General Terms and Conditions of SHOWCAST Limited & Co. KG for registration and use of the agency portal www.showcast.de
1. Scope of Application, Change in General Terms and Conditions
1.1. The user registers for an offer of SHOWCAST Limited & Co. KG, Otto-Hahn-Straße 20, Hürth 50345 (hereinafter referred to as SHOWCAST). SHOWCAST provides the user with his offer only on the basis of these General Terms and Conditions (hereinafter referred to as GTC). The GTC form a legally binding agreement between the user and SHOWCAST regarding the use of the services offered. By registering or using this service the user agrees to the validity of the GTC.
1.2. The GTC can be printed by the user prior to registration, and / or digitally stored. If necessary, they can be requested in writing (letter, fax or e-mail) by the user on the mailing address SHOWCAST Limited & Co. KG, Otto Hahn-Straße 20, 50345 Hürth or via fax at 02233-61996249 or e-mail to firstname.lastname@example.org.
1.3. SHOWCAST reserves the right to change the GTC with effect for the future. In this case SHOWCAST notifies the user within two weeks prior to the changes to the GTC and informs the user that the changes will be deemed acceptable if the user raises no objection to the modifications within a period of two weeks from the notification.
1.4. Deviating regulations in the General Terms and Conditions of the user as well as changes, deletions and additions to these GTC by the customer shall only apply if they are confirmed by SHOWCAST.
2. Content, Registration, Conditions
2.1. As a casting and modelling agency, SHOWCAST books models, actors, moderators, promoters / hostesses and other artists (hereinafter referred to as talents). Here SHOWCAST relies primarily on talents who register on www.showcast.de and store their updated profile over there. The booking of artists is governed by the General Conditions of Contract of SHOWCAST with respect to artists.
2.2. Only users aged 16 or above are entitled to register. Users below the age of 18 require the consent of their legal representative for participation.
2.3. The registration is free of charge. It serves as an application in the database and index of SHOWCAST. SHOWCAST provides the user with online registration forms. The registration form is not a binding offer for inclusion in the index of SHOWCAST. Only after sending the registration form by clicking on the login button can a user submit a binding offer to SHOWCAST for inclusion in the index of SHOWCAST.
2.4. The user has no right to be accepted. The user will not receive a notification of the rejection / non-inclusion. The user cannot claim to be booked by SHOWCAST for orders even after the acceptance and activation of his profile.
2.5. During the registration, the user is obliged to provide true, accurate, latest and complete information on him/her according to the specifications of the online form. The user shall manage his profile page by himself. He has to keep his information up to date and correct. The photo must portray the user and should not be older than 2 years.
3. Termination, Modification / Removal / Blocking of the profile
3.1. Users can delete their profile for any reason, at any time and without notice. The stored data and information are then automatically deleted from SHOWCAST. For this, the user sends an email with which he has registered with SHOWCAST to email@example.com,
3.2. SHOWCAST is entitled at its own discretion, at any time and without giving any reason whatsoever to remove the user's password, to disable his profile or delete, change / modify or publish the content elsewhere in the offer in whole or in part, or to prevent any other use of the services by the user.
4. User obligations
4.1. The user is fully responsible for the content of his profile and for all activities carried out under it. This applies also when the user has granted access to his profile to a third party by handing over the password, and for any misuse by the third party who possesses the password no matter why.
4.2. The user is obliged to inform SHOWCAST immediately of any unauthorised use of his password.
4.3. The user agrees to refrain from actions that could affect the operation of the services provided by SHOWCAST.
5. Image rights, exemption
5.1. SHOWCAST is entitled to use or publish the image and / or video material provided by the user on his profile page. The same applies to image and/or video material that the user has sent to SHOWCAST in any other way.
5.2. The user guarantees that the images posted by him are free from third party rights and may be published.
5.3. If SHOWCAST is used by third parties on the basis of the pictures uploaded by the user on his profile page, the user shall exempt SHOWCAST of any liability and thus all financial and other damages. This also includes own lawyer and court costs or costs to be reimbursed to any third party.
6.1. The user agrees that SHOWCAST will collect and process personal data of the user. On request, SHOWCAST provides the user with information about the data stored regarding him or his user name. The information is given in writing (e.g. letter, fax or e-mail).
6.2. The personal data of the user, which is provided to SHOWCAST as part of the business relationship, is treated by SHOWCAST as strictly confidential. SHOWCAST collects, stores, processes and uses this information only if it is required for proper contract implementation. Here SHOWCAST will comply with all privacy law requirements, especially the requirements of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). If the profile of the user is deleted by anyone, the data entered there will also be removed by SHOWCAST.
6.3. SHOWCAST has taken a variety of security measures to protect personal data of the user, which goes beyond the information publicly viewable in profile of the user. This data in particularly is not passed on to third parties. SHOWCAST expressly points out to the user that data protection for data transmission in open networks such as the Internet cannot be guaranteed according to the current state of the art.
7. Liability and Limitation of Liability
7.1. SHOWCAST is liable for intent and gross negligence. Moreover SHOWCAST is only liable for injury of life, body or health or culpable violation of essential contractual obligations according to the Product Liability Act. The claim for damages for breach of contract is limited to the typical, foreseeable damage, provided that there is no other case of mandatory liability according to sentence 1 or sentence 2. .
7.2. The provisions of the preceding section 1 shall apply to all claims for damages, irrespective of the legal reason. They shall also apply to claims for the reimbursement of futile expenses.
7.3. The foregoing limitation of liability shall also apply to the representatives and agents of SHOWCAST.
8. Choice of Law, Jurisdiction, Severability Clause
8.1. For these GTC, the law of the Federal Republic of Germany shall apply with the exclusion of the UN Sales Convention.
8.2. The exclusive place of jurisdiction for all disputes arising directly or indirectly from the use of the online offer provided by SHOWCAST is Brühl, provided that the user is a merchant, a legal entity of public rights or public law special fund.
8.3. If any provision in these GTC is or becomes invalid, the validity of the remaining provisions or agreements shall not be affected by this. The parties shall, as far as the user is a merchant, a legal entity under public law or public special fund, replace the invalid provision with a valid one, which comes closest to the parties' intentions.