This is an automatic Google translation of the legal document. In case of any uncertainty the original in German language is legally binding.
Denkungsart GmbH (hereinafter "provider" ) provides an interactive platform for film, television, theater and new visual media available.
As an online casting portal, Castupload enables casters (especially casting directors and other people commissioned with the casting of productions) and their customers (especially directors, producers), as well as actors and agents (hereinafter collectively referred to as "users" or "user groups" ) network with each other and work together in a decentralized way in terms of space and time. Castupload includes an intelligent actor database with eCasting, live casting and content management functionality.
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 thus easily participate in castings 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 Castupload and receive information and feedback on castings and eCastings. In addition, they receive notifications when their actors have suitable roles.
- The Castupload offer is only available to professional users from the fields of film, television, theatre, new visual media (including web TV), advertising and acting schools for professional use.
- In order to use Castupload, 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. Via a link that is sent to the email address provided, the user can complete the registration and enters into a contract with the provider (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 7 also applies to minor users under the age of 16.
- 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.
3. Access Data
- 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 if there are indications of a loss for the user, he must inform the provider immediately and change his password on Castupload.
- 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.
The contract of use (standard membership) is free of charge.
5. Posting and deleting content by the user
- In many cases, the user has the option of publishing their own content on Castupload in form fields. The format templates and other specifications of the form fields must be observed.
- The user may only post content that serves the purpose of Castupload, 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.
- The user undertakes to post only legal content. Accordingly, representations are prohibited which 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.
- In the event that a caster or agent creates a profile for an actor, he assures that he is authorized 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.
- 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 Castupload, 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 Castupload, he is responsible for compliance with data protection regulations.
- Information provided by the user must be true and must be updated immediately in the event of changes.
- Users are solely responsible for content posted by them. The provider assumes no liability for the correctness of this information.
- The user can change or delete the data he has entered at any time after registering with his access data on Castupload.
6. Backup and Right to Indemnification
- The user is responsible for backing up his data on Castupload with backup copies.
- 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.
- 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 examine 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.
7. Minor Users and Legal Representatives
- Users who have not yet reached the age of 16 are only admitted as "minor users under the age of 16" on Castupload 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.
- The following functions have been integrated into Castupload for the extended protection of "minor users under the age of 16":
- Minor users under the age of 16 can only be searched by verified agents and casters
- Unverified users and visitors who are not logged in to Castupload will not see the profile of underage users under the age of 16, or will see it without 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 (esp. casting directors) and only if the inviting user explicitly chooses in advance that they also want to invite underage users under the age of 16
8. Duration of the contract and termination of the user contract (standard membership)
- The contract of use (standard membership) runs for an indefinite period.
- It can be properly terminated in text form by either party with a notice period of 2 weeks to the end of the month.
- Termination of the contract of use in text form without notice is permitted if there is an important reason that makes it unreasonable for the terminating party to continue the contract, also taking into account the legitimate interests of the contractual partner. An important reason exists in particular if
- the other party to the contract breaches its obligations under these terms and conditions of use and service and the provider has set the user a specific deadline for remedy or has issued a warning 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 that justify immediate termination after weighing the interests of both parties.
- Immediately after an extraordinary termination or after expiry of the period of notice for an ordinary termination, 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 Castupload 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 for contract processing. Blocking takes the place of deletion if deletion conflicts with statutory, statutory or contractual retention periods.
9. Use of User Data between Users
- Contact data or other personal data of other users published on Castupload may only be used by other users for Castupload purposes via the portal, 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 the data posted by third-party users on Castupload in any way (e.g. manually or using a web crawler), in particular to use it for purposes other than those specified in sentence 1.
- If a commercial user or another user violates the obligation under Section 9a 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 shall be reviewed by the competent court in the event of a dispute to pay.
- 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.
- 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.
- 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.
11. Prohibition of offsetting
A set-off by the user is excluded, unless the set-off is declared with an undisputed or legally established claim.
12. Acceptance of contract
- The provider can transfer the rights and obligations from the contract of use to filmmakers.one GmbH, Gocher Straße 19, 50733 Cologne. The user will be notified of the planned transfer of contract in text form at least one month in advance.
- In addition, 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 notification in this paragraph b, the provider will specifically point out the intended meaning of his behavior to the user.
13. Consumer Dispute Resolution
The provider is neither willing nor obliged to participate in dispute settlement procedures before a consumer arbitration board.
14. Amendment of the General Conditions of Use and Services
15. Final Provisions and Choice of Law
- The place of jurisdiction for all disputes arising from the contractual relationship between the provider and the user is Mainz, unless the user is a consumer.
- The contractual relationship is subject to German law, excluding the UN sales law and the conflict of law rules applicable in Germany.