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StagePool™ AB (hereinafter: SP) operates an online search and/or advertising service (hereinafter: Service) for producers and casting agents (hereinafter: Company). The service can be registered for and subscribed to on the SP website www.stagepool.com (hereinafter: Website). The terms and conditions contained in this agreement (hereinafter: Agreement) cover registration, the purchasing of a subscription, the handling of information and putting people in contact with each other. The Agreement shall apply from September 6, 2004, until further notice.
Producers and casting agents (hereinafter: Company) can register an account on the SP website on which its employees (hereinafter: User) can be registered to use the service. The registration should be made by a person in the Company who has the authority to do so. The Company bears full responsibility for the use and signing off of the service and for allowing the employees concerned to access the service. The Company also bears responsibility for ensuring that the person who registers is over 18 years of age or has the permission of a legal guardian. If an account is created, there will be at least one User who has selected a user name and password. User names and passwords may not be transferred and may only be used by the User or a person authorised by him. The company bears responsibility for storing the user name and password correctly such that a third party cannot gain access to them. Regardless of how an unauthorised third party manages to gain access to the user name and password, the Company is responsible for any unauthorised use of the service, including all details entered by the User, until the User asks SP to block the user name concerned and its password. By marking the appropriate field with a cross and clicking on the button for registering the user details, the Company obligates itself to make the subscription payments and to obey the terms and conditions of the User Agreement. SP reserves the right to refuse to register a Company and/or User if SP believes they are dubious or if there is the risk of damage being caused to the service or SP.
Advertise for free
The “Advertise for Free” subscription form allows for an unlimited number of Users. The “Advertise for Free” Subscription has certain feature limitations with regard to the service. Subscription is free of charge.
Up to three (3) Users are included in the “Artist Catalogue” Subscription. Other users can be added on payment of a pre-defined fee. If another user is added during an ongoing subscription period, the usage fee will be reduced by an amount which will relate to the period of time which has elapsed since the Subscription was taken out (does not apply if paying by direct debit). The “Artist Catalogue” Subscription has no feature limitations and fixed subscription fees apply only.
The User who is registered first (hereinafter: Moderator) is responsible for adding and removing users. Only the Moderator has the option of renewing the Company’s Subscription and/or upgrading, if this is possible. If necessary, several Users in a Company may function as Moderators. The decision on this will be taken by SP.
Advertise for free
By registering for the “Advertise for Free” free subscription service on the Website, the Company, and thus its Users, are given access to the advertising tool. The Company may post an unlimited number of advertisements with information on current auditions and castings. The company authorises SP to change and publish the advertisements that have been posted after checking them. The Company bears responsibility for the details in the advertisement being correct, for the content being relevant to the target group and for the texts not containing any objectionable, insulting or discriminating phrasing. The Company obligates itself to change the content of the advertisement if important information has changed. By posting an advertisement, the Company assumes the responsibility for checking and answering all applications it receives in the permitted time period, insofar as this is possible. By posting and publishing an eChiffre advertisement, the Company obligates itself to take heed of and reply to all applications received within 30 calendar days of the end of the application period. If the roles are filled before the application time elapses, the company must terminate the advertisement early so that there are no further applications if all roles are already filled. If a User other than the Moderator deletes an advertisement, the advertisement and the history of the advertisement will be forwarded to the Moderator of the Company.
By registering for the “Artist Catalogue” fee subscription service on the Website, the Company is given access to all StagePool members in the Artist Catalogue who have selected “Gold” membership. Information and material from the Artist Catalogue is made available through services such as eChiffre, Artist Catalogue, my bookmarks and in the form of applications through advertisements and answers to personal messages. All services contained in the “Advertise for Free” service (see above) apply for the “Artist Catalogue” service also. All terms and conditions relating to the “Advertise for Free” service also apply as they do for the “Artist Catalogue” service. The number of artists in the Artist Catalogue may vary, depending on the active number of members at SP. The User can search at will through the Artist Catalogue. For security reasons, SP has limited the search results to a maximum of 200 hits. The use of the SP service makes it possible for the User to contact the artist via the platform or by an external means of communication. In the interim, SP reserves the right to withhold information on members (artists) at SP from the Company if SP believes this is appropriate.
The following applies with regard to paying the subscription fee for the “Artist Catalogue” service:
SP reserves the right to adjust the price for subscriptions and other services at any time. Companies with ongoing direct debit payments will be informed of any price increase 30 days in advance at the latest. In the case of missed payments from the Company or a lack of funds for a monthly direct debit, SP shall send a reminder invoice with a dunning charge.
SP shall make every effort to ensure that there is 24-hour access to the service every day. However, SP reserves the right to suspend the website and service or parts of the service temporarily in order to carry out necessary maintenance work on the system. SP accepts no responsibility for an interruption to the service if circumstances arise which are outside of SP’s control and which SP could not have foreseen.
By accepting the User Agreement, the User of the Company assents in accordance with Section 10 of the Swedish Data Protection Act (SFS 1998:204) to SP registering and handling the personal data of the User and the Company as is necessary for it to optimally administer the service.
Property rights, copyright and other immaterial rights with regard to the service and all parts of the service belong to SP with the exceptions mentioned below. The Company and its Users do not have the right to pass on their access rights to the service to a third party or to let a third party take part in any other way in the service and its content. The Company is forbidden from circulating, copying or publishing texts or other information from the service for the purposes of its own profit. If the Company provides SP with company or trade brands, pictures, photographs, text, and such for the purpose of setting up its own individual StagePool information, the following shall apply - the Company shall be responsible for having acquired all rights needed with regard to the material for its StagePool. The same applies if the company does not provide material but asks SP to set up its individual pages. If a claim for indemnification is filed against SP due to the aforementioned conditions not having been fulfilled, the Company is obliged to reimburse SP in full for the damages which have arisen and all further costs which have arisen for SP as a result of this. Material which the Company gives to SP in connection with its registration and which it requests returned as soon as possible shall be returned to the Company as soon as the individual StagePool page has been created. SP has no right to use the material for anything other than the Company concerned.
If the Company’s account is erroneous, the Company must inform SP of this as quickly as possible by sending notification of this. After receiving such notification, SP is obliged to rectify the error at its own cost within 14 days. If the error has not been rectified within 14 days, the Company has the right to an appropriate reduction in price. The Company has no right to any other form of compensation other than a price reduction. The price reduction is limited to the Subscription amount. There shall be no reimbursement for indirect damage such as lost income, unrealised profits, reduced production or erroneous use. Errors which are due to a force majeure and which SP could not have foreseen or the consequences of which they could not have avoided shall not result in a price reduction. SP is not responsible for the functioning of all functions on the Website for Users who do not use recommended standards concerning web browsers and operating systems. SP publishes on its Website, from time to time, a description of what constitutes such recommended standards. However, SP undertakes to attempt to solve any problems which may occur in conjunction with the use of other web browsers and operating systems.
SP shall not accept any responsibility for contact details and orders made through the service. SP shall not accept any responsibility for direct, indirect or other damage to persons or objects or for losses which affect the Company or its Users or third parties in relation to an error or interruption in the service or to information garnered from the service. SP shall not accept any responsibility for protected data which is transferred to the service during the transmission of data.
SP has the right to delete the registration of a Company and/or his Users with immediate effect if it emerges that the details in the User’s account and/or the behaviour of the User is morally questionable, could be construed as sexual innuendo, is immoral, contravenes generally accepted law, contravenes the rights of third parties or could lead to claims for compensation bring filed against SP. The same applies in cases where SP becomes aware that the service is being used in a manner which contravenes the Agreement. However, SP will inform the Company of this before deleting the account. If SP is affected by claims for compensation from outsiders or if other costs arise for SP as a result of the behaviour of the User, the Company is obliged to reimburse SP for these costs.
The parties are absolved from certain obligations contained in the Agreement if certain circumstances arise which prevent or significantly hinder the meeting of obligations. These circumstance include, for example, changes to the law, changes in personnel, illness or other restrictions on the workforce, death, labour market disputes, strikes, lightning, fire, flood, loss or destruction of data, lack of fuel, lack of transport devices, lack of goods or energy or errors or delays in the delivery of goods due to supplier error. Faults in the general data, telephone and mobile phone network and hardware or software faults. If a party wishes to allude to such a circumstance, they must inform the other party of this without delay.
SP is obliged to deactivate inactive Companies or Users within two weeks of receiving a written cancellation. The Company has no right to be reimbursed for payments already made for the Artists Catalogue Subscription. SP has the right to cancel the Subscription with immediate effect if the Company and/or its Users contravene Agreement regulations and there is no statement from the Company within 14 days of being informed of this.
Current information in relation to services can be found on the Website. The Company should contact SP by using the “Contact” category on the Website. Otherwise, all communication should be by e-mail or, if this is not possible, by fax or registered letter. A message shall be considered to have reached the recipient:
if sent by e-mail, as soon as the recipient confirms its receipt,
if faxed, when the recipient faxes a confirmation,
if sent by registered letter, three (3) days after it has been handed in to the post office.
SP offers partners and advertisers the possibility of advertising their products and/or services on the Website where they will be seen by members and potential members.
The following applies for SP partners:
A partner must extend a discount of at least 20% on its products or services to SP members. Registration must take place via the SP Website. A partner shall receive his own “partner page” in the category that suits his offer. SP reserves the right to decline a partnership or to change the advertisement after consulting with the partner. Registration as a partner is free of charge. As a partner, there is the possibility of having extra representation by means of a banner ad on the Website. There is a fee for banner advertising which will be calculated according to the number of clicks. Please contact SP for other marketing possibilities. For the rest, Sections 6-12, 14-16 and 18 of the company’s terms and conditions shall apply.
The following applies for SP advertisers:
An advertiser has the option of marketing his products and services to SP members, potential members and production companies all across the German-speaking area. SP reserves the right to decline an advertising relationship and/or to change the advertisement after consulting with the advertiser. Please contact SP for our current prices, special offers and various marketing possibilities. For the rest, Sections 6-12, 14-16 and 18 of the company’s terms and conditions shall apply.
Swedish law and jurisdiction apply to this agreement.
SP is entitled, without the User’s approval, to assign this agreement to another party. The User is not entitled to assign this agreement or its rights and/or obligations under the agreement to another party without SP’s written approval.