Terms and Conditions
1. Activated
1.1 By using our services, you agree to all of the following conditions. The use of our services is subject to our privacy policy. It describes how we collect, use, share and store your personal information.
1.2 If you register for the services of Theapolis, you are a member. If you do not register for our services, you can access certain features as a visitor.
1.3 This User Agreement and our Privacy Policy may be changed. Should we make any significant changes, we will notify you. This will give you the opportunity to review the changes before they take effect. If you disagree with changes, you can delete your account with us. If you continue to use our services after we post the changes to this User Agreement, that means that you agree to the new User Agreement.
2. Minimum age, property user account
2.1 You are entitled to enter into this contract if you are older than 16 years.
2.2 You agree to the following: (1) You make every effort to choose a secure password; (2) you keep your password secret; (3) you do not transfer your user account to others, and (4) you abide by the law.
2.3 You are responsible for all actions taken on your User Account unless you have reported abuse to us.
2.4 Your account is yours. This is important in relation to the relationship between you and other parties (including your employer). If our services have been acquired by another party for your use (eg paid by your employer), the party paying for the services has the right to control access to the services and your use of such paid services. However, it has no rights related to your personal account.
3. Payments
3.1 You comply with your payment obligations and agree that we store your payment information.
3.2 By purchasing our paid services, you agree to the terms of these paid services and agree to pay us the applicable fees and taxes. Failure to pay these fees will result in termination of your paid services.
3.3 Furthermore, you agree to the following: (1) We save your payment method, even after it has expired. (2) When you purchase a membership, your payment method will automatically be charged at the start of a membership period with the costs incurred for that period. This only applies to payments with a payment method that explicitly causes recurring payments. Please cancel in time before the extension date to avoid future burdens. (3) We will calculate the taxes you pay based on the billing information you provide us at the time of purchase. (4) You will receive your invoice in your user account settings.
4. Notifications and Messages
You agree that we may send you communications and messages in the following ways: (1) within our service or (2) to the contact address provided by you (eg, e-mail address, mailing address). (3) You keep your contact information up to date.
5. Publication
Theapolis is under no obligation to publish information or content on our services. We may remove them at our sole discretion with or without prior notice.
6. Rights of use
6.1 In the agreement between you and Theapolis, you own the content and information that you submit or post to Theapolis. You grant to Theapolis the following non-exclusive license: The worldwide, transferable and sublicensable right to use, copy, transmit to, or transmit any information or content you provide through Theapolis without your further consent or notice and / or compensation to you or any third party modify, distribute, publish and process.
6.2 This Limited Use License also extends beyond the end of use of our Services to you as far as data is concerned that is already being published by other persons in other publications and is thus transmitted by you but not your intellectual property.
6.3 This license also extends to all trusted third parties with whom we cooperate, to the extent necessary for our provision of services to you. We enable the searchability of the content you publish through search engine services.
6.4 You may terminate the license for specific content by deleting such content from Theapolis or by deleting your user account with us. You grant us a reasonable period of time to remove this content from backup and other systems.
6.5 You and Theapolis agree that content that contains personally identifiable information is subject to our privacy policy. You agree that Theapolis may access, use and store any information and personal information you provide in accordance with the terms of the Privacy Policy.
6.6 If you submit any suggestions or feedback regarding our services to Theapolis, you agree that Theapolis may use this feedback without compensation to you for any purpose.
6.7 You agree to provide us only with information and content that you may pass on to us. You also warrant that the contents of your Theapolis profile are accurate.
6.8 You agree to provide only content and information that does not violate the law or violate the rights (including intellectual property rights) of others.
7. Availability
7.1 We reserve the right to change or terminate any part of our services. We do not commit to save or continue to display information and content published by you.
7.2 You agree that we have no obligation to make available to you and to store or retain any copy of any content or information you or any other person may provide, except as required by applicable law and as set forth in our Privacy Policy.
8. Other content, websites and apps
8.1 Use of the Services may expose you to content or information that may be false, incomplete, delayed, misleading, unlawful, offensive, or otherwise harmful. We do not always review the content provided by our members or third parties. You agree that we are not responsible for such abuse.
8.2 If you allow a third-party Web site or app to authenticate you or connect to your Theapolis account, this app or webpage may access information related to you and your contacts on Theapolis. Apps and websites of third parties are subject to their own terms and conditions and privacy statements. Theapolis will not be liable for these other websites and apps unless otherwise required by applicable law.
9. Usage restrictions
Theapolis reserves the right to limit your use of the Services, including the number of contacts and the ability to contact other members. Theapolis reserves the right to restrict, suspend or close your account if we believe you are in breach of this Agreement or the law or misuse the Services.
10. Intellectual property rights
10.1 Theapolis reserves all intellectual property rights to its services. The use of our services does not mean that you have any ownership rights in respect of the Services or the content or information made available by our Services.
10.2 The trademarks and logos used in connection with the Services are trademarks of their respective owners.
11. Automatic data processing
You agree that we automatically process the information and data provided by you and other users to provide recommendations for potentially useful contacts, content and features. You agree that, for example, we may process data and information about you in order to recommend you jobs or to recommend you to recruiters. With an up-to-date and correct profile, you help us to make these recommendations relevant and applicable.
12. Disclaimer
12.1 Theapolis assumes no responsibility for the topicality, correctness, completeness or quality of the information published in our services.
12.2 Liability claims against Theapolis, which refer to material or immaterial nature, which were caused by the use or disuse of the information provided or by the use of incorrect and incomplete information, are excluded, unless Theapolis is proven to be intentional or grossly negligent.
12.3 We expressly reserve the right to change, supplement or delete parts of our services or the entire free offer without prior notice, or to discontinue the publication temporarily or permanently.
13. Termination
13.1 Both you and Theapolis may terminate this Agreement at any time by notifying the other party. Upon termination, you lose the right to access or use the Services.
13.2 Upon termination: (1) Theapolis may use and disclose your feedback. (2) Theapolis is entitled to store and publish all information about you that is generally accessible by previous publication (eg cast lists) even beyond the termination. (3) All payments owed by one of the parties before the termination of the other remain due after termination.
14. Dispute resolution and severability clause
14.1 You agree that the place of jurisdiction for disputes is Schwerin, Germany.
14.2 In addition, we draw your attention to the platform of the European Commission for online dispute resolution, which you can call in disputes.
14.3 Should a provision of this agreement be wholly or partially ineffective or lose its legal validity later, this shall not affect the validity of the remaining provisions. In place of the invalid provision, the statutory provisions apply.
15. DOS and don’ts
Theapolis is a platform for theater professionals. The following rules of conduct define what you are allowed and allowed to do within our services. You agree with the following statements:
15.1 They comply with all applicable and applicable laws, e.g. Privacy rights, intellectual property rights, anti-spam laws, export regulations, tax laws and regulatory requirements.
15.2 They provide us with true and complete information and ensure that they are always up to date.
15.3 You use your real name in your profile.
15.4 They use our services in a professional way. You agree that you will omit the following:
15.5 Create a false identity on Theapolis, misrepresent your identity, create a profile for someone else other than yourself, or use or attempt to use someone else’s account;
15.6 Develop, support or use means or processes to copy or harm our services or copy profiles and other data from the Services;
15.7 Override security features or overcome or circumvent other access controls or usage restrictions;
15.8 Copy, use, disclose, or distribute information obtained through the Services, directly or through third parties (such as search engines), without the permission of Theapolis;
15.9 Disclose information for which you have no authorization (for example, confidential information of others);
15.10 Violate the intellectual property rights of others, including copyright, patents, trademarks, trade secrets, as well as the intellectual property rights or other rights of Theapolis;
15.11 With regard to the submission of offers, it is not permitted to publish vague search advertisements – the offer has to specifically refer to a job or apprenticeship, an audition or a commitment; to integrate in the offer advertising for other products that have nothing to do with the offer; to conceal in the offer, if you receive a commission for the mediation of an offer; to publish an offer which has a condition unrelated to the qualification of the person seeking employment or training (for example, to receive unemployment benefit);
15.12 Publish anything containing software viruses, worms, or other malicious code;
15.13 Reverse engineering, decompiling, disassembling, decrypting, or otherwise attempting to derive the source code of the Services or a linked technology other than Open Source;
15.14 Without our permission, give the impression that you are affiliated with Theapolis or recommended by Theapolis;
15.15 Rent, lease, lend, trade in, sell / resell the Services or related data or access the Services or related data without the consent of Theapolis;
15.16 Use bots or other automated methods to access the services;
15.17 Monitor the availability, performance, and functionality of the services for competitive purposes;
15.18 Simulating the appearance or functioning of our services, e.g. through framing;
15.19 To obscure or otherwise modify the Services or their appearance, e.g. By adding elements;
15.20 Hamper the operation of our services or unduly burden them;
16. Contact
For messages or lawsuits please contact us. You will find our contact information on our Impressum – Legal Notice.
17. Right of Withdrawal
You can revoke your contract declaration in writing within two weeks without giving reasons. To maintain the cancellation period, the timely dispatch of the revocation is sufficient. Please direct the revocation to our address given in the Impressum – Legal Notice.
17.1 Special Notes: A direct debit return of our payment collection at your bank is not an effective cancellation and causes bank charges, which we have to charge you.
17.2 You expressly agree that we will commence execution of the service before the end of the withdrawal period.
17.3 The right of revocation does not exist, if you act in conclusion of the legal transaction in the predominant exercise of your commercial or self-employed professional activity and you are therefore regarded as an entrepreneur (§ 14 BGB).
17.4 If you expressly agree in the order process that Theapolis GmbH & Co. KG starts the execution of the contract and provides Premium Content (T+) before the expiration of the revocation period, your right of revocation shall expire by this consent with the start of the execution of the contract.
17.5 The right of revocation also expires if you have ordered an automatic extension of the membership period and the expressly recurring payment has already been completed. Please cancel in good time before the renewal date to avoid future charges.
18. Information on online dispute resolution
The EU Commission has created an Internet platform for the online settlement of disputes (so-called “OS platform”). The OS platform serves as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. You can reach the OS platform at the following link: European Commission online dispute resolution platform http://ec.europa.eu/consumers/odr
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