1. Contract basis and contract conclusion

Skillzcard GmbH, Am Vorgebirgstor 37, 50969 Köln, Germany (the “Operator”) Tel: +4915119605867, E-Mail: info@skillzcard.com, operates a platform that can be accessed via a web browser or an app on a terminal device.

The Skillzcard platform allows registered users (a “user”) to professionally present and export their profile data and portfolio in the digital world of the artist market and to establish connections with various agencies, customers and artists. (the “Platform”). The operator also offers the user mediation services and search functions via the platform. These Terms of Use (hereinafter jointly referred to as “Terms of Use”) apply between users of the Platform and the Operator of the Platform.They also apply to all purchases, subscriptions and updates of the Platform. The use of the platform is generally free of charge. Prerequisite for the use of the platform is a registration of the user. These Terms of Use shall become the binding contractual basis for the use of the Platform as well as the use of individual Services upon conclusion of the registration. You can view and save the text of these Terms of Use under Settings, Terms of Use. As a rule, registration requires the specification of an e-mail address, a user name and an individual password as well as an optional photo. The password can be changed subsequently. If users have registered for the platform, they will receive an e-mail confirmation of successful registration and a request to activate their user account. Within this e-mail, users will find a link through which they must confirm their registration.

2. Booking of premium memberships at extra cost

With a Premium Membership the functionality of the platform can be extended by certain Pro Features. Premium membership is subject to a fee. It can be booked by you using a credit card and Paypal. In order to be able to book the Premium Membership, prior registration in the platform is required. A Premium Membership can be concluded either for the period of one month at the price of 17.99€ for Artist- and 27.99€ for Businessprofiles (the “Monthly Membership”) or for one year at the price of 179.90€ for Artist- and 279.90€ for Businessprofiles (the “Yearly Membership”). A monthly membership can be cancelled up to 14 days before the end of one month from the day of booking the monthly membership. If the monthly membership is not cancelled, it will be extended by another month. An Annual Membership may be cancelled up to three (3) months prior to the expiry of one year from the date of booking the Annual Membership. If the annual membership is not cancelled, it will be extended for a further year. The scope and features of the Premium Membership can be extended over the booked period, but cannot be reduced. For the payment handling of the premium membership the conditions of the company “Braintree” apply. The operator has no access to the payment data of the users and does not process these further. The operator therefore assumes no liability for errors or the loss of payment data occurring during the payment process. The presentation of the Premium Membership or the Pro Features contained therein on the platform does not constitute an offer to conclude a contract. The user submits an offer to the operator to conclude a contract by submitting his booking “chargeable booking”. The booking is only binding when the respective operator: “Braintree” has charged the costs for the premium membership to the means of payment deposited with him and has confirmed the receipt of payment to the operator. Upon receipt of payment, the operator provides the functions of the premium membership. For technical reasons, there may be processing delays of 1-3 working days until activation. The day on which the Premium Membership is booked is the day on which the user receives and can use the Premium Membership for the first time. If for any reason Braintree is unable to charge any of the User´s means of payment deposited with it (e.g. because it has expired or is insufficiently covered) and the User has not cancelled the subscription, the User shall be liable for amounts not paid and Braintree shall attempt to charge the User´s means of payment if the means of payment information is changed. This may change the start date of the premium membership period and the date on which users are billed for each period. The Operator will make reasonable efforts to provide all functionalities and services of the Platform and Premium Membership as well as integration and coupling with third party services. However, technical difficulties may arise which lead to a temporary interruption of availability. If the services are made available to users free of charge, they cannot derive any claims against the operator from an interruption of availability. If it is not possible to use the Premium Membership for more than three working days, the User shall be credited with the period during which the features of the Premium Membership were not usable for him/her subsequently for the term of the contract.

3. Login to the user account and use of the platform

In order to be able to use the services of the platform, users must log in to the platform with their user name and password. As long as users do not actively log out, users remain logged in to the Platform with their user account. Please note that the use of this convenience function increases the risk that third parties who have access to or have access to your mobile device may use the Platform without authorization. You are liable to the operator for any misuse by third parties. To avoid the risk of such misuse, log out of your user account. The password must be kept secret by the users and not passed on to third parties. In the event of loss of the password or suspicion that third parties have gained access to a user´s password, the users are obliged to inform the operator immediately via the contact options specified in the platform and to change the password. Use the “Change password” function or the “Forgot password?” function in the Platform to change your password or create a new password. In order to be allowed to use the platform, the following requirements must be fulfilled:

  • You are a consumer and at least 16 years old.
  • You are using the Platform in the territory of the Federal Republic of Germany (Please note that the use of the Platform in another country may be subject to different terms of use and privacy policies). Users must provide their own private end device. Each user is responsible for the accuracy of his data and information uploaded to the platform. The following actions are not permitted and even a single violation of this prohibition can lead to an immediate exclusion of the user from the platform as well as the blocking of the user account (the “Unauthorized Actions”):
  • Any use that violates applicable law, in particular actions that are insulting, defamatory, offensive, pornographic, glorify violence, discriminatory, abusive, threatening, immoral, extremist, terrorist or constitute a violation of youth protection regulations;
  • Calling for or instruction in criminal offences;
  • Any use that degrades or damages the honor, reputation, or business reputation of any person or entity;
  • Any action related to political activities, including party meetings, demonstrations, leaflet or signature actions;
  • Any use which is likely to spy on, attack or otherwise impair the operator or other users of the platform, their servers or terminals or the software used by the platform or the operator, or to aid in any way in impairing it;
  • Any commercial use of the Platform not approved in advance by the Operator in writing (including advertising for the purchase or sale of products or the use or provision of services or commercial websites/blogs/etc.);
  • Any other violation of the Netiquette and any linking or other connection to content that is inadmissible according to the aforementioned criteria.
    The operator is not liable for unauthorized actions of the users and their consequences. The user makes it possible to report an abuse or an unauthorized action to the right holders and to have it eliminated.

4. Rights of use to the platform

The platform as well as the services, data, images, portfolios, features and information that can be used via it are comprehensively protected by copyright. For the duration of this user contract, users shall be granted a non-exclusive, non-sublicensable, non-transferable and revocable right to use the Platform exclusively for the purposes agreed in these Terms of Use and in accordance with these Terms of Use and the applicable law. In particular, you may not – unless permitted by mandatory law – copy, edit, revise, modify, decompile (reverse engineer) or convert the Platform.

5. Right of use to the content uploaded by users to the platform

Users grant the operator a simple, non-exclusive, free, spatially and temporally unlimited, sublicensable, transferable right to use the content (e.g. photos or documents) uploaded by them to the platform for the operation of the platform. It also includes the right to one´s own picture. The operator will treat these data of the users within the platform confidentially within the scope of the technical possibilities and to protect against abuse. The operator may evaluate the data of the users for internal analysis purposes of the platform. Each user must ensure that the contents uploaded to the platform by him are not encumbered with the rights of third parties, which impair the contractual use of the contents. The operator does not check the completeness, correctness and legality of such content uploaded by users and does not adopt it as its own. However, the operator will, at its own discretion, investigate justified indications of violations of these terms of use or any possible illegality or offensiveness of individual contents in the platform and, if necessary, take appropriate measures to end this state. In particular, the operator will immediately remove illegal or offensive content as soon as the operator becomes aware of this and as far as this is technically and legally possible. For this purpose, the Operator has the right at any time to delete content posted by users from the Platform in whole or in part without justification or to prohibit users from uploading certain content, whereby the Operator takes the legitimate interests of the users into consideration.

6. Liability

The operator is liable to users in cases of intent and gross negligence for all damages caused by the operator and its legal representatives and vicarious agents without limitation. In the event of slight negligence, the Operator shall be liable without limitation to users in the event of injury to life, limb or health. Otherwise the liability of the operator is excluded. The full functionality and functional security of the platform can only be guaranteed if the updates of the app provided are installed promptly. The operator is not liable for errors of the platform and damages which are due to the fact that users have not or not completely downloaded and/or installed provided updates.

7. Modification of the terms of use

The operator is entitled to make changes to the terms of use. Changes to the terms of use that affect the contractual relationship will generally be communicated to the user via the platform and/or by e-mail with an advance notice of not less than six (6) weeks prior to the date on which the change takes effect. The notification will also contain information about the User´s right to refuse the changes and the resulting consequences. As long as users have not agreed to changes, the use of features introduced after the change takes effect may be excluded. At the latest one month before the change takes effect, users are requested to give their consent to the changed terms of use. Users have the opportunity to give their consent and to continue to use the platform in accordance with the amended Terms of Use or to refuse their consent. In the latter case, the Operator is entitled to terminate the user contract at the time the change takes effect and to block the user account.

8. Applicable law / place of jurisdiction

The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. For all disputes arising out of or in connection with these Terms of Use, Munich (city) shall be the place of jurisdiction. Mandatory legal jurisdictions remain unaffected.

9. Note on out-of-court settlement of disputes

The European Commission provides a platform (the so-called OS platform) for out-of-court online dispute resolution under http://ec.europa.eu/consumers/odr/ We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board and do not participate in it. The operator also does not participate in out-of-court dispute resolution proceedings according to the VSBG. Should you be dissatisfied with the services, you can contact the operator at any time by telephone or e-mail.

Status: August 2019

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