“reelisor” refers to the services provided subject to these General Terms and Conditions and/or Documentary Campus e.V.
Users wishing to use all services provided by reelisor under the Website www.reelisor.com (“Website”) have to become a member of reelisor (“Member”). In order to become a Member the User has to register with reelisor and to agree to the following General Terms and Conditions.
The User enters into this agreement on the use of services with Documentary Campus e.V., St.-Pauls-Platz 5, 80336 Munich, Germany. Additional contact information, commercial registry data, as well as the name of the authorised representative of Documentary Campus e.V. can be found under “Imprint”.
1. SUBJECT MATTER
1.1 The Website offers Members the following services: a) a knowledge platform (i.e. a guide and information source throughout the year for news, events, training, downloads, discussions), b) a project platform where Members may promote their current productions, films and topics to other Members and c) a networking platform for presenting themselves and arranging business contacts between the Members (all platforms collectively “the Services”). Users not registered with reelisor may visit the knowledge platform but neither may upload/provide information to the knowledge platform nor may have access to the other Services provided by reelisor.
1.2 Within the knowledge platform, reelisor provides a wide range of information concerning the documentary film business (“Content”). Members are welcome to support the knowledge platform by providing interesting information and material to reelisor. For this purpose they may e-mail a copy of the respective material/information to reelisor thereby granting the respective rights in accordance to clause 5.1 of these General Terms and Conditions. reelisor will review the material and decide at its own discretion whether the material/information shall be made available to the Members. In any case, the Member shall retain all ownership rights in their submissions.
1.3 Within the project platform, Members may upload information or material on their finished or upcoming film projects. By uploading the information and/or material the Member grants the rights in accordance to clause 5.1 of these General Terms and Conditions. The information and material may only be viewed by other Members whereas the amount of data visible to other Members depends on the respective release in the privacy settings of each Member. The status of the upcoming film projects may be altered between “in training initiative”, “in development”, “pre-production”, “production” and “post production”. It is the responsibility of each Member to alter the current status of its projects accordingly, e.g. from “upcoming film” to “finished film”, from “in development” to “pre-production”.
For registered Members, the uploading of film projects – finished as well as upcoming film projects – is unrestricted in time and terminates when the Member removes the project information and/or material, latest with the termination of the Membership. No fees incur.
1.4 Within the networking platform the Member may set up a User Profile providing various information about himself and his projects. Further information about the possible content are given in the supplemental Terms and Conditions on Data Protection.
1.5 Any use of the Services and Content offered on the reelisor Website beyond the scope of options provided by reelisor requires the prior written consent of reelisor.
2. CONCLUSION OF CONTRACT AND MEMBERSHIP
2.1 The User warrants and represents that he is 18 years or older at the time of registration.
2.2 By completing the registration process, the User consents to enter into the agreement to use the Services. reelisor accepts this offer by approving the account of the User and thereby activating the membership for the use of Services on the Website. The agreement takes effect with the aforementioned acceptance by reelisor.
2.3 Each User is entitled to register with reelisor only once, and the Member may only establish one User Profile.
2.4 The Website offers Users a free Membership.
2.5 Any User may register with reelisor. To ensure a high quality of projects on the website, reelisor will select, admit or reject Users who have applied for registration at its own discretion.
2.6 Users have to complete the registration details as accurately as possible. The User warrants and represents that all of the data provided by the User for registration is accurate and complete. Members should notify reelisor of any changes to their personal details. Members are to use their real identity, not alias. If reelisor becomes aware of people not using their true identity, reelisor reserve the right to terminate their membership with immediate effect.
Since it is impossible for reelisor to determine with certainty whether a Member is in fact the person he represents to be, reelisor assumes no liability for the actual identity of a Member. Each Member is solely responsible for checking the actual identity of another Member.
2.7 When Users sign up to become a Member, Users will also be asked to choose a password. Members are entirely responsible for maintaining the confidentiality of their password. They agree not to use the account, username, or password of another Member at any time or to disclose their password to any third party. Furthermore, they agree to notify reelisor immediately if they suspect any unauthorised use of their account or access to their password. Members are solely responsible for any and all use of their account.
2.8 When registering, Members are obliged to provide various personal information to reelisor (for details, please see Terms and Conditions on Data Protection). Members decide whether and to what extent this information as well as further voluntarily given personal information shall be made accessible to other Members in the contact platform.
3. CONTENT OF SUBMISSIONS AND POSTINGS
3.1 Members may not post anything on reelisor that contains any offensive language or anything which is considered by reelisor to be obscene, threatening, harassing, defamatory, otherwise unlawful or violates these General Terms and Conditions. In particular, reelisor should not be used for any illegal or unlawful purpose including posting anything that is fraudulent, inaccurate, incomplete, false or misleading.
3.2 The Members publish film projects on reelisor at their own risk. By doing so, Members are aware of the fact that other Members can read all project details that the Member chooses to share. reelisor hereby expressly accepts no responsibility whatsoever should the idea of the project or details thereof be reproduced by any other Member who has access to this information.
3.3 reelisor reserves the right (but shall have no obligation) to decide whether the Material submitted by the Members complies with the content requirements set out in these General Terms and Conditions and may remove such Material and/or terminate a Member’s access for uploading any Material which is in violation of these General Terms and Conditions at any time, without prior notice and at its sole discretion.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 Members may submit information and/or material (collectively “Material”) to reelisor for the purposes of the provision of the Services. When a Member uploads or posts Material to reelisor, he/she grants
a) to reelisor a worldwide, non-exclusive, royalty-free, transferable licence to make this Material available to other Users on the Website;
b) to each User of the Website – whether registered or not – a worldwide, non-exclusive, royalty-free, license to access the Material through the Website.
The above licenses granted in principle are perpetual and irrevocable. The above licenses granted for the Material uploaded by the Members in the project as well as the contact platform terminate when the Member removes or deletes the Material from the Website.
4.2 When a Member uploads or posts Material to reelisor he guarantees that he has full power and authority to grant rights herein granted and that the use of the Material within the Services does not infringe upon any copyright, violate any property or personal rights (such as the right of privacy), or contain any libelous, obscene or unlawful matter. The Member shall hold harmless and indemnify reelisor from and against any claim and liability, including any legal fees, made or deriving from any claim made by third parties asserting any right on the Material. Upon reelisor’s request, the Member will substantiate acquisition or granting of rights by presenting the complete documents.
4.3 Each Member acknowledges that reelisor owns all the intellectual property rights to the Website and that any reproduction, distribution or publication of any content is prohibited without the written consent of reelisor. In order to get our consent you should e-mail: info[at]reelisor.com
5. MEMBERS OBLIGATIONS
5.1 Each Member is obliged,
5.1.1 To comply with all applicable legislation and respect all third-party rights. In particular, the Member shall not
use, advertise or promote any pornographic materials or any contents that violate any applicable legislation for the protection of minors;
unreasonably annoy (particularly with spam) any other Member (ยง7 of the German Unfair Competition Act);
use, advertise, promote or offer without authorisation any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws).
5.1.2 To refrain from performing, advertising and promoting any form of structural distribution measures (such as multi-level marketing or multi-level network marketing).
5.2 Each Member is prohibited from circumventing, disabling or otherwise interfering with any security related features of the Website or features that (i) prevent or restrict use or copying of any Material or reelisor content or (ii) enforce limitations on use of the Website or the content accessible on the Website.
6. REELISOR’S COMMITMENT AND LIABILITY
6.1 reelisor merely provides the Members with a platform on which to establish contact with other Members. As regards content, reelisor does not take part in any communication between Members. If Members enter into agreements with one another, reelisor shall not be a contracting party to these agreements and shall not be liable for breaches of duty in relation to agreements entered into between users. The Members alone are responsible for the execution and/or fulfillment of agreements in which they enter with one another.
6.2 The Members acknowledge and agree that it is technically impossible to achieve 100% availability of the Website. reelisor shall nonetheless endeavor to keep reelisor Websites available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond reelisor’s control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on reelisor Websites.
6.3 reelisor does not make any warranties or representations regarding any data and/or information provided or made available by any Member on the Website or on any external websites linked to the Website. In particular, reelisor does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose.
6.4 Downloading of any material from the Website is at the Member’s own discretion and risk. reelisor accepts no responsibility whatsoever for damage to computers or the loss of data caused by downloading material from the Website.
6.5 reelisor is only liable to pay compensation for its willful and grossly negligent action. Furthermore in cases of simple negligence, reelisor is liable to pay compensation if major obligations (major obligations are obligations whose fulfillments are necessary to reach the objective of the agreement) have been violated. In terms of amount its duty to pay compensation is limited in cases of negligence towards entrepreneurs and legal entities under public law to compensation for foreseeable damage typical for the agreement.
6.6 Where, under the foregoing provisions, the liability to pay compensation is excluded or restricted, this shall also cover the personal liability of the executive bodies, authorised experts, employees and other co-workers, representatives and persons assisting in the performance of the Services.
6.7 Lawful damages become statue-barred twelve month after its accrual.
6.8 Liability for damage arising from impairment of life, physical injury and impairment of health as well as claims arising under the ProdHaftG (German Product Liability Act) or impermissible action shall be unaffected by the foregoing liability provisions.
7. RIGHT OF CANCELLATION FOR CONSUMERS
**If a User is registered with reelisor for a purpose that is not related to either his or her commercial or freelance activity, the following provisions apply to him or her as a consumer under the law (ยง13 German Civil Code):
7.1 Right of cancellation
The User may cancel registration for the Membership in writing (e.g. by letter, fax or e-mail) within two weeks without stating a reason. The two-week period begins when Membership is activated by reelisor, but not before the receipt of these instructions in written form and conclusion of the contract and not prior to us fulfilling our information obligations pursuant to ยง 312 c BGB in connection with ยง 1 para. 1, 2 and 4 BGB-InfoV as well as our obligations in accordance to ยง 312 e para. 1 sentence 1 in connection with ยง 3 BGB Info-V.
For meeting the cancellation deadline in each of the aforementioned cases, the date of dispatch of the cancellation notice is decisive. In each of the aforementioned cases, the cancellation notice should be sent by post to
Documentary Campus e.V.
fax number: +49 (0)89/ 410 73939
The User’s right of termination under clause 9 shall not be affected by the Userโ€s cancellation right under this clause 8.
7.2 Premature lapse of the right of cancellation
In accordance with ยง 312d Par. 3 BGB (German Civil Code), the User’s right of cancellation lapses before the end of the right of cancellation period cited in section 8.1 if the agreement has been completely fulfilled upon your express request before you have exercised your right of cancellation.
7.3 Consequences of cancellation
In the event of a valid cancellation, both parties shall be obliged to restore any benefits already received in accordance with legal provisions, and issue any gains (e.g. interest). If the User is unable or partially unable to restore the benefits, or only able to restore them in poor condition, to reelisor, then the User must reimburse reelisor for the corresponding value. The User must fulfill obligations for reimbursement within 30 days after dispatch of the cancellation notice.
8.1 The contract period for the membership is unlimited in time.
8.2 The Member may terminate the Membership at any time without cause. He may do so by (i) notifying reelisor at any time and (ii) closing his User Profile. The Member may deliver notice of termination using the contact form available on the Website. The termination notice shall include the Member’s registered name and an e-mail address of the Member. The provisions of this section shall not affect the right of both parties to terminate the agreement for good cause.
8.3 reelisor may at any time, terminate Membership:
8.3.1 if the Member has breached any material provision of the General Terms and Conditions (or has acted in manner which clearly shows that he does not intend to, or are unable to comply with the provisions of the General Terms and Conditions); or
8.3.2 if reelisor is transitioning to no longer providing the Services to Members; or
8.3.3 in the event of a good cause.
8.4 When a Membership comes to an end, all of the legal rights, obligations and liabilities agreed to in this General Terms and Conditions, shall be unaffected by this cessation, and the provisions of paragraph 12.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
9. DATA PROTECTION
reelisor recognizes that any data provided by the Member to reelisor is extremely important to the Member, and reelisor shall therefore be particularly sensitive in handling such data. reelisor shall comply with all applicable legal provisions regarding data protection. Details on reelisor’s treatment of the Member`s data are set forth in the Terms and Conditions on Data Protection which can be downloaded here.
10. FURTHER GUIDELINES
10.1 A Member cannot assign his or her Membership without the consent of reelisor.
10.2 reelisor will immediately terminate a Membership if reelisor believes that the Member is involved in any way in transmitting junk e-mail, spam, unsolicited e-mail in any form including bulk e-mail, commercial or otherwise either through the reelisor Service or to any member of reelisor.
10.3 Each Member agrees to discontinue any communication with any Member of reelisor if that person so requests. In other words, it is unacceptable behaviour for any Member to harass another Member.
10.4 reelisor is committed to equal opportunities for all reelisors, regardless of race, gender, sexual orientation, age or religion. reelisor will not tolerate any form of abusive language in postings or in e-mails sent to other reelisors, in particular when it could be considered to work against the commitment to equality.
11. GENERAL MATTERS
11.1 reelisor can also amend or modify these Terms at any time by notifying Members either by e-mail or on the Website unless an amendment is unreasonable. If the User does not object to the applicability of the revised General Terms and Conditions within two weeks after receipt of said notice, the amended General Terms and Conditions shall be deemed to be accepted by the Member. reelisor shall inform the Member about the Member`s right to object and of the relevance of the objection deadline in said notice.
11.2 These General Terms and Conditions and any amendments thereto must be in writing to be valid. The same applies for the cancelation of the written form requirement.
11.3 The Member may submit all notices to reelisor using the contact form provided on the Website, or by letter or fax. reelisor may send notices to the Member by e-mail, fax or post to the addresses given in the Member’s current contact data in his user account as well as postings on the Website.
11.4 If any provision of these General Terms and Conditions is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision. This also applies to contractual loopholes.
11.5 Place of jurisdiction, insofar as legally admissible, shall be Munich, Germany.
11.6 These General Terms and Conditions and the contractual relationship between reelisor and Member shall be governed by German Law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods.