Mallorca film Commision

Preamble

Mallorca film Commision (hereinafter referred to as "PROVIDER") operates www.mallorcafilmcommission.prestage.io (hereinafter referred to as "SYSTEM"), a platform for resource collection and provision for the media industry.

PROVIDER enables persons who are interested in participating in a production as freelancers, performers, commissioned companies, location scouts, etc. to make themselves visible; In addition, persons may offer locations as filming locations or make them available for a production (collectively referred to as "USERS"). Users can register via SYSTEM and are thus included in a general database of filmmakers and locations. Each USER can create a profile and, subject to the approval of the PROVIDER, make it publicly visible and be contacted via the system or publicly display their contact details.

Having said that, the following General Terms and Conditions of Use apply between the parties.
1. Scope

The relationship between the PROVIDER and the USER is governed exclusively by the following Terms of Use in their current version. Any deviating terms and conditions of the Users shall not be accepted unless the PROVIDER expressly agrees to their validity in writing.
2. Registration

The use of PROVIDER's offer is open to persons who are seriously interested in participating in a production as a crew (freelancer) or other contributors behind the camera, as a cast (actors, extras or other contributors in front of the camera), as well as for persons who would like to make a location (house, apartment, property, space, area, building, etc.) available for productions as a filming location.

In order to use SYSTEM, it is necessary to register with truthful indication of the first name, surname, e-mail address and other information of the USER. The USER chooses a password. The USER will then receive a confirmation of registration from the PROVIDER by e-mail; this constitutes a free user agreement between the USER and the PROVIDER (hereinafter referred to as the "User Agreement"). The PROVIDER is not obliged to send a confirmation of registration. The user contract is also concluded when the USER registers via his Facebook account (so-called Facebook Connect). In the event of changes to the information provided pursuant to sentence 1, it must be updated immediately. For underage USERS, Section 6 also applies.

Multiple registration of the same USER is not permitted.
3. Credentials

The e-mail address and password chosen by the USER (hereinafter referred to as "ACCESS DATA") must be kept secret and secured against access by unauthorized persons. If the ACCESS DATA is lost or if the USER has any indications that they have been lost, the USER must inform the PROVIDER immediately and change his password to SYSTEM.

In the event of a reasonable suspicion of misuse of a USER ACCOUNT, the PROVIDER is entitled to block the USER account immediately. Only when proof of the identity of the USER is provided and at the same time a change of password is made by the USER, the PROVIDER can unblock the USER ACCOUNT again.
4. Posting and deleting content by the USER

In many cases, the USER has the option of uploading his or her own content to SYSTEM in form fields. In doing so, any style sheets and other specifications of the form fields must be observed.

The USER may only post content that serves the purpose of SYSTEM, for example by publishing showreels, information about the USER's personality, appearance, skills, web presence (hyperlinks) and CV.

The USER undertakes to post only lawful content. Accordingly, depictions are prohibited that incite racial hatred, contain pornographic, youth-endangering or insulting elements, or which may otherwise not be disseminated in individual cases after weighing the user's freedom of art and expression with the personal rights of the persons concerned. The creation of a profile by another person requires the consent of the USER concerned.

The USER is obliged to comply with the applicable laws, in particular any copyrights and property rights as well as imprint obligations. In particular, showreels, other videos as well as texts or photos of persons and motifs may be subject to the exclusive right of use of third parties, so that the USER requires the consent of the third party for publication. If the USER provides protectable content on SYSTEM, he/she assures the PROVIDER of his/her authorisation to do so. The PROVIDER may require the USER to provide proof of eligibility.

The information provided by the USER must be truthful and must be updated immediately in the event of changes.

Users are solely responsible for content posted by USERS. The PROVIDER does not guarantee the accuracy of this information.

The USER can change or delete the data entered by him at any time after logging in with his ACCESS DATA on SYSTEM.

The PROVIDER is entitled to delete or block individual contents of the USER if it considers that it violates the General Terms and Conditions of Use or applicable law. In this case, the USER has the opportunity to make a statement to the PROVIDER.
5. Data backup and indemnification entitlement

The USER is responsible for the backup of his data on SYSTEM by means of backup copies. The USER indemnifies the PROVIDER against all claims of third parties which they assert against the PROVIDER on the basis of content posted by the USER and for which the USER is responsible. In particular, the indemnification also includes the costs of a necessary legal defense of the PROVIDER. In the event of an assertion of claims by third parties, the USER shall immediately provide the PROVIDER with information of such information as the PROVIDER requires for the examination and defence of the asserted claims. In particular, the USER must submit declarations of consent from third parties if property rights to posted content are in dispute.
6. UNDERAGE USERS and legal representatives

USERS who have not yet reached the age of 16 will be admitted as underage USERS on SYSTEM only with the participation of the respective legal representative. For underage USERS under 7 years of age, only the legal representative can conclude the User Agreement. Underage USERS from 7 years of age can conclude the User Agreement themselves, but only with the consent of their legal representative.
7. Duration of the Contract and Termination of the User Agreement

The user contract runs for an indefinite period of time. It can be terminated by either party with a notice period of 2 weeks to the end of the month in text form.

Termination of the user agreement without notice in text form is permissible if there is an important reason that makes the continuation of the contract unreasonable for the terminator, also taking into account the legitimate interests of the contractual partner. In particular, good cause exists if the other party to the contract violates its obligations under these Terms of Use and the PROVIDER has unsuccessfully set a deadline for the USER to remedy the situation or has unsuccessfully issued a warning. However, there is no need for a remedial period or warning if the other party seriously and definitively refuses to fulfil its obligations or if there are circumstances that justify immediate termination after weighing up the interests of both parties. The right to claim damages is not excluded by the termination.

Immediately after an extraordinary termination or after the expiry of the notice period for an ordinary termination, the PROVIDER will delete the USER account and the personal data associated with it. This does not affect the USER's ability to log in to SYSTEM with his ACCESS DATA and to use the "Delete Account" function to delete his account and thus all his personal data, insofar as these are no longer required for the execution of the contract. Deletion shall be replaced by blocking insofar as deletion is precluded by statutory, statutory or contractual retention periods.
8. Use of USER DATA

The USER is prohibited from reading the posted and non-viewable data of external USERS on SYSTEM in any way (e.g. manually or via web crawler). In the event of a USER failing to comply with this obligation, he/she shall pay to the PROVIDER a contractual penalty to be determined by the PROVIDER at its equitable discretion, to be reviewed by the competent court in the event of a dispute.
9. Liability

Claims by the USER for damages are excluded. Excluded from this are claims for damages by the USER due to injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the PROVIDER, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

In the event of a breach of essential contractual obligations, the PROVIDER shall only be liable for the foreseeable damage typical of the contract, if this was caused by simple negligence, unless it concerns claims for damages by the USER resulting from injury to life, limb or health.

The limitations of the two preceding paragraphs also apply to the benefit of the legal representatives and vicarious agents of the PROVIDER if claims are asserted directly against them.
10. Prohibition of set-off

A set-off by the USER is excluded, unless the set-off is declared with an undisputed or legally established claim.
11. Contract takeover

The PROVIDER may transfer all or part of the rights and obligations under the User Agreement to third parties.

The planned assumption of the contract will be notified to the USER in text form at least one month in advance. The USER may object to the takeover in writing within three weeks of receipt of the notification. Unless the USER objects within three weeks of receipt of the notification, his/her consent is deemed to have been given. The PROVIDER will specifically inform the USER of the intended meaning of his behaviour by means of the advertisement.
12. Modification of the General Terms and Conditions of Use

The PROVIDER may, with the consent of the USER, modify the General Terms and Conditions of Use.

The PROVIDER will notify the USER of the new General Terms and Conditions of Use in text form. The USER may object to the new General Terms and Conditions of Use within two weeks of receipt of the advertisement in text form. If he fails to do so, his consent is deemed to have been given. The PROVIDER will specifically inform the USER of the intended meaning of his behaviour by means of the advertisement.
13. Final provisions

Should any provision of these Terms of Use be invalid, this shall not affect the validity of the remainder of the Terms of Use. The invalid provision will be replaced by an effective one that comes as close as possible to what is economically intended.

The place of jurisdiction for all disputes arising from the contractual relationship between the PROVIDER and the USER is Palma.

The contractual relationship is subject to Spanish law.

As of: 16.01.2024

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