Terms of use of the pazz web service

1. General information

1.1 Purpose

pazz is a portal for networking registered persons (users) in film projects, for coordinating film projects through job advertisements and for our users to extend invitations to/apply to take part in film projects.

1.2 Definitions

The following definitions apply to the entire terms of use:
• The “provider” or “we” means Pazz GmbH and Pazz GmbH employees in the performance of their duties.
• A “user” is anyone who has completed the registration process on the pazz platform in accordance with these terms of use.
• “Content” means all links, graphics, photographs, video and audio recordings, texts or other information provided, downloaded or otherwise used in connection with our platform or services.
• A “project” is one or more planned actions with one or more users.
• “Moderators” are users with extended read and write permissions whose task is to block content identified as prohibited and any associated user accounts

1.3 Scope of application

These terms of use, together with our Privacy Policy, govern access to our platform and use of our services. This includes, in particular, profile, project and news management as well as all links, graphics, photos, video and audio recordings, texts or other content that are uploaded, downloaded, displayed or otherwise linked to our services on our platform or with the help of our services.

2. Usage authorization and registration

To register as a pazz platform user, you must log in following the OAuth procedure, where you will be validated by a third party provider, either Facebook, Google or Twitter. Here we retrieve all data from the respective service that makes it available. The user can change this by changing the respective account settings. When you complete the registration process, you enter into a binding agreement with the provider and agree to abide by these terms of use. Pazz GmbH does not enter into contracts with natural persons under the age of 16 or with adults who are not fully contractually capable. Therefore, these groups of persons are excluded from registration. If you complete the registration process on behalf of a company or a legal entity or other affiliation, by agreeing to these terms you give your assurance that you have the legal authority to bind the company, legal entity or affiliation to comply with these terms. To complete the registration process, you must agree to our Privacy Policy in the respective current version. You may terminate the above agreement with Pazz GmbH at any time by deactivating your user account and discontinuing use of the services. Instructions for deactivating your account can be found here.

3. Services provided by Pazz GmbH

3.1 Scope of service

The pazz platform currently offers its users the following services:

• Storage of personal data, data about your personal appearance, data about your personal skills as well as photos or image files in your own data space or profile,
• Storage of references to media files from external sources,
• Search for other users based on the data stored,
• Initiate and describe projects,
• Invite, add and remove other users to projects,
• Chat to other users via text messages,
• Search for other users' projects,
• Apply for projects created by other users,
• Web services in German and English.

If chat messages cannot be delivered to a user, users are notified by email. This function can be deactivated or reactivated at any time in the “Settings” tab. Users can download all the data linked to their account in a single file. Users may deactivate their profile, but the data will be retained but not visible to others, or delete their profile, and all data will be irrevocably deleted. We may need to send you certain messages such as service announcements and administrative notices. These communications form part of the services and your account, and you may not be able to opt out of receiving them.

3.2 Availability of services

All services can be completely or partially switched off at any time at the discretion of the provider in order to carry out technical or other maintenance measures. Our web services are constantly evolving, so we may revise the services from time to time at our sole discretion. New services may be added, existing services may be changed or even completely eliminated. Pazz GmbH does not provide storage services comparable to a cloud. Therefore, you agree that we are under no obligation to make available to you, store or keep any copy of any content or information that you or any other persons may provide, except as required by applicable law and as set forth in our Privacy Policy. We reserve all rights not expressly granted to users.

4. Use of the services of Pazz GmbH

The top priority for all communication on our platform is to treat other users with respect and to observe the relevant laws for the use of the platform. Each user is responsible for their legally compliant use of the services and for the legal conformity of the content that they upload to our platform.

4.1 Account and profile

They are themselves responsible for their user account and in particular for the protection of their user account. Therefore, you should use a password that is as secure as possible (e.g. a long password containing numbers, upper case and special characters) and you should not share this password with anyone and keep it inaccessible to others. Pazz GmbH shall not be liable for any damage, loss or other prejudice arising out of the failure to comply with the foregoing. When depositing profile information, users should provide truthful information.

4.2 Prohibited content

In particular, it is prohibited to create, upload to the platform, share or otherwise disseminate prohibited content. Prohibited content includes, for example, insults, discrimination, defamation, content of a fraudulent, pornographic, anti-constitutional or violent nature, images or content that violates applicable law (e.g. copyrights or personal rights). We and the Moderators remove any content that violates these rules.

4.3 Prohibited types of use

Automatic programs for so-called “crawling” or “scraping” must not be used on the website. Users are prohibited from sending excessive advertising (spam) to other users. Users are prohibited from advertising goods or services via personal messages to participants or in project information.

4.4 Sanctions

We may remove or refuse to distribute content from services, and block or delete users without liability to the user. Attempts to compromise the system or other users through malware shall lead to immediate deletion of the account and legal action at the responsible court. For important reasons – rule violations, official orders, deaths, etc., content and any associated user accounts may be deleted or rendered inactive.

4.5 Rights of use of the provider

The rights you hold to the content you publish remain with you. However, by posting or transmitting content on the pazz platform or in connection with our services, you grant Pazz GmbH a worldwide, non-exclusive, royalty-free licence to use, copy, modify, distribute, publish and process information and content that you provide through our services from third parties without further permission from you or notice and/or indemnification to you or any third party, with the right to sub-license such information and content. You may terminate this licence for specific content by deleting such content from the services or by closing your account, bearing in mind that others may have copied, shared or stored the content shared via the services, and that you grant us a reasonable period of time to remove such content from backup and other systems. You give your assurance and warrant that you own or have owned all rights, licences, consents, permissions, powers of attorney and/or powers necessary to grant the rights granted herein to the content that you submit, post or display on or through the Services. You warrant that such content does not contain any copyrighted or other proprietary material unless you have the necessary permission or are otherwise legally entitled to publish such material and grant Pazz GmbH the rights set forth above.

4.6 Advertising

By using our platform and/or services, you agree that Pazz GmbH may itself display advertisements through its services or platform or with the help of its contractual partners.

4.7 Premium-Account

The Premium account offers additional features and a less restrictive access to our platform. The specific functions and access conditions for the Premium Account are described on the Premium page of our platform. Please note that these Features and terms may change from time to time. Users have the option to sign up for the Premium Account for a free trial period. The duration of the trial period is determined by us and may vary. From time to time, we may offer coupon codes to encourage the to enable the conclusion of a premium subscription at discounted conditions. The redemption coupon codes is subject to such terms and conditions as we may specify at the time we provide the voucher codes. Prices for the Premium Account are set by us and may change from time to time. may change from time to time. Any changes in prices will be communicated to you with reasonable advance notice.

5. Data protection

If you use our platform or our services, you transmit your personal data to us which we process according to our Data protection conditions/Privacy Policy.

6. Limitation of liability

Your use of and reliance on any content or materials posted or received through the services is at your own risk. Pazz GmbH does not guarantee, endorse, or certify the completeness, truthfulness, accuracy or reliability of the content, projects or communications published through the services. You understand that your use of the services may expose you to objectionable, harmful, inaccurate or otherwise inappropriate content, and in some cases, projects or submissions may be inaccurate or may otherwise mislead you. All content is the sole responsibility of the person from whom it originates. Pazz GmbH cannot fully monitor or control the content published through these services. Pazz GmbH therefore assumes no responsibility for this content. Likewise, we do not assume liability for the content, correctness or feasibility of the projects. Follow-up costs resulting from breaches of contract or expenses resulting from breach of contract shall be borne by the user who caused them. We are not liable for the loss of data due to external influences, in particular due to force majeure. We are only liable for damages caused by intentional or grossly negligent conduct on our part. Furthermore, we shall also be liable insofar as our liability is based on legally mandatory liability facts. We shall also be liable in the event of injury to life and health and in the event that we breach cardinal obligations. In all other respects our liability is excluded.

7. Final provisions

7.1 Authorisation to make changes

We are entitled to revise these terms and conditions from time to time if necessary. Changes are not retroactive. The latest version of these terms and conditions governs Pazz GmbH's relationship with you. This can be viewed at any time under AGB (General Terms and Conditions). Except for changes relating to new features or mandatory legal reasons, we will notify you 30 days in advance of any changes to these terms relating to the rights and obligations of the parties by means of a service notice or by email sent to the email address associated with your account. If you continue to access and use our services after these changes take effect, you agree to be legally bound by the revised terms.

7.2 Choice of law and settlement of disputes

The parties agree that the laws of the Federal Republic of Germany, excluding conflict of laws provisions, shall apply to all disputes arising out of this agreement and/or the services. The parties agree that claims and disputes may only be prosecuted in the courts of Munich, and both parties agree to the personal jurisdiction of the Munich courts.

7.3 Severability clause

If any provisions of these terms shall be held invalid or unenforceable, the remaining provisions of these terms shall continue in full force and effect. For the provision declared invalid or unenforceable, the parties hereby agree to replace the invalid or unenforceable provision with a legally compliant provision that is as similar as possible to the invalid or unenforceable provision.