IMPORTANT

Should nevertheless any content or constitution of the various pages at talentarena.com, rights of a third party or other legal provisions be infringed or should there be other legal concerns, we would kindly ask to shortly, formally or informally notify us, even via telephone free if charge. Illicit content will be subsequently deleted, or any other legal inadequacy will be removed, respectively. Legal warnings without prior notice do not coincide with our actual or alleged objective (see also § 8 Abs. 4 UWG). Please read our agreement (General Terms and Conditions) thoroughly before using the website or any other elements of the website because they are subject to legal terms and conditions.

Please carefully read, understand, and accept the generals terms and condtions before using any content of this website. The usage of this webiste is associated with legal conditions.

1. Scope and Object
2. Account types; specification of services
3. Registration and Conclusion of Contract
4. Cancellation, cancellation policy, consequences of cancellation
5. Termination
6. Grant of use rights; release
7. Shops for premium talentens: shipping / delivery; prices
8. Disclaimer; Copyrights
9. Setting-off, rentation
10. Conditions of payment; default
11. Privacy policy
12. Applicable law, place of peformance and legal venue
13. Declarations of the parties
14. Severance clause

I. Scope and object

1. These general terms and conditions govern the use and access to the platform TALENTARENA™ (www.talentarena.de, and all sub-pages) owned by TALENTARENA GmbH, Stresemannstrasse 375 / Unit 11, 22761 Hamburg, (also hereinafter referred to collectively as "TALENTARENA", "we" or "us" or similar). Our general terms and conditions also apply in full to all business relations with our customers. By registering on our website, customers accept the following general terms and conditions as binding for the business relationship. We are not bound by any divergent general terms and conditions set out by our customers and not expressly acknowledged by us in writing. Nor do such divergent general terms and conditions become part of this agreement through tacit agreement or performance without reservation.

2. The services offered on our website are targeted exclusively at persons who have reached majority.

3. We offer the users of our website and its subpages, particularly creative individuals, a platform from which individual users can connect with others. Thus you should view our platform as a portal that provides technical and communications applications intended to facilitate the general establishment of contact between users. We would like to emphasise that we are not involved in any way in the content of the communication between the users. We are not party to any contractual arrangements made between users using our website and are thus neither a contracting party nor otherwise entitled or obligated. We would furthermore like to emphasise in particular that we are not liable in the event that such agreements are not properly fulfilled by the respective contracting parties or by third parties or are otherwise breached.

4. We would like to draw your attention to the fact that, for technical reasons, it is not possible to make our website and its subpages available in their entirety. We shall endeavour, however, to maintain constant availability of our website and its subpages as far as possible. Maintenance, service or capacity issues or similar, as well as events that are beyond our control (such as e.g. disruptions to public communication networks, power cuts etc.) may lead to brief disruptions or the temporary suspension of the services related to this website. In such cases we shall endeavour to the best of our abilities to resolve the disruption as soon as possible.

5. We reserve the right to amend the services offered on our website and its subpages at any time, or to offer different services, unless this would be unreasonable for the users.

6. We reserve the right to amend our general terms and conditions and the services offered on our website at any time, without stating reasons, unless this would be unreasonable for the users. We shall inform you in good time of any amendments to our general terms and conditions; the notification will include information on possible cancellation rights.

7. We advise you to print or save the general terms and conditions, as well as our privacy policy and our provisions about our disclaimer. Our privacy policy, as well as our disclaimer, is part of the general terms and conditions. For any further inquiries contact us at anytime.

II. Account types; specification of services

Our website currently features four different types of account: Spotter Account, Talent Account, Premium Talent Account and Director Account. The Spotter Account and the Talent Account are available free of charge. The Premium Talent Account and the Director Account are subject to a charge.

1. General:

1.1 We reserve the right at any time to alter as we see fit the content and design of the "Spotter Account" and "Talent Account" accounts provided. We have the right furthermore to completely cancel or delete "Spotter" and "Talent" accounts. On the right to terminate and cancel the account at any time, see below V. 1.

1.2 With regard to the amendment of the content and design of a "Premium Talent" and "Director" account, as well as with regard to the issue of future continuation of the account types "Premium Talent" and "Director" on our website, the provision set forth in section I. shall apply. 6. For issues relating to termination, please see point V below.

1.3 All types of account have the option of exchanging points for items (cash-in-points). This bonus system serves as an incentive to encourage ratings and comments on Talent and Premium accounts. Abuses (e.g. spam) may lead to suspension of the account from this system.

2. Spotter Account:

2.1 Setting up a Spotter Account is free of charge. The Spotter Account is activated by registration (entering personal information, such as e-mail address, user name, etc.). Which data is required for registration can be derived directly from the requirements during the registration process on our website.

2.2 The Spotter will receive the newsletter on request, which he can cancel at anytime via email or via our account system.

3. Talent Account:

3.1 Setting up the Talent Account is free of charge; the account is activated by the registration of the applicant (entering personal information, such as e-mail, user name, address, date of birth, etc.). Registration will be successfully completed following acceptance of the applicant's application by TALENTARENA service department. Which data is required for registration can be derived directly from the requirements during the registration process on our website.

3.2 The Talent may upgrade his/her account to a fee-paying Premium Talent account at any time.

3.3 The talent will receive the newsletter on request, which he can cancel at anytime via email or via our account system.

3.4 Ein rechtmäßiger Anspruch auf die Annahme einer Bewerbung des Bewerbers besteht nicht.

4. Premium Talent Account:

4.1 The Premium Talent Account is subject to a charge. The current price list can be found on the registration pages.

4.2 The Premium Talent Account is activated for the period booked in each case following payment of the account fee. The premium talent account shall be automatically extended for a further booking period if not cancelled within the notice period (see below, V). The duration of the preceding booking period determines the duration of the extension.

4.3 The Premium Talent Account differs from the free Talent Account in particular in that the Premium Talent also receives a free shop, which is integrated into the shop system on our website. The Premium Talent Account also has additional benefits in comparison with the standard Talent Account.

4.4 The production and payment processing in the Premium Talent's shop is dealt with by TALENTARENA. The Premium Talent merely provides the information for the production, and the sales margin is paid monthly from the sale of the products manufactured by us.

4.5 The Premium Talent him/herself sets the price from a range of price categories specified on our website. The price of each price category is comprised of production costs, sales margin of the premium talent, share for TALENTARENA and costs for the use of an external payment system.

4.6 As regards further conditions relating to the Premium Talent shop, in particular shipping/delivery, prices and delivery charges, see VII below.

4.7 Under "Status Report" the Premium Talent is provided with an overview of sales margins achieved and items sold.

4.8 The Premium Talent is paid the sales margins achieved via our website according to his or her own specifications, provided the monthly sales margin exceeds EUR 10 and the last payment is more than 14 days ago. Otherwise, the amount will be carried forward to the next month. In the event of the cancellation of the premium account, all sales margins not yet paid - irrespective of the EUR 10 threshold - shall be paid to the Premium Talent.

4.9 The talent will receive the newsletter on request, which he can cancel at anytime via email or via our account system.

5. Director Account:

5.1 The Director Account is subject to a charge. The current price list can be found on the registration pages.

5.2 The Director Account will be activated for the period booked following registration and payment of the account fee. The Director Account shall be automatically extended for a further booking period if not cancelled within the notice period (see V below). The duration of the preceding booking period determines the duration of the extension.

5.3 The Director can present his/her company or label on our website. He/she is furthermore entitled to contact Premium Talents directly (talent scouting), to announce pitches (creative competitions) and to list job offers.

5.4 The Director also has the option of running advertising and competitions (e.g. a music contest). The competitions and the running thereof shall be designed in collaboration with us. We shall in consultation with the director charge a special fee for our involvement in the running of such competitions.

III. Registration and Conclusion of Contract

1. By completing the registration process or application for a specific type of account, the user submits an offer for the conclusion of an agreement on the use of the services involved. We accept this offer by activating the user for the relevant services. This acceptance concludes the agreement between the user and us.

2. We are bound by agreements and/or ancillary agreements with our sales staff or their confirmation only if these agreements/ancillary agreements/confirmations were expressly confirmed by us in writing.

3. We do not provide any benefits, services or products to minors. All of our benefits, services or products may only be validly obtained by adults. The user warrants and assures that he/she is of the age of majority at the time of registration.

4. The user warrants and assures that all information he/she provides during registration is true and complete. The user must notify us immediately of any changes to his/her user data.

5. We would like you to note that, for technical reasons, we are not able to determine for certain whether a registered user is in fact the person he/she claims to be. Users should bear this in mind in their communication and business transactions with other users and satisfy themselves by other means in respect of the identity of said users. The information provided by a user does not constitute a guarantee on our part of the actual identity of that user.

6. Users do not have the right to abuse our website for the purposes of defamation, slander or libel, irrespective of the person against whom the libelous statements are made. We shall not tolerate on the part of our users any illegal or racist activities (e.g. breaches of copyright or trademarks of third parties) or any such activities potentially harmful to minors. Such behaviour by a user will lead to the user concerned being blocked from our website. Should you become aware of a violation by a user on our platform, please notify us by informal means without a costs note. We will then remedy the existing breach and, if necessary, bar the user concerned from continuing to use the pages of our website.

IV. Cancellation right, cancellation policy, consequences of cancellation

Cancellation policy

Cancellation right:

1. If you are a private end-user (a consumer within the meaning of Section 13 German Civil Code), you have the right to cancel your registration within 2 weeks, without the need to state reasons. The period shall not begin before the activation date of your account, but no earlier than the date of receipt of this notice in writing (e.g. letter, fax or e-mail). Timely dispatch of the cancellation is sufficient to comply with the deadline.

2. Furthermore, you can cancel your registration for a premium membership in writing within 2 weeks of switching from a free membership to a premium membership without stating reasons (e.g. by letter, fax or e-mail), . The period shall not begin before the activation date of your premium account, but at the earliest on receipt of this notice in writing (e.g. letter, fax or e-mail). Timely dispatch of the cancellation is sufficient to comply with the deadline.

3. The cancellation can be made in all of the aforementioned instances in writing (e.g. by letter, fax or e-mail) and should be addressed to:

- Subject: Cancellation-

E-Mail: kontakt < at > talentarena.de

4. The cancellation right does not apply, unless otherwise provided, to distance contracts (see Section 312d ( 4) German Civil Code (Bürgerliches Gesetzbuch, BGB)):

- for the supply of goods made-to-order or obviously tailored to meet personal needs or goods which, on account of their condition, are not suitable for return or could perish or which have exceeded the use-by date

- for the supply of audio or video recordings or of software, if the customer has broken the seal on the data storage media supplied,

- for the delivery of newspapers, magazines and glossy magazines.

5. The user's right of cancellation lapses pursuant to Section 312d ( 3) BGB prior to expiry of the two-week period if

- we have begun to render services for which you registered as a user with your express consent or

- you yourself effected the rendering of our services for which you registered as a user (e.g. by using our services, which we provide as part of the membership selected by you during the registration process).

6. Your right of cancellation under this clause does not affect your termination rights pursuant to section V.

Consequences of cancellation:

1. In the event of effective cancellation, the services received by both parties are to be returned and any benefits obtained (e.g. interest) surrendered.

2. If you are unable to return the service received in full or in part or only in a deteriorated form, you may be required to pay compensation. This obligation to pay compensation enters into force only if you have been notified of this legal consequence in writing, at the latest upon conclusion of the contract, and have been informed of ways of avoiding this obligation.

3. Obligations to reimburse payments must be fulfilled within 30 days of dispatching your cancellation declaration.

V. Termination

1. Both parties may cancel a free membership at any time, without stating reasons, and delete the corresponding free account without notice. Termination addressed to us can be made via our website or in writing (e.g. letter, fax or e-mail) and should be addressed to:

- Subject: Termination -

E-Mail: kontakt < at > talentarena.de

To correctly assign your termination, please also state your user name and registered e-mail address in your termination letter.

Both parties may cancel a fee-paying membership (Premium Talent Account and Director Account) at any time, without stating reasons, with two weeks' notice to the end of the use period booked during registration or subsequent to the expiry or an extension period. Termination can be made in writing (e.g. letter, fax or e-mail) to the respective other party and - in the event that you are the party declaring the termination -should be addressed to:

- Subject: Termination -

E-Mail: kontakt < at > talentarena.de

For documentation purposes, we recommend that you send the termination by registered post. To enable us to correctly assign your termination, please also state your user name and registered e-mail address in your termination letter. Following your termination of a fee-paying membership, you have the option of taking out free membership (e.g. following termination of the Premium Talent Account you can still use the free Talent Account) until its date of expiry.

3. We and you, as the user, have the right at any time to terminate your membership and the resulting contractual relationship between us for good cause. Good cause for termination without notice is given in particular where the continuation of the contractual relationship until the expiry of the statutory notice period would, taking account of all circumstances of the individual case and considering all interests affected, be unreasonable. Good cause can in particular be:

- failure on the part of the user to comply with statutory requirements and these general terms and conditions,

- damage to reputation and image (e.g. the user concerned is a convicted criminal and there is a risk that he/she will commit further crimes at the expense of other users),

- the user is a member of, or advertises, associations or bodies - or their methods or activities - which are under observation by the police, security services or the child welfare department,

- if the user causes damage to one or more other users or third persons via our website (e.g. defamation, slander, libel, breach of copyright, breach of trademark etc.)

4. Where good cause exists we furthermore have the right, in addition to our right to cancel without notice, to take the following measures against the user concerned:

- deletion of all data and content uploaded to anywhere on our site by the user,

- legal warning issued by a lawyer to the user concerned,

- barring the user from further use of our website and its subpages.

This is without prejudice to other statutory or contractual claims.

5. We are required to reimburse advance payments to us only if you terminate your membership for good cause for which we are responsible.

VI. Grant of use rights; release

1. If you upload a film, piece of music, images or other copyrighted or otherwise legally protected material, irrespective of whether these are uploaded to your account or elsewhere, you grant us a simple right of use, free of charge, to present the piece or the material concerned as often as we see fit and without any spatial or temporal limitation on our website and its subpages, to make it publicly available, to distribute and make it available for access by third parties. In particular, you also grant us a simple use right to present your material or contribution in the "Featured Artists" section and to draw attention to you and your contribution e.g. in press releases or by using the material. Any further use for advertising purposes is subject to your express consent.

2. By uploading the piece or the material, you assure and warrant that you are entitled to dispose over the rights granted to us pursuant to VI. 1. and have not yet otherwise disposed over them. As a Premium Talent Account holder, you further assure and warrant that the material offered and sold in your shop does not breach any laws or regulations and in particular complies with the applicable child protection laws and third party copyright and trademark rights.

3. If you breach the provision set forth in VI. 2. you shall release us from all claims by third parties, specifically compensation claims, asserted against us, our legal representatives and/or agents on the basis of the use of the rights granted by you pursuant to VI. 1. To this extent, you are also required, inter alia, to reimburse all court or out of court costs incurred by us, our legal representatives and/or agents in defending such claims up to an appropriate level. The fees and expenses set forth in the German Lawyers’ Fees Act (Rechtsanwaltsvergütungsgesetz - RVG) are deemed appropriate. This does not affect any other contractual or statutory claims on our part against you.

4. The rule in VI. 3. does not apply if you are not responsible for the breach of rights concerned.

VII. Shops for premium talents: /delivery; prices

1. The agreement between the Premium Talent as the manager of his/her shop on our website and the purchaser of his/her products is concluded exclusively between these two parties. We are not party to the agreement, even if we help the Premium Talent concerned with the production of the relevant goods. To this extent we are merely agents of the Premium Talent pursuant to general statutory provisions, e.g. where applicable in the individual case, as regards the production and delivery of the relevant product. The Premium Talent concerned shall itself determine the applicable conditions, including the price, payment and delivery conditions for the items for sale in his/her shop. Our general terms and conditions do not apply to this contractual relationship.

2. Unless otherwise expressly agreed between the Premium Talent and the purchaser, the delivery of items produced by us in accordance with the specifications and requirements of the Premium Talent is made in the name of and on behalf of the Premium Talent from the TALENTARENA warehouse to the purchaser's address provided to us. The Premium Talent concerned shall immediately notify us of any deviations. In all other cases the Premium Talent is itself responsible for the delivery of the relevant goods. In all cases, only the Premium Talent is liable vis-a-vis the purchaser; we are not liable.

3. In all instances we act merely as the paying agent for the seller (Premium Talent). The items purchased shall be delivered upon receipt of the full payment amount to the TALENTARENA account within the delivery period stated by the Premium Talent. We shall provide the purchaser with our payment details - in addition to the seller's data - in a confirmation e-mail relating to his/her purchase in the relevant shop.

4. The prices for the respective items in the shop of the Premium Talent concerned are stated in Euro and exclude delivery costs but include VAT at the applicable statutory rate.

VIII. Disclaimer; Copyrights

1. In all cases mentioned in these general terms and conditions and with respect to all sides, liability on the part of TALENTARENA is either excluded or limited to damage to life or limb, provided these are not based on wilful or negligent breach of obligation on the part of TALENTARENA or wilful or negligent breach of duty on the part of a legal representative or agent of TALENTARENA.

2. TALENTARENA does not assume any liability for the constant, uninterrupted availability of its online service. Error-free availability is not technically feasible.

3. We expressly reserve the right to temporarily or completely alter, supplement, delete or suspend publication of parts of the various pages of www.talentarena.de or the entire service contained therein, without prior notification.

Liability for contents: whilst we endeavour to ensure that the content of our pages is up-to-date, complete and correct, we cannot guarantee this. According to Section 7(1) of the Telecommunications Act, we are responsible, pursuant to the general statutory provisions, for own content on our pages. We are not however under any obligation to monitor information transferred or stored by third parties (Sections 8-10 Telecommunications Act). As soon as we become aware of any breaches of the law, we shall remove the relevant content immediately. However, liability in this respect shall be assumed only from the time at which we become aware of specific breaches.

5. Liability for user-generated content: the user of our platform is liable for ensuring that the content uploaded, stored, distributed, made publicly available, presented and/ or published on our platform does not breach third party rights. The same applies to goods purchased from the user via our website. The user is also responsible in particular for ensuring that these contents or the goods sold by him/her via our platform do not breach personal rights, copyrights, trademark rights and other protective rights of third parties, child protection laws, other statutory or official prohibitions or public policy. If a user, without our knowledge, uses illegal content via or on our platform or contravenes third party rights e.g. also through the sale of goods via our platform, we request that the holder of the rights notify us of this without cost notes. We will remove existing breaches immediately and if necessary exclude the user concerned from further use of the various pages of www.talentarena.de. If a user places content on our website in breach of the applicable laws and without authorisation, or sells goods via our platform, the sale of which is illegal, he/she is obligated to release us from all third party claims, particularly compensation claims, asserted against us, against our legal representatives and/or agents on the basis of the illegal actions of the user.

6. Our pages contain links to external websites operated by third parties. We have no influence on the content of these linked pages. The provider or operator of the respective content is always responsible for the correctness thereof, which is why we do not make any guarantee whatsoever in this regard.

7. In all own publications on this website we aim to observe the copyrights and ancillary copyrights in respect of images, graphics, audio files, video sequences and texts. The content and works compiled by us on these pages are our intellectual property and are governed by German and international copyright laws.

IX. Setting-off, retention

1. You are entitled to set-off payments only if your counterclaims have been determined by a court of law or are uncontested by TALENTARENA.

2. Furthermore, you are entitled to exercise a retention right only insofar as your counterclaim vis-a-vis us is based on the same contractual relationship.

X. Conditions of payment; default

1. You have several payment options to choose from. Unless otherwise agreed in writing between us, or provisions to the contrary are contained in the service or product-specific performance specifications or price lists, you can settle invoices by way of the direct debit procedure offered by us, in particular the credit cards accepted or by way of the online payment option provided there. If a payment cannot be collected, the user shall bear all resultant costs, in particular bank charges in connection with the reversal of direct debit payments and comparable charges (e.g. for credit card charges) to the extent to which he/she is responsible for the event leading to the costs.

2. The fees for the Premium Talent Account and for the Director Account are due for payment immediately upon receipt of invoice for the entire term booked. Payment must be made in Euro, and TALENTARENA is not required to pay any bank charges.

3. If the customer defaults on payment, TALENTARENA is entitled to demand default charges of 5 percentage points p.a. over the basic rate of interest set by the European Central Bank. If, in the event of default in payment, TALENTARENA is able to prove higher damage caused by delay, TALENTARENA is entitled to assert this claim.

4. In the event of default in payment by the customer, TALENTARENA is obligated to render additional services only if the customer has paid the entire amount outstanding and has provided security for further performance. This does not affect other claims or rights on the part TALENTARENA.

XI. Privacy policy

As regards issues relating to privacy policy, please refer to our privacy policy. It is part of these general terms and conditions.

XII. Applicable law, place of performance and legal venue

1. All agreements concluded with you in accordance with these general terms and conditions are governed by the laws of the Federal Republic of Germany to the exclusion of international private law and the UN Convention on the International Sale of Goods, as transposed into German law.

2. Place of performance is the place of business of TALENTARENA.

3. To the extent legally permissible, the legal venue for all disputes shall also be the place of business of TALENTARENA. Otherwise, the legal venue specified by law shall apply.

XIII. Declarations of the parties

Unless expressly otherwise agreed between the parties, you may address all declarations to us, in writing (e.g. letter, fax or e-mail) to:

E-Mail: kontakt < at > talentarena.de

We are authorised to send declarations to you by e-mail, by fax or by letter to the addresses stated by you as your current contact details in your user account

XIV. Severance clause

Should a provision of these general terms and conditions be or become invalid, this shall not affect the validity of the remainder of the provisions or the agreements based hereon. The invalid provision shall be replaced with a valid provision that comes as close as possible to the economic purpose of the invalid provision.

Updated on: 15th of June 2008