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StagePool™ AB (hereinafter referred to as SP) operates a service in which producers, casting agents and other employers (hereinafter referred to as Users) can place advertisements for job vacancies for media professionals on the SP website www.stagepool.com (hereinafter referred to as the Website) free of charge after prior registration (hereinafter referred to as the Advertisement Service). Furthermore, SP offers a service that enables users to use the SP Directory (hereinafter referred to as the Directory) (both services together hereinafter referred to as the Service). The terms and conditions in this Agreement (from here on: Agreement) apply from February 2014 until further notice.
Companies and natural persons can register as users on the website free of charge and create an account through which they can use the SP service free of charge. The use of the directory service is only possible after a separate authorisation by SP following registration. If natural persons register as users, these users must be at least 18 years old or have the consent of a parent or legal guardian. Companies must provide the name of an authorised representative when registering. When registering, the user chooses a user name and password; if the registration is accepted by SP, the user name and password for using the website are assigned to the user and the account is created for the user. The user name and password are not transferable and may only be used by the user and, in the case of a company, only by the person named as authorised representative. The user is responsible for ensuring that the user name and password are stored properly and are not accessible to third parties and will not pass them on to third parties. The user shall also be responsible for any activity carried out using his/her account, in particular for any unauthorised use of the service, including any information entered by the user. If the user becomes aware of access to his account by third parties, he must inform SP immediately; SP will block the relevant user name and password in this case. By registering with SP, the user undertakes to comply with the terms of the agreement. SP reserves the right to refuse the registration of a user and the activation of the directory service without giving reasons, in particular if SP classifies the user as dubious or fears damage to the service and SP; the user will be informed of the refusal. The user is entitled to terminate his registration at any time by means of a declaration in text form (letter, email or fax) or by means of the steps provided for this purpose on the website.
By registering on the website, the user gains access to an advertisement tool and can use the advertisement service. When using the advertising service, the user can advertise an unlimited number of job offers for the target group of media professionals, for example with information about current auditions and castings, free of charge on the website. SP endeavours to activate the advertisements as quickly as possible. SP may check adverts before they are activated, in particular for target group relevance, seriousness and compliance with applicable laws. SP reserves the right not to activate advertisements on the website without giving reasons, in particular if they appear to be unsuitable after review. SP is authorised to change and subsequently publish advertisements with the user's consent. Insofar as SP reviews advertisements, this is a service exclusively for SP members (artists); under no circumstances does the review release the user from his/her responsibility for the creation and content of the advertisement, in particular not from the obligation to ensure that the details of the advertisement are correct, that the content is relevant to the target group, that the advertisement is meant seriously and that the texts do not violate applicable laws and, above all, do not contain any offensive, insulting or discriminatory content.
The user can only use the directory service after separate authorisation by SP. When using the directory service, the user can view SP's member file in order to search for suitable members (artists) for a job vacancy for the target group of media professionals. The directory service is subject to special conditions, which the user must agree to separately. SP may refuse authorisation for the directory service at any time without giving reasons.
The user expressly agrees that SP may conduct online marketing with the job offers and, for this purpose, post the job offers on external portals or social networks (in particular on Facebook, Twitter, Google and similar providers) and publish the content of the job offers on external portals or social networks (in particular on Facebook, Twitter, Google and similar providers).
The user is free to revoke his/her consent to the posting of the job advertisement on Facebook when submitting the job advertisement or not to give his/her consent in this regard (link).
SP endeavours to provide access to the service 24 hours a day. However, SP reserves the right to temporarily suspend the Website and the Service or parts of the Service, for example to carry out necessary maintenance work on the system. SP reserves the right to modify the Website at any time and to discontinue the Website and/or the Service.
The privacy policy of StagePool applies.
By accepting the User Agreement, the User consents to StagePool using the User's data in accordance with StagePool's Privacy Policy. StagePool observes the statutory data protection regulations. User data will be treated confidentially. Data will only be passed on to third parties if this is permitted by the data protection regulations or if the User consents to this.
All rights or rights of use to the content used on the Website, i.e. in particular to texts, photographs, images and layout, font and colour design, are held by SP. The User is prohibited from utilising the aforementioned contents of the Website in physical form, in particular from reproducing and/or distributing them, as well as from reproducing them publicly in non-physical form, in particular from making them publicly accessible, without the prior express consent of SP.
If the User uses content such as company and trade marks, images, photographs, text and links to his own or third-party websites or similar for advertisements, or makes these available to SP in individual cases, the following shall apply: The User warrants that all rights required for the use of this content within the framework of the Website are held by the user and that the use of the content within the framework of the Website does not infringe the rights of third parties.
When the User uses SP or sends emails, text messages or other communications to us from the User's computer or mobile device, the User is communicating with SP electronically. SP communicates with the User electronically in various ways, e.g. via email, text messages, in-app push messages or by posting electronic messages or other communications on the Website or as part of other StagePool Services. For contractual purposes, the User consents to receive electronic communications from SP. The User agrees that all consents, notices, disclosures and other communications will be communicated electronically, unless otherwise required by law.
SP takes no responsibility for the content and accuracy of contact and other information provided by members (artists). Insofar as orders are concluded between the User and members (artists) as a result of using the Service, this only establishes rights between the User and member (artist); the User and member (artist) are responsible for the respective order themselves; SP takes no responsibility for this.
In accordance with the statutory provisions, SP shall only be liable for damages arising from or in connection with the use of the Website, regardless of the legal grounds, if SP or its vicarious agents have caused these damages intentionally, through gross negligence or - in the case of injury to life, limb or health - through slight negligence. Otherwise, SP shall only be liable for damages caused by slight negligence in the event of a breach of a ‘material’ obligation under this agreement. ‘Essential’ obligations in this sense are obligations that are necessary for the fulfilment of the Agreement, the breach of which would jeopardise the achievement of the purpose of the Agreement and compliance with which may therefore be regularly relied upon. In these cases, liability is limited to typical and foreseeable damages.
Should third parties assert claims against SP due to the use of the Service by the User, in particular because the content used by the User violates Article 5 or Article 2 of the Agreement, the User shall indemnify SP from this and hold SP fully harmless, in particular with regard to claims for damages and reimbursement of expenses.
SP has the right to delete the User's registration with immediate effect without giving reasons, in particular if it becomes apparent that the User is in breach of his obligations under this agreement, if information in the User's account and/or the User's behaviour is contrary to public decency or applicable laws or the rights of third parties or may lead to claims for damages against SP. However, SP will inform the User before the account is cancelled.
SP reserves the right to change the terms of the Agreement at any time. SP will notify the user of the changes by e-mail or via the Website two weeks before the change comes into effect. If the User does not object to the change within four weeks of receipt of the e-mail or notification via the Website, the change shall be deemed to have been accepted by the User; SP shall make specific reference to this consequence with the notification of the change to the terms and conditions.
Changes concerning the technical or administrative area as well as the further development of the Website can be made at any time. SP reserves the right to change exclusive offers stated on the Website at any time. SP will notify the user of these changes by e-mail or via the Website.
SP offers Partners and Advertisers the opportunity to advertise their products and/or services on the Website and to be seen by Members and potential Members.
The following applies to SP Partners:
A partner must offer SP members at least a 20% discount on its services or products. Registration takes place via the SP Website. A partner is given their own ‘partner page’ in the category appropriate to their offer. SP reserves the right to refuse a partnership or to change the advertisement with the partner's consent. Registration as a partner is free of charge. Partners also have the option of being represented on the website with banner adverts. There is a charge for banner advertising, which is calculated according to the number of clicks. For other marketing options, please contact SP. Otherwise, §6-12, §14-16 and §18 of the terms and conditions for companies apply.
The following applies to SP advertisers:
An advertiser has the opportunity to market its products and services to SP members, potential members and production companies. SP reserves the right to refuse an advertiser and/or to change the advertisement with the advertiser's consent. Please contact SP for our current prices, special offers and various marketing options. In addition, §6-12, §14-16 and §18 of the Terms and Conditions for Companies apply.
The place of jurisdiction for this agreement is Berlin. However, SP is also entitled to bring legal action against the user at the user's general place of jurisdiction. German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
SP has the right to assign this Agreement to others or to assign claims based on this Agreement to others. The User shall have no right to assign or transfer this Agreement or any rights or claims under this Agreement to others without the written consent of SP.