II. General provisions
1. The Website accessible at youArtiste.com is an innovative and international network dedicated to professional film and theatre artists.
2. The Website is intended for actors, directors, producers, agencies, including talent, actors and casting agencies, studios, and theatres.
3. The Website helps you build your Personal Brand’s Power, promotes your artistic activity and your creative persona, and enhances your brand positioning. The Website also offers Casting Management Tools to assist casting directors, directors, producers, agencies, studios and other persons responsible for the selection of actors for various roles in a film, television, theatre, or commercial productions.
4. In order to be able to use the Website, Users need to have a terminal (a computer or a mobile device) with access to the Internet and a web browser: Internet Explorer 10 or newer, Firefox 23 or newer, Opera 36 or newer, Chrome 45 or newer, Safari 10 or newer.
5. The Website is available in 3 language versions: English, French, and Polish.
6. youArtiste.com shall not be a Party to any agreements made by Users, nor it has any influence over any declarations of intent made by Users, but it only provides the technical means for the Users to publish their content online.
7. youArtiste.com is not an agency, nor does it represent any individual Users or charge any commission or flat-rate fees for any agreements made between Users through the Website.
8. youArtiste.com is not responsible for any User actions on the Website, nor for their unsatisfactory performance or non-performance of any agreements they might enter into through the Website.
9. The Website may be used solely to publish the content which is allowed under the laws and regulations applicable in Poland. Users shall be responsible for the content they publish, and in particular all Users declare that the content they publish is true and accurate and does not violate these Terms of Service, the applicable law or any third party rights.
10. All materials available on the Website (including, but not limited to, graphics and trademarks) are subject to copyright, industrial property rights, including trademark registration rights and database rights held by youArtiste.com or Users, and as such are provided with statutory protection.
III. Terms and Conditions
1. To become a User you need to be a natural person of legal age, 18 or older, having full legal rights or capacity, a legal person, or a non-corporate organisation, represented by their duly authorised proxies.
2. In order to register on the Website, Users need to select one of the following types of Accounts:
3. Registration is voluntary and free of charge.
4. In order to access, manage or take actions on behalf of any actor, director or producer accounts, Agents/Agencies (or representatives) shall be fully authorized by you (“the User”) and contractually bound to you. It is a responsibility of the User to ensure that, and confirm that, any person, including your Agent or representative, who accesses your account/profile is fully authorised by the User.
5. After completion of the registration process, an e-mail will be sent to the address provided in the form in order to confirm your e-mail address. Upon e-mail confirmation, your registration information will be verified, and if approved, another email will be sent granting you access to the Website.
6. Upon successful registration verification, an agreement shall be made between the User and youArtiste.com for the services provided through the Website on the basis of these Terms of Service. The agreement shall be made for an indefinite period of time and shall enter into force on the date of User registration.
7. Users shall be granted access to their Accounts on the Website when they provide a valid login information (e-mail address and password).
8. The User must keep youArtiste account password secure and confidential. The User shall not disclose his/her login or password information to any third parties, and shall use a password that is difficult to guess.
9. All actions taken on the basis of a valid login and password shall be considered to be actions taken by the User.
10. The User shall promptly update their Account data to ensure that these are accurate at any time. No incomplete or inaccurate data shall be provided.
11. The User shall not use Accounts of any other Users or provide access to his/her Account to any third parties, except as permitted by law.
12. The User shall have the right to delete their Account from the Website.
13. Through the Website, Users may present information, photographs, films, images, and other promotional content.
14. The User represents and warrants that he/she has all necessary licenses, rights, consents, and permissions to any of the contents that he/she publishes on the Website, including any photographs, videos, audio files, documents, and other materials, as well as all necessary consents from all photographed or filmed persons, and by submitting these contents on the Website, the User agrees on a free-of-charge basis and for an unlimited time and on any territory, for the same to be published on the Website and on youArtiste YouTube channel, and to be:
- recorded and/or copied using any technique (in any system and format and on any data carrier), including printed and digital media,
- entered into computer memory, computer and/or multimedia network, or database,
- made publicly available so that anyone can have access to them in a place and at a time of their choice (e.g., online), and using any telecommunication services through any systems or devices,
- publicly performed, played back, exhibited, displayed, broadcast, or rebroadcast, e.g., using any analogue and/or digital equipment, especially suitable for the storage and playback of audio and/or video files,
- digitally processed to meet the requirements of any website,
- used in various formats, in part or in full, including the right to include them (or their parts) in any other works, and to create compilations (abstracts),
- used for the promotion of the Website by youArtiste.com,
- subject to sublicensing or transfer of rights by youArtiste.com.
16. Some contents of the Website are available to all Internet users.
17. Users may not publish any content which:
- may be considered vulgar, offensive, abusive, or pornographic,
- incites hate, racism, xenophobia or violence,
- contains random characters or is rendered by automatic scripts.
IV. Star rating system
1. The User who meets verification criteria shall be rated 1-to-5-stars in a star rating system, using star images, which shall be visible on the User’s profile.
2. The criteria shall be:
- how many times their profile has been visited,
- how often their Account is updated and logged into,
- how many references they have received and given,
- how many likes their profile has received,
- how complete is their profile data.
V. Subscription plans and prices
1. On the Website Users may use various types of Accounts, as referred to in III.2 of these Terms of Service.
3. The subscription prices are listed in Polish zloty PLN (for all Users in Poland) and include the applicable EU VAT (European Union value-added tax) rates, or they are listed in foreign currency EUR (for all other Users) and do not include EU VAT rates. Different rates of VAT apply to different EU member states. The EU VAT does not apply to countries outside the EU.
4. The User may pay the price using Przelewy24.pl, an online payment system. Using Przelewy24, the User may pay via bank cards or quick money transfers. The User shall be automatically redirected to a consumer payment system: Przelewy24.pl. The youArtiste.com website does not provide payment services to Users.
VI. Withdrawal and termination of the agreement
1. The Service Provision Agreement made between youArtiste.com and the User may be terminated by the User at any time with immediate effect by removing the Account.
2. Within 14 days of the agreement, a User who is a consumer under the Civil Code may withdraw from the agreement without the need to provide any reasons. For the Agreement Withdrawal Form Template, refer to Appendix 3 to the Terms of Service: Agreement Withdrawal Form Template.
VII. Complaints and final provisions
1. User complaints related to non-performance or unsatisfactory performance of the agreement by youArtiste.com shall be sent in writing to YOUARTISTE Sp. z o.o. at ul. B. Z. Nowickiego 8, 85-796 Bydgoszcz, Poland, or by e-mail to firstname.lastname@example.org
2. youArtiste.com shall consider each complaint within 14 days of its reception.
3. Any User who is a consumer shall have the right to have their claims investigated out of court by the Permanent Consumer Court of Arbitration operating at the Kujawsko-Pomorskie Province Inspector of the Trade Inspectorate in Bydgoszcz. For the relevant procedures, refer to http://www.uokik.gov.pl under the “Rozstrzyganie sporów konsumenckich” [Consumer dispute resolution] tab. Any User who is a consumer shall also have the right to use the EU Online Dispute Resolution platform available on http://ec.europa.eu/consumers/odr.
4. These Terms of Service might be amended from time to time. Any amendments to these Terms of Service, and their entry into force, shall be sent by email and/or published by youArtiste.com on the Website. Consumers shall be notified individually via their respective e-mail addresses. Should any User being a consumer refuse to accept any amendments to these Terms of Service, they shall have the right to terminate the agreement within 14 days of being notified of the amendment. In such situations, consumer Users shall be eligible for the reimbursement of any payments made to the Website, pro rata to the services rendered by youArtiste.com. Any amendments to these Terms of Service shall enter into force 14 days of their notification according to the terms and conditions specified above. Any subsequent use of the Website by the User shall mean that they have accepted the amended Terms of Service.
5. These Terms of Service have been written in the Polish language. Should there be any discrepencies between the Polish language version and its translations into other languages, the Polish version shall prevail.
ul. B. Z. Nowickiego 8
85-796 Bydgoszcz, Poland
e-mail address: email@example.com
I, …………………………………………., hereby withdraw from the Service Provision Agreement for the Website available on www.youartiste.com.