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General Terms of Use and Service (GTC)

• preamble

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

  Filmmakers enables users (in particular from the areas of casting, directing, production and 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 can work together in a decentralized manner in terms of location and time. Filmmakers contains a database by and for filmmakers with functions for hiring and crew and cast collaboration (especially eCasting, live casting and content management functions).

  Casters can use an actor database with an expert search function, manage classic studio castings, carry out eCastings, make selections and evaluate them together with customers such as producers, directors and employees.

  Actors can also use the eCasting function and take part in castings easily and from anywhere. With a showreel manager you can create and manage your own showreels. They are also shown suitable roles.

  Agents can centrally manage their own actors via Filmmakers and receive information and feedback on castings and eCastings. In addition, they receive notifications when their actors have suitable roles.

  The user can change his 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 premium additional options for a fee (hereinafter "Premium Additional Option"). .

  Having said that, the following general terms of use and service apply between the parties.

• 1. Scope

  The following terms of use and service apply exclusively to membership and additional premium options in their currently valid version. Any deviating conditions of the user will not be recognized unless the provider expressly agrees to their validity in writing.

• 2. Registration and booking of additional services

  1. Filmmakers' offerings are only available to professional users from the fields of film, television, theatre, new visual media (including web TV), advertising and drama schools for professional use.
  2. In order to use Filmmakers, registration with truthful information such as the first name, surname, e-mail address and user group (caster, actor, agent) of the user is required. The user chooses a password. The user can complete the registration via a link that is sent to the specified e-mail address and enter 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 accordance with sentence 1, these must be updated immediately. Section 8 also applies to users under the age of 16.
  3. Multiple registrations are not permitted. However, if the user performs activities from different user groups, he is permitted to register in the corresponding user groups.
  4. Subsequently, 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 additional premium options (each individual additional premium option or the premium membership hereinafter also referred to as "service package").

• 3. Right of withdrawal for consumers

  Right of withdrawal

  right of withdrawal

  You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract was concluded. In order to exercise your right of withdrawal, you must send us (filmmakers.one GmbH, Gocher Str. 19, 50733 Cologne, telephone +49 (0)221 167 910, service@filmmakers.eu) a clear statement (e.g. a letter sent by post or an e-mail) about your decision to withdraw from this contract. You can use the model cancellation form below, but it is not mandatory.

  To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

  Consequences of revocation

  If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.

  If you have requested that the service should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

  
  

  Sample cancellation form

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

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

  I/we (*) hereby revoke 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 if notification is on paper)

  Date:

  (*) Delete where not applicable.

  
  

  Exclusion of the right of withdrawal:

  The right of revocation does not exist if you are primarily exercising your commercial or self-employed professional activity when concluding the legal transaction and you are therefore to be regarded as an entrepreneur (§ 14 BGB).

  
  

  Important NOTE:

  You expressly agree that we will start performing the service before the end of the cooling-off period.

• 4. Access Data

  1. The e-mail address and password chosen by the user (hereinafter "access data" ) must be kept secret and secured against unauthorized access. If the access data is lost or there are indications of a loss for the user, he must inform the provider immediately and change his password on Filmmakers.
  2. If there is reasonable suspicion of misuse of a user account, the provider can block the user account immediately. After proof of the user's identity and a change of password, the provider can unlock the user account again.

• 5. Fee

  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 is of legal age or, if he is a minor, that he is acting with the consent of his legal representative.
  3. The user can pay fees for the premium membership or additional premium 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 fee that is due and the user is responsible for the cost-triggering event.
  4. The provider will only provide invoices electronically.
  5. The fees for the premium membership and the premium additional options with invoicing for the respectively agreed billing period are due immediately in advance.
  6. The provider is entitled to appropriately increase the fee for the premium membership and for 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 on 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 deleting content by the user

  1. In many cases, the user has the option of publishing 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, through the publication of show reels, information about the personality, appearance, skills, web presence (hyperlinks) and vita of the actor by the actor or his agent, or through the publication of casting texts by casters
  3. The user undertakes to post only legal content. Accordingly, representations are prohibited that incite racial hatred, contain pornographic, harmful or offensive elements or which, after weighing the user's freedom of art and opinion with the personal rights of the person concerned, may not be disseminated in individual cases.
  4. In the event that a user (especially a caster or agent) creates a profile for an actor, he assures that he is authorized by him and legitimate under data protection law; the contract of use is not only concluded 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, which is published on its website, to the actor beforehand. The caster or agent acts as a receptionist for the actor he represents.
  5. The user is obliged to observe the 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, he assures the provider of his authorization to do so. The provider can demand proof of his authorization from the user. If a user posts third-party personal data on Filmmakers, he is responsible for compliance with data protection regulations.
  6. Information provided by the user must be true and must be updated immediately in the event of changes.
  7. Users are solely responsible for content posted by them. The provider assumes no liability for the correctness of this information.
  8. The user can change or delete the data they have entered at any time after registering with their access data on Filmmakers.
  9. Content Moderation: The provider does not undertake unsolicited activities to detect, identify, and combat user content that constitutes a violation of legal provisions or these General Terms of Use and Service. However, the provider reserves the right to carry out such activities in non-automated form in individual cases (spot checks). Furthermore, the provider will carry out such activities in non-automated form if it becomes aware of illegal and/or contract-breaching 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 shall be given the opportunity to comment to the provider. However, the provider is not obliged under Art. 20 Digital Services Act to maintain an internal complaint-handling system. The provider shall provide clear and specific reasons for all decisions made regarding restrictions if the relevant electronic contact details are known to the provider. When applying and enforcing the restrictions mentioned in sentences 1 and 2, the provider shall act diligently, objectively, and proportionately, taking into account the rights and legitimate interests of all parties involved, as well as the fundamental rights of the users.
  11. In accordance with Art. 16 Digital Services Act, the provider shall provide 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 on the reported information promptly, carefully, non-arbitrarily, and objectively.

  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 for delivering the contractual platform functionality. User content is not used to train Artificial Intelligence and is not shared with third parties for that purpose.

• 7. Backup and Right to Indemnification

  1. The user is responsible for backing up his data on Filmmakers by making backup copies.
  2. The user exempts the provider from all third-party claims which they assert against the provider due to content posted by the user and for which the user is responsible. In particular, the exemption also includes the costs of a necessary legal defense of the provider.
  3. In the event that third-party claims are asserted, the user must immediately provide the provider with information about such information that the provider needs to check and defend against the asserted claims. In particular, the user must submit declarations of consent from third parties if property rights to content posted are in dispute.

• 8. Minor Users and Legal Representatives

  1. Users who have not yet reached the age of 16 are only admitted as "minor users under the age of 16" on Filmmakers with the cooperation of the respective legal representative. For underage users under the age of 7, only the legal representative can conclude the contract of use. Underage users from the age of 7 can conclude the usage contract themselves, but only with the consent of their legal representative and if they are represented by an agency. For this purpose, the provider will send the "underage user under the age of 16" further documents.
  2. The following functions have been integrated into Filmmakers to provide additional protection for "minor users under the age of 16":
     • Minor users under the age of 16 can only be searched for by verified users (especially agents and casters).
     • Unverified users and unregistered visitors of Filmmakers will not see the profile of underage users under the age of 16 or will see no content.
     • The profile of underage users under the age of 16 is marked as such
     • Minor users under the age of 16 can only be invited to castings by verified users (especially casting directors).
  3. By agreeing to these terms of use and service, all users accept that the youth protection regulations must be observed when dealing with minor users under the age of 16 via Filmmakers.

• 9. Term, Termination and Prepaid Fees

  Standard Membership (Free)

  1. The standard membership runs indefinitely. 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 cancel the premium membership or a premium additional option in due time, the premium membership or the premium additional option is automatically extended indefinitely (with billing periods of one month each). The user and the provider can terminate the premium membership or a premium additional option at any time upon expiry of the booked minimum term or - if no minimum term applies - at any time with notice at the end of the current billing month. After termination of the premium membership, the user reverts to the standard membership; after cancellation of an additional premium option, the other booked service packages remain in place.

     Note: For contracts concluded before March 1st, 2022, the previous regulation continues to apply:

     Paid services are valid for a certain period of time. 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. In the event of termination, the user is only not entitled to a refund of fees already paid in advance if the provider terminates the contract for good cause or blocks the user's access in accordance with Section 9.d.
  
  

  General: Termination for good cause and consequences of termination

  4. Termination 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 permissible without notice if there is an important reason that the terminating party is aware of, also taking into account the legitimate interests of the contractual partner, which makes continuation of the contract unreasonable. An important reason exists in particular if the other party to the contract has breached his/her obligations under these terms of use and service and has been given a deadline to remedy the situation without success or has been warned to no avail. However, a remedy period or warning is not required if the other party seriously and finally refuses to fulfill its obligations or if there are circumstances

     If there is an important reason, the provider can also (i) delete content that the user has posted, regardless of a termination; or (ii) block access to Filmmakers or individual functions.

     The entitlement 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 of their 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, statutory 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 for the purposes of Filmmakers via the portal, in particular to find contractors 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 external 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 violates the obligation under Section 10a in favor of a commercial provider, he shall be liable to the provider for each case of culpable violation a contractual penalty to be determined by the provider at his reasonable discretion, which is to be reviewed by the competent court in the event of a dispute to pay.

• 11. Liability

  1. Claims by the user for damages are excluded. Excluded from this are claims for damages by the user resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
  2. In the event of a breach of essential contractual obligations, the provider is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the user claims for damages resulting from injury to life, limb or health.
  3. The restrictions of paragraphs a and b also apply to the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

• 12. Prohibition of offsetting

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

• 13. Acceptance of contract

  1. The provider can transfer the rights and obligations from the contract of use to another third party. The user will be notified of such a contract transfer in text form at least one month in advance. In this case, the user has the right to withdraw from the contract with immediate effect; otherwise the contract will be continued by the notified third party. With the advertisement in this paragraph, the provider will specifically point out the intended meaning of his behavior to the user.

• 14. Consumer Dispute Resolution

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

• 15. Modification of the General Conditions of Use and Services

  1. The provider can change the general terms of use and service with the consent of the user.
  2. The provider will show the user the new general terms of use and service along with changes in text form. The user can object to the new general terms and conditions within two weeks of receiving the advertisement. If he does not do this, his consent shall be deemed to have been given. The provider will specifically point out the intended meaning of his behavior to the user with the advertisement.

• 16. Final Provisions and Choice of Law

  1. Should a provision of these terms of use and service be ineffective, this shall not affect the validity of the remaining terms of use and service. The ineffective provision will be replaced by an effective one that comes as close as possible to what is economically intended.
  2. The place of jurisdiction for all disputes arising from the contractual relationship between the provider and the user is Cologne, unless the user is a consumer.
  3. The contractual relationship is subject to German law, excluding the UN sales law and the conflict of law rules applicable in Germany.