GENERAL TERMS AND CONDITIONS OF USE
of Julia Keller
(hereinafter “we or us‘)
Valid from: August 2022
1. SCOPE OF VALIDITY
These General Terms and Conditions of Use contain basic rules for the use of the platforms serial-connect.com and apply, once invoked, for all business transactions and quasi-contractual activities between the User and we/us, also in the future. Terms and conditions of the User that deviate from those contained herein shall not apply. These GTAC may be amended in accordance with the regulations contained in Section 20 below.
2. FREE AND FEE-BASED SERVICES, DEFINITIONS
2.a) the user is not authorized to create an account or use the Services of serial connect unless all of the following are true, and by using our Services, the user represent and warrant that:
- the user is over 18 years old and
- the user is not prohibited by law from using our services;
- The user is not indicateing offens
- the user ist not threat to other users
- the user has not more than one account on our platform
If at any time you cease to meet these requirements, all authorization to access our Services or systems is automatically revoked, and you must immediately delete your account, and we retain the right to remove your access to our services without warning.
2.b) Any User who has registered personally with us, in the sense of these General Terms and Conditions but whose profile or other entries have not yet been activated, is a member in application.
2.c) Every User registered with us, whose profile or other entries have been activated by us, is known as Basic Member. Basic Members are free to use the platform. Basic Members don’t have all of the possible functions offered (such as sensitve data) by the platform.
2.d) Every User registered with us is a Premium Member. Premium members can use additional functions for a fee. Basic Members will turn into Premium Members automatically when the upgrade agreement ends.
2.e) A profile is a collection of data and information about a person or company that describes that person or company in more detail, and which indicates what the person or company offers in terms of services.
2.f) We also offer additional fee-based services in addition to the use of the Platform as a Premium Member – such as calls to a specific group of
3. REGISTRATION, CONCLUSION OF CONTRACT
3.a) All makers of the series industry content, user Group such as:
broadcaster, streamer, producer, showrunner, headwriter, staffwriter, dramaturg, talent – may use the Platform. Prerequisite to acceptance to the Platform is generally an education and/or relevant working experience in the respective field, or experience working in at least one industry-specific field of business. Consumers in the sense of Article 13
BGB (German Code of Civil Law) may not use the database.
3.b) A User must register with the platform in order to use it. Each User is obliged to select the User Group they want to belong to and to provide complete and accurate information when they respond to the registration questions. The User must inform us of the changes without delay if they are unable to do so.
3.c) It is not allowed to register more than once in any given User Group. If the User offers different services in different User Groups, the user can register with the multiple choice function in each group.
3.d) The User sends a non-binding request for registration to us by completing the registration form. The user is sent an activation code by email after the registration data has been sent. The activation code is a temporary offer from us to conclude the user agreement. Within 14 days, the user can register with us. The data gathered from the User during the
registration is deleted after the code loses its validity.
3.e) The acceptance of the offer to conclude a user agreement with us will be considered if the User uses the activation code during its period of validity. An agreement is reached between the User and us for the use of the platform after registration. The User is given the status of Application in Process with the registration.
4. ACCESS DATA
4.a) The User chooses a name and password when they register. They should be kept secret and safe from being found out. If third parties have Access Data, they can easily change the User’s information stored with us. If a User loses their Access Data or suspects that a third party used them, they must inform us immediately and change their password.
4.b) We have the right to freeze the User’s account if there is a suspicion of misuse of Access Data
5. CREATING PROFILES
5.a) A profile can be created for the User. Users are able to change their profiles at any time.
5.b) Each person or company can only have one profile on the platform. They are not allowed to duplicate each other.
5.c) If the profile changes, the user information must be true and up to date.
5.d) Information may only be entered in the boxes provided on the form.
5.e) The user is responsible for statements entered in a profile. Users need to make sure that no data is activated that allows for direct contact to be made with them. It’s applicable to the field: personal description. The description should not contain contact information or reference projects that could lead to the user being traced.
5.f) The user doesn’t want to show or refer to illegal content in his profile. This applies to content that glorifies violence or war, inciting racial hatred, pornography or content that is harmful to children, as well as content that violates the protection of personal honor.
5.g) We have the right to shorten or change User information. We can refuse to add or remove profiles from the platform for any reason. If a User violates these Conditions of Use, we may block the User Account and/or the profiles of the User.
5.h) Users are required to respect the copyrights of the photos they post. Users who post protected content on the platform say they have the right to do so. Proof that the rights holder consents to the use may be required.
5.i) Users are aware that their individual profile will be visible to other people around the world, so they are comfortable sharing their Content before they post. The users agree that their Content can be seen by other users and that other users may share it with third parties. Users uploading the Content represent and warrant to us that they have all
necessary rights and licenses to do.
5.j) The purpose of the User presentation on the platform is to get in touch with third parties that may be interested in these services. Staffwriters may be asked if they want to work in the Writers’ Room. By creating a profile, the User consents to receiving messages from third parties in order to inquire about the User’s services. The user must grant
the request in order for the party to see his complete profile.
5.k). Users who have indicated Inter*, Non-Binary or Open in their gender identity, and have chosen to be found under both female and male, are aware that when comparing both search results, the third party may conclude that they are not exclusively male or female, or do not feel exclusively female or male.
6.a) When registering, users provide a web link that serves as a reference for their professional career. This proof guarantees a high level of professionalism and transparency. We will verify this link, as well as the professional and academic career of the user.
6.b) Users finding that another user has incorrect information, or is promoting content glorifying violence or war, inciting racial hatred, pornographic content or content harmful to minors, as well as content that contradicts the provisions on the protection of personal honor – is obliged to report this immediately.
6.c) Premium Members searching for sensitive data are prohibited from disclosing a user’s diversity characteristics without the user’s consent.
6.d) The contact on the platform may only serve a professional connection. It is not allowed to contact other users through the platform if the reason is a private or sexual interest.
7. MESSAGE SERVICE
7.a) By activating the messaging service, the user agrees to us to receive any number of notifications to the email address or cell phone number provided.
7.b) The messaging service is a free and voluntary service provided by us. To prevent inappropriate messages from being sent, we only send messages that we believe may be of interest to all users or specific user groups.
8. PREMIUM MEMBER UPGRADE, CONCLUSION OF CONTRACT
8.a) The User makes an offer to conclude the upgrade agreement when they send the completed application form for the Premium Member service. We will accept the offer if the extended platform functions are activated. The upgrade agreement is in force.
9.a) The agreed remuneration in the event of an upgrade to Premium Member. The payment is made in the form of a direct debit authorisation for us or by means of credit card debit. Users domiciled outside Germany can only pay by credit card.
10. PRICE CHANGES
10.a) Price changes can only be made with the User’s consent. The User will be notified of any new prices by e-mail at least five weeks before they take effect. If the User doesn’t object to the price change within 14 days of receiving the e-mail, this will be considered the User’s consent. The form for the objection is written. In the e-mail, we will inform the
User about the possibility of objecting and the deadline, as well as the consequences of not doing so.
11. CONTRACTUAL TERMS, TERMINATION
11.a) The agreement between the User and us for the use of the Platform is concluded for an undetermined period.
11.b) The upgrade to Premium Member complete will apply for the duration of the booking. Unless terminated by one of the parties with one week’s notice to the end of the contractual term, the upgrade agreement is tacitly extended. The upgrade agreement ends and the User becomes a Premium Member or Basic Member.
11.c) The contractual parties can terminate the user agreement, including any Premium Member agreements, at any time without notice for good cause. Good cause for us shall be in particular if the User
-Fails to pay an agreed remuneration on time,
-Enters false information in profiles or projects,
-Deliberately deletes or falsifies correct information in projects,
-Enters information in boxes not designed for that purpose,
-Repeatedly creates duplicates of a profile or project attributable to them,
or commits a serious breach of these Conditions of Use in another way.
11.d) The right to an agreed remuneration is unaffected if we end for good cause. We don’t have to reimburse any of the fees already paid.
12.a) We are liable by law for damage to the User caused with intent or gross negligence due to a culpable breach of material contractual obligations that are the result of an injury to health, body or life or for which product liability laws give for liability. No liability will be accepted in other cases.
12.b) Users are responsible for the content and information they enter. We do not accept liability for the correctness of information entered.
13. INDEMNITY and OFFSETTING
13.a) The User is responsible for all third-party claims asserted against them on the basis of published content. The costs of a required legal defence are included in this indemnification. The User doesn’t have the right to offset counterclaims if they are legally binding or not fought by us.
14. TRANSFER OF CONTRACT TO THIRD PARTIES
14.a) The user’s rights and obligations can be transferred to a third party. One month before the transfer’s scheduled date, the User will be informed of the transfer in text form. If the User does not object to the transfer in writing within one month of receiving the notification, this will be deemed the User’s consent. The User will be informed of the options of objecting, deadline and consequences of not objecting in the notification of transfer.
15. CHANGES TO THESE GENERAL TERMS AND CONDITIONS OF USE
15.a) Changes to the General Terms and Conditions of Use can only be valid with the User’s consent. The User will be e-mailed the new conditions one month before they take effect. 15.b) If the User does not object to the new conditions within 14 days, they will be deemed to have been agreed to. Objections can be made in writing. We will inform the User of their right to object, the deadline for an objection, and the consequences of not responding in the email.
16. FINAL PROVISIONS
16.a) If the User is a businessperson, legal person under public law or a publicly owned investment fund, or if it doesn’t have a place of general jurisdiction within the Federal Republic of Germany, the place of jurisdiction for any disputes arising from the business relationship between the User and us will be Cologne is the only place of jurisdiction for legal suits against us. This provision doesn’t affect mandatory statutory regulations on exclusive places of jurisdiction.
16.b) The relationship between us and the User is subject only to the laws of the Federal Republic of Germany, which excludes German
international private law.
16.c) The legally valid provisions that the contractual parties would have agreed upon in accordance with the commercial objectives of the
contractual relationship and the purpose of these General Terms and Conditions if they had recognized the omission shall regulate.
If you have a question about the General Terms and Conditions of Use, you can send us an email to firstname.lastname@example.org.