movieworker - GTC (General Terms And Conditions)

  1. Scope of application
    • Movieworker operates an online presentation platform for the film and TV industry (subsequently referred to as the “platform”).
      These General Terms and Conditions of Business and Use (GTCBU) contain the basic rules for the use of the platform and shall be valid from the date of their incorporation for all present and future legal transactions and transactions similar to legal transactions between the user and Movieworker. User’s terms and conditions inconsistent with these Terms shall be inapplicable. A modification of these GTCBU is currently possible in compliance with the rules under paragraph 13.
  2. Services subject to payment
    • 2.1. Movieworker as defined by these General Terms and Conditions of Business and Use shall be any user who has registered himself with Movieworker, whose profile or other entries, however, have not been activated by Movieworker, yet.
    • 2.2. A member shall be any user registered with Movieworker whose profile or other entries have been activated by Movieworker. Members shall be liable to pay a fee for the use of the platform.
    • 2.3. Users shall be the respective job classifications shown on the platform.
  3. Registration – conclusion of contract
    • 3.1. The platform may be used by anybody working in the film and TV industry.
    • 3.2. The use of the platform requires registration by the user. The user shall be obliged to select the user group applicable to him and to truthfully and completely enter the data queried during the registration process. In case of a change of the queried data after registration has been completed, the user shall immediately update his information or – if this is not possible – inform Movieworker immediately about the changes.
    • 3.3. By sending the filled-in registration form, the user places a binding request for registration with Movieworker. After transmission of the registration data, the user will be given a personal password by letter mail.
    • 3.4. The registration and sending of the password constitutes the formation of a contract for use of the platform between the user and Movieworker.
  4. Access data
    • 4.1. The user shall specify a user name in the course of the registration process. The user name and the password of the user (subsequently referred to as “access data”) shall be kept secret and protected against access by unauthorised third parties. The user is aware of the fact that by means of the access data, it is easily possible for third parties to delete or change the user’s data recorded by Movieworker. If the user has lost the access data or if he suspects that his access data are being used by a third person, he shall inform Movieworker immediately and change his password.
    • 4.2 In case of suspicion of an improper use of the access data, Movieworker shall be entitled to immediately block the user account.
  5. Creating profiles
    • 5.1. All information provided by the user under the profile must be true and accurate.
    • 5.2. Information may only be entered in the form fields provided for this purpose.
    • 5.3. The user himself shall be responsible for all information provided under a profile.
    • 5.4. The user shall observe possibly existing copyrights or other industrial property rights of third parties. Movieworker points out that the use of photographs and films, even if they are shown only in extracts, is usually only permissible with the consent of the respective holder of the industrial property rights.
    • 5.5. Movieworker reserves the right to refuse activation of profiles without giving reasons, or to remove discontinued profiles from the platform, respectively.
    • 5.6. By creating a profile, the user agrees to receive emails.
  6. Blocking and deleting contents and user accounts
    • In case of a violation of these terms of use by the user, Movieworker shall be entitled to block the user account and to block or delete profiles and other contents of the user.
  7. Payment
    • The platform user shall pay once an user fee (contribution) to the amount of € 35.00 inclusive statutory VAT. Payment shall be made against invoice within 14 days upon registration.
      Users residing outside of the Federal Republic of Germany can make payments only by credit card.
  8. Contract duration/termination
    • 8.1. The contract about the use of the platform between the user and Movieworker is made for an indefinite period.
    • 8.2. The period of notice is three months to the end of the year.
  9. Liability
    • 9.1. Otherwise, any liability, for whatever reason, shall be excluded.
    • 9.2. The users alone shall be responsible for contents and other data provided by them on the platform. Movieworker shall not assume any guarantee for the correctness of any information provided by a user.
    • 9.3. The user himself shall be obliged to provide for backup copies of his contents and other data on data carriers of his own. In case of a loss of data, Movieworker shall not be liable for the expenses required for the restoration of the data.
  10. Indemnity clause
    • 10.1 The user shall indemnify Movieworker against all claims of third parties which these may assert against Movieworker because of contents discontinued (e. g. texts, photographs, show reels). The indemnification shall cover in particular also any costs of necessary legal defence by Movieworker.
    • 10.2 In case of demands on Movieworker, the user shall be obliged to immediately provide truthfully and completely all information required by Movieworker for the examination of the claims and for the defence.
  11. Cross-linking
    • Establishing and maintaining hyperlinks on pages of Movieworker requires the prior express consent of Movieworker.
  12. Exclusion of set-off
    • The user shall not be entitled to set off, unless the counterclaims have been finally established or are not contested by Movieworker.
  13. Modifications of the GTC and terms of use
    • 13.1 Movieworker reserves the right to modify the GTC and TOU at any time and without giving reasons. The new terms shall be communicated to the user by email at the latest one month before their effective date.
    • 13.2 The new terms shall be deemed as agreed unless the user objects to their validity within 14 days upon receipt of the email. The objection requires written form. In the email, Movieworker shall separately point out to the user the possibility of objection, the time limit, and the consequences of the user’s failure to act.
  14. Final Clauses
    • 14.1 If the user is a businessman, a legal entity under public law, or special assets under public law, the exclusive venue for all claims arising from the contractual relationship shall be Berlin.
    • 14.2 German law shall apply to disputes arising from or in connection with this contract. Questions regarding the General Terms and Conditions of Business and Use should be sent by email to office@movieworker.de.
    • 14.3 The place of jurisdiction is Berlin.

Version of: 1 November 2006