General Terms and Conditions
For the platform of Stunt Cloud FACES UG
Valid from: 10.1.2022
1 Scope of application, general
The following terms of use apply to the use of the platform. The terms of use can be viewed at any time on our platform under the link "GTC".
The terms of use apply exclusively. Deviating or supplementary GTC's of the members shall only become valid if we expressly agree to their validity.
References to the applicability of statutory provisions are for clarification purposes only. Even without references to the applicability of statutory provisions, these shall apply insofar as they are not amended or expressly excluded in these Terms of Use.
By registering on our platform, you agree to the Terms of Use. 2.
2 Chargeable services, definitions
Stunt Cloud FACES offers paid services to members. 'Member' means any user registered with Stunt Cloud FACES who has entered into an agreement with Stunt Cloud FACES. Members can use all functions of the platform against payment of a fee. Upon termination of the agreement, the member's profile is automatically deleted.
The member creates a profile.
Profile' is a publicly accessible compilation of data and information about a person, through which the person is described in more detail and in which the services offered as well as references of the person are communicated.
In addition to the use of the platform as a member, Stunt Cloud FACES offers further services subject to a fee.
3 Prerequisites, registration, conclusion of contract
The use of the platform is available to all professional stunt performers, artists or athletes, as well as stunt coordinators, choreographers or casters. The prerequisite for inclusion in the database is professional practice of the profession in the respective field. Consumers are excluded from using the database.
The use of the platform requires registration of the user. The user is obliged to provide the data collected during registration truthfully and completely.
If the user offers different services which are to be classified in different user groups, registration in the appropriate user groups is permitted in each case.
By sending the completed registration form, the user submits a non-binding registration request to Stunt Cloud FACES.
After submitting the registration data, the user will receive a confirmation code by email. With the confirmation code, the user can register with Stunt Cloud FACES within 24 hours. After expiry of this period, it loses its validity; the user's data collected during registration is automatically deleted.
If the user registers with Stunt Cloud FACES in good time using the confirmation code sent to him, this is deemed to be acceptance of the offer to conclude a user agreement with Stunt Cloud FACES. With the registration, a contract on the use of the platform is concluded between the user and Stunt Cloud FACES. With the registration, the user receives access to create his profile. He undertakes to pay the fee thus incurred. After receipt of payment and positive editorial review by Stunt Cloud FACES, the profile is activated and is thus publicly visible.
The membership can be terminated by StuntCloud FACES without notice if data is misused or there are justified complaints of discrimination, insult or sexual harassment.
4 Intellectual property and rights of use
The content and photos on the platform are protected under the relevant provisions.
The contents may therefore be subject to copyright, trademark rights, patents or other industrial property rights.
We and our licensors are exclusively entitled to the rights to this content.
The contents may only be used within the framework of the contractual use of the platform. Furthermore, such content, in particular texts and photographs, may not be edited, rented, lent, sold, made publicly accessible or distributed in any other way without our express consent.
5 Special obligations of the members
Both the username and the password of the member are to be treated confidentially. The member is responsible for all activities undertaken under his log-in. He must notify Stunt Cloud FACES immediately if his username, password or account is used in a misappropriated manner or in the event of any other breach of security. When registering, the user specifies a user name and a password. The user name and password of the user (hereinafter referred to as 'access data') must be kept secret and protected from access by unauthorised third parties. The user is aware that third parties can use the access data to delete or change information stored by the user at Stunt Cloud FACES without further ado. If the user has lost his access data or if he discovers or suspects that his access data is being used by a third party, he must inform Stunt Cloud FACES immediately and change his password.
In the event of suspicion of misuse of the access data, Stunt Cloud FACES is entitled to immediately block the user account.
6 Scope of services
The user has the option of creating a profile in order to present himself/herself within the framework of the platform. Created profiles can be changed or deleted by the user at any time.
All information provided by the user in the context of the profile must be true and must be updated immediately in the event of changes.
Information may only be entered in the form fields provided for this purpose. Any restrictions specified by the form or mentioned in the form must be observed. Only the address of a homepage of the user may be entered in the field 'Homepage', which exclusively refers to the person of the user and which serves his professional self-portrayal. If the user is a company, only the address of the official company website may be entered.
In the context of company presentations, reference may only be made to services which can be provided by the respective company itself. Only those business areas may be indicated in which the company itself is active. Services for the provision of which subcontractors must be commissioned may not be mentioned.
The user himself is responsible for all information he enters in a profile. In particular, it is incumbent upon the user to ensure that no data is released which would enable direct contact to be made with the user or the third party presented.
The user assures that all persons who are the subject of a profile posted by him/her are authorised to be entered in the database of Stunt Cloud FACES. He is obliged to immediately delete profiles of third parties posted by him if the contractual relationship on which the entry is based no longer exists.
The user undertakes not to post any illegal content or to refer to such content. This applies in particular to depictions glorifying violence or war, depictions inciting racial hatred, depictions of a pornographic nature or otherwise harmful to young people and content which is contrary to the provisions on the protection of personal honour.
The user must observe any copyrights or other protective rights of others. See point 8.
Stunt Cloud FACES reserves the right to refuse the activation of profiles without giving reasons or to remove posted profiles from the platform. Stunt Cloud FACES only has this right if the profile or individual details or contents communicated therein violate these terms of use or are otherwise unlawful, as well as if the fee has not been paid. In any case, Stunt Cloud FACES reserves the right to shorten or change information provided by the user.
The purpose of the user's presentation on the platform is to present the user's services and to come into contact with third parties who are interested in these services. By creating a profile, the user therefore agrees to receive messages sent to him by third parties for the purpose of enquiring about the user's services. The presentation of the user, however, does not serve the purpose of sending him advertising of a general nature (such as for comparable platforms of other providers).
7 References
The user has the option of setting up links as references to individual film projects in which he has participated.
All information entered by the user for a project must be true.
8 Multimedia files
Media files may only be entered for the purpose of documenting and proving the achievements and previous professional work of the person entering them. They are publicly viewable. The posting of complete films or other works, even if they are divided into individual excerpts, is expressly prohibited.
Users are solely responsible for content and other data posted by them. Stunt Cloud FACES accepts no responsibility for the accuracy of the information posted by a user. The members themselves are responsible for the content and the clarification of rights for image and video material. Pornographic, violence-glorifying and denunciatory image material will be deleted immediately and the profile will be blocked.
The user must observe any copyrights or other protective rights of others. Stunt Cloud FACES points out that the use of photos and films, even if they are only reproduced in part, is only permitted with the consent of the respective copyright holder. If the user posts protectable content on the platform, he/she thereby assures that he/she is authorised to do so. Stunt Cloud FACES is entitled to demand suitable proof from the user that the use is made with the consent of the rights holder.
The media files must comply with the specified format specifications. Stunt Cloud FACES is not obliged to edit the media files, in particular to adapt them to the format specifications.
9 Exemption
The user agrees to indemnify and hold harmless Stunt Cloud FACES in respect of any claim costs relating to any third party claims concerning intellectual property infringements arising in connection with your use of the platform.
10 Blocking and Deletion of Content and User Accounts
In the event of a breach of these Terms of Use by the user, FACES is entitled to block the user account and delete the profile.
11 Handling of members' contact data
Contact data or other personal data of others, which are contained in the platform or of which the user otherwise becomes aware in the course of using the platform, may only be used for contractual use, in which the person concerned recognisably signals an interest on the basis of his profile.
It is prohibited to use corresponding data for other advertising purposes, in particular for advertising services which compete with the platform of Stunt Cloud FACES, and to send unsolicited e-mail, fax, SMS or postal mail advertising to the person concerned or to contact him/her by telephone without being requested to do so.
The user undertakes to pay a contractual penalty of EUR 10,000.00 to Stunt Cloud FACES for each case of infringement.
12 Payment
The agreed remuneration is due for payment in advance.
Payment shall be made by PayPal, credit card or direct debit. All orders are processed via our payment service provider "DigiStore24 GmbH". The respective general terms and conditions of the provider apply, which you can view here: www.digistore24.com/legal/terms.
13 Price changes
Price changes only become effective with the consent of the user. The new prices will be sent to the user by e-mail at least one month before they come into effect. The consent shall be deemed to have been given if the user does not object to its validity within 14 days of receipt of the e-mail. The objection must be in text form.
14 Contract periods and termination of the user contract
The fee-based contract between the user and Stunt Cloud FACES on the use of the platform is concluded for a definite period of time, in each case for the period specified at the time of booking.
If the user terminates the agreement before expiry of this period for an indefinite reason, Stunt Cloud FACES shall not be obliged to refund any fees paid.
The agreement is tacitly extended by the selected term in each case unless one of the parties terminates the agreement with two weeks' notice to the end of the contract term. Upon termination of an agreement, the user's profile will be deleted.
Any termination must be in writing (e-mail or letter) to be effective.
The contracting parties may terminate the user agreement at any time without notice if there is good cause for doing so. Good cause exists for Stunt Cloud FACES in particular if the user does not pay the agreed remuneration, provides false information in profiles or projects, intentionally deletes or falsifies correct information in projects, seriously violates these terms of use.
If Stunt Cloud FACES terminates for good cause, the claim to any agreed remuneration remains unaffected. In particular, Stunt Cloud FACES is not obliged to repay any fees paid.
15 Warranty and Liability
Stunt Cloud FACES is only liable for intent and gross negligence. Further claims for damages and expenses, irrespective of the legal grounds, in particular for breach of duties arising from the contractual obligation and from tort, are excluded.
Users are solely responsible for content and other data posted by them. Stunt Cloud FACES accepts no responsibility for the correctness of the information posted by a user.
In the event of a loss of data, Stunt Cloud FACES is not liable for the effort required to restore the data.
16 Changes to the General Terms and Conditions of Business and Use
Changes to the General Terms and Conditions of Business and Use shall only become effective with the consent of the user. The new terms and conditions will be sent to the user by e-mail at least one month before they come into effect. The new terms and conditions shall be deemed agreed if the user does not object to their validity within 14 days of receipt of the e-mail. The objection must be in text form. Stunt Cloud FACES will separately inform the user in the e-mail of the possibility of objection, the deadline and the consequences of the user's inaction.
17 Jurisdiction and Final Provisions
The contracts of use concluded between Stunt Cloud FACES and the user under these terms of use are exclusively subject to the law of the Federal Republic of Germany to the exclusion of German international private law.
The registered office of Stunt Cloud FACES is agreed as the place of jurisdiction for all legal disputes arising from or in connection with the use of this platform.
Insofar as translations of these terms of use are made into other languages, only the German version shall remain legally binding.
