General Terms and Conditions for online portal
These General Terms and Conditions define the terms of use for the online portal operated by Filmtimer GmbH (in the following “Ft”).
1. Scope, Granting of Rights to use
1.1 These General Terms and Conditions apply to any user of the online portal operated by Ft and refer to all freelance filmmakers, employees of production companies and agencies, extras and models (in the following “User”). Differing terms of the User are being contradicted and they shall not apply and are not effective.
1.2 Subject of the agreement between Ft and the User is the granting of the rights to use the online portal as mediation tool for the User’s film related services. The User is entitled to set up an own online profile presenting his services and enabling him to find contract partners. Ft is solely acting as the operator of the electronic system on which the User hosts his own online content – being external content to Ft –, in his profile.
1.3 Any service contract will exclusively be concluded between the User and another User (i. e. when booking an extra). Ft shall not be involved in this contractual relationship as a party and Ft has no duty to perform such contract. Ft solely serves as an intermediary for such a contract between the Users. Ft has no obligation to perform any offered services. The User’s point of contact shall be the contract partner exclusively. The User has no rights towards Ft based on any service contract. The financial handling of any possible service contract shall take place directly between the Users.
1.4 Ft shall not give any warranty for the quality, availability nor for the presence of any specific characteristics of the services advertised
1.5 Insofar as the User is entitled to use the online portal free of charge (see 3.1 below) he has no right to the publishing of his content on the internet nor to a constant operation nor to a correct function of the online portal.
2. Obligations of the User, Online content and Availability
2.1 The User provides Ft with appropriate picture material (3 graphic files in a common format in the form of a jpg-data file) or texts (in the form of word data files) for the publication which Ft shall accept unexamined and host on its portal. The User covenants to always keep all data provided up to date, in particular any availability data and to immediately update them in the event of changes. For this purpose he shall use the specifications and forms regarding blockings or availabilities provided by Ft in the correct manner. The User’s availability must be derived clearly and conspicuously from the availability calendar. In the event the User has failed to fulfill his duty of giving correct information and should not be available contrary to his disclosure, Ft shall not be liable for any third parties’ claims in connection with any faultily inserted data of availability or with the calendar having not been updated. Ft has the right to block the User’s profile completely or to remove him from the portal.
2.2 The User has to bear the risk of any delayed message to any request or the risk of his inaccessibility and Ft shall not be liable in this respect. Ft shall forward any demands and questions solely by email. There shall be no other type of information by Ft and Ft is not obliged to use any other means of advice (e. g. telephone). Ft does not have to search for the User’s email addresses but shall receive any changes in address unrequested.
2.3 The User warrants that he shall only host picture material or texts in terms of which he himself holds the author’s rights and / or licenses and that their publication does not infringe foreign rights. The User shall provide Ft with a simple right to use the content during the contract term for the contractual purpose. Ft reserves the right to demand further requirements concerning the type of submitted texts, data or picture material at any time or to require subsequent improvements, if necessary, for any factual, legal or technical reasons. The User guarantees by himself that he has examined legally any hosted picture or text material and shall release Ft from any third parties’ claims asserted against Ft in relation with the picture or text material of the User, in particular, but not exclusively, against any identification claims raised by third parties, including any possible legal costs (e. g. attorney’s fees for warning letters).
2.4 The User shall inform Ft if there are any requirements and guidelines regarding the use of identification rights such as trademarks, image right, brands, or the use of letterings, symbols, logos, typical colors etc. to be considered when posting content on the online portal and shall provide Ft with a simple right to use the transmitted documents and / or picture material for the contract purpose as well as in the event any change of rights.
3. Prices and Payment
3.1 Any hosted User who has not activated the calendar function and the profile extension to 30 media data (photographs, videos) shall use the online portal free of charge. The User can change to the status of a paying User if he activates the aforementioned functions by clicking on the relevant box. In this event the User has to pay a charge according to 3.2 and to use the web portal during the term specified in 4.2.
3.2 The remuneration for using the online portal after the activation of the calendar function and the profile extension to 30 media data results from the current price list submitted by Ft (indicated prices are net prices in addition to VAT provided by law) and consists of a yearly using fee which shall be disclosed to the User before the activation. This fee shall be immediately due and payable.
3.3 Ft is entitled to send invoices regarding the remuneration by email.
3.4 In the event of any failure to pay any due fee, the User shall be in default. Any outstanding amounts shall be submitted to interest in the amount of five percent above the base interest rate set forth by the ECB. If any due fee should not be paid despite a reminder and the setting of an adequate grace period, Ft has the right to rescind from the contract and claim compensation for accrued costs and, if appropriate, damages.
3.5 Ft reserves the right to adjust all parts of the usage fee to the general development of prices. If such increase exceeds more than 10 percent, the User can terminate the yearly membership with immediate effect.
4. Term of Contract, Termination of Contract
4.1 The User relationship commences with the User’s registration on the online portal and has a minimum term of one month. Afterwards the User relationship shall be continued for another three months unless one of the contracting parties gives notice of termination of the contract with a time period of 14 days before the end of the subsequent contract term.
4.2 In case the User has activated the calendar function and the extension of his profile to 30 media data (photographs, videos), he acquires a yearly membership. In deviation from 4.1 the User relationship will then have a contract term of further 12 months following the time of activation. Afterwards the contract shall be continued for another 12 months unless one of the contracting parties gives notice of termination of the contract with a time period of 4 weeks before the elapse of the subsequent contract term.
4.3 The right to terminate the contract upon written notice with immediate effect remains untouched. The good cause necessary for such termination is given if one of the parties to the agreement – Ft or the User – severely infringes the duties expressly set forth by these General Terms and Conditions, in particular if insolvency proceedings have been initiated in relation to the assets of a party or if a party has become insolvent or is unable to make payments when due. A good cause is further given if User hosts illegal content on the online portal. Further, a good cause shall be given if the person of the User changes, if the User repeatedly failed to inform about blocked times despite a written warning letter or in the event of repeated infringements against any duties set forth for the User in these General Terms and Conditions despite a written notice from Ft. In the event of any termination with immediate effect, Ft is entitled to block the User’s profile immediately.
5. Warranty
5.1 Ft shall perform its contractual duties diligently, appropriately and conscientiously. If any services should give reasons to a justified complaint, Ft shall be given the opportunity to rework services within an appropriate grace period to be set by the User. Ft is entitled to choose between providing subsequent improvement or supplementary performance. Minor reclamations and insignificant defects (e. g. typing errors) shall not release the right to receive supplementary performance. If the subsequent improvement should fail despite two attempts, the User has the right to reduce the price or rescind from the contract after the fruitless expiry of an adequate grace period set by him.
5.2 Ft shall not give any warranty in any kind regarding the unmistaken and uninterrupted usability of Ft’s website and the User acknowledges that the availability of the website might be contemporarily interrupted because of third parties’ influence which cannot be assigned to Ft (in particular in the form of matters of maintenance, security or capacity or malfunctions of the internet or power outage). Ft endeavors to keep the provided online portal constantly available, if possible.
6. Liability, Limitation of Liability, Period of Limitation
6.1 Ft shall be liable in cases of intentional fault or gross negligence. This limitation of liability shall not apply to damages caused by a case of death, personal injury or health. In cases of slight negligence, Ft shall only be liable in the event of the breach of a substantial contractual duty (Kardinalspflicht) and any claim for damages is limited to such damages which are foreseeable as a possible result according to the contractual relationship and which are typical for the type of contract.
6.2 Ft shall not be liable for all damages culpably caused by the User transferring false or incomplete information or incomplete data which had been owed to Ft or by own failure of the User. Ft is not liable for the availability of the internet.
6.3 Apart from any cases of intentional fault or gross negligence, Ft shall not be liable for any subsequent damages, such as additional expenses, lost profit or missed savings.
6.4 Any claims for material or property damages shall be time-barred within one year starting with the User’s knowledge of the circumstances justifying the claim and of the debtor’s person.
7. Linking to other Websites, Limitation of Liability for Hyperlinks
In the event of any direct or indirect references from Ft’s website to other websites (“hyperlinks”), which are beyond the sphere of responsibility of Ft, Ft would solely be liable if Ft has knowledge of such content and would have been reasonably able to prevent the use of illegal content. All links have been diligently researched and compiled. Ft declares that at the time of placing the link no illegal content was recognizable on the pages to be linked. Ft has no influence on the current and future layout, the content or the authorship of linked or connected websites. Ft dissociates from all content of linked websites which have been changed after the linking and does not make the content its own. The supplier of the linked website shall be solely liable for illegal, false or incomplete content, particularly for damages resulting from the use or nonuse of such presented information; the party referring to such publications through links shall not be liable.
8. Confidentiality, Data Protection
8.1 The User undertakes to use all information obtained in connection with the performance of the contractual cooperation and which are of legal, technical, financial or other business nature, in particular such information concerning the presenting of data, the concept or the communication regarding the web portal strictly confidentially and to not convey such information to third parties.
8.2 Both parties commit themselves to adhere to the provisions of the German Data Protection Act when collecting, processing and using personal data. Ft hereby informs the Contract Partner to raise, process or use data only insofar as necessary for the performance, the conclusion or the termination of the contract. The User has the opportunity to recall his processed data from Ft, to demand information on them or to have them changed / corrected or deleted. The User can at any time oppose the use or the processing of his data for purposes of promotion or market research at no charge by sending a message to info@filmtimer.com. Personal Data shall not be transferred to unauthorized third persons.
9. Partial Invalidity, Supplements of General Terms and Conditions
9.2 Should any provision of these General Terms and Conditions be held invalid, the contract partners shall replace such provision by a valid provision which corresponds as close as possible to the economic interest of the parties pursued by the invalid provision. The other provisions’ validity shall not be affected thereby.
9.3 Amendments or supplements of these General Terms and Conditions must be in writing to become legally valid. This also applies to any waiver of the written form requirement.
10. Jurisdiction and Applicable Law
10.1 The parties shall use their best efforts to settle disputes amicably. The court of Hamburg shall have exclusive jurisdiction. This agreement and the legal relationship between Ft and the User are governed exclusively by German law.
Filmtimer GmbH
Düsterntwiete 55
22549 Hamburg
Geschäftsführer: Benjamin Schubert, Katrin Fifeik
Tel.: + 49 40 46008610
Mobil: + 49 172 4030201
E-mail: b.schubert@filmtimer.com