This is an automatic translation of the legal document. In case of any uncertainty the original in German language is legally binding.

General Terms of Use and Service (GTC)

• Preamble

  The filmmakers.one GmbH (hereinafter referred to as "Provider") provides with the portal filmmakers.eu as well as the web services or web applications of the associated domains and subdomains (all hereinafter collectively referred to as "Filmmakers") a network and an interactive system environment for film, television, theater and new visual media.

  Filmmakers enables users (professional casting directors and their clients from the areas of directing and production, as well as other people commissioned with the casting and implementation of productions) as well as freelance actors and agents (hereinafter collectively referred to as "Users" or "User Groups") to network with one another and collaborate. Filmmakers contains a database by and for filmmakers with functions for casting and collaboration of crew and cast (in particular eCasting, live casting and content management functions).

  Professional casting directors can use an actor database with expert search, manage classic studio castings, carry out eCastings, make selections and evaluate them together with their respective clients (in particular producers and directors) as well as their employees within their system.

  Actors can also use the eCasting function and thus participate in castings easily and from anywhere. With a showreel manager they can create and manage their own showreels. They also receive suitable roles.

  Agents can centrally manage their own actors via Filmmakers and receive information and feedback on castings and eCastings. In addition, they receive notification of suitable roles for their actors.

  The user can change his or her free Standard Membership or "Free" Membership (hereinafter "Standard Membership") to a paid Premium Membership (e.g. "Premium+" or "Connected"), which includes additional functions compared to the Standard Membership (hereinafter "Premium Membership"). The Standard Membership and Premium Membership are collectively referred to as "Membership". In addition to an existing Premium Membership, the user can book one or more paid premium additional options (hereinafter "Premium Additional Option").

  With this in mind, the following General Terms of Use and Service apply between the parties.

• 1. Scope

  The following terms of use and service apply exclusively to the membership and premium additional options in their respective valid versions. Any deviating conditions of the users are not recognized unless the provider expressly agrees to their validity in writing.

• 2. Registration and booking of additional services

  1. Use of the Filmmakers offering is open exclusively to professional users from the fields of film, television, theater, new visual media (including web TV), advertising and acting schools for professional use.
  2. To use Filmmakers, registration is required with truthful information including first name, surname, email address and user group (caster, actor, agent) of the user. The user chooses a password. The user can complete the registration via a link sent to the specified email address and enters into a contract with the provider, initially in the Standard Membership (hereinafter "Contract of Use"). However, the provider is not obliged to send a registration link. In the event of changes to the information provided in sentence 1, these must be updated immediately. Section 8 also applies to minor users under the age of 16.
  3. Multiple registrations are not permitted. However, if the user performs activities from different user groups, registration in the respective user groups is permitted.
  4. Afterwards, the user can extend the contract of use to a paid Premium Membership; in this case, the user can in turn supplement the Premium Membership with further premium additional options (each individual premium additional option or the Premium Membership hereinafter also referred to as "Service Package").

• 3. Right of withdrawal for consumers

  Withdrawal instruction

  Right of withdrawal

  You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded. To exercise your right of withdrawal, you must inform us (filmmakers.one GmbH, Gocher Str. 19, 50733 Cologne, telephone +49 (0)221 167 910, service@filmmakers.eu) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You can use the sample withdrawal form below for this purpose, although it is not mandatory.

  To meet the withdrawal deadline, it is sufficient for you to send the notification about exercising the right of withdrawal before the withdrawal period expires.

  Consequences of withdrawal

  If you withdraw from this contract, we must reimburse you all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees for this reimbursement.

  If you have requested that the services begin during the withdrawal period, you shall pay us an appropriate amount corresponding to the proportion of the services already provided up to the time you inform us of the exercise of the right of withdrawal with respect to this contract, compared to the total scope of the services provided for in the contract.

  
  

  Sample withdrawal form

  (If you want to withdraw from the contract, please fill out this form and send it back.)

  To filmmakers.one GmbH, Gocher Str. 19, 50733 Cologne, telephone +49 (0)221 167 910, service@filmmakers.eu:

  I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):

  Ordered on (*)/received on (*):

  Name of consumer(s):

  Address of consumer(s):

  Signature of consumer(s) (only for notification on paper)

  Date:

  (*) Delete as applicable.

  
  

  Exclusion of the right of withdrawal:

  The right of withdrawal does not apply if, when concluding the legal transaction, you act predominantly in the exercise of your commercial or independent professional activity and you are therefore to be regarded as an entrepreneur (Section 14 BGB).

  
  

  Important note:

  You expressly agree that we begin performing the service before the end of the withdrawal period.

• 4. Access data

  1. The email address and password chosen by the user (hereinafter "Access Data") must be kept confidential and secured against unauthorized access. If the access data is lost or there are indications of loss for the user, the user must inform the provider immediately and change the password on Filmmakers.
  2. In the event of reasonable suspicion of misuse of a user account, the provider may immediately block the user account. After the user's identity has been verified and the password has been changed, the provider can unblock the user account.

• 5. Fees

  Standard Membership (free)

  1. The Standard Membership is free of charge.
  
  

  Premium Membership ("Premium+" and "Connected") and premium additional options

  2. When booking the Premium Membership or a premium additional option, the user assures that he or she is of legal age or, in the case of minority, is acting with the consent of his or her legal representatives.
  3. The user can pay fees for the Premium Membership or premium additional options using the payment methods offered by Filmmakers. The user bears the costs incurred, such as bank fees for the return of direct debits, which arise because the provider cannot collect a due fee and the user is responsible for the event that triggered the cost.
  4. The provider will make invoices available exclusively in electronic form.
  5. The fees for the Premium Membership and premium additional options are due immediately in advance for the respective agreed billing period upon invoicing.
  6. The provider is entitled to appropriately increase the fee for the Premium Membership and premium additional options with effect from the beginning of a new billing period. A maximum of one price increase per service package offered is made in a calendar year. In this case, Filmmakers will inform the user at least 6 weeks before the start of the new billing period to which the price increase for the specified service package will take effect. The user can object to the price increase within 3 weeks; in this case, the affected service package ends at the end of the agreed minimum term or, if no minimum term applies, at the end of the current billing month.

• 6. Posting and deletion of content by the user

  1. In numerous cases, the user has the option to publish their own content on Filmmakers in form fields. The format templates and other specifications of the form fields must be observed.
  2. The user may only post content that serves the purpose of Filmmakers, in particular to find contractual partners for the implementation of a project in the field of film, television, theater or new visual media; for example by publishing showreels, information about the personality, appearance, skills, web presence (hyperlinks) and vita of the actor by the actor or his or her agent, or by publishing casting texts by casters.
  3. The user undertakes to post only lawful content. Accordingly, depictions are prohibited that incite racial hatred, contain pornographic, harmful to minors or insulting elements, or that otherwise may not be disseminated after weighing the user's artistic and freedom of expression rights against the personal rights of those affected in the individual case.
  4. If a user (in particular a caster or agent) creates a profile for an actor, the user assures that he or she is authorized and legitimate under data protection law; the contract of use is thus concluded not only between the caster or agent and the provider, but also between the provider and this actor. In this case, the agent or caster is obliged to pass on the provider's data protection information published on its website to the actor in advance. The caster or agent is considered the receiving representative for the actor represented by him or her.
  5. The user is obliged to comply with applicable laws, in particular any copyrights and property rights as well as imprint obligations. In particular, showreels and other videos as well as casting texts may be subject to the exclusive right of use of third parties, so that the user needs the consent of the third party for publication. If the user provides protectable content on Filmmakers, the user assures the provider of authorization to do so. The provider can demand proof of authorization from the user. If a user posts third-party personal data on Filmmakers, the user is responsible for compliance with data protection regulations.
  6. Information provided by the user must be truthful and updated immediately if changed.
  7. Users are solely responsible for the content they post. The provider assumes no warranty for the correctness of this information.
  8. The user can change or delete the data entered by the user at any time after logging in with the access data on Filmmakers.
  9. Moderation of content: The provider does not carry out proactive activities to detect, identify and combat user content that violates legal provisions or these General Terms of Use and Service. The provider reserves the right to carry out such activities in non-automated form in individual cases (spot checks). In addition, the provider will carry out such activities in non-automated form when it becomes aware of unlawful and/or contract-violating user content.
  10. The provider may delete or block individual content provided by the user if, after non-automated review, it is of the opinion that this user content violates these General Terms of Use and Service or applicable law. In the event of repeated similar violations by a user, the provider may, after prior warning and non-automated review, restrict the user's ability to provide such information by closing or suspending the user's account. In all the aforementioned cases, the user has the opportunity to comment to the provider. However, the provider is not obliged under Art. 20 Digital Services Act to maintain an internal complaint management system. The provider explains all decisions on restrictions clearly and specifically when the relevant electronic contact details are known to the provider. The provider applies and enforces the restrictions referred to in sentences 1 and 2 carefully, objectively and proportionately, taking into account the rights and legitimate interests of all parties and the fundamental rights of the users.
  11. In accordance with Art. 16 Digital Services Act, the provider provides a reporting system to report content on Filmmakers that the reporting person considers to be illegal. The reporting system is accessible via a link in the footer of Filmmakers. If the report contains the electronic contact details of the reporting person, the provider shall immediately send this person an acknowledgment of receipt. Furthermore, the provider shall immediately inform the reporting person of its decision regarding the reported content and shall point out any legal remedies against this decision. The provider shall process all reports received via the reporting system and shall decide promptly, carefully, without arbitrariness and objectively on the reported information.

  No use of user content for training artificial intelligence: The provider uses content uploaded by users (including, but not limited to, photos, videos, audio files, metadata and profile information) exclusively to provide the platform functions contractually agreed upon. User content is neither used for training artificial intelligence nor shared with third parties for this purpose.

• 7. Data backup and indemnification claim

  1. The user is responsible for backing up his or her data on Filmmakers by making backup copies.
  2. The user indemnifies the provider against all claims by third parties that they assert against the provider due to content posted by the user and for which the user is responsible. In particular, the indemnification also includes the costs of necessary legal defense by the provider.
  3. If third-party claims are asserted, the user must immediately provide the provider with information that the provider requires to examine and defend against the asserted claims. In particular, the user must submit third-party consent declarations if rights to content posted are disputed.

• 8. Minor users and legal representatives

  1. Users who have not yet reached the age of 16 are only admitted on Filmmakers as "minor users under 16" with the cooperation of the respective legal representative. For minor users under the age of 7, only the legal representative can conclude the contract of use. Minor users from the age of 7 can conclude the contract of use themselves, but only with the consent of the legal representative and if represented by an agency. For this purpose, the provider will send the "minor user under 16" further documents.
  2. The following functions have been integrated into Filmmakers to provide additional protection for "minor users under 16":
     • Minor users under 16 can only be searched by verified users (in particular agents and casters).
     • Unverified users and visitors not logged in to Filmmakers will not see the profile of minor users under 16, or will see it without content.
     • The profile of minor users under 16 is marked as such.
     • Minor users under 16 can only be invited to castings by verified users (in particular casting directors).
  3. By agreeing to these Terms of Use and Service, all users accept that youth protection regulations must be observed when dealing with minor users under 16 via Filmmakers.

• 9. Term, termination and prepaid fees

  Standard Membership (Free)

  1. The Standard Membership runs for an indefinite period. The Standard Membership (and thus the contract of use) can be terminated by the user and the provider at any time in text form without notice.
  
  

  Premium Membership ("Premium+" and "Connected") and premium additional options

  2. The Premium Membership and premium additional options initially run for the minimum term booked by the user. If the user does not terminate the Premium Membership or a premium additional option in due time, the Premium Membership or premium additional option is automatically extended for an indefinite period (with billing periods of one month each). The user and the provider can terminate the Premium Membership or a premium additional option at the end of the booked minimum term or, if no minimum term applies, at any time with notice to the end of the current billing month. After termination of the Premium Membership, the user reverts to the Standard Membership; after termination of a premium additional option, the remaining booked service packages remain in place.

     Note: For contracts concluded before 01.03.2022, the previous regulation continues to apply:

     Fee-based services apply for a specific period in each case. The contract period results from the respective order. The contract period is tacitly extended by this period unless one of the parties terminates the contract with a notice period of 4 weeks to the end of the contract period. Unless otherwise agreed, this contract period is one year.

  3. The user has no claim to reimbursement of fees paid in advance only if the provider terminates the contract for good cause or blocks the user's access under Section 9.d.
  
  

  General: Termination for good cause and consequences of termination

  4. Termination without notice of the contract of use (and thus both the Standard Membership and any Premium Membership and premium additional options) or individual service packages in text form is permitted if there is good cause that makes it unreasonable for the terminating party to continue the contract, also taking into account the legitimate interests of the contractual partner. Good cause exists in particular if the other contractual party has violated its obligations under these Terms of Use and Service and has been unsuccessfully granted a reasonable period to remedy the situation or has been warned without success. However, a grace period or warning is not required if the other party seriously and definitively refuses to fulfill its obligations or if circumstances exist that justify immediate termination after weighing the interests of both parties.

     If there is good cause, the provider may, irrespective of a termination, also (i) delete content posted by the user or (ii) block access to Filmmakers or individual functions.

     The right to claim damages is not excluded by the termination.

  5. After an extraordinary termination or after an ordinary termination of the contract of use, the provider will delete the user account and the personal data associated with it. This does not affect the user's ability to log in to Filmmakers with their access data and to use the "Delete account" function, so that all personal data will be deleted if they are no longer required to process the contract. Blocking takes the place of deletion if deletion conflicts with statutory, bylaw or contractual retention periods.

• 10. Use of user data between users

  1. Contact details or other personal data of other users published on Filmmakers may only be used by other users via the portal for the purposes of Filmmakers, in particular to find contractual partners for the implementation of a project in the field of film, television, theater or new visual media. Contact for other advertising purposes is prohibited. Likewise, the user is prohibited from reading out the data posted by other users on Filmmakers in any way (e.g. manually or using a web crawler), in particular to use them for purposes other than those specified in sentence 1.
  2. If a commercial user or another user for the benefit of a commercial provider violates the obligation under Section 10.a, the user must pay to the provider a contractual penalty for each case of culpable violation, the amount of which is to be determined by the provider at equitable discretion and which is subject to review by the competent court in the event of a dispute.

• 11. Liability

  1. Claims by the user for damages are excluded. Excluded from this are claims for damages by the user arising from injury to life, body or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
  2. In the event of a breach of essential contractual obligations, the provider is only liable for the typical, foreseeable damage if it was caused by simple negligence, unless it concerns claims for damages by the user arising from injury to life, body or health.
  3. The limitations of paragraphs a and b also apply in favor of the provider's legal representatives and vicarious agents if claims are asserted directly against them.

• 12. Prohibition of set-off

  Set-off by the user is excluded unless the set-off is declared with an undisputed or legally established claim.

• 13. Contract transfer

  1. The provider may transfer the rights and obligations from the contract of use to another third party. Such a contract transfer will be notified to the user at least one month in advance in text form. In this case, the user has the right to terminate the contract with immediate effect; otherwise the contract will be continued by the notified third party. The provider will specifically draw the user's attention to the intended significance of the user's behavior with the notice in this paragraph.

• 14. Consumer dispute resolution

  The provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

• 15. Amendments to the General Terms of Use and Service

  1. The provider can amend the General Terms of Use and Service with the user's consent.
  2. The provider will notify the user of the new General Terms of Use and Service and the amendments in text form. The user can object to the new General Terms and Conditions within two weeks of receipt of the notice. If the user does not do so, consent is deemed to have been given. The provider will specifically draw the user's attention to the intended significance of the user's behavior with the notice.

• 16. Final provisions and choice of law

  1. If a provision of these Terms of Use and Service is invalid, this does not affect the validity of the remaining provisions. The invalid provision will be replaced by a valid one that comes closest to the intended economic purpose.
  2. The place of jurisdiction for all disputes arising from the contractual relationship between provider and user is Cologne unless the user is a consumer.
  3. The contractual relationship is governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules applicable in Germany.