any time iTalentCast without notice).
    2. iTalentCast will charge your selected payment method - Visa/Mastercard/Amex, at the time of submission of your registration and payment details to iTalentCast.
    3. The Subscription Fee is quoted exclusive of GST and you must pay GST at the same time when you pay for the Subscription. If applicable, iTalentCast will issue a valid tax invoice.
    4. You acknowledge that except as set out by Clause 3.7, no refund will be provided by the iTalentCast for any cancellation of the Subscription including any cancellation as set out by Clauses 3.9 and 3.10.
    5. Subscriptions are not renewed automatically. You will be notified by iTalentCast thirty (30) days from the expiry of the Subscription Period. At the end of the Subscription Period, you may iTalentCast at info@italentcast.net to renew your Subscription and verify your payment method.
  8. THIRD PARTY CONTENT
    1. The Application may include links to third party sites which are not related to iTalentCast and in relation to which iTalentCast has no control or interest. The appearance of those links on this site does not indicate any relationship between iTalentCast and that third party or any endorsement by iTalentCast of that third party, its site or the products or services which it is advertising on the Application.
    2. iTalentCast is not responsible for the content or accuracy of any off-site pages or any other sites linked to the site (including without limitation sites linked through advertisements). The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk.
    3. The Application may include third party content which is subject to that third party's terms and conditions of use. Nothing on this Application should be construed as granting any license or right for you to use that content.
  9. LIABILITY & INDEMNITY
    1. The Application acts as, among other things:
      1. a service for Registered Companies to post job opportunities and search for and evaluate suitable Artists or other voice-over talent; and
      2. a service for suitable Artists to search for job opportunities, record suitable Auditions and submit them through the Application.
    2. iTalentCast is not involved in the actual transaction between Registered Companies and candidate Artists. As a result iTalentCast takes no responsibility for the quality, safety or legality of the Jobs, or the accuracy, truthfulness or reliability of the Job information supplied by a Registered Company on the Application. The content is provided to you "as is" and on an "as available" basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk.
    3. All content on the Application may be changed at iTalentCast's sole discretion and without notice.
    4. iTalentCast will not be liable for any loss or damage resulting from any third party commercial use of any Audition submitted by you and received by a Registered Company.
    5. iTalentCast will not be liable for any loss or damage whatsoever which is suffered or for personal injury suffered or sustained as a result of submitting an Audition.
    6. iTalentCast and its associated agencies and companies will not be liable for any misadventure, accident, injury, loss (including but not limited to consequential loss) or claim that may recording or submission or Audition, or as a consequence of late, lost or an undelivered submission.
    7. You agree to defend, indemnify and hold harmless iTalentCast, our officers, directors, employees, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities, third party disputes and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Application, or resulting from, or alleged to result from, your use of the Application, a breach of your representations and warranties or your violation of any of these Terms and Conditions.
    8. iTalentCast does not warrant that functions contained in the Application content, such as links, or the recording function will be uninterrupted or error free, or that defects will be corrected or that iTalentCast or our hosting server, are free of viruses or bugs.
    9. iTalentCast is not responsible for any problems or technical malfunctions of any telephone network, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the internet or at any website, or any combination thereof.
  10. PRIVACY POLICY
    1. In using the Application, you may give us personal information in which you have certain rights including your name, email address, age, occupation, address, telephone number or in some instances, financial details.
    2. By using the Application, you grant us consent to use your personal information for the purposes of supplying a Registered Company with your contact details should your Audition secure you a formal job and you acknowledge that our privacy policy forms part of these Terms and Conditions.
    3. You may request access to the personal information that iTalentCast holds about you by contact
  11. GENERAL
    1. These Terms and Conditions constitute the entire agreement between us and you in relation to the Application and your use of the Application supersedes all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Application.
    2. The provisions of these Terms and Conditions which by their nature survive termination or expiry of these Terms and Conditions, will survive cancellation of your registration or access to the Application
    3. These Terms and Conditions are governed by the laws of the State of Victoria, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria.

Agency Terms & Conditions (top)

  1. YOUR ACCEPTANCE OF TERMS AND CONDITIONS
    1. These terms and conditions apply to your ("you, your, the Talent Agency") use of the iTalentCast Mobile Application (the Application) and the services provided by provided by iTalentCast Pty Ltd ABN 35 549 045 959(iTalentCast) through the iTalentCast Mobile Application. Any reference to "we", "us" and "our" in these Terms and Conditions refers to iTalentCast.
    2. By using the Application, you agree to be bound by these Terms and Conditions.
    3. These Terms & Conditions apply whenever you access the Application, regardless of how you access the Application, including but not limited to; via your internet browser, PDAs and/or mobile phones.
    4. iTalentCast may revise these Terms and Conditions from time to time by updating this posting. The revised Terms and Conditions will take effect when they are posted.
    5. If you do not agree to be bound by these Terms and Conditions, you should stop using the Application immediately.
  2. INTELLECTUAL PROPERTY ON THE APPLICATION
    1. All intellectual property in relation to content on the Application belongs to iTalentCast or its licensors, advertisers or affiliates.
    2. iTalentCast retains all right, title, and interest in and to the Application and all related content developed for the Application, and nothing you do on or in relation to the Application, or any of the related content will transfer any intellectual property rights to you, or license to you any intellectual property rights in and to the Application, unless expressly stated.
    3. Unless expressly stated otherwise, all iTalentCast logos, trade marks, mastheads, images, text or related content published on the Application are owned by iTalentCast. Other trademarks may be displayed on the Application from time to time. These may belong to third parties including any casting agency or employer who registers (the Registered Company) with the Application and whom may post job opportunities available for the Talent Agency. Nothing displayed on the Application should be construed as granting any license or right of use of any logo, trademark or masthead displayed on the Application, without the express permission of the relevant owner.
    4. You agree not to do anything which interferes with or breaches the intellectual property rights in the content. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble, attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any content on the Application.
    5. You may download and view content or print a copy of material on the Application for personal, non-commercial use, provided that you do not modify the content in any way (including any copyright notice).
    6. Except as granted under these Terms and Conditions, permission to reprint or electronically reproduce the Application, or any related content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us at info@italentcast.net if you wish to obtain such consent.
  3. REGISTRATION
    1. You will be required to register with iTalentCast in order to gain full access to the Application, including access to audition information posted on the Application (the Job/s), contacting any Registered Company, or to make use of any other services that may be offered on the Application now in or in the future.
    2. Registration is free and you will agree and acknowledge that:
      1. you must provide us with accurate, complete and updated registration information;
      2. you must safeguard any user name and password which we provide to you;
      3. you agree to immediately notify iTalentCast of any unauthorized use of your password or account or any other breach of security;
      4. you authorise us to assume that any person using the Application or submitting an Audition with your user name and/or password is you and solely you;
      5. where your user name and/or password is specific to you, you must not allow anyone else to use your username and/or password;
      6. you agree to immediately notify us of any unauthorised use of your user name and/or password or any breach of security of which you become aware;
      7. you may cancel your registration at any time by notifying us in writing;
      8. iTalentCast reserves the right to screen all potential registrations in order to maintain quality of the Application and may contact you by telephone or email to verify that your registration information is accurate and correct before authorizing full access to Jobs and other services available on the Application;
      9. iTalentCast reserves the right to discontinue or cancel your registration, at our sole discretion and without notice including but not limited to the following reasons:
        1. failure to access the Application for an extended period of time; or
        2. breach of any applicable law or breach of any of the Terms and Conditions set out including any breach of Clause 4 herein.; or
        3. where we conclude that your conduct impacts on our name or reputation; or
        4. where we conclude that your conduct violates our rights or those of another party.
  4. USE OF THE APPLICATION
    1. As a registered Talent Agency, the Application will provide you with information and the opportunity to search for Jobs posted by Registered Companies, record and submit Auditions using the recording features of the Application, and/or interact with Registered Companies from time to time.
    2. The Application may thus contain material or content uploaded, posted, or otherwise electronically transmitted by any Registered Company or Talent Agency, including you (User Content).
    3. By using and accessing the Application, you agree that you acknowledge that you are solely responsible for any User Content submitted by you, including without limitation, any submitted audition (the Audition) as a formal submission to any Job posted by a Registered Company, and submitted in any form, media or technology, including but not limited to audio recordings, video recordings, photos, texts, documents, graphic images or other information.
    4. By using and accessing the Application, you agree that you will not do any of the following:
      1. submit, communicate or transmit any unlawful, criminal, threatening, abusive, defamatory, libelous, contemptuous, obscene, vulgar, pornographic, profane or indecent User Content;
      2. submit, communicate or transmit content which violates or infringes the rights of any other person or party or infringes any law;
      3. stalk, harass, or otherwise harm others;
      4. inhibit or restrict any other user from using the Application;
      5. submit, communicate or transmit or use any material of any kind for commercial purposes, or which contains any promotional material or advertising, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or unsolicited mass distribution of email;
      6. submit any User Content that contains a survey, contest, pyramid scheme or any improper question;
      7. delete, circumvent or alter any author attribution, legal notices, rights management information or technological protection measures;
      8. interfere with any technology or computer systems which support the Application; overload a service; engage in a denial-of-service attack; or attempt to disable a host;
      9. submit, communicate or transmit any file which contains viruses, worms, "Trojan horses" or any other harmful, contaminating or destructive features;
      10. access or attempt to access information resources you are not authorized to use;
      11. impersonate or falsely represent your association with any person or organization; or
      12. attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Application.
    5. In order to protect our Registered Companies from commercial advertising or solicitation, iTalentCast reserves the right:
      1. to access or examine any User Content or submitted Audition; and
      2. pursuant to Clause 4.4 above, at our discretion, remove or prevent delivery of any User Content including Auditions to a Registered Company, which we consider, in our sole opinion, to be unacceptable or otherwise breach any law and disable the Talent Agency's access;
      3. to restrict the number of Auditions made for a Job by a sole User to one audition per job, in order to protect our Registered Companies from commercial advertising or solicitation.
    6. Unless otherwise stated, you may only submit one Audition per Job. Any subsequent Auditions received by you by the Registered Companies will be ineligible and shall not be considered in the casting process.
    7. You acknowledge that iTalentCast has no responsibility or liability for the deletion or failure to store any communications, Auditions, or other User Content submitted through the Application.
    8. You acknowledge that iTalentCast may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any part or all of the Application and you agree we are not liable to you or any third party for such variation, modification or discontinuance.
  5. USER LICENSE AND CONSENT
    1. You acknowledge that posting or submitting an Audition or any other User Content to the Application in any format, including, photographs, graphics, video or audio, constitutes the grant of a non-exclusive, royalty-free, perpetual license to iTalentCast to publish that content.
    2. You agree that iTalentCast may use your Audition or other User Content in any way, now and in the future and you not be entitled to any fee for such use. iTalentCast also reserves the right not to use any User Content or Audition that you submit.
    3. You represent and warrant that you are the only copyright holder of all User Content including any Audition, and you are not infringing any third parties copyright and all User Content posted is not confidential.
    4. You represent and warrant that you will not use the Application for any purpose that is unlawful or prohibited by these Terms and Conditions.
    5. Pursuant to the Awards set out by the Australian Media Entertainment and Arts Alliance (MEAA) you acknowledge that as a condition of using the Application, including all Auditions submitted via the Application, shall be treated as a first Audition only, and shall not be considered a paid booking, paid submission, second interview, second screentest or otherwise. For the avoidance of doubt, unless otherwise expressly agreed in writing by iTalentCast or the Registered Company, you shall not be entitled to any fee, or other payment for any Audition or all other User Content submitted by you via the Application.
    6. You warrant that all User Content posted by you is owned by you and our use of such User Content, does not infringe or violate intellectual property rights or any other rights of anyone else. You license us to use, modify, adapt, publish, display, sublicense, create derivative works from and incorporate in other works any User Content Posted by you, at any time in the future in any form and for any purpose and warrant that you have the right to grant this license.
    7. You indemnify iTalentCast against any and all legal fees, damages and other expenses that may be incurred by iTalentCast as a result of a breach of the above warranties.
    8. To the fullest extent of the law, you waive any moral rights in your User Content for the purposes of its submission through the Application.
  6. CONFIDENTIALITY
    1. You acknowledge that the details of each and every Job advertised by a Registered Company are considered confidential, and your registration with the Application will grant you full access to information posted by a Registered Company which may include details of new and existing products, new and existing technologies, new and existing services, new and existing inventions, business affairs, marketing and promotional information, information relating to the clients engaging the Registered Company, and all other information relating to iTalentCast, the Registered Company, and/or the third party client who has engaged the Registered Company to advertise the Job, and shall further include any materials posted as guidelines for an Audition such as scripts, lyrics and actions (the Confidential Materials).
    2. You hereby agree that as a condition of maintaining your registration with iTalentCast and receiving full access to the Application that you will:
      1. maintain the confidence of the Confidential Materials by using the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized use, dissemination or publication of the Confidential Materials as you use to protect your own confidential information of a like nature;
      2. not use the Confidential Materials for any purpose other than for preparing and submitting the Audition through iTalentCast
      3. not, for whatever reason appropriate, copy, memorise or in any manner reproduce any of the Confidential Materials; and
      4. to immediately notify iTalentCast upon discovery of any loss or unauthorised disclosure of the Confidential Materials.
    3. In the event of a breach of this Clause 6, at our sole discretion, iTalentCast reserves the right to cancel your registration immediately without notice.
    4. You acknowledge that a breach of this Clause may cause irreparable damage and you hereby agree that iTalentCast shall be entitled to seek injunctive relief, as well as such further relief as may be granted by a court of competent jurisdiction.
  7. THIRD PARTY CONTENT
    1. The Application may include links to third party sites which are not related to iTalentCast and in relation to which iTalentCast has no control or interest. The appearance of those links on this site does not indicate any relationship between iTalentCast and that third party or any endorsement by iTalentCast of that third party, its site or the products or services which it is advertising on the Application.
    2. iTalentCast is not responsible for the content or accuracy of any off-site pages or any other sites linked to the site (including without limitation sites linked through advertisements). The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk.
    3. The Application may include third party content which is subject to that third party's terms and conditions of use. Nothing on this Application should be construed as granting any license or right for you to use that content.
  8. LIABILITY & INDEMNITY
    1. The Application acts as, among other things:
      1. a service for Registered Companies to post job opportunities and search for and evaluate suitable artists or other voice-over talent; and
      2. a service for Talent Agencies to search for job opportunities on behalf of their artists, record suitable Auditions and submit them through the Application.
    2. iTalentCast is not involved in the actual transaction between Registered Companies and the Talent Agency and their candidate artists. As a result iTalentCast takes no responsibility for the quality, safety or legality of the Jobs, or the accuracy, truthfulness or reliability of the Job information supplied by a Registered Company on the Application. The content is provided to you "as is" and on an "as available" basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk.
    3. All content on the Application may be changed at iTalentCast's sole discretion and without notice.
    4. iTalentCast will not be liable for any loss or damage resulting from any third party commercial use of any Audition submitted by you and received by a Registered Company.
    5. iTalentCast will not be liable for any loss or damage whatsoever which is suffered or for personal injury suffered or sustained as a result of submitting an Audition.
    6. iTalentCast and its associated agencies and companies will not be liable for any misadventure, accident, injury, loss (including but not limited to consequential loss) or claim that may recording or submission or Audition, or as a consequence of late, lost or an undelivered submission.
    7. You agree to defend, indemnify and hold harmless iTalentCast, our officers, directors, employees, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities, third party disputes and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Application, or resulting from, or alleged to result from, your use of the Application, a breach of your representations and warranties or your violation of any of these Terms and Conditions.
    8. iTalentCast does not warrant that functions contained in the Application content, such as links, or the recording function will be uninterrupted or error free, or that defects will be corrected or that iTalentCast or our hosting server, are free of viruses or bugs.
    9. iTalentCast is not responsible for any problems or technical malfunctions of any telephone network, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the internet or at any website, or any combination thereof.
  9. PRIVACY POLICY
    1. In using the Application, you may give us personal information in which you have certain rights including your name, email address, age, occupation, address, telephone number or in some instances, financial details.
    2. By using the Application, you grant us consent to use your personal information for the purposes of supplying a Registered Company with your contact details should your Audition secure you a formal job and you acknowledge that our privacy policy forms part of these Terms and Conditions
    3. You may request access to the personal information that iTalentCast holds about you by contact
  10. GENERAL
    1. These Terms and Conditions constitute the entire agreement between us and you in relation to the Application and your use of the Application supersedes all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Application.
    2. The provisions of these Terms and Conditions which by their nature survive termination or expiry of these Terms and Conditions, will survive cancellation of your registration or access to the Application
    3. These Terms and Conditions are governed by the laws of the State of Victoria, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria.

Client Terms & Conditions (top)

  1. YOUR ACCEPTANCE OF TERMS AND CONDITIONS
    1. These terms and conditions apply to your ("you, your, the Company, the Client") use of the iTalentCast Mobile Application (the Application) and the services provided by iTalentCast Pty Ltd ABN 35 549 045 959 (the iTalentCast) through the iTalentCast Website (the Website). Any reference to "we", "us" and "our" in these Terms and Conditions refers to iTalentCast.
    2. By using the Application and the Website (collectively the Digital Platforms), you agree to be bound by these Terms and Conditions.
    3. These Terms & Conditions apply whenever you access the Digital Platforms, regardless of how you access the Digital Platforms, including but not limited to: via your internet browser, PDAs and/or mobile phones.
    4. iTalentCast may revise these Terms and Conditions from time to time by updating this posting. The revised Terms and Conditions will take effect when they are posted.
    5. If you do not agree to be bound by these Terms and Conditions, you should stop using the Application immediately.
  2. INTELLECTUAL PROPERTY ON THE APPLICATION
    1. All intellectual property in relation to content on the Application belongs to iTalentCast or its licensors, advertisers or affiliates.
    2. iTalentCast retains all right, title, and interest in and to the Digital Platforms and all related content developed for the Digital Platforms and nothing you do on or in relation to the Digital Platforms, or any of the related content will transfer any intellectual property rights to you, or license to you any intellectual property rights in and to the Digital Platforms, unless expressly stated.
    3. Unless expressly stated otherwise, all iTalentCast logos, trade marks, mastheads, images, text or related content published on the Digital Platforms are owned by iTalentCast. Other trademarks may be displayed on the Digital Platforms from time to time. These may belong to third parties including any other casting agency or employer who registers with iTalentCast and whom may post job opportunities available. Nothing displayed on the Digital Platforms should be construed as granting any license or right of use of any logo, trademark or masthead, without the express permission of the relevant owner.
    4. You agree not to do anything which interferes with or breaches the intellectual property rights in the content. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble, attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any content on the Digital Platforms.
    5. You may download and view content or print a copy of material on the Digital Platforms for personal, non-commercial use, provided that you do not modify the content in any way (including any copyright notice).
    6. Except as granted under these Terms and Conditions, permission to reprint or electronically reproduce the Application or the Website, or any related content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us at info@italentcast.net if you wish to obtain such consent.
  3. REGISTRATION AND SUBSCRIPTION
    1. You will be required to register to subscribe (the Subscription) with iTalentCast in order to gain full access to the Digital Platforms, including the right to post job advertisements on the Digital Platforms (the Advertisement/s), receive and contact any potential applicant (the Artist) who provides a recorded submission as an audition for the advertised job (the Audition), or to make use of any other services that may be offered through the Digital Platforms now in or in the future.
    2. The Company acknowledges that a subscription fee (the Subscription Fee) is payable to iTalentCast pursuant to the payment terms set out in Clause 6.
    3. Payment of the Subscription Fee will grant the Company full access to the Digital Platforms. for a fixed term from (the Registration Date) and expiring exactly one (1) year from the Registration Date (the Subscription Period).
    4. The Company and its employees agree and acknowledge that:
      1. the Company must provide us with accurate, complete and updated registration information including an authorized individual who shall be the main point of contact between the Company and the iTalentCast;
      2. the Company must have a registered ABN and/or be a registered business or company;
      3. the Subscription must be safeguarded including any user name and password which we provide to you;
      4. you agree to immediately notify iTalentCast of any unauthorized use of the Subscription or any other breach of security; and
      5. you authorise us to assume that any person using the Digital Platforms or submitting an Advertisement with the Subscription is you or an authorized employee of the Company;
    5. Payment of the Subscription Fee will be processed at the time of submission of the payment details and registration information by the Company.
    6. The Company will gain full access to the Digital Platforms upon verification by iTalentCast of the Company's registration as set out by Clause 3.7.
    7. iTalentCast reserves the right to screen all potential registrations in order to maintain quality of the Digital Platforms and iTalentCast may promptly contact the appointed Company representative by telephone or email to verify that registration information is accurate and correct.
    8. At the time of verification as set out in Clause 3.7, iTalentCast reserves the right to deny and refuse the Subscription if the Company is not considered a reputable and/or established business or sufficient details have not been provided. If the Subscription Fee has been paid and processed by iTalentCast, and iTalentCast has rejected the registration pursuant to this Clause 3.8, iTalentCast will issue a full refund to the Company.
    9. iTalentCast reserves the right to discontinue or cancel a Subscription, at our sole discretion and without notice including but not limited to the following reasons:
      1. failure to pay for the Subscription Fee in accordance with Clause 6 herein;
      2. expiry of the Subscription Period; or
      3. breach of any applicable law or breach of any of the Terms and Conditions set out including any breach of Clause 4 herein. or
      4. where we conclude that Company conduct impacts on our name or reputation; or
      5. where we conclude that Company conduct violates our rights or those of another party.
    10. The Company may cancel the Subscription at any time during the Subscription Period.
    11. The Company acknowledges that except as set out by Clause 3.7, no refund will be provided by the iTalentCast for any cancellation of the Subscription including any cancellation as set out by Clauses 3.9 and 3.10.
    12. You will be notified by iTalentCast thirty (30) days from the expiry of the Subscription Period. At the end of the Subscription Period, you may contact iTalentCast at info@italentcast.net to renew your Subscription.
  4. CONDITIONS OF USE
    1. As a registered member you will have full access to the Digital Platforms and the opportunity to post Advertisements, receive Auditions and/or interact with Artists from time to time.
    2. The Digital Platforms may thus contain material or content uploaded, posted including Advertisements, or otherwise electronically transmitted by any Company or Artist (User Content).
    3. By using and accessing the Digital Platforms, you agree that you will not do any of the following:
      1. submit, communicate or transmit any unlawful, criminal, threatening, abusive, defamatory, libelous, contemptuous, obscene, vulgar, pornographic, profane or indecent User Content;
      2. submit, communicate or transmit content which violates or infringes the rights of any other person or party or infringes any law;
      3. stalk, harass, or otherwise harm others;
      4. inhibit or restrict any other user from using the Digital Platforms;
      5. submit, communicate or transmit or use any material of any kind for commercial purposes, or which contains any promotional material or advertising, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or unsolicited mass distribution of email;
      6. submit any User Content that contains a survey, contest, pyramid scheme or any improper question;
      7. delete, circumvent or alter any author attribution, legal notices, rights management information or technological protection measures;
      8. interfere with any technology or computer systems which support the Digital Platforms; overload a service; engage in a denial-of-service attack; or attempt to disable a host;
      9. submit, communicate or transmit any file which contains viruses, worms, "Trojan horses" or any other harmful, contaminating or destructive features;
      10. access or attempt to access information resources you are not authorized to use;
      11. impersonate or falsely represent your association with any person or organization; or
      12. attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Application or the Website.
    4. In order to ensure the quality of jobs advertised on the Digital Platforms, you acknowledge that any Advertisement posted shall not contain:
      1. any hyperlinks to third party sites except for the purposes of briefing the Artist as to the nature of the job;
      2. the names or trademarks of unaffiliated companies;
      3. more than one job or job description, or more than one job category, unless required by the third party client of the Company and approved by iTalentCast;
      4. inaccurate, false, or misleading information;
      5. any unlawful discrimination;
      6. Advertisements that seek to exploit people in a sexual, violent or other manner, or solicit personal information from Artists under the age of 18;
    5. Unless expressly permitted in writing by iTalentCast, the Company may not use the Digital Platforms to:
      1. post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labour and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
      2. post jobs that requires Australian citizenship or lawful permanent residence in Australia as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
      3. post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
      4. post jobs or other advertisements for competitors of iTalentCast or post jobs or other content that contains links to any site competitive with iTalentCast;
      5. sell, promote or advertise products or services;
      6. post any opportunity that requires an upfront or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
      7. promote any opportunity that does not represent bona fide employment;
      8. post jobs of a purely sexual nature;
      9. post jobs endorsing a particular political party, political agenda, political position or issue;
      10. post jobs endorsing a particular religion or religious agenda;
      11. except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her:
        1. racial or ethnic origin
        2. political beliefs
        3. philosophical or religious beliefs
        4. membership of a trade union
        5. physical or mental health
        6. sexual life
        7. the commission of criminal offences or proceedings or
        8. age.
    6. iTalentCast reserves the right:
      1. to access or examine any Advertisement;
      2. pursuant to Clause 4.3 and 4.4 above, at our discretion, remove or prevent delivery of any Advertisement, which we consider, in our sole opinion, to be unacceptable or otherwise breach any law and disable or terminate the Company's access to the Digital Platforms; or
      3. from time to time, at our discretion, delete archived Advertisements or other User Content that is stored in our database for over ninety (90) days. If you require copies of any archived content posted, please contact iTalentCast at info@italentcast.net
    7. You acknowledge that iTalentCast has no responsibility or liability for the deletion or failure to store any communications, Advertisements, or other User Content submitted through the Digital Platforms.
    8. You acknowledge that iTalentCast may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any part or all of the Digital Platforms and you agree we are not liable to you or any third party for such variation, modification or discontinuance.
  5. USER LICENSE, CONSENT AND WARRANTIES
    1. You acknowledge that posting or submitting an Advertisement or any other User Content to the Application in any format, including, photographs, graphics, video or audio, constitutes the grant of a non-exclusive, royalty-free, perpetual license to iTalentCast to publish, use, display and modify that content for the purposes of hosting the Advertisement in a suitable format on the Digital Platforms and you warrant that you have the right to grant this license.
    2. You agree that iTalentCast may use the Advertisement or other User Content in any way, now and in the future. iTalentCast also reserves the right not to use or post any User Content or Advertisement that you submit.
    3. You agree that you will not use any Audition received in response to an Advertisement, for commercial purposes without the express consent of the owner of the Audition.
    4. You represent and warrant that you are the only copyright holder of all User Content including any Advertisement, and you are not infringing any third party copyright and all User Content posted is not confidential.
    5. Pursuant to Clause 4.5(a) you represent and warrant that User Content and any Advertisements posted by you and published by iTalentCast does not breach or infringe any Australian laws, regulations, by-laws, ordinances and codes of conduct including but not limited to the Trade Practices Act (Cth), Fair Trading Acts or equivalent legislation in all applicable States and Territories, or the Privacy Act 1988 (Cth) including the National Privacy Principles.
    6. You represent and warrant that you will not use the Digital Platforms for any other purpose that is unlawful or prohibited by these Terms and Conditions.
    7. You indemnify iTalentCast against any and all legal fees, damages and other expenses that may be incurred by iTalentCast as a result of a breach of the above warranties.
    8. To the fullest extent of the law, you waive any moral rights in your User Content for the purposes of its submission through the Digital Platforms.
  6. PAYMENT TERMS
    1. The Company will pay iTalentCast the Subscription Fee in accordance with the rates and charges set out by iTalentCast (which may be varied at any time iTalentCast without notice), unless otherwise agreed in writing by iTalentCast.
    2. iTalentCast will charge the Company's selected payment method - Visa/Mastercard/Amex, at the time of submission of the Company's registration and payment details to iTalentCast.
    3. The Subscription Fee is quoted exclusive of GST and the Agent must pay GST at the same time as it pays for the Subscription. If applicable, iTalentCast will issue a valid tax invoice.
    4. The Company acknowledges that except as set out by Clause 3.7, no refund will be provided by the iTalentCast for any cancellation of the Subscription including any cancellation as set out by Clauses 3.9 and 3.10.
    5. Subscriptions are not renewed automatically. You will be notified by iTalentCast thirty (30) days from the expiry of the Subscription Period. At the end of the Subscription Period, you may contact iTalentCast at info@italentcast.net to renew your Subscription and verify your payment method.
  7. THIRD PARTY CONTENT
    1. The Digital Platforms may include links to third party sites which are not related to iTalentCast and in relation to which iTalentCast has no control or interest. The appearance of those links on this site does not indicate any relationship between iTalentCast and that third party or any endorsement by iTalentCast of that third party, its site or the products or services which it is advertising on the Digital Platforms.
    2. iTalentCast is not responsible for the content or accuracy of any off-site pages or any other sites linked to the site (including without limitation sites linked through advertisements). The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk.
    3. The Digital Platforms may include third party content which is subject to that third party's terms and conditions of use. Nothing on the Digital Platforms should be construed as granting any license or right for you to use that content.
  8. LIABILITY & INDEMNITY
    1. iTalentCast acts as, among other things:
      1. a service for companies to post job opportunities and search for and evaluate suitable Artists or other voice-over talent; and
      2. a service for suitable Artists to search for job opportunities, record suitable Auditions and submit them through the Application.
    2. iTalentCast is not involved in the actual transaction between Company and candidate Artists. As a result iTalentCast takes no responsibility for the quality, safety or legality of the jobs, or the accuracy, truthfulness or reliability of the job information supplied by a Company on the Digital Platforms or the information and Auditions submitted by the Artist. The content is provided to you "as is" and on an "as available" basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk.
    3. All content on the Digital Platforms may be changed at iTalentCast's sole discretion and without notice.
    4. iTalentCast will not be liable for any loss or damage resulting from any unauthorized commercial use of an Audition submitted by an Artist, by you or any other third party.
    5. iTalentCast will not be liable for any loss or damage whatsoever which is suffered or for personal injury suffered or sustained as a result of submitting an Advertisement and/or receiving Auditions from Artists as a response to that Advertisement.
    6. iTalentCast and its associated agencies and companies will not be liable for any misadventure, accident, injury, loss (including but not limited to consequential loss) or claim that may occur when submitting an Advertisement or employing or engaging an Artist sourced through the Digital Platforms.
    7. You agree to defend, indemnify and hold harmless iTalentCast, our officers, directors, employees, , subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities, third party disputes and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with the Company's use of the Digital Platforms, or resulting from, or alleged to result from, your use of the Digital Platforms, the employment or engagement of an Artist, a breach of your representations and warranties or your violation of any of these Terms and Conditions.
    8. iTalentCast does not warrant that functions contained in the Application or Website content, such as links, or the recording function will be uninterrupted or error free, or that defects will be corrected or that iTalentCast's hosting server is free of viruses or bugs.
    9. iTalentCast is not responsible for any problems or technical malfunctions of any telephone network, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the internet or at any website, or any combination thereof.
  9. PRIVACY POLICY
    1. In using the Digital Platforms, you may give us information in which you have certain rights including your name, email address, age, occupation, address, telephone number and financial details.
    2. By using the Digital Platforms, you grant us consent to use such information for the purposes of posting any Advertisement, and where there is an overdue account, iTalentCast may disclose information to debt collection agencies to recover the amount due.
    3. You may request access to the personal information that iTalentCast holds about you by contacting iTalentCast at info@italentcast.net
  10. GENERAL
    1. These Terms and Conditions constitute the entire agreement between us and you in relation to the Digital Platforms and your use of the Digital Platforms supersedes all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Digital Platforms.
    2. The provisions of these Terms and Conditions which by their nature survive termination or expiry of these Terms and Conditions, will survive cancellation of your registration or access to the Digital Platforms.
    3. These Terms and Conditions are governed by the laws of the State of Victoria, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria.


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