General terms and conditions of the actor database filmmakers.
Filmmakers, a division of filmmakers.one GmbH with its registered office in Cologne (hereinafter referred to as filmmmakers), provides the customer with the Internet service ordered exclusively on the basis of these General Terms and Conditions (GTC) unless otherwise agreed in writing. The General Terms and Conditions of Business are freely accessible on the Internet at any time at www.filmmakers.de and can be viewed. The customer accepts the terms and conditions both with the user registration and with the online access to filmmakers.
1.1
The scope of services is derived from the service descriptions and user contracts available online or in writing or from the information added to another offer. Changes or extensions of the service description require the written form again; verbal side agreements are not valid.
1.1.2
The use of the filmmakers service is subject to the applicable fees according to customer information. The customer receives a written or electronic invoice for each payment transaction.
1.1.3
Payment of the usage fees is made in principle by direct debit, unless otherwise agreed. The customer authorizes filmmakers to collect the accruing fees from the respective valid account. The authorization also extends to retrospective and variable remunerations as well as to new bank details communicated by the customer. The monthly flat-rate fee is collected in advance for the period specified in the order form. One-off fees and variable fees, as well as other fees are collected when the service is rendered or in the immediate vicinity.
1.2
In the event of default in payment by the contracting party, filmmakers shall be entitled to block or prevent access to the services and connections. In this case, the contractual partner remains obliged to pay the agreed remuneration.
1.2.1
If the customer is in arrears for two consecutive months with the payment of a not inconsiderable part of the remuneration or in a period of more than two months with an amount corresponding to a monthly remuneration, filmmakers may terminate the contractual relationship for good cause without notice.
1.2.2
The customer may only offset claims against filmmakers with undisputed or legally binding counterclaims.
1.3
All fees are gross. These shall be subject to value added tax at the applicable rate.
1.4
Filmmakers reserves the right to change its fees at any time. These changes do not affect the agreed flat-rate period in the case of usage contracts already concluded prior to the time of the change. Changed usage fees will be communicated to the customer at least 4 weeks before the date of entry into force to his stated e-mail address or by post. Increases of the fees cause an extraordinary right of termination on the part of the customer with a period of 2 weeks. Any increases in the fees known at the time of ordering do not require any separate notification and do not constitute a special right of termination.
1.5
To the extent that filmmaker's services are provided free of charge, they may be discontinued at any time without prior notice. This does not give rise to any claims of the contractual partner.
1.6
The customer shall also be responsible for any charges which are incurred by other persons or which cause unauthorized access to his account, unless the customer is not responsible for this. The customer is obliged to prove that he is not responsible for this.
1.6.1
The customer undertakes to keep the personal password for his access code carefully and protected from access by third parties as well as to protect it from misuse and loss. The customer shall indemnify Filmmakers against the costs and claims of third parties arising from the violation of the aforementioned obligations.
1.7
All login information (user name and password) is personal. Disclosure to third parties for the purpose of unauthorized use of information and services is not permitted. Such a violation will result in the immediate blocking of the access authorization. However, this does not release the customer from his obligation to pay the contractually agreed remuneration. Filmmakers reserves the right to take criminal and civil action.
2.0
The content, text, image and sound material as well as programs made available by filmmakers within the framework of the filmmakers Internet Service are generally protected by copyright. The customer may use such materials provided by filmmakers to design his own documents for the duration of the contractual relationship and may also personalize or modify these contents. Any other use (in particular copying, distribution and transfer to third parties) is only permitted with the written permission of filmmakers or the respective owner of the rights. The respective copyright notice may not be removed.
2.1
filmmakers ist ständig bemüht, die Richtigkeit, Fehlerfreiheit, gewünschte Funktionsweise und Vollständigkeit der Inhalte und Programmmodule zu gewährleisten. Eine Haftung ist jedoch ausgeschlossen.
2.2
The contractual partner of filmmakers has to compose or have the text of his CV written by himself. If photos are to be exchanged or additionally fed in, this is done - if not independently transacted - by sending the photo material together with instructions, which photo is to be replaced or added by another one. filmmakers is not liable for the completeness, accuracy or timeliness of the information provided. filmmakers is also not liable that this information is free of third party rights. In the event of defects in content, filmmakers shall be entitled to rectification of defects. In this respect, the contractual partner shall be obliged to cooperate in the fulfilment of the contractually agreed performance. The reduction shall be deemed to have been approved by the customer or his agency if the customer or his agency does not object to it in writing (by telefax, letter or e-mail) within 10 days of submission to the database.
2.2.1
filmmakers shall not be liable to the customer for any misuse of his data by Internet users or for any use of his data that the customer does not wish to see. The customer is aware of and accepts that the data provided by the customer is freely accessible within the framework of the users of filmmakers.
3.1
filmmakers accepts no liability for the video sequences presented in the database provided by third parties. Any claims can only be asserted against the third party provider.
3.1.1
filmmakers orients itself to usual and accessible technical standards and assumes no responsibility for the technical equipment of the contracting party or the database users.
3.1.2
filmmakers does not assume any responsibility that the contractually agreed presentation is sufficient for any purpose intended by the actor.
3.2
All deliveries to filmmakers are made free domicile. Postage costs etc. are not covered by filmmakers.
3.3
All sent data media become the property of filmmakers.
4.0
Delivery and service disruptions due to impediments for which filmmakers is not responsible release filmmakers from promised dates or deadlines. They also entitle filmmakers to postpone performance for the duration of the hindrance plus an appropriate start-up period.
4.1
If the disability lasts longer than two weeks, the contract duration is extended by the period of the disability exceeding two weeks.
4.2
In the event of a breakdown of services or services due to a malfunction outside filmmakers' area of responsibility, no reimbursement of fees will be made. The contractual partner shall only be entitled to a refund in the event of downtimes caused by filmmakers or its vicarious agents or assistants intentionally or grossly negligently.
5.0
With the date of the first activation of the access code to the filmmakers Internet Service, the contractual relationship between the customer and filmmakers is established. Irrespective of the receipt of payment, this day represents the commencement of the contract and billing.
5.1
All contracts with filmmakers have a term of twelve months from the beginning of the contract.
5.1.2
The contract shall be extended by twelve months in each case, provided that it is not terminated in writing by one of the contracting parties with a notice period of one month prior to the end of the term.
5.2
If payment is not made on time, filmmakers shall be entitled to remove the data of the contracting party from the database until payment has been received.
5.2.1
Notice of termination must be given in writing by letter or fax in order to be valid. Due to the urgency of the case, termination for important reasons can alternatively also be effected by e-mail.
6.0
filmmakers requires some of the user's data for the sensible use, operation and further development of the service. The following regulations serve to clarify the resulting questions. The customer has the possibility at any time to revoke his declaration of consent with effect for the future. If the usability of the offered service thereby becomes impossible, the customer nevertheless remains obligated to pay filmmakers.
6.1
The customer agrees to the processing and storage of personal data necessary for the execution of the service. Personal data are individual details about personal or factual circumstances of a certain or definable person. The consent also extends to persons employed by filmmakers.
6.1.2
The customer agrees that filmmakers and its cooperation partners may send e-mails to his or her e-mail address for information purposes to a reasonable extent. These e-mails are marked in a suitable way to distinguish them. These e-mails contain important information (e. g. new services, reminders of a deadline, etc.) and should be read carefully.
6.2
filmmakers is also permitted to use and process the customer's personal data for the purpose of consulting, market research or to design the service as required. Inventory data are data that are necessary for the establishment, content or modification of a contractual relationship regarding the use of the service. The customer is not obliged to agree to this regulation. The customer can also use the service if he does not agree to this regulation.
7.0
There is no legally binding assurance of certain characteristics from the service description in the contract. filmmakers does not assume any guarantee that the services provided by filmmakers will fulfil a specific purpose pursued by the contractual partner.
7.1
filmmakers is not liable for the correct functioning of infrastructures or transmission paths of the internet, which are not the responsibility of filmmakers or its vicarious agents.
8.0
Claims for damages due to impossibility of performance, positive breach of contract, culpa in contrahendo or tort are excluded both vis-à-vis filmmakers as well as in relation to their vicarious agents and assistants, insofar as no intentional or grossly negligent action has been taken.
8.1
The contractual partner shall be liable for all consequences and disadvantages which filmmakers and/or third parties may suffer as a result of the contractual partner's breach of contract, misuse or unlawful use of filmmakers' performance and services or as a result of the contractual partner's failure to comply with its other duties and obligations.
8.2
The contractual partner assures with the transmission of his personal data that these are correct and correspond to the truth. filmmakers accepts no liability for false statements made by the contractual partner to filmmakers.
8.3
In the event that third parties assert an infringement of rights vis-à-vis filmmakers, filmmakers shall be entitled to remove the customer's data from the network until any legal issues have been resolved. In such cases, the contract shall not be extended nor shall the remuneration be reimbursed in whole or in part. This applies in particular to cases where photographers claim that their copyrights to the photos made available to filmmakers have been infringed. The same applies to video clips.
9.0
In the course of technical progress, filmmakers is free to use newer or other technologies, systems, processes or standards for the rendering of services than originally offered, insofar as this does not result in any disadvantages for the customer.
9.1
A sale of individual filmmakers business units or a change of shareholder do not constitute a special termination right.
9.1.1
filmmakers may transfer the rights and obligations under this contract to a third party. This transfer shall apply in particular in the event of a possible sale of the company or a change in the shareholder structure.
9.1.2
filmmakers is entitled at any time to amend or supplement these GTC including all attachments with a reasonable period of notice. If the contractual partner does not object to the amended terms and conditions within two weeks after receipt of the change notification, but at the latest by the time when the change is to come into force, the change shall take effect in accordance with the notification. If the contracting party objects in due time, filmmakers shall be entitled to terminate the contract at the point in time at which the amended condition is to come into force.
9.2
As far as legally permissible, the place of jurisdiction is Cologne.
10.0
Should a provision of the contract or the terms and conditions of use be or become invalid or should the contract be incomplete, this shall not affect the remaining content of the contract. The ineffective provision shall be replaced by a provision which comes closest to the purpose of the ineffective provision in a legally effective manner. The same applies to any gaps in the contract.