Terms and Conditions

SPECIAL CONDITIONS OF USE PLEASE READ THESE TERMS OF USE CAREFULLY. THE USE OF THE SERVICES BELOW DESCRIBED SHALL, FOR YOUR PART, INVOLVE THE PREVIOUS ACCEPTANCE, EXPRESSED AND WITHOUT EXCEPTIONS OF ALL THE TERMS AND CONDITIONS HERE PROVIDED.

IF VD. IT IS NOT CONFORMING WITH THE PRESENT PARTICULAR CONDITIONS OF USE, DO NOT USE THE SERVICES.

THE PRESENT PARTICULAR CONDITIONS OF USE ARE AN INTEGRAL PART OF THE LEGAL NOTICE OF THE WEBSITE AND APP.

1. OBJECT

1.1 These Specific Terms of Use are intended to regulate the conditions applicable to the use of the services available on the Website and App (hereinafter, the Service).

1.2 The Service is aimed at anyone looking for artistic talent and / or want to exhibit their own or that of third parties; actors, singers, musicians models and in general to all those users who, due to their artistic abilities, physical characteristics, professionals or amateurs, can or feel able to participate in the different disciplines of content production, TV series, movies, announcements, special actions, theater, events, private events, circus performances, advertising photographs or any type of audiovisual or graphic content, etc.

1.3 Access to the Service of this Website and App is totally prohibited to minors. Therefore, with the acceptance of these Conditions, the User guarantees that he / she is of legal age and is responsible for this declaration. Minors can only have a profile on the Website and App if they are represented by their parent or legal guardian, the latter being a professional agent. The contact information with minors will always be those of the legal representative (parent, guardian or professional representative).

To prove its status, VISUALBOOK may require the parents or guardians of the minor to provide a copy of the national identity documents (DN.I.) or equivalent documents. In any case, VISUALBOOK can contact the parents or guardians of the minor to check their condition.

1.4 The Service is provided to the User in the capacity of End User, for its exclusive use, so that in no case may he resell or distribute the Service to third parties.

2. SERVICE DESCRIPTION

2.1 Registered Users

2.1.1. The Service allows anyone to register on the Website and App to search, select and contact profiles with artistic talent. A User will always be able to search the Website and App without prior registration, but to enjoy the complete Service, he must register.

2.1.2 Registered Users may decide to open a PUBLIC PROFILE in their name, in order to be found and contacted. A User who creates a PUBLIC PROFILE will also become a TALENT and may share their information and / or personal and professional content with the registered Users, with the purpose that the latter include it in their selection processes for any Casting that , in his opinion, suits his professional profile. In addition, the Service includes advanced functionalities, such as a space where Users can exchange work material, as well as the possibility of cataloging stored audio-visual archives.

2.1.3 Registered Users may also represent at an amateur level (children or relatives), or professional, other TALENTS, up to a maximum of 4 profiles. A User may open the PUBLIC PROFILES of third parties, with prior consent of these, and associate them with their User account to represent them, the latter being the one that may choose to receive their calls or messages. It is also possible that there are TALENTS that, even registering themselves, associate their contact information with a third party, their REPRESENTATIVE.

2.1.4 Likewise, registered Users may search for TALENTS, being able to communicate with them through the messaging service. Registered Users who search for TALENTS will be considered SCOUTERS within the Website and App.

2.2 Public Profile

2.2.1 The TALENTS may activate their profile on the Website and App for free. For this, they will have to register and provide their contact information and other information required throughout the registration process. In a second step, the User will upload their contents, understanding as such, their photographic book, as well as the audio-visual work already done, with a maximum of 1 photograph and 1 video, in addition to the profile picture.

2.2.2. In order that the content provided by the TALENTS is correct and the profile base is always updated VISUALBOOK will take a maximum of 48 hours to filter your profile to make it visible on the Website and App ("Validation"). In addition, in order to keep the database updated, the platform will send an automatic alert warning the User that if he does not update his profile at least once a year, he will be deactivated from the database.

2.2.3 The User is aware and accepts that the information provided through the Website and App for the PUBLIC PROFILE will be accessible to any User who needs to create an audio-visual content, professional or amateur of the production, including, a title merely enunciative but not limiting, producers, producers, casting directors, photographers, freelance producers, or any professional or amateur who wants to produce a content with the purpose that said professionals include the User in their selection processes in case the same is preselected for any casting that, according to the registered users, adapts to the professional profile sought.

2.2.4 In general, contact with the TALENTS will be made through the Calling or Messaging system, once the contact is established by the interested SCOUTER or REPRESENTATIVE, the TALENT will be able to provide their information through the messaging service. Personal contact or continue contact through the messaging system.

2.2.5 However, the User is aware and accepts that their telephone data will be shared by VISUALBOOK with those SCOUTERS or REPRESENTATIVES that have contracted the Premium services offered on the Website and App.

2.2.6 VISUALBOOK cannot be held responsible for the contents disseminated by a User that are likely to contravene the rights of one or more Users or third parties and in relation to which VISUALBOOK has not been informed by any User or third party. or has not had an effective and prior knowledge of the existence of such content.

2.3 Registration

2.3.1 The registration in the Website and App is personal. It is strictly forbidden to provide personal data of third parties, without their consent.

2.3.2 Likewise, the User guarantees to keep all the information provided in the Website and App permanently updated so that it responds, at all times, to the real situation of the User. In any case, the user will be solely responsible for false or inaccurate statements made and the damage caused to the service provider or third parties for the information provided. Likewise, the User guarantees to be of legal age.

2.3.3 For the provision of part of the Service, the User must register in the Website and App. A registration with Facebook or Google +, or manually (name and surname, email and password) is sufficient. Once the registration is completed and after acceptance of these conditions, VISUALBOOK will send you a confirmation email. After sending the confirmation, the User will be considered registered. The User may access his User Account, after entering the "username" and "password".

2.3.4 When the User so wishes, he / she may (i) modify his / her registration data, (ii) activate or update a PUBLIC PROFILE whenever he / she wishes, (iii) represent third parties, (iv) order his / her searches by opening Project folders. o Favourites, (v) send Messages or Calls to the TALENTS and receive them if it has an active PUBLIC PROFILE and (vi) order your searches or your files using the Control Panel of your User Account.

2.3.5 The Service has a series of administration and management facilities accessible via the web. Access and use of the Service require, therefore, the opening of an account on the Website and App and the use of a username and password or password. In accordance with the provisions of the Legal Notice in this matter, the User agrees to safeguard the keys and to make a personal use of them. If he knew that a third party had access to them or had accessed the Service on his behalf and without his consent, the User should immediately inform VISUALBOOK of this circumstance by contacting the VISUALBOOK Customer Service. The User is solely responsible for the use of his password is made.

3. PREMIUM SERVICE

The process of registration and registration in the Service is free of charge, whether you are a Search and / or Representation User (SCOUTERS and REPRESENTATIVES), or if you are a User with an ACTIVE PUBLIC PROFILE (TALENT). Likewise, Users have the possibility to subscribe, through the payment of an economic consideration, to one of the PREMIUM PLANS to access exclusive advantages.

3.1 Premium Visibility

Those Users who have activated a PUBLIC PROFILE, their own or those of third parties, will be able to access an exclusive PREMIUM account for TALENTS that will give them greater visibility in the platform and the digital ecosystem.

Different PREMIUM PLANS are offered, with different advantages:
br> o Positioning : the Premium profile will appear in the first positions as long as the search matches your profile.

o Promotion in the media : the Premium profile will be promoted through the marketing campaigns of the Website and App in their social network accounts and by sending mailings to their database.

o Social Vibuk : Web presentation with its own URL www.vibuk.com/nombretalent. It allows the Talent to promote itself, sharing the same from its control panel the URL in Social Networks, winning I like you and offering a link to your full public profile in Vibuk.

o International : the Premium profile will be accessible to Users from other countries, outside their country of subscription.

o More multimedia : the Premium Profile can upload to your Public Profile more audio-visual content.

o Who has seen your profile : The Premium Profile will have access to the visualization statistics of its Public Profile.

o Only paid castings : the Premium Profile will have the possibility of receiving exclusively castings and / or messages with remunerated job offers, avoiding those not remunerated.

o Advice : the Premium Profile will be advised by the VISUALBOOK team about their public profile, how to be more attractive and what improvements can be made. They also have personalized assistance through email. The characteristics and prices of the PREMIUM VISA PLANS can be consulted in the "Premium Visibility Plans" section.

3.2 Premium Wanted / Represented

Those users who want more features for the search and / or representation of talent, will be able to access an exclusive PREMIUM account that will allow them:

& nbsp; & nbsp; & nbsp; & nbsp; o The opening of Project and Favourites folders unlimited, being able to include in each folder an unlimited number of TALENTS.

& nbsp; & nbsp; & nbsp; & nbsp; o Massive and unlimited Castings call.

& nbsp; & nbsp; & nbsp; & nbsp; o Send unlimited messages / chats

& nbsp; & nbsp; & nbsp; & nbsp; o Represent unlimited profiles.

The subscription modalities, prices and characteristics of the PREMIUM PLAN of search and / or representation can be consulted in the section "Premium Wanted / Represented" .

3.3 Prices

The prices of the PREMIUM PLANS will be those in force at all times, indicated in the sections of PREMIUM PLANS and they will be established according to the type of PREMIUM PLAN and the subscription modalities.

Prices are expressed in euros and include all applicable taxes.

3.4 Subscription Process

3.4.1 The User interested in subscribing to a PREMIUM PLAN must select the plan and subscription modality that interests him and click on "I want it". The User will be directed to the payment platform, where they must enter their credit card information.

3.4.2 Once the payment is made, you will have access to your Premium account immediately, as long as your profile has been validated, otherwise it will come into force after the Validation. The User may download the invoice in the Settings section of his account.

3.4.3 The payment made will be renewed automatically at the end of the subscription period (monthly or annual), unless the User requests the cancellation of the payment, through the "Cancel Subscription" button, before the end of the subscription period. current subscription period. The subscription cancellation will take effect on the day following the last day of the current subscription period and the User will have access to the account in the free mode.

3.4.4 The cancellation of the subscription will not entitle the return of the amounts paid except in the cases provided in Clause 3.5 of these Particular Conditions of Use.

3.4.5 VISUALBOOK reserves the right to suspend or cancel the User account in case of non-payment, fraud or suspected fraud in the payment of the subscription.

3.5 Right of Withdrawal

3.5.1 The User has the right to withdraw from the Service within a period of 14 calendar days from the day on which the payment of the subscription was made, without needing to justify his decision and without penalty, provided he has not done so. use of the service.

3.5.2 The User may exercise this right by sending a written notification to VISUALBOOK to: The Visualbook Archive S.L., Calle Viriato, 22, CP. 28010 or email address support@vibook.es, communicating your decision to cancel the Service through an unambiguous statement.

If you wish, the User can use the withdrawal form available here .

3.5.3 VISUALBOOK will proceed to the full refund of the amounts paid within 14 calendar days from the date of receipt of the notification of withdrawal from the User, through the credit card used for payment.

4. DELEGATION OF FACULTIES IN FAVOR OF VISUALBOOK

4.1 The User accepts that VISUALBOOK gives visibility in the digital environment to all those Users that have opened a PUBLIC PROFILE.

4.2 At no time will any employment relationship be established between VISUALBOOK and the User.

4.3 In case of having an exclusive contract with a representative, it is recommended that the contact data be the same as this one.

4.4 The User who has activated his PUBLIC PROFILE expressly authorizes the use that VISUALBOOK can make in the digital environment of his image, name, surnames, voice, textual citations and any information sent on the occasion of the registration in the Service for the creation of promotional announcements of the VISUALBOOK platform, and of TALENT itself, in photographic and / or audio-visual format for its dissemination, through any form of communication, in any medium or technical or technological system or support, including merely for illustrative purposes and not limitative, the exploitation on the Internet of the projection or cinematographic public exhibition, not cinematographic, the television exploitation; exploitation through the use of any support and / or printed or engraved material including outdoor advertising, in magazines and newspapers or other publications. The above-referenced data may also be used in VISUALBOOKs commercial and promotional events, in fairs, congresses, and in any other VISUALBOOK platform marketing actions that VISUALBOOK deems appropriate.

The expressly granted consent may be revoked at any time and the damages and losses caused to VISUALBOOK must be compensated accordingly. Notwithstanding the foregoing, in the event that the user requires VISUALBOOK to remove any published content, VISUALBOOK will make its best efforts to proceed with the withdrawal within 48 hours of receiving the request in that regard.

5. USER OBLIGATIONS

The User will be solely responsible for the use of the Service in accordance with the current legislation and with these Particular Conditions of Use, having to control the use made of it by the persons in his charge, as well as any person to whom authorized to use the Service.

From the date of activation of the Service, the User will be obliged to:

& nbsp; & nbsp; & nbsp; & nbsp; a) Guarantee to be legally qualified to contract the Service and comply with the provisions of these Particular Terms of Use.

& nbsp; & nbsp; & nbsp; & nbsp; b) Accept that the data that is transmitted over the Internet network does not benefit from any protection, and the use of the Service may present risks (unlikely, but existing) of interception by third parties.

& nbsp; & nbsp; & nbsp; & nbsp; c) Accept that VISUALBOOK will not be responsible for any loss or damage, including lost profits, that the User has to bear due to failures or falls in the telecommunications structures that are the responsibility of VISUALBOOK.

& nbsp; & nbsp; & nbsp; & nbsp; d) Authorize VISUALBOOK to make, at its own discretion and in the intervals of time it deems appropriate, backup copies (backups) of the data stored by the User, for its restitution in case of loss or corruption.

& nbsp; & nbsp; & nbsp; & nbsp; e) The User will be responsible when the files that are loaded or stored in Website and App contain any type of virus or infringe any intellectual or industrial property rights of third parties, or any other type of right, be defamatory or violate any law of any country in the world.

& nbsp; & nbsp; & nbsp; & nbsp; f) Authorize VISUALBOOK to collect and process your personal data in accordance with the provisions of the Privacy Policy.

& nbsp; & nbsp; & nbsp; & nbsp; g) To use the contents in a diligent, correct and lawful manner and, in particular, agree to comply with the provisions of the Legal Notice and to refrain from: (i) Using the contents for purposes or effects contrary to law, morality and generally accepted good practices or public order (ii) Upload, publish or, in any other way, transmit illegal, harmful, threatening, abusive, defamatory, vulgar, obscene, pornographic, libellous, invasive of privacy, or that may be rejected on racial or ethnic grounds; (iii) Damaging minors; Stalk or harass other Users; extract, collect, process or store personal data of other Users; (iv) Impersonate another person or entity, or falsely declare or misrepresent your relationship with a person or entity; (v) Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted; (vi) Use the contents and, in particular, the information of any kind obtained through the page or services to send advertising, communications for the purpose of direct sales or with any other kind of commercial purpose, unsolicited messages addressed to a plurality of people regardless of their purpose, as well as to refrain from marketing or disclosing in any way said information.

& nbsp; & nbsp; & nbsp; & nbsp; h) Do not use the trade names and logos of VISUALBOOK or the Website and App without their prior written consent.

& nbsp; & nbsp; & nbsp; & nbsp; i) The User declares that he / she is free of contractual obligations to third parties that may prevent or limit the provision of the Service and be up to date in the payment and declaration of their taxes.

6. CONTENTS GENERATED AND SENT BY THE USER

6.1 The User guarantees that he is the sole owner or is fully authorized and authorized to exploit all the rights to the information, files, photographs, images, videos or any other content provided during the registration process (hereinafter , "The Contents") as well as to grant the rights and licenses herein and those related to any material and / or third-party content that appears or is incorporated in the contents.

6.2 The User assumes the sole responsibility vis-à-vis VISUALBOOK for the Contents that he creates, transmits or displays while using the Services, as well as the consequences derived from the violation of the industrial and intellectual property rights over said contents. It will be the responsibility of the User to obtain all authorizations, public or private, and to make all payments for the use of the intellectual and industrial property rights of the Contents sent.

6.3 The User will keep all the copyright and other rights that he already possesses in relation to the Contents that he sends, publishes or facilitates during the registration process. By submitting, publishing or displaying said Contents, the User shall grant VISUALBOOK an unlimited, worldwide, royalty-free, non-exclusive, transferable and sub-licensable license (through any third party) to: (i) use, reproduce, transmit , print, publish, display, display, distribute, copy, host, store, archive, index, categorize, issue, edit, transform, modify, adapt in any format and through any means of communication (ii) transmit or distribute your Content through different public networks and various supports; (iii) make the changes in its Contents that are necessary to adapt them and adapt them to the technical requirements of networks, devices, services or connection supports. This license has the sole purpose of allowing VISUALBOOK to provide the Service. The assignment of the exploitation rights of the Contents includes all of the elements that comprise it. For the sole purpose of realizing the transferred exploitation rights, the User expressly consents to the assignment and licensing of the authorization and assignments carried out in these Particular Conditions of Use by VISUALBOOK to third parties with whom he has commercial relations for the provision of the Service.

6.4 The User who sends the Content under these Particular Conditions of Use declares and guarantees that: (i) he / she is legally authorized and qualified to subscribe to this license; (ii) is the sole owner or is fully authorized and authorized to exploit all of the rights over the Contents subject to these conditions, as well as to grant the rights and licenses set forth herein and those related to any possible material and / or third party content that appears or is incorporated in the Content; (iii) that you have obtained the express and written authorizations of all the owners and rightful holders of said materials and / or contents of third parties, necessary to grant the rights and licenses set forth herein; (iv) has obtained the written consent, authorization and / or permission of any identifiable person appearing in the Content to use the name and image of said person, with a view to the use, or exploitation of such Content in the form contemplated by this license. In case any of said identifiable persons is less than eighteen (18) years old, the User guarantees that they have obtained the consent, authorization and / or written permission from the parents, guardians or representative of said person and agrees to provide VISUALBOOK with a copy of said consent, authorization and / or permission in case it is requested; (v) the Content that is the object of this license does not imply the infringement of any patent, intellectual property right, registered trademark, commercial secret or any other right of third parties; (vi) the Content that is the subject of this license is not confidential or contains any confidential information; (vii) at the time of creating the Content: (a) the User has complied in all respects with any legislation, regulation (including, without limitation, our Legal Notice) and applicable regulations and (a), has not violated or violate any agreement under which the User is linked explicitly or implicitly. (viii) the Content does not constitute a defamation or libel for any person, company and / or association.

6.5 VISUALBOOK reserves the right to withdraw all those Content and contributions that contravene the current legislation and / or violate the respect for the dignity of the person, the order or public safety or that, in his / her opinion, would not be adequate for its insertion in the Website and App.

6.6 VISUALBOOK informs that any User that inserts a Content that contravenes the current legislation and these Conditions must assume the responsibility of the damages and consequences derived from it.

6.7 VISUALBOOK excludes any responsibility of any kind in accessing the Content provided to its users through its services that are contrary to law, morality and public order, that infringe intellectual, industrial property rights or contain any vice, defect, computer virus or routine of similar software.

7. PROTECTION OF PERSONAL DATA

7.1 The collection and processing of personal data provided in the registration process and the creation of the PUBLIC PROFILE will be carried out subject to the provisions of the Privacy Policy . LINK A PRIVACY POLICY DOCUMENT

7.2 In the registration process, only the necessary data regarding the purpose of the Service will be required, with the required data being marked with an asterisk.

7.3 The User is aware of the fact that he / she enters his / her personal data in order for third parties to include him / her in their selection processes and expressly accepts that their data is transferred to the Users who search for talent and are treated by them.

7.4 Additionally, the data of the Users who subscribe to the PREMIUM PLANS may be communicated to the means and payment gateways, in order that the payment can be concluded.

8. LIMITATION OF LIABILITY

8.1 The provisions of this clause are completed with the provisions of the Legal Notice.

8.2 VISUALBOOK only provides USERS access to the information provided by the "TALENTS" during the registration process and in no way is responsible for the offers of the Users or their Content or guarantees that the TALENTS receive offers of employment. Specifically, VISUALBOOK does not guarantee that the offers are of interest to TALENT, that they adjust to their professional profile or to a specific activity sector.

8.3 The User acknowledges and accepts that any contractual or extra-contractual relationship that, as the case may be, formalizes with other USERS is understood to be carried out solely and exclusively between the User and the TALENT User. Consequently, the User accepts that VISUALBOOK does not have any type of responsibility, direct, indirect or subsidiary, for damages or losses of any kind caused to the User and / or to third parties due to negotiations, conversations and / or contractual or extra contractual relationships that the User formalizes with another user or with any third party.

8.4 The User will be the only responsible, in front of other Users of the Website and App and third parties of the text and information sent during the registration process or through the VISUALBOOK platform. Thus, by way of example and in no case limiting, VISUALBOOK will not be responsible, directly or indirectly or subsidiary, for damages of any nature that may arise for Users of the Website and App and / or third parties of the lack of truthfulness, accuracy and / or authenticity, legality of the data or information contained by the user during the registration process.

8.5 If VISUALBOOK does not register the Users PUBLIC PROFILE on the scheduled dates, or if the contents and / or information of its profile are not correctly inserted, either for technical reasons or any other reason, or for any another cause, the maximum liability is limited to the reinsertion of the information and / or contents of the User. Under no circumstances will VISUALBOOK respond for any other type of damage, whether effective, indirect, or of any other type, nor for the loss of profit that the User may have suffered due to the lack of timely and / or correct publication of any Content.

8.6 VISUALBOOK will not respond for delays, erroneous publication or for the lack of publication of the information and / or contents that are a consequence of events or circumstances beyond its control, including, but not limited to, governmental action, technical failure, interruption of transportation of any kind, or any other circumstance beyond the control of VISUALBOOK.

8.7 The User shall be liable for damages of any nature that VISUALBOOK may suffer directly or indirectly, as a consequence of the breach of any of the obligations arising from the general or particular conditions in relation to the use of the Website and App or of any of the Services linked to it. Likewise, the User shall keep VISUALBOOK harmless against any sanction, claim or demand that may be filed by a third party, including any public bodies, against VISUALBOOK, its employees or agents as a consequence of the Users violation of any third party rights. by using the Website and App or the services linked to it in a way contrary to the provisions of the general or specific conditions that were applicable.

8.8 VISUALBOOK will not be liable for any damages or losses caused by decisions taken based on the information disseminated or provided by the Users or by any third party or for possible inaccuracies, omissions or errors contained in it. Nor does it guarantee or accept responsibility for the fact that any information available on this website reproduces exactly the documents published on paper, nor will it be liable for the information disseminated by third parties in which it appears cited as a source. Also, VISUALBOOK is not responsible for damages of any nature that may arise from the knowledge that may have unauthorized third parties of the data of the Users and the use made in the Website and App.

8.9 Vibuk only provides the connection channel between registered profiles. We remind you that Vibuk is not responsible for open communications between Vibuk users, whether via chat, email or by calls to castings. If you have any suspicion about the sender or the content of the communication, you can block the user, report it or contact us to try to validate its accuracy.

9. SERVICE OF ATTENTION TO THE USER

VISUALBOOK offers a telephone service of Attention to the User through the telephone 915 771 953 for the resolution of any incidences and/or of doubts and questions on the Service. The opening hours are from 10 am to 2 pm and from 4 pm to 7 pm from Monday to Thursday, and from 10 am to 3 pm on Fridays. An email address support@vibuk.com is also available for inquiries and incidents, available 24 hours a day.

10. DISABLED

10.1 The breach by the User of the current regulations as well as the Legal Notice of the Website and App and of these Particular Conditions of Use will entitle VISUALBOOK to restrict access to the Website and App and/or to disable the User Account without prejudice to legal actions deemed appropriate.

10.2 The User recognizes and accepts that if VISUALBOOK disables access to his account, he may stop having access to the Services, his account information or any files or other content stored in his account.

THE VISUALBOOK ARCHIVE S.L. All rights reserved