GENERAL TERMS AND CONDITIONS OF USE

of Crew United Lutz und Zenglein GbR, Fraunhoferstraße 6, D-80469 Munich, Germany (hereinafter 'CU')

Valid from: 4 December 2018

1. SCOPE OF VALIDITY

These General Terms and Conditions of Use contain basic rules for the use of the platforms crew-united.com and/or schauspielervideos.de (hereinafter individually or jointly referred to as 'the Platform') and apply, once invoked, for all business transactions and quasi-contractual activities between the User and CU, also in the future. Terms and conditions of the User that deviate from those contained herein shall not apply. These GTAC may be amended in accordance with the regulations contained in Section 20 below.

2. FREE AND FEE-BASED SERVICES, DEFINITIONS

2.1 'Member In Application' in the sense of these General Terms and Conditions of Use is any User who has registered personally with CU or who has been registered by their agency, but whose profile or other entries have not yet been activated by CU.

2.2 'Basic Member' is every User registered with CU, whose profile or other entries have been activated by CU. The use of the platform is free of charge for Basic Members. However, Basic Members do not have all the possible functions offered by the Platform at their disposal.

2.3 'Premium Member' is every User registered with CU who has concluded an additional Premium Member upgrade agreement with CU. Premium Members can use additional functions of the Platform for a fee. Premium Members automatically become Basic Members when the upgrade agreement ends.

2.4 'Premium Member Complete' is every User registered with CU who has concluded an additional Premium Member Complete Agreement with CU. This status is reserved for the user group 'Agencies'. With it, not only the agency itself gains Premium status, but also all the clients it registers with the Platform who do not already have Premium status anyway. Upon termination of the upgrade agreement, a Premium Member Complete can then choose to be downgraded either to Premium Member or Basic Member status. In both cases, all of the agency's clients who have received Premium Status for free as a result of their agency's Complete status are downgraded to Basic Member.

2.5 'Premium Member Video+' is every User registered with CU who has concluded an additional Premium Member Video+ Agreement with CU. Upon termination of said upgrade agreement, a Premium Member Video+ can choose between being downgraded to Premium Member or Basic Member.

2.6 'Non-Member' is any person not or no longer registered with CU, but who has information pertaining to one or more of their projects (Section 6) stored in the CU database.

2.7 'Profile' a publicly accessible compilation of data and information about a person or company that describes that person or company in more detail, and which indicates what the person or company offers in terms of services, and contains references.

2.8 'User Group' is a class of Users with the same field of activity [currently 'Freelancers', 'Actors', 'Film Production and Distribution', 'Facilities' (product dealers or manufacturers, service providers, etc.) and 'Agencies']. CU reserves the right to add further User Groups.

2.9 CU also offers additional fee-based services in addition to the use of the Platform as a Premium Member.

3. REGISTRATION, CONCLUSION OF CONTRACT

3.1 All makers of film and television content, in particular the User Groups described in Item 2.8 and other providers in the film, television and/or gaming industry may use the Platform. Prerequisite to acceptance to the Platform is generally an education and/or relevant working experience in the respective field, or experience working in at least one industry-specific field of business. Consumers in the sense of Article 13 BGB (German Code of Civil Law) may not use the database.

3.2 A User must be registered with the Platform in order to be able to use it. Each User is obliged to select the User Group pertaining to them and to provide truthful and complete information when responding to the registration questions. If the information changes after the registration has been completed, the User must immediately update their information or – if not able to do so – inform CU of the changes without delay. If a person is registered by an agency, the agency must meet these obligations.

3.3 It is not permitted to register more than once in any given User Group, be it using the same or different names. If the User offers various different services that are categorised in different User Groups, that User can register once in each relevant User Group.

3.4 By sending the completed registration form, the User sends a non-binding request for registration to CU. Once the registration data have been sent, the User is sent an activation code by SMS text message. The sending of the activation code represents a temporary offer from CU to conclude a user agreement with the User. With the activation code, the User can register with CU within the space of 14 days. The code loses its validity after that and the data gathered from the User during the registration are deleted.

3.5 If the User registers with CU using the activation code during its period of validity, this shall be deemed an acceptance of the offer to conclude a user agreement with CU. With the registration, an agreement comes into effect between the User and CU for the use of the Platform. With the registration, the User is given the status 'Member In Application'.

4. ACCESS DATA

4.1 When registering, the User chooses a user name and password. These (hereinafter the 'Access Data') are to be kept secret and safe from being found out by unauthorised parties. The User is aware that third parties can easily delete or change the User's information stored with CU if they have the Access Data. If a User loses their Access Data or finds or suspects that a third party may have used them, they must inform CU immediately and change their password.

4.2 If there is a suspicion of the Access Data being used improperly, CU has the right to freeze the User's account immediately.

5. CREATING PROFILES

5.1 The User can create a profile to present him/herself, a company or, if the User is an agency, for example, third parties on the Platform. Users can change or delete profiles they have created at any time.

5.2 Each person or company may only have one profile in each applicable User Group on the Platform. Duplicates are not allowed. The same applies when a User presents a third party, e.g. an agency presenting an actor who is already in the database.

5.3 All User information disclosed in the profile must be true and updated immediately if it changes.

5.4 Information may only be entered in the boxes provided on the form. Restrictions required by or named in the form are to be adhered to. Only the User's website address may be entered in the 'Homepage' box. It must refer only to the User and serves that person's professional self-presentation. If the user is a company, only the address of the company's official website may be entered.

5.5 In company presentations, only services may be indicated that the company itself can perform. Only fields of business in which the company itself is active may be stated. Performances for which subcontractors have to be commissioned must not be specified.

5.6 The User is responsible for all statements entered in a profile. Users must in particular make sure that no data are activated that enable direct contact to be made with them or the third party they are presenting, unless such contact is expressly desired.

5.7 The User assures that it is authorised by all persons for which it creates a profile to enter them in the CU database. Users must immediately delete profiles that they have created of third parties when the contractual relationship on which the entry is based is no longer in place.

5.8 The User undertakes not to present or take reference to unlawful content. This applies in particular to content that glorifies violence or war, that incites racial hatred, that has a pornographic character or might corrupt young people, or that contradicts the provisions for the protection of personal honour.

5.9 The User must observe copyrights and other property rights of others. CU points out that the consent of the rights holder is often required when displaying photos or films, even if only excerpts thereof. Users putting protected content on the Platform declare that they have the right to do so. CU may demand proof that the rights holder consents to the usage.

5.10 CU reserves the right to refuse to activate profiles or delete existing ones from the Platform for any or no reason. If the User is a Premium Member or Premium Member Video+ or Premium Member Complete, CU only has this right if the profile, its contents or statements made therein violate these Conditions of Use or are otherwise unlawful. CU reserves the right to shorten or alter User information.

5.11 The User's presentation on the Platform serves the purpose of presenting the User's services and coming into contact with third parties that may be interested in these services. For example, freelancers may be asked if they want to work on a production. By creating a profile, the User therefore consents to receiving messages sent by third parties for the purpose of asking about the User's services. If the User does not release contact information, inquiries will be sent using a special contact form that can be found on the CU website. In this case, the User's e-mail address remains undisclosed. In contrast, the User's presentation is not used to send general advertising (e.g. for similar platforms from other providers).

6. PROJECTS, REFERENCES, TRANSPARENCY

6.1 Users can set up links to individual film projects in which they, their company or the third parties they represent were involved. This enables Users to not only make their own work visible to others, but also to clarify their role on the project as a reference. This includes the key information of who else was involved in the project. This is part of the User's reference and of particular importance in media productions. The CU database also guarantees a high level of transparency in the media industry.

6.2 In order to be able to set a link to a project as a reference, the project has to already be in the CU database. If it is not, the User can create the project entry. Subsections 5.2, 5.4, 5.8, 5.9 and 5.10 also apply accordingly. Once stored in the database, the User cannot delete it anymore, and there are restrictions on what project data can be changed, and personal data about the project may only be deleted under special circumstances. The User cannot delete or change the links of other Users to the project.

6.3 All User statements entered about a project must be truthful. Users must not misrepresent their involvement in the project in any way. For instance, if the work was only on a temporary basis, this has to be stated explicitly.

6.4 Users finding that a project has incorrect information must inform CU immediately.

6.5 If a User becomes a Non Member, the User's data stored in the project are generally not deleted.

7. MEDIA FILES

7.1 Premium Member Video+ members can insert media files into their profile. These media files may only be inserted for the purpose of documenting work the User has done. They can be seen by any internet user. It is expressly forbidden to insert entire films or other works, even if split up into excerpts.

7.2 Special care is to be taken to observe the provisions of subsection 5.9 and section 16.

7.3 The media files must meet the stated format requirements. CU is not obliged to process media files, for instance so that they meet the format requirements.

8. BLOCKING AND DELETING CONTENT AND USER ACCOUNTS

If a User breaches these Conditions of Use, CU may block the User Account and block or delete profiles and other content belonging to the User.

9. MARKETPLACES

Subsections 5.3, 5.4, 5.8 and 5.9 apply accordingly to the entering of advertisements in the accommodation or job exchanges or the CU market. CU reserves the right to shorten, change or otherwise process adverts, and to delete them at any time for any or no reason.

10. USE OF PERSONAL DATA

10.1 Contact data and any other personal information of others on the Platform or whom the User only learns about when using the Platform may only be used to initiate contractual agreements that the person in question has recognisably shown interest in in their profile. It is not permitted to use such data for other advertising purposes, in particular advertising services that compete with the CU Platform, by sending the involved party unrequested e-mail, fax, SMS or postal advertising, or by contacting them by phone. This also applies for the use of e-mail contact forms.

10.2 The User undertakes, in the event of a violation of the provisions in subsection 10.1, to pay a contractual penalty of EUR 2,500 to CU. If the violation involves advertising for a competitor of CU, the contractual penalty shall be EUR 7,500.

11. MESSAGE SERVICE

11.1 By activating the message service, the User consents vis-a-vis CU to being sent any number of notifications to the e-mail address or mobile telephone number provided.

11.2 The message service is a free and voluntary service provided by CU. To prevent inappropriate messages being sent, CU only sends messages which it considers may interest all Users or certain User Groups.

12. PREMIUM MEMBER UPGRADE, CONCLUSION OF CONTRACT

By sending the completed application form for the fee-paying Premium Member service, Premium Member Video+ service or Premium Member Complete service, the User makes an offer to CU to conclude the applicable upgrade agreement. CU accepts the offer by activating the extended Platform functions for the User in question. The upgrade agreement is then in force.

13. PAYMENT

The agreed remuneration in the event of an upgrade to Premium Member, Premium Member Video+ or Premium Member Complete is due and payable in advance. The payment is made in the form of a direct debit authorisation for CU or by means of credit card debit. Users domiciled outside Germany can only pay by credit card.

14. PRICE CHANGES

Price changes only come into effect with the User's consent. The User will be informed of any new prices by e-mail at least one month before they come into effect. If the User does not object to the price change within 14 days of receiving the e-mail, this shall be deemed the User's consent. The objection must be lodged in written form. CU will inform the User specifically in the e-mail as to the possibility of objecting and the deadline and the consequences of the User not doing so.

15. CONTRACTUAL TERMS, TERMINATION

15.1 The agreement between the User and CU for the use of the Platform is concluded for an undetermined period.

15.2 The paid upgrade to Premium Member, Premium Member Video+ or Premium Member Complete shall apply for the duration of the period stated in the booking. The upgrade agreement then extends tacitly by the chosen term unless terminated by one of the parties with one week's notice to the end of the contractual term. When the upgrade agreement ends, the User is downgraded to Premium Member or Basic Member.

15.3 The contractual parties can terminate the user agreement, including any Premium Member (Video+, Complete) upgrade agreements, at any time without notice for good cause. Good cause for CU shall be in particular if the User

  • Fails to pay an agreed remuneration on time,
  • Enters false information in profiles or projects,
  • Deliberately deletes or falsifies correct information in projects,
  • Enters information in boxes not designed for that purpose,
  • Repeatedly creates duplicates of a profile or project attributable to them, or commits a serious breach of these Conditions of Use in another way.

15.4 If CU terminates for good cause, its right to an agreed remuneration remains unaffected. CU is in particular not obliged to reimburse any fees already paid.

16. LIABILITY

16.1 CU is liable by law for damage to the User caused with intent or gross negligence due to a culpable breach of material contractual obligations that are the result of an injury to health, body or life or for which product liability laws provide for liability. In all other cases – regardless of the legal grounds – no liability will be accepted.

16.2 Users bear sole responsibility for content and other information that they enter. CU accepts no liability for the correctness of information entered by any User.

16.3 Users are obliged to ensure that back-ups are made of their own content, film excerpts and other information on their own data carriers. In the event of data being lost, CU shall not be liable for restoring the data.

17. INDEMNITY

17.1 The User indemnifies CU from all third-party claims asserted against CU on the basis of published content (e.g. texts, photos, video or audio files) and that are the responsibility of the User. This indemnification encompasses in particular also the costs of a required legal defence by CU.

17.2 The User is obliged, in the event of a legal suit being filed against CU, to provide all information quickly and truthfully that CU requires to examine the claims and defend against them. If the User has entered profiles (e.g. agency for actors) and/or content (e.g. texts, photos, media files) from third parties, the User must present CU with in particular the order and/or approval of the third parties in question.

18. OFFSETTING

The User does not have the right to offset counterclaims, unless said counterclaims are legally binding or not contested by CU.

19. TRANSFER OF CONTRACT TO THIRD PARTIES

CU has the right to transfer its rights and obligations from this contractual relationship with the user, in full or in part, to a third party. The User will be informed of the transfer of contract in text form no later one month before the scheduled date of the transfer. If the User does not object to the transfer in writing within one month of receiving the notification, this shall be deemed the User's consent. CU will inform the User of the option of objecting, the deadline and the consequences of not objecting, in the notification of transfer.

20. CHANGES TO THESE GENERAL TERMS AND CONDITIONS OF USE

20.1 Changes to these General Terms and Conditions of Use General Terms and Conditions of Use only become valid with the User's consent. The new conditions will be e-mailed to the User no later than one month before they come into effect.

20.2 The new conditions will be deemed as having been agreed to if the User fails to object to them within 14 days of receiving the e-mail. Objections must be made in writing. CU will inform the User of their right to object, the deadline for an objection and the consequences of not responding in the e-mail.

21. FINAL PROVISIONS

21.1 If the User is a business person or legal person, a legal entity under public law or a public fund, the sole legal venue for all claims arising from the contractual relationship shall be Munich, Germany.

21.2 German law applies for all disputes arising in connection with this Agreement.

If you have any questions regarding the General Terms and Conditions of Use, you can send us an e-mail to info@crew-united.com and we will respond as quickly as possible.