- CastFolio – „CastFolio.EU” Ltd., UIN 204636631, VAT № BG204636631, with registered seat and address in city of Sofia, Republic of Bulgaria, Mladost 1, bl. 3, entr. 10, ap. 166, represented by the Managing Director Nikolay Vasilev Mihaylov, email: niko@CastFolio.eu.
- CastFolio online platform or CastFolio platform or the platform – an online platform, which comprises of a web site www.castfolio.eu and a mobile application CASTFOLIO.
- Users – natural and legal persons who use or wish to use the functions and the services of the CastFolio platform. Users may be only sui juris adult individuals, as well as legal entities represented by their legal representatives or duly authorized third persons. Non-eligible users may not use the services of the platform.
- Profile – the private profile of the User or of specific production project, developed by a User, in the CastFolio platform.
- General Terms and Conditions – the present General Terms and Conditions. The General Terms and Conditions govern the rights and the obligations of the Users. By accepting the General provisions and/or with every performed action within the CastFolio platform the User declares that he/she is familiar with and accepts these General Terms and Conditions. The Users should read carefully the applicable General Terms and Conditions before proceeding to use the CastFolio platform.
- In order to use the CastFolio platform and its services, the Users must upload the website or must have installed the latest versions of the mobile operating system on their iOS devices. The CastFolio mobile application is designed for mobile devices which use iOS operational systems and is available for free download in the online store of Apple Appstore (iOS).
- Access to the CastFolio platform is free of charge but registration is required in order to be able to use all of its features. Users can not use the CastFolio platform before registering and creating a CastFolio platform account.
- With the act of registration, it is considered that the User has accepted these General Terms and Conditions.
- With the act of registration, the User declares that he/she has used his/her real identity and registered data.
- The registration in the CastFolio platform is made by entering the User’s data, icld. name, surname, e-mail address and password, as well as other data according to the CastFolio platform form. Registration can be made via other existing platform profiles, incl. Facebook.
- Individuals are required to fill in their real name, although they may choose their real name not to appear in their profile. A nickname or artistic name may appear instead.
- Individuals are required to upload their own profile photos, if they want to create or apply to job offers.
- Users shall be entirely responsible for all published information and materials in the CastFolio platform, including images and videos. They must own or must have arranged in advance all copyright and other rights on such materials, therefore the rights on such materials are deemed to belong to the persons who posted them. The User agrees that he/she has no right to upload or distribute or use in any other way materials for which he/she has not arranged in advance the rights of use and distribution.
- The User is responsible for the correct and truthful entering of the data and the information in the CastFolio platform.
- The User indemnifies and obliges to keep harmless and compensate CastFolio for all claims and actions from third parties, regarding information, images, videos or ther materials, updoaded, hyperlinked or otherwise shared or used in the platform by the User.
- The User is responsible for all activities that occur as a result of using his/her profile. The User undertakes not to provide his/her username and password to persons who he/she does not wish to act in his/her name and on his/her expense. If the User grants them to a person, it is considered that he/she has authorized him/her to act on his/her behalf and at his/her expense.
CONTENT OF THE CASTFOLIO PLATFORM
- CastFolio platform provides a social network tailored for the entertainment industry.
- With the CastFolio platform, professionals from the entertainment industry with different backgrounds may connect and discover potential work partners, jobs and crewmembers. A detailed description of the platform features and functionalities can be found on the website and in the mobile application.
- The features and functionalities may differ and change from time to time.
- Users accept and agree that the web site may lack some features and functionality of the mobile application and vice versa.
- For an additional payment the User is entitled to use additional services as described in details on the website.
- CastFolio is not responsible for the content entered by the Users in the CastFolio platform, for the accuracy and correctness of the data and material entered, the information, images, videos or other elements of the profies, job offers and job applications, as well as any other data and materials entered or provided by Users.
- CastFolio is not responsible whether User's data, images or videos are up to date, whether they are truthful and contains a full description of the User according to criteria provided in the CastFolio platform, whether the photographs or videos are relevant to the Users concerned, whether they are high resolution and quality, etc.
- Users upload all data, images and videos deliberately and voluntarily. Users declare that they are fully acquainted with all features and functionalities of the platform, as well as the right of CastFolio to distribute their information, images and videos to third parties, based on algorythms, encrypted in the platform. By uploading any kind of material, the user gives his/her explicit consent to castFolio tu use such materials for the purposes of the platform and to distribute them based on the platform functions and functionalities.
- Individuals also give their consent to be filmed during castings, campaigns and interviews and that such filmed materials to be uploaded in the platform, but viewed solely by parties, involved in the respective castings, campaigns and interviews.
- Users who use the CastFolio platform and enter data and information, images, videos or other materials are solely responsible for obeying the applicable law, incl. in the field of copyright protection, protection of lawful competition, consumer protection and data protection law. All claims relating to the authenticity and veracity of the entered data and materials must be submitted to the User who entered the information/materials.
- CastFolio is not responsible for the content entered by Users, including for the acquisition of copyrights on text, images, videos or other intellectual property. Users are solely responsible for all published data and material that violates the rights of third parties or are in conflicts with the applicable legal regulations. All claims related to violated personal rights or copyright or other rights should be brought against the User who posted them.
- CastFolio requires Users to provide only high-resolution images and videos that match reality, but can not guarantee such performance by Users. It is possible that the images, videos and the data in the CastFolio platform have informative and generic character. Some images or videos may create wrong impression and some data may be incorrect. It is possible the data to be incomplete or inaccurate. CastFolio is not responsible and does not owe any compensation to Users or third parties for such incompliance or incompleteness.
- The User agrees that CastFolio may use images, videos and other material for demonstration purposes and that such materials may not correspond to real persons, job offers, job applications, castings or other features of the platform.
- CastFolio does not guarantee that all data is up to date. The responsibility for updating the data is the Users’ themselves. All claims regarding the content and accuracy of the data and information should be brought against the person who posted them.
- The User agrees that all uploaded materials, incl. images and videos may be used by CastFolio for self advertising pusposes. The User gives his/her consent that CastFolio may use his/her images, videos and other uploaded materials and to include them in other productions with PR or commercial purposes.
- With the provision of personal data to CastFolio and the acceptance of these General General Terms and Conditions, the User confirms that he/she has provided his/her data voluntarily and that he/she gives his/her explicit permission to CastFolio for collection, processing, storage and providing of such data in accordance with the applicable Bulgarian legislation and when it is needed - for performing the services of CastFolio platform, accountancy, for contacting the User, and sending him/her notifications for CastFolio services.
- The User is solely responsible and liable for entering third persons’ personal data as well as for adding information, images or videos of third parties. The User is responsible for obtaining prior informed consent from third parties to fill in their personal data in the application and to add information, images or videos. By adding a third person’s information, images or videos, the User declares that he/she has obtained the consent of the third person to upload his/her data, photo or video, as well as the right of CastFolio to store, use, convert and process the provided information, photographs or videos.
- The User grants permission for access of the CastFolio platform to data directories, services, and features on his/her mobile device, as listed during the installation process of the mobile application.
- CastFolio has the right to send Users unrequested commercial messages or offer ads and information for CastFolio’s goods and services within the CastFolio platform.
- CastFolio has the right to send notifications to third parties that the User is using the CastFolio mobile application.
- Upon termination of the User's registration, the access to his/her account is suspended, as well as the access to the services provided by the CastFolio platform. CastFolio reserves the right in this case to store the information, which ahase been already provided by the User. The User will not be allowed to access the data and the information from his/her account after termination of his/her registration.
PRICES OF THE SERVICES
- Prices, currency, methods and terms of payment are described in details in the CastFolio platform.
- The services for which payment is due are described in the respective subscription plan. CastFolio does not owe services that are not explicitly requested and paid by the User, if payment is required for these services.
- Payment, on one hand, is a voluntary statement by the User that he/she agrees to pay for the service in advance, and on the other hand, it represents an electronic statement made by the User that he/she agrees with the CastFolio General General Terms and Conditions as well as the individual terms of the transaction, which the User has read and approved by himself/herself.
- Payment of the price allows the User to use his/her account and the corresponding service in the future for the period that was paid for. The right of use occurs after payment of the relevant price. The User is entitled to use the services only for the period for which he/she has paid the price in advance. The User is not entitled to use the services for which he/she has not paid in advance.
- In the event that the User does not wish to use the CastFolio paid services any more, he/she may suspend payment for future periods. The User agrees that when he/she has not paid the price for a service in the future, he/she does not wish to use CastFolio services in the future and CastFolio shall be entitled to immediately to terminate all paid services and to prohibit the User from accessing such services without owing the User any notification, notice or compensation.
- CastFolio does not owe refunding of any sums already paid. Even if the User decides to discontinue unilaterally the use of a paid service, such termination shall be deemed to had come into force upon expiry of the period for which he/she has already paid for and CastFolio shall not owe refund of amounts already received.
RIGHTS AND OBLIGATIONS OF THE PARTIES
- When using the CastFolio platform, the User undertakes to obey these General Terms and Conditions, the applicable legislation and to respect the rights and legitimate interests of third parties.
- The User understands and agrees that CastFolio has the right to decide which actions of the User constitute a violation of these General Terms and Conditions as well as to undertake the appropriate measures to remedy such violation.
- CastFolio, when assessing a potential security risk and/or disruption of the normal operation of the CastFolio platform, and in case of suspected violation of the law or the rights of third parties, is entitled to prohibit the use of the CastFolio platform by the User and to suspend the use of the CastFolio platform by the User without notice and without owning refund or any other compensation. In this case, CastFolio is not responsible for any loss of User data or any other damages.
- The User is prohibited from using or allowing third parties to use the CastFolio platform to take and perform attacks and malicious actions on any other computer system, connected to the Internet.
- The User is responsible for the confidentiality of his/her access data to the CastFolio platform (username and password) and assumes full responsibility for all activities, actions and statements, including electronic statements made by the User and/or through his/her account. In case of doubt that for some reason the confidentiality of his/her data is under threat, the User must immediately notify CastFolio. If he/she has not done so, it is considered that all actions through the User's profile have been performed by him/her personally and he/she is responsible for them.
- CastFolio has no obligation to look for facts and circumstances pointing to an illegal activity. All content of the CastFolio platform is provided "as it is" without any guarantee from CastFolio of any kind or nature, expressed or implied, it disclaims and excludes all other warranties including but not limited to: accuracy, reliability, timeliness, completeness, suitability for a particular purpose, non-infringement of intellectual property rights or other related rights. Apart from the above, CastFolio does not guarantee or make any representations as to the accuracy, probable performance or reliability of the use of the entered data and materials for any purpose.
- The User is liable and undertakes to indemnify CastFolio for any lost profits, damages and losses as a result of violation of the law or of these General Terms and Conditions by the User.
- CastFolio does not guarantee that the access to the CastFolio platform will be uninterrupted, secured, and error-free, as long as this is beyond the capabilities, the control and the willpower of CastFolio.
- CastFolio is not responsible for interrupted access to the CastFolio platform, as well as for the non-processing or inappropriate processing of search queries, including in circumstances beyond its control - force majeure, incidental events, Internet network problems, etc.
- CastFolio is entitled at any time without notice or notification to extend or restrict the scope of the services it provides through the CastFolio platform, to alter the terms, including the requirement for payment of services, access, registration, etc. CastFolio is not responsible for damages and lost profits as a result of a restriction or the change of services.
- In any case, the User is liable for any damages that he/she has caused directly or indirectly to CastFolio in connection with performing any actions with the CastFolio platform, with the improper or unlawful use of the CastFolio platform or in contravention of these General Terms and Conditions.
COPYRIGHTS AND OTHER RIGHTS OF INTELLECTUAL PROPERTY
- All content of the CastFolio platform, including all published texts, images, photos, videos, articles, program code, is copyrighted. Beyond information about Users, all rights to the content of the CastFolio platform belong to CastFolio and as such are under the protection of the Copyright and Neighbouring Rights Act. Copying and using them constitutes a gross violation of CastFolio rights and the imperative provisions of the Bulgarian and the EU law.
- CastFolio requires from persons who publish information in the CastFolio platform, including images, to have arranged in advance all copyright and other rights in such materials, therefore the rights on such materials are deemed to belong to the persons who posted them. The User agrees that he/she has no right to distribute or use materials for which he/she has not arranged in advance the rights of use and distribution.
- All material and immaterial copyrights on the CastFolio platform, including but not limited to design, logo and other graphic elements, software, program code and functionalities, working materials and demos, belong to CastFolio and CastFolio owns the intelectiual property on the CastFolio platform as well as the associated web platform and all its elements and components, know-how about all CastFolio platform activities and functionalities. CastFolio is also the owner of the CastFolio trademark, the CastFolio mobile application name and the domain name of the website with all possible extensions. Copying and using them constitutes a gross violation of CastFolio rights and the imperative provisions of Bulgarian and EU law.
- In all cases, whether or not expressly listed above, the User is prohibited to copy, store, process, publish, distribute in original or processed form, or otherwise use the texts, images or other parts of the content of the CastFolio platform.
- When creating a CastFolio platform profile or account, the User does not acquire any rights or licenses on the content of the CastFolio platform, the CastFolio products or brands, or those of third parties.
- The User has no right to access the CastFolio platform program code and may not copy or modify it in any way. Any attempt by the User to access, copy or modify the platform program code is considered a gross violation of these General Terms and Conditions and CastFolio rights.
- Users shall be authorized to download the CastFolio mobile application for their personal and non-commercial purposes. Users are only entitled to use the CastFolio mobile application in accordance with its usual purpose, without the right to modify or copy materials, to use the materials for commercial purposes or public display (commercial and/or non-commercial), to decompile, decompose or perform reverse engineering of the software of the CastFolio mobile application, to remove indications of copyright or other intellectual property rights from the content of the materials, to provide a "mirror" copy of the materials for uploading to other servers. The right to use shall be automatically terminated in case of violation of some of the basic restrictions and may be withdrawn at any time.
- In the event of non-compliance with any of the above conditions, CastFolio shall be entitled to immediately suspend the use of the CastFolio platform by the User without owing notification, notice or compensation, as well as to claim compesation for any damages and lost profits from the User's actions.
- The User undertakes to provide the consent of all of its employees and agents (if any) to whom they have granted access to their account, to respect the copyright and other intellectual property rights of CastFolio.
- The trademark CastFolio and all of its variations, as well as the domains with that name, are owned by CastFolio. The use of this trademark, domain or name, directly or indirectly (such as, but not limited to, meta tags and other indexing or Internet search techniques) without prior written permission from CastFolio, is prohibited and is punishable by law.
- Prohibitions of copyright infringement and other intellectual property rights of CastFolio are valid for all third parties, whether or not registered in the CastFolio platform and/or have an account, and in case of violation CastFolio is entitled to receive compensation for all damages and lost profits, resulting from the actions of such third parties.
AMENDMENTS TO THE CASTFOLIO PLATFORM
- CastFolio has the right at any time to make changes and improvements to the CastFolio platform as well as the form and content of the provided services.
- CastFolio has the right to suspend any of the offered services temporarily or permanently.
- In these cases, CastFolio is not responsible for damages and lost benefits by the Users.
COMMUNICATION WITH THE USER
- By entering the data and the contact details, the User explicitly agrees that CastFolio will use all technical means of communication with the User for which the User has specified contact details.
- The provision of data and contact details by the User does not oblige CastFolio to contact the User.
INFORMATION AND CONSENT
The User declares that he/she has been provided with information and is aware of:
- the name and address, as well as any other identification data for CastFolio;
- all features of CastFolio services;
- the cost of services, including all taxes and charges, as well as service packages;
- the form of payment and other terms of service provision;
- the right of the User to give up the services;
- the period for which the price of the services is in force;
- the conditions for use of the services;
- the terms and the warranty periods;
- CastFolio contact information, including by telephone and e-mail;
- the technical steps for concluding the contract for the use of the services and their legal significance;
- the technical means of identifying and correcting errors in the entered information before the contract is made.
- The User agrees to the conclusion of a distance contract as well as for advance and prepayments for the delivery of the services.
- The User declares that he/she has been provided with information and is aware of:
- CastFolio informs Users that within the meaning of Art. 50 of the Bulgarian CPA, the User has the right to cancel the contract within a 14-day period from the date of conclusion of the contract.
- In this case, however, CastFolio services are of digital content that is not physically materialized, and on the basis of Art. 57, item 13 of the CPA, Users have no right of withdrawal within the meaning of Art. 50 of the CPA, in respect of digital content contracts which are not physically materialized and whose execution has begun with the explicit consent of the User.
- The User declares his/her explicit consent and accepts that the service is activated immediately after registration and/or payment and that afterwards he/shall lose the right of withdrawal regardless of whether the User himself/herself has carried out active actions of service use. The User gives his/her explicit prior consent and accepts the execution of the contract to commence before the expiration of the period for exercising the right of withdrawal. The User understands that by giving consent to the start of contract performance, he/she will lose the right of withdrawal.
- The services are activated upon payment, so CastFolio does not owe refund of a paid service, regardless of whether the User has actively used the services.
- Users however can delete or suspend their CastFolio membership anytime. In this case they won’t be listed or able to be contacted by other Users. CastFolio may keep the data about the User's profile and offers even after deletion request, but without making it publicly visible.
NOTIFICATIONS, REPORTS AND BLOCKING
- Unless expressly stated otherwise, all notifications shall be made to the contact addresses posted in a prominent place in the CastFolio platform and, respectively, to the e-mail and other contact details of the User, specified by him/her at the time of registration.
- Users can report other users and specific job posts for violating these General terms and conditions or for any other reason;
- Users can be blocked by CastFolio for violating these General terms and conditions and for any other reason at any time.
- After a profile block is effective the profile page of the User will be listed as temporarily unavailable, all the offers created by the User shall be frozen, not listed in the feed and all the applicants shall receive a notification that they have been frozen.
- After a report for a job post has been issued, CastFolio may investigate it and may decide to freeze or delete it.
- After a report for a User has been issued, CastFolio may investigate it and imay decide to freeze the account for a certain amount of time.
- After a user receives five daily, 10 weekly or 30 monhtly reports for the same reason, CastFolio’s system will automatically freezе his/her profile and block them from using the platform and its services.
- All visitors to the CastFolio platform, whether or not they have signed up, undertake to obey these General Terms and Conditions, and to refrain from any action that would adversely affect the rights or legitimate interests of CastFolio, incl. not to perform any actions which aim to destroy or harm the CastFolio platform, or any other system, or publish any material with prohibited, indecent, defamatory, threatening or malicious content for CastFolio or for a third party.
- The invalidity of individual texts of these General Terms and Conditions does not invalidate the whole General Terms and Conditions.
FORCE MAJEURE AND OTHER TERMS
- CastFolio is not responsible for non-performance, in part or in full, of obligations and commitments resulting from force majeure.
- CastFolio is not responsible for damages, lost profits, costs, claims or other responsibilities to the Users or third parties, if they have occurred as a result of non-compliance with these General Terms or the applicable law by the User or by a third party.
- In any case the liability of CastFolio shall be limited to one monthly subscription fee, paid for the service, with which the respective claim is related.
AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS
- CastFolio reserves the right to change the General Terms and Conditions without prior notice to Users.
- It is the responsibility of the Users to monitor and familiarize themselves with the changes to the General Terms and Conditions.
- Changes come into force immediately and are binding for all Users. Some changes may have a retroactive effect on orders and services, which have been already delivered or made.
- CastFolio is not responsible for errors that may occur on the CastFolio platform, including errors caused by changes, settings and other actions, which have not been performed by CastFolio.
- For all unsettled matters the Bulgarian law shall apply, including when the platform is used by foreign Users.
- Any dispute related to the services provided through the CastFolio platform shall be settled in Bulgaria by the Arbitration court at the Bulgarian union of arbitrators, having its seat in Sofia, Bulgaria, and according to its Rules for arbitration.