General Terms and Conditions of Use

IMJ-ONLINE.COM is an International Online Journal for models and actors. The online service provides and publishes sector-specific news, reports and messages for models and actors as well as a network for models, bookers and actors.

When you log on as a customer at IMJ-ONLINE.COM – contractual partner,

Minogue Verlag GmbH
Pankstr. 8-10a
13127 Berlin
Deutschland

- hereinafter called IMJ, you accept the following itemized terms and conditions of business. These then become an integral part of the contract. Within the context of an existing business relationship, our general business conditions are also valid even if reference is not made to them in the case of an individual business deal. These General Terms and Conditions are valid exclusively for all IMJ customers, even if the service is utilized or accessed by customers outside of the Federal Republic of Germany. Other business conditions of the customer are not accepted.

Persons under the age of 18 may not use this service. If you do not accept the validity of the business conditions you will not be able to register.

1. Subject Matter of the Contract

a. The subject matters of the agreement are services that are both free of charge as well as services for which the customer will be charged for a particular, prolongable period of time. Before utilizing a chargeable service, the customer is informed that the respective service is liable to costs and is informed of the costs that will be incurred. The services offered include the following:

• IMJ NewStar Account [ Please click here for the description of services]
• IMJ Exclusiv Account [ Please click here for the description of services]
• IMJ Booker Account [ Please click here for the description of services]

b. The subject matter of the contract is specifically not a placement agency for models or artists.

c. The operator offers their services exclusively for commercial purposes – the customer is obliged to use the services exclusively for commercial purposes.

d. The period of validity of the contract package (IMJ NewStar Account, IMJ Exclusiv Account, IMJ Booker Account) is 12 months. The contract is extended by a further 12 months if it is not terminated by the customer 60 days before the end of the period of validity in writing or by means of the termination form provided on the website for this purpose.

e. IMJ reserves the right to change the prices. The customer will be informed of price increases before the cancelation period expires (d.) via a notice on the website. Such price increases will only apply in the case of an extension from the beginning of the extension period.

2. Access/Conclusion of Contract

a. To access and use IMJ services, customers must register. The customer can use a password and a user name (pseudonym) chosen by himself/herself.

b. At registration, the customer acknowledges these General Terms and Conditions and declares that he/she is of full legal age. Upon registration, a contractual relationship exists between IMJ and the registered customer, which conforms to the regulations of these General Terms and Conditions.

c. When the customer orders a chargeable service, he/she enters a further contractual relationship, separate from the registration, with IMJ. The customer is informed of the respective chargeable relationship and the terms of payment before this contractual relationship is concluded. The contractual relationship comes into existence when the customer clicks to confirm the order and the liability for payment.

d. The customer assures the operator that all the information submitted during registration as well as during the payment process is correct and true to the best of his/her knowledge.

e. The costs incurred by the services liable to payment as well as the payment method are explained in the respective services liable to payment.

f. The operator is entitled to block a customer´s access if the customer uses the system illegally and/or under infringement of the responsibilities specified in these General Terms and Conditions. Blockage of access does not alter the duty of payment for the ordered services.

g. Payments made to the operator will not be refunded.

h. We will charge a fine of 68.00 EUR to the user for attempts to utilize unauthorized credit cards. Suspected abuse of data will be reported to the German Law Enforcement Agency and Interpol as routine and the offender will be investigated.

3. Scope of Services

a. IMJ basically enables an establishment of contact between registered bookers and customers. In terms of this contract, a contact inquiry also applies if the customer responds to the contact request of a booker. IMJ provides all customers with a dispatch function on their website for the option of (anonymous) establishment of contact and application.

b. Before accessing services that are liable to charges, customers are informed of the fact that these services are liable to costs. The costs incurred, the scope of services and the payment arrangements are defined and explained when the respective services that are liable to costs are ordered. The customer can use the chargeable services after the payment transaction has been concluded.

c. The operator is only responsible for the publication of a profile or the transmission of checked communications, not the success. The operator only provides the technical mechanism that generally enables establishment of a contact. The operator is not responsible for ensuring that a contact is established.

d. With the account packages NewStar and Exclusive, IMJ is not liable for a fixed number of communications regarding casting calls. IMJ will report announced casting calls for bookers, but has no influence or guarantee regarding place, time and number of messages or casting calls.

e. The customer agrees that only such pictures and texts are published that meet the guidelines. The guidelines can be found here. The customer is obliged to observe these guidelines.

4. Use of Data, Circulation of Data and Further Data Transmission

a. The protection and security of all customer data is a high-priority concern of IMJ. IMJ therefore commits to observe the statutory data protection regulations, in particular the Federal Data Protection Act (BDSG) and the Telemediengesetz (German Telemedia Act TMG) in the business of its service.

b. Collection of Necessary Data
In order to provide the service, the operator must collect, save, process and use the person-related data entrusted to him under observation of the data protection conditions. This can only take place if the customer consents, by confirming the General Terms and Conditions, to the collection, storage, processing and use by the operator or a company commissioned by the operator of the person-related data that is accumulated when the service is utilized and implemented. The operator records this consent.

Person-related data is data that contains information on the personal and factual circumstances of a certain or ascertainable customer. At registration, customers are asked to provide information on the following: first name, last name, street, gender, date of birth, email address, residence, zip code and date of birth. This data, except for the zip code, is not displayed to other customers. When a chargeable product is ordered, the name, exact address and account data, if necessary, is also stored for the purposes of handling the purchase.

The customer is aware that all data in his/her profile that is visible on the website to other customers who are logged on and which is released by the customer for this purpose, including zip code and gender, etc. is also transmitted to the email addresses of other customers for the purpose of expanding the circle of prospective interested parties.

c. Further Utilization of Data
The operator does not transmit customer´s person-related data to third parties unless the customer has declared his/her prior explicitly consent or a statutory obligation for data transfer exists.

If the customer gives the operator full consent to collect, save, use and process further voluntary data for individual information purposes and care, the operator will store the customer´s personal data for a longer period of time in accordance with the statutory requirements and use the data for the purposes specially authorized by the customer. The operator will also record this consent.

d. Profile Usage
The operator will perform analyses or have analyses performed regarding the behavior of their customers within the context of the utilization of the service and set up anonymized profiles for this purposes. The only reason for this is to constantly improve the operator´s service. The evaluations and profiles are not performed on a person-related basis, but are implemented and created anonymously.

e. Use of Cookies
The operator uses "cookies" to develop and optimize the online experience and online time of the customer. A cookie is a text file that is either stored temporarily in the main memory of the computer ("session cookie") or is stored on the hard drive ("permanent" cookie). Cookies are not used to execute programs or to load viruses onto your computer. The main purpose of cookies is rather to provide a specially tailor-made offer to the customer and to construct the use of the service in as timesaving a manner as possible.

The operator uses predominantly "session cookies" that are not stored on the customer´s hard disk and are deleted when the browser is closed. Session cookies are used here for login authentication and for load balancing (balancing of the system load).

In addition, the operator uses cookies if a customer accesses the operator´s services via external advertising space. These cookies do not contain any person-related data of the customer and are automatically deleted when the customer logs on to an IMJ website – otherwise they are deleted automatically after four weeks.

The operator uses "permanent" cookies to trace clickstreams and to differentiate automatically if a customer has already participated in a survey or has already viewed info messages or advertising banners that have been placed on the website, so that these are not displayed again the next time the customer visits the website.

If the operator´s service is integrated in the website of a partner company, these partner companies can also use cookies on the integrated websites of the operator. The operator does not have any control over this and is not responsible for the practices of these partner companies. The operator recommends checking the data protection guidelines of the respective partner company.

The customer can accept or reject cookies at any time. If the customer decides to switch off cookies, performance might be reduced and may reflect negatively on the usage of the operator´s services.

f. Deletion and Correction of Data
The customer can revoke his/her consent to the storage of his/her person-related data or demand the correction of his/her data stored by the operator at any time. The customer is also entitled at any time to revoke his/her consent to the collection and storage of other voluntary data by the operator. In this case, an email via the online IMJ contact form will suffice. If the customer revokes consent to the storage and processing of person-related data, the operator cannot provide any further services for the respective customer.

g. Information on Stored Data
The customer is entitled to view person-related data about his/her person that is stored by the operator free of charge and at any time. This request for information must be issued in writing. The request for information must be addressed in writing to

Minogue Verlag
Pankstr. 8-10 a
13127 Berlin
Germany

with an enclosed copy of the customer´s identity card.

h. The customer is also aware that data protection in the event of data transmission through the Internet according to the current state of the art cannot be guaranteed completely comprehensively. The customer thus bears the responsibility for the security of the data transmitted through the Internet by himself/herself.

i. The operator is entitled but not obliged to check texts, uploaded photos and graphic files with regard to their compatibility with the law in force as well as with these General Terms and Conditions and – if necessary – to change or remove the respective contents.

j. In line with proper business practice, IMJ is entitled to transmit the data required for billing and payment to third-party companies. In this case, the customer is informed and their consent is required. It is explicitly stated that third-party companies may be authorized to handle the payment procedure.

5. Right of Cancellation

a. The customer is entitled to cancel the contract as of the date of expiry of the contractual period with a time limit of 60 days. Otherwise 1.d. above applies.
Payments that have already been made will not be refunded.

6. Operator´s Liability

a. Moreover, the operator does not accept any liability for the possible misuse of information. It is possible that customers might use IMJ-ONLINE Services despite a ban in an admissible or illegal manner. The operator is not liable in the case of such inadmissible or illegal utilization of the services. The operator is also not liable in the event that third parties misuse data and information that has been made accessible to them by the customer himself/herself.

b. The operator is not liable for proper operation of the service at all times or the uninterrupted availability or accessibility of the service. In particular, the operator is not liable for failures in the quality of access to the service due to force majeure or due to events that the operator cannot influence. Neither is the operator liable for the unauthorized obtainment of knowledge of personal data of the customer by third parties (for example, through the unauthorized access of "hackers" to the database).

c. For damages that do not occur as a result of one of the above-mentioned causes, the operator is only liable in the case of intent and gross negligence of his agencies, employees and assistants and only in so far as he has contributed to the onset of the damage in relation to other causes.

d. A liability for simple carelessness can only be considered if essential contractual obligations (cardinal obligations) have been violated, whereby the liability is restricted to the foreseeable and directly resulting damage.

7. Customer´s Responsibilities and Duties

a. The customer avouches that he/she will use exclusively pictures of himself/herself or affiliated persons who have declared their consent for publication. In addition to this, the respective Photo Guidelines apply.

The customer is solely responsible for the contents of his/her registration and thus for the information he/she provides about himself/herself. The customer affirms that the information given corresponds to the truth and describes himself/herself personally. Incorrect information that is provided deliberately and/or with fraudulent intent can result in civil proceedings. This will also lead to immediate cancellation of the contract. This does not affect the operator´s claim to compensation.

b. In addition, the customer affirms that the information confided to him/her about third parties will not be used for advertising purposes.

c. The customer is obliged to indemnify the operator from all liability and in particular from all obligations, expenditure and claims that could result from damage due to defamation, insult, infringement of copyright and/or personal rights, due to the loss of services for other customers, infringement of these terms and conditions, due to the violation of intangible goods or other rights.

d. The customer is obliged to treat emails and other messages confidentially and not to make these accessible to third parties without the prior consent of their author. The same applies for names, telephone numbers, residential and email addresses and/or URLs etc., of other customers.

e. The customer is required to call up the messages arriving for him/her at regular and appropriate intervals and if necessary to archive them on his/her own computer or on other storage media. The operator is entitled to delete messages stored in the customer´s account after a period of twelve months after dispatch or receipt without further inquiry.

f. Moreover, all customers undertake to not misuse the service, in particular:

• ot to divulge any defamatory, offensive or in any other way illegal material or information about it;
• not to threaten other persons or to infringe or violate the rights (including personal rights) of third parties;
• not to upload any data that
  a) contains a virus (infected software) or
  b) contains software or other material that is protected by copyright, unless the customer has the rights to this material or the required consent;
• not to use the service in a manner that adversely influences the availability of offers for other customers;
• not to intercept emails and not to attempt to intercept them;
• not to send emails to customers for any other purpose than communication and in particular to refrain from promoting or offering goods or services to other customer (except in cases where this is explicitly permitted by the operator);
• not to send chain letters;
• not to state names, addresses, telephone or fax numbers, email addresses, etc. in the person´s description, unless this information has been explicitly requested.

g. The failure of any customer to observe one of the behavioral obligations listed in Section 7.f can lead to immediate termination of the user agreement as well as to civil and criminal proceedings for the customer themselves. The operator reserves the right to exclude the customer from his service if the customer publishes, in the operator´s view, immoral, obscene or right/left-wing extremist contents or photos at registration or during the course of use of the service.

8. Communication

a. IMJ sends messages to its customers via screens after "Login" or via email. Messages from customers to IMJ are sent by email via the addresses specifically provided on the IMJ ONLINE pages (online contact form) or by post.

9. Right of Use and Copyright

IMJ advises that customers are prohibited from placing contents on the advertising platform from which third parties could derive copyrights or other rights.
If IMJ becomes aware of the fact that contents that infringe the rights of third parties have been placed on the advertising platform, IMJ reserves the right to delete these contents immediately. If third parties assert justifiable claims for disclosure as a result of this infringement, this request will be complied with.

The customer is obliged to check whether any information they wish to place on the site is exempt from third party rights. If the customer does not comply with this obligation, IMJ is entitled to indemnity claims from the customer. We refer to item 7 of these Conditions of Use "Customer’s Responsibilities and Duties“.

IMJ explicitly advises that checks are made on a regular basis to determine whether the rights of third parties are violated. If third parties become aware of a violation of rights, we request that IMJ is informed immediately so that the respective actions can be implemented in order to resolve the violation.

IMJ is not responsible for copyright infringements of the published graphical material and other contents of third parties. The respective customers are responsible for the graphical material and other contents placed on the site. IMJ is not responsible as a service provider for external information that is conveyed or to which access for use is conveyed, as IMJ has not initiated the conveyance of this information, has not selected the addressees in the conveyed information, and has not chosen or changed the information. In this respect IMJ refers to § 8 of the German Telemedia Act (TMG).

10. Jurisdiction and Applicable Law

The law of the Federal Republic of Germany applies, with the exclusion of the German conflict of laws provisions. In the case of legal action, the operator´s registered office applies as the place of jurisdiction – provided this is legally admissible. In the event that the customer or his/her legal successor relocates his/her residence or usual whereabouts outside of the geographical scope of the civil process order or his residence or usual whereabouts are unknown at the point in time when the lawsuit is filed, Berlin is agreed as the place of jurisdiction.

11. Objections

a. The customer must assert and justify any objections to the amount of costs debited or invoiced at the latest six weeks after debit of the rejected costs or after receipt of the rejected invoice in writing to IMJ. If the customer does not raise any justified objections within this 6-week period, the debited or invoiced costs will apply as approved.

b. In the event of a justified objection, the customer will be reimbursed with the legally asserted amount or his/her account will be extended by the period of time for which the customer has asserted justified objections. Moreover, the customer is entitled to set IMJ an additional time limit of five working days for proper compliance and to demand a credit. If the reason for the objection still has not been eliminated after the additional time limit has expired, the customer is entitled to terminate the contract and can also demand a proportional reimbursement of the paid fee. Insignificant restrictions in the service do not justify an objection.

12. Right of Withdrawal, Exclusion of Right of Withdrawal

As a customer, you can revoke your declaration of intent to conclude the contract without stating reasons within two weeks in writing (e.g. as a letter or e-mail or by returning the goods). The period commences at the earliest upon receipt of the revocation instruction in writing and the goods. Sending the revocation or the goods within the time limit shall be sufficient to amount to compliance with the revocation period. The revocation must be sent to:

Minogue Verlag GmbH
Pankstr. 8-10 a
13127 Berlin .

Consequences of revocation: In the case of an effective revocation, the services received by both sides shall be returned and, where applicable, benefits derived shall be surrendered. If, as a customer, you are unable to return the services received in full or in part or only in a deteriorated condition, you must compensate us for lost value if necessary. This does not apply to goods surrendered if the deterioration of goods is solely caused by examining them, as would have been possible for you to do in the shop. Incidentally, you can avoid the obligation to compensate for lost value by not using the goods as if you owned them and refrain from doing anything that could reduce their value. Goods that can be dispatched by parcel are to be returned. Goods that cannot be dispatched by parcel will be collected. Obligations to reimbursement of payments must be complied with within 30 days after the notice of revocation has been sent.

Special Note: Your right of revocation expires prematurely if we have begun to perform the service with your specific consent before the end of the revocation period or if you have initiated this yourself (e.g. through downloads, etc.).

-End of Revocation Instruction-

Each customer registration at IMJ will be confirmed by IMJ via e-mail. This confirmation informs the customer that IMJ will only provide services, according to the EU law in force, once the remuneration has been received and the term of revocation has expired in accordance with the Distance Selling Act. If the customer desires, he/she can waive the right to revocation before the term has expired by logging on to IMJ with his/her personal login data before the revocation period has expired and beginning to use the services offered. The right of revocation also expires if the customer initiates a service of the operator (such as publications of phots, sending/answering a contact request).

13. Miscellaneous

a. The operator is entitled to delegate the task of providing parts of the service spectrum or the entire service spectrum to third-party service providers and assistances, provided that this does not lead to disadvantages for the customer.

b. The operator is entitled to change these terms and conditions and to adapt them to the respective law in force. The customer will be informed of changes to the General Terms and Conditions via email. A reference to the address in the Internet at which the new version can be called up is sufficient in this case, instead of an enclosure of the complete text. If such changes are not objected to within 14 days of the message, they count as accepted and are valid for the customer from the day of expiry of the term.

c. If one provision of the contract or the General Terms and Conditions becomes invalid or if the contract is incomplete, the remaining contents of the contract are not affected.

d. Under the conclusion of the contract, the operator does not automatically save the contract text. The customer is therefore required to archive the respective contract text valid at the point of the conclusion of the contract and accessible on the operator´s website on his/her hard disk or in another manner.

e. In the event of conflicts between the English version and the German version of these General Terms and Conditions, the German version has precedence.