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StagePool™ AB (below SP) carries on business which consists of providing an information and agency service via the Internet (below the Service) for assignments in music, film, theatre and media. On SP’s website www.stagepool.com or other sites on the Internet which SP publishes (below jointly Website) it is possible to register oneself and subscribe to the Service. In addition to registration and subscription to the Service, the terms of this agreement (below Agreement) also govern provision of information and mediation of contacts. The Agreement is valid from 27 January 2001 until further notice.
SP’s Preemium services are included in the membership fee. Over and above the Preemium services, SP carries out a number of supplementary services at the request of the User. For carrying out these services, SP charges a supplementary fee per service executed and the User is liable to pay such supplementary fees.
§1 REGISTRATION OF A USER
On SP’s Website, everyone who wishes to work in music, film, theatre and media can register themselves as a user of the Service. Those registering as a user must be 18 years old or have the consent of a guardian. SP is not responsible for persons who register and are under 18 years of age or who do not have the consent of a guardian. Upon registration, the person who wishes to become a member (below User) selects a user ID (below User ID) and a password (below Password). The User ID and Password are personal and may only be used by the User. The User is responsible for the User ID and Password being kept in a secure manner and inaccessible for third parties. Regardless of the manner in which a third party got to know, or obtained access to, the User ID and Password, the User is responsible for all unauthorised use of the Service, including all particulars registered by the User, until the User has requested that SP block the User ID and the Password pertaining thereto. By ticking the box provided and clicking on the button provided for registration of user particulars, the User accepts and undertakes to pay the membership fee and to comply with the terms of the Agreement.
In conjunction with registration, the User signs up for a subscription for the Service (below the Subscription). SP reviews all registrations for membership. Membership in SP is contingent upon SP’s approval of the registration. If SP approves membership in SP, the User receives confirmation thereof. SP reserves the right freely to deny membership. The Subscription starts when the member have aggreed on the Terms. The terms of the Agreement apply to the subscription.
§3 REGISTRATION OF BASIC DETAILS
By registering him/herself as a User, the User has the opportunity to submit, to their individual StagePool, a CV with a personal presentation, links to external documents and sound files and graphic files (below Basic Details). If SP finds it necessary, SP reserves the right to remove published material such as sound files and graphic files and links to external documents.
§4 INFORMATION ETC.
By registering Basic Details in his/her StagePool, the User receives information on current auditions, castings, stipends, workshops and other current assignment for those who wish to work in music, film, theatre and media (below Information). The information is adjusted to some extent to the User’s Basic Details and requests. Information can vary in scope from time to time depending upon the current market. Information on assignments is presented for the User in his/her StagePool. Information on assignments can include an opportunity for the User to register his/her interest for a particular assignment directly via the Service. The User assigns SP to forward the User’s Basic Details. On forwarding of the Basic Details, SP reserves the right to levy a fee. An employer (below Employer) which publishes information on assignments on SP has the opportunity to request the User to apply for the assignment digitally using SP’s service DigiCV®. It is important that the particulars you, as User, submit on your profession and skills fairly reflect your experience.
§5 MEDIATION OF CONTACTS
For subscription to the services ”Preemium”, ”Premium Backstage” and ”Premium Kids”, the User’s individual StagePool is made available in SP’s artist directory (below Artist Directory). The Artist Directory is accessible for employers registered with SP. The Employer, itself, contacts the User. The User is not, however, obliged to accept a particular assignment.
For payment of fees for subscription and supplementary services, the following applies:
4. Payment for supplementary services shall be made in arrears by Plusgiro, CreditCard or Autogiro.
5. Payment shall be made in accordance with the payment alternatives set out on the Website.
6. Supplementary services which SP provides at any given time. SP retains the right to change, at any time, prices for subscription and other services (see section 15 CHANGE IN TERMS). In the event of non payment by the User, SP sends a reminder for immediate payment. Such reminder shall incur a reminder charge of EURO 5 regardless of whether payment relates to subscription or supplementary services. In the event of non payment after the due date stated in the reminder, SP is entitled to engage a third party (currently Pay Solution in Sweden) for recovery of the claim.
SP shall work for the Service being accessible 24 hours per day. SP is entitled, however, to stop publication on the Website, the Service or parts of the Service to carry out customary and necessary maintenance of the system. SP is not responsible for interruption to publication which is a result of circumstances outside the control of SP and which SP could not foresee and the consequences of which SP could not avoid.
§8 CONSENT PURSUANT TO THE PERSONAL DATA ACT
By approving and accepting the Agreement, the User provides his/her consent pursuant to section 10 of the Personal Data Act (SFS 1998:204) for SP to register, disclose and otherwise process personal data and other information pertaining to the User to the extent required for SP to be able to provide the Service. The User consents to SP using the particulars, which the User has registered, to allow SP’s partners to direct marketing to the User. The User is entitled, at any time, to request by notification to SP that such marketing is stopped.
§9 INTELLECTUAL PROPERTY RIGHTS
The title and copyright and other intellectual property rights to the Service and constituent parts of the Service belong to SP, with the exception of what is stated below, and do not, through this Agreement, pass in any respect to the User. The User is not entitled to assign or transfer to a third party its right to use or access the Service or its contents. To the extent that the User provides material for the User’s individual StagePool, such as a company name or trademark, pictures, sound files, film clips, text or the like, the following shall apply. The User is responsible for the User having the necessary rights for using the material for his/her StagePool. SP is entitled, without stating a reason, to remove material from the User’s StagePool if it finds it necessary. The same applies if the User does not provide material but directs SP to set up the User’s StagePool in a particular way. If SP incurs liability for damages to outsiders or other costs as a result of the above requirement not being met, the User is liable to compensate SP for the full value of the loss and for all costs which SP incurred as a consequence thereof. Material which the User has delivered to SP in conjunction with registration and which the User has expressly requested be returned to the User shall be returned to the User when the User’s StagePool is completed. SP is not entitled to use the material other than on behalf of the User.
§10 LIABILITY FOR FAULTS AND DELAYS
If the User’s StagePool is incorrect, the User shall notify SP of this by e-mail, post or telephone as soon as possible. In the event of a fault, SP is entitled to remedy the error at its own cost within 14 days of receiving such notification. If the error remains, the User is entitled to a reduction, by a reasonable amount, in the price. The User has no right to compensation other than reduction in the price. The compensation shall be limited to the subscription fee. Compensation to the User shall not be payable for indirect loss such as loss of income, loss of profit, reduced production or turnover in the operation, or loss of bargain. In the event of a fault which is a result of circumstances outside the control of SP, the consequences of which SP could not avoid, no reduction of price shall take place. SP is not responsible for the functioning of all functions on the Website for Users who do not use recommended standards concerning web browsers and operating systems. SP publishes on its Website, from time to time, a description of what constitutes such recommended standards. However, SP undertakes to attempt to solve any problems which may occur in conjunction with the use of other web browsers and operating systems. ´
§11 LIMITATION OF LIABILITY
SP is not responsible for information provided on the Website or for assignments mediated through the Service. SP is not liable for direct, indirect or other loss to person or property or loss which can affect the User or third party which results from the Service, usage of or fault, such as an interruption, in the Service, or in the information forwarded with the Service. Nor is SP liable for any part of the data secrecy in conjunction with transmission of information upon use of the Service.
§12 CESSATION OF PUBLICATION ETC.
SP is entitled to de-register, with immediate effect, the User from the Service and to remove the User’s StagePool from the Artist Directory is it transpires that particulars in the User’s StagePool or the action’s of the User are otherwise morally offensive, can be perceived to be sexual in nature, or in contravention of law or good practice, constitute infringement in the rights of a third party or on other grounds can entail a liability to pay damages for SP, are damaging to the goodwill which SP enjoys or in any other way, in the opinion of SP, are detrimental for the Service, the Staff or another user or SP. The same shall apply if it comes to the knowledge of SP that the Service is being used in a manner which contravenes the Agreement or, if SP, in the opinion of SP, is obliged to do such under applicable legislation. Before this takes place, SP shall inform the User that SP will de-register the User from the Service and remove the User’s StagePool from the Artist Directory. If SP incurs a liability to pay damages to outsiders, or other costs as a result of circumstances set forth in the previous
§13 FORCE MAJEURE
A party is relieved from sanctions for failure to fulfil certain obligations under the Agreement, if the failure is due to a circumstance of the kind which is stated below (“Relieving circumstance”) and the circumstance prevents, or considerably complicates the fulfilment in due time thereof and the party has not been able to control the circumstance. A Relieving circumstance shall be deemed to be, inter alia, an authority’s action or omission, new or amended legislation, departure of personnel, sickness or other impairment of work ability, death, labour-market conflicts, blockade, lightning, fire, flooding, loss or destruction of data or property of material importance, restrictions in power supply, shortage of transport, goods or energy, or for faults or delays in the delivery of goods or services by a supplier, faults in the public data or telephone or cable or mobile phone network and faults in hardware and software. If a party wishes to invoke relief pursuant to the provisions above, the party shall without unreasonable delay inform the counterparty hereof.
§14 TERM OF AGREEMENT
The agreement term for the Service varies depending on whether the User is halfyear or monthly payer.
You can see your expire date of your subscription if you log in to “your account setting” and then “subscriptions”.
For Monthly Payments, the following applies:
A montly payment, could be done with creditcard or Bank Withdrawls (“LastSchrift”) and is on-going according to StagePools policies.
The User binds him/herself to a subscription of at least 6 full kalender months. The subscription cannot be terminated before the end of the first 6 month period. After that, the User is able to terminate the Subscription by giving 30 days notice. However, the subscription must be terminated before the last calendar day of each month before the subscription can end. If the notice of termination is received later than on the last day of the month before the last month, the last month will also be paid for.
For Halfyear Payments, the following applies:
A halfyear payment can be done with CreditCard or by Invoice and is on-going according to StagePools policies.
The User binds itself to a subscription of at least 6 months. The subscription cannot be terminated before the end of the first 6 months period. After that, the Subscription is automatically extended by 6 months at a time, unless a written notice of termination is received no later than when 30 days remain of the agreement period. If the termination is received later than 30 days prior to the expiration of the agreement period, the Subscription is automatically extended by 6 months counted from the expiration of the current agreement period.
Termination of a subscription can only be done in writing by post or fax and is counted from the date of the frank applies.
A cancelation form can be ordered from: firstname.lastname@example.org Regardless of subscription type, the User is not entitled to receive a refund for payments already made for the Subscription.
SP is entitled to terminate the Subscription with immediate effect if the User is guilty of a fundamental breach of contract and does not rectify such within 14 days of receiving a written request thereof. The agreement term for the Service varies depending on whether the User pays by Autogiro or Invoice.
§15 AMENDMENTS TO TERMS
SP is entitled to amend provisions in the Agreement, the Prices and the scope of the Service (below Terms). The terms applicable at any given time, can be found on the Website. Amendments of a technical, administrative or developmental kind may be carried out immediately. Other amendments take effect 30 days after the Users concerned have been informed thereof. SP retains the right, at any time, to change the exclusive offers which are advertised on the Website and which are open to the User.
Notices regarding the Service can be found on the Website. Notices from the User to SP shall be sent via the heading CONTACT on the Website. In other cases, notices shall be sent by e-mail or, if this is not possible, by facsimile or registered mail. Such notice shall be deemed to be received by the counterparty; a) if sent by e-mail, when the counterparty confirms the receipt, b) if sent by facsimile, upon receipt of facsimile confirmation and c) if sent by registered mail, three (3) days after submission for forwarding by mail.
§17 CHOICE OF LAW ETC.
Swedish law and jurisdiction apply to this agreement. We apply the right to regret (the regret respite) which applies for 14 days pursuant to the Distance Contracts Act (sw. distansavtalslagen).
SP is entitled, without the User’s approval, to assign this agreement to another party. The User is not entitled to assign this agreement or its rights and/or obligations under the agreement to another party without SP’s written approval.