General Terms and Conditions
IMJ-ONLINE.COM is an International Online Journal for models and actors. The online service provides and publishes sector-specific news, reports and messages for models and actors as well as a network for models, bookers and actors.
When you log on as a customer at IMJ-ONLINE.COM - contractual partner,
Minogue Verlag GmbH
Pankstr. 8-10a
13127 Berlin
Deutschland
- hereinafter called IMJ, you accept the following itemized terms and conditions of business. These then become an integral part of the contract. Within the context of an existing business relationship, our general business conditions are also valid even if reference is not made to them in the case of an individual business deal. These General Terms and Conditions are valid exclusively for all IMJ customers, even if the service is utilized or accessed by customers outside of the Federal Republic of Germany. Other business conditions of the customer are not accepted.
Persons under the age of 18 may not use this service. If you do not accept the validity of the business conditions you will not be able to register.
1. Subject Matter of the Contract
a. The subject matters of the agreement are services that are both free of charge as well as services for which the customer will be charged for a particular, prolongable period of time. Before utilizing a chargeable service, the customer is informed that the respective service is liable to costs and is informed of the costs that will be incurred. The services offered include the following:
b. The subject matter of the contract is specifically not a placement agency for models or artists.
c. The operator offers their services exclusively for commercial purposes – the customer is obliged to use the services exclusively for commercial purposes.
d. The period of validity of the contract package (IMJ NewStar Account, IMJ Exclusiv Account, IMJ Booker Account) is 12 months. The contract is extended by a further 12 months if it is not terminated by the customer 60 days before the end of the period of validity in writing or by means of the termination form provided on the website for this purpose.
e. IMJ reserves the right to change the prices. The customer will be informed of price increases before the cancelation period expires (d.) via a notice on the website. Such price increases will only apply in the case of an extension from the beginning of the extension period.
2. Access/Conclusion of Contract
a. To access and use IMJ services, customers must register. The customer can use a password and a user name (pseudonym) chosen by himself/herself.
b. At registration, the customer acknowledges these General Terms and Conditions and declares that he/she is of full legal age. Upon registration, a contractual relationship exists between IMJ and the registered customer, which conforms to the regulations of these General Terms and Conditions.
c. When the customer orders a chargeable service, he/she enters a further contractual relationship, separate from the registration, with IMJ. The customer is informed of the respective chargeable relationship and the terms of payment before this contractual relationship is concluded. The contractual relationship comes into existence when the customer clicks to confirm the order and the liability for payment.
d. The customer assures the operator that all the information submitted during registration as well as during the payment process is correct and true to the best of his/her knowledge.
e. The costs incurred by the services liable to payment as well as the payment method are explained in the respective services liable to payment.
f. The operator is entitled to block a customer´s access if the customer uses the system illegally and/or under infringement of the responsibilities specified in these General Terms and Conditions. Blockage of access does not alter the duty of payment for the ordered services.
g. Payments made to the operator will not be refunded.
h. We will charge a fine of 68.00 EUR to the user for attempts to utilize unauthorized credit cards. Suspected abuse of data will be reported to the German Law Enforcement Agency and Interpol as routine and the offender will be investigated.
3. Scope of Services
a. IMJ basically enables an establishment of contact between registered bookers and customers. In terms of this contract, a contact inquiry also applies if the customer responds to the contact request of a booker. IMJ provides all customers with a dispatch function on their website for the option of (anonymous) establishment of contact and application.
b. Before accessing services that are liable to charges, customers are informed of the fact that these services are liable to costs. The costs incurred, the scope of services and the payment arrangements are defined and explained when the respective services that are liable to costs are ordered. The customer can use the chargeable services after the payment transaction has been concluded.
c. The operator is only responsible for the publication of a profile or the transmission of checked communications, not the success. The operator only provides the technical mechanism that generally enables establishment of a contact. The operator is not responsible for ensuring that a contact is established.
d. With the account packages NewStar and Exclusive, IMJ is not liable for a fixed number of communications regarding casting calls. IMJ will report announced casting calls for bookers, but has no influence or guarantee regarding place, time and number of messages or casting calls.
e. The customer agrees that only such pictures and texts are published that meet the guidelines. The guidelines can be found here. The customer is obliged to observe these guidelines.
4. Use of Data, Circulation of Data and Further Data Transmission
a. The protection and security of all customer data is a high-priority concern of IMJ. IMJ therefore commits to observe the statutory data protection regulations, in particular the Federal Data Protection Act (BDSG) and the Teleservices Services Data Protection Act (TDDSG) in the business of its service.
b. Collection of Necessary Data
In order to provide the service, the operator must collect, save, process and use the person-related data entrusted to him under observation of the data protection conditions. This can only take place if the customer consents, by confirming the General Terms and Conditions, to the collection, storage, processing and use by the operator or a company commissioned by the operator of the person-related data that is accumulated when the service is utilized and implemented. The operator records this consent.
Person-related data is data that contains information on the personal and factual circumstances of a certain or ascertainable customer. At registration, customers are asked to provide information on the following: first name, last name, street, gender, date of birth, email address, residence, zip code and date of birth. This data, except for the zip code, is not displayed to other customers. When a chargeable product is ordered, the name, exact address and account data, if necessary, is also stored for the purposes of handling the purchase.
The customer is aware that all data in his/her profile that is visible on the website to other customers who are logged on and which is released by the customer for this purpose, including zip code and gender, etc. is also transmitted to the email addresses of other customers for the purpose of expanding the circle of prospective interested parties.
c. Further Utilization of Data
The operator does not transmit customer´s person-related data to third parties unless the customer has declared his/her prior explicitly consent or a statutory obligation for data transfer exists.
If the customer gives the operator full consent to collect, save, use and process further voluntary data for individual information purposes and care, the operator will store the customer´s personal data for a longer period of time in accordance with the statutory requirements and use the data for the purposes specially authorized by the customer. The operator will also record this consent.
d. Profile Usage
The operator will perform analyses or have analyses performed regarding the behavior of their customers within the context of the utilization of the service and set up anonymized profiles for this purposes. The only reason for this is to constantly improve the operator´s service. The evaluations and profiles are not performed on a person-related basis, but are implemented and created anonymously.
e. Use of Cookies
The operator uses "cookies" to develop and optimize the online experience and online time of the customer. A cookie is a text file that is either stored temporarily in the main memory of the computer ("session cookie") or is stored on the hard drive ("permanent" cookie). Cookies are not used to execute programs or to load viruses onto your computer. The main purpose of cookies is rather to provide a specially tailor-made offer to the customer and to construct the use of the service in as timesaving a manner as possible.
The operator uses predominantly "session cookies" that are not stored on the customer´s hard disk and are deleted when the browser is closed. Session cookies are used here for login authentication and for load balancing (balancing of the system load).
In addition, the operator uses cookies if a customer accesses the operator´s services via external advertising space. These cookies do not contain any person-related data of the customer and are automatically deleted when the customer logs on to an IMJ website – otherwise they are deleted automatically after four weeks.
The operator uses "permanent" cookies to trace clickstreams and to differentiate automatically if a customer has already participated in a survey or has already viewed info messages or advertising banners that have been placed on the website, so that these are not displayed again the next time the customer visits the website.
If the operator´s service is integrated in the website of a partner company, these partner companies can also use cookies on the integrated websites of the operator. The operator does not have any control over this and is not responsible for the practices of these partner companies. The operator recommends checking the data protection guidelines of the respective partner company.
The customer can accept or reject cookies at any time. If the customer decides to switch off cookies, performance might be reduced and may reflect negatively on the usage of the operator´s services.
f. Deletion and Correction of Data
The customer can revoke his/her consent to the storage of his/her person-related data or demand the correction of his/her data stored by the operator at any time. The customer is also entitled at any time to revoke his/her consent to the collection and storage of other voluntary data by the operator. In this case, an email via the online IMJ contact form will suffice. If the customer revokes consent to the storage and processing of person-related data, the operator cannot provide any further services for the respective customer.
g. Information on Stored Data
The customer is entitled to view person-related data about his/her person that is stored by the operator free of charge and at any time. This request for information must be issued in writing. The request for information must be addressed in writing to
Minogue Verlag
Pankstr. 8-10 a
13127 Berlin
Germany
with an enclosed copy of the customer´s identity card.
h. The customer is also aware that data protection in the event of data transmission through the Internet according to the current state of the art cannot be guaranteed completely comprehensively. The customer thus bears the responsibility for the security of the data transmitted through the Internet by himself/herself.
i. The operator is entitled but not obliged to check texts, uploaded photos and graphic files with regard to their compatibility with the law in force as well as with these General Terms and Conditions and – if necessary – to change or remove the respective contents.
5. Right of Cancellation
a. The customer is entitled to cancel the contract as of the date of expiry of the contractual period with a time limit of 60 days. Otherwise 1.d. above applies.
Payments that have already been made will not be refunded.
6. Operator´s Liability
a. Moreover, the operator does not accept any liability for the possible misuse of information. It is possible that customers might use IMJ-ONLINE Services despite a ban in an admissible or illegal manner. The operator is not liable in the case of such inadmissible or illegal utilization of the services. The operator is also not liable in the event that third parties misuse data and information that has been made accessible to them by the customer himself/herself.
b. The operator is not liable for proper operation of the service at all times or the uninterrupted availability or accessibility of the service. In particular, the operator is not liable for failures in the quality of access to the service due to force majeure or due to events that the operator cannot influence. Neither is the operator liable for the unauthorized obtainment of knowledge of personal data of the customer by third parties (for example, through the unauthorized access of "hackers" to the database).
c. For damages that do not occur as a result of one of the above-mentioned causes, the operator is only liable in the case of intent and gross negligence of his agencies, employees and assistants and only in so far as he has contributed to the onset of the damage in relation to other causes.
d. A liability for simple carelessness can only be considered if essential contractual obligations (cardinal obligations) have been violated, whereby the liability is restricted to the foreseeable and directly resulting damage.
7. Customer´s Responsibilities and Duties
a. The customer avouches that he/she will use exclusively pictures of himself/herself or affiliated persons who have declared their consent for publication. In addition to this, the respective Photo Guidelines apply.
The customer is solely responsible for the contents of his/her registration and thus for the information he/she provides about himself/herself. The customer affirms that the information given corresponds to the truth and describes himself/herself personally. Incorrect information that is provided deliberately and/or with fraudulent intent can result in civil proceedings. This will also lead to immediate cancellation of the contract. This does not affect the operator´s claim to compensation.
b. In addition, the customer affirms that the information confided to him/her about third parties will not be used for advertising purposes.
c. The customer is obliged to indemnify the operator from all liability and in particular from all obligations, expenditure and claims that could result from damage due to defamation, insult, infringement of copyright and/or personal rights, due to the loss of services for other customers, infringement of these terms and conditions, due to the violation of intangible goods or other rights.
d. The customer is obliged to treat emails and other messages confidentially and not to make these accessible to third parties without the prior consent of their author. The same applies for names, telephone numbers, residential and email addresses and/or URLs etc., of other customers.
e. The customer is required to call up the messages arriving for him/her at regular and appropriate intervals and if necessary to archive them on his/her own computer or on other storage media. The operator is entitled to delete messages stored in the customer´s account after a period of twelve months after dispatch or receipt without further inquiry.
f. Moreover, all customers undertake to not misuse the service, in particular:
- ot to divulge any defamatory, offensive or in any other way illegal material or information about it;
- not to threaten other persons or to infringe or violate the rights (including personal rights) of third parties;
- not to upload any data that
a) contains a virus (infected software) or
b) contains software or other material that is protected by copyright, unless the customer has the rights to this material or the required consent;
- not to use the service in a manner that adversely influences the availability of offers for other customers;
- not to intercept emails and not to attempt to intercept them;
- not to send emails to customers for any other purpose than communication and in particular to refrain from promoting or offering goods or services to other customer (except in cases where this is explicitly permitted by the operator);
- not to send chain letters;
- not to state names, addresses, telephone or fax numbers, email addresses, etc. in the person´s description, unless this information has been explicitly requested.
g. The failure of any customer to observe one of the behavioral obligations listed in Section 7.f can lead to immediate termination of the user agreement as well as to civil and criminal proceedings for the customer themselves. The operator reserves the right to exclude the customer from his service if the customer publishes, in the operator´s view, immoral, obscene or right/left-wing extremist contents or photos at registration or during the course of use of the service.
8. Communication
a. IMJ sends messages to its customers via screens after "Login" or via email. Messages from customers to IMJ are sent by email via the addresses specifically provided on the IMJ ONLINE pages (online contact form) or by post.
9. Right of Use and Copyright
a. In the relationship with the customer, the operator is the sole legal copyright holder of duplication, publication, processing and all copyrights as well as the right of immaterial transmission of the IMJ-ONLINE website and its individual contents. The use of all programs and the contents, materials, brand and trade names contained therein is admissible exclusively for the purposes stated in these terms and conditions.
10. Jurisdiction and Applicable Law
The law of the Federal Republic of Germany applies, with the exclusion of the German conflict of laws provisions. In the case of legal action, the operator´s registered office applies as the place of jurisdiction – provided this is legally admissible. In the event that the customer or his/her legal successor relocates his/her residence or usual whereabouts outside of the geographical scope of the civil process order or his residence or usual whereabouts are unknown at the point in time when the lawsuit is filed, Berlin is agreed as the place of jurisdiction.
11. Objections
a. The customer must assert and justify any objections to the amount of costs debited or invoiced at the latest six weeks after debit of the rejected costs or after receipt of the rejected invoice in writing to IMJ. If the customer does not raise any justified objections within this 6-week period, the debited or invoiced costs will apply as approved.
b. In the event of a justified objection, the customer will be reimbursed with the legally asserted amount or his/her account will be extended by the period of time for which the customer has asserted justified objections. Moreover, the customer is entitled to set IMJ an additional time limit of five working days for proper compliance and to demand a credit. If the reason for the objection still has not been eliminated after the additional time limit has expired, the customer is entitled to terminate the contract and can also demand a proportional reimbursement of the paid fee. Insignificant restrictions in the service do not justify an objection.
12. Right of Withdrawal, Exclusion of Right of Withdrawal
a. Every customer is entitled to revoke the contractual relationship with IMJ within 14 days after the commencement of the contract (day of purchase/access to the instruction of the right of withdrawal) by a written statement to IMJ via email (online contact form) or by post at the following address
Minogue Verlag GmbH
Pankstr. 8-10 a
13127 Berlin .
b. The right to withdraw lapses if the customer initiates a service by the operator (for example: publication of photos, sending/responding to a contact request).
c. Each customer registration at IMJ will be confirmed by IMJ via email. This confirmation informs the customer that IMJ will only provide services, according to the EU law in force, once the remuneration has been received and the term of withdrawal has expired in accordance with the Distance Selling Act. If the customer desires, he/she can waive the right to withdrawal before the term has expired by logging on to IMJ with his/her personal login data before the withdrawal period has expired.
13. Miscellaneous
a. The operator is entitled to delegate the task of providing parts of the service spectrum or the entire service spectrum to third-party service providers and assistances, provided that this does not lead to disadvantages for the customer.
b. The operator is entitled to change these terms and conditions and to adapt them to the respective law in force. The customer will be informed of changes to the General Terms and Conditions via email. A reference to the address in the Internet at which the new version can be called up is sufficient in this case, instead of an enclosure of the complete text. If such changes are not objected to within 14 days of the message, they count as accepted and are valid for the customer from the day of expiry of the term.
c. If one provision of the contract or the General Terms and Conditions becomes invalid or if the contract is incomplete, the remaining contents of the contract are not affected.
d. Under the conclusion of the contract, the operator does not automatically save the contract text. The customer is therefore required to archive the respective contract text valid at the point of the conclusion of the contract and accessible on the operator´s website on his/her hard disk or in another manner.
e. In the event of conflicts between the English version and the German version of these General Terms and Conditions, the German version has precedence.
Berlin, May 1, 2007
