Terms of Use for ACTORSMAP

1. Introductory Provisions
   • These General Terms and Conditions (hereinafter referred to asthe “Terms”) are issued by ACTORSMAP s.r.o., Company ID No.: 08971901, with its registered office at Bělocká 22, 161 00 Prague 6, registered in the Commercial Register maintained by the Municipal Court in Prague under file no. C 328415 (hereinafter referred to asthe “Operator”or“we”). The Operator’s contact information is as follows: address Bělocká 22, 161 00 Prague 6, email:info@actorsmap.cz.
   • The Operator is a company that creates and manages a database of individuals and issues these Terms and Conditions to govern the contractual relationship between us and you (hereinafter referred to asthe“User”or“You”), i.e., users of the website www.talentmap.cz (hereinafter referred to asthe “Website”) and/or our services (hereinafter referred to asthe “Services”), including the use of a profile and a User Account (as defined below).
   • The Website serves as a public database of individuals who have registered either in person or through their authorized representatives based on a contract entered into with the Operator. We provide a service that allows registered Users to create a publicly accessible profile or to publish predefined content on the Website containing the information listed below (hereinafter referred to asthe “profile”).
   • Each profile is intended for a single person. The profile content consists of the person’s first name(s) and last name, or a pseudonym; date of birth; photographs; a showreel; information about the person’s abilities and skills; references; certificates; licenses; and, with the User’s consent, a link to the User’s website, etc. (collectively referred to hereinafter as“content”). Each profile, and thus its content, is accessible to the general public.
   • The Website, or parts thereof, is or may be, within the meaning of Act No. 121/2000 Coll., on Copyright, Rights Related to Copyright, and Amendments to Certain Acts (the Copyright Act), as amended (hereinafter referred to asthe “Copyright Act”), and the exercise of all property rights thereto belongs to the Operator.
   • A User is any legal entity or natural person who expresses a desire to use the Website, who is a professional in a field related to the film and/or television industry and/or a person who has something to offer the film and/or television industry (hereinafter referred to asthe “Professional”) or a person authorized to represent a specific Professional and who is registered by the Operator as a User on the basis of a contract concluded in accordance with Article 2 of these Terms and Conditions (hereinafter referred to asthe “User”). In the case of persons under the age of eighteen, the consent of legal guardians is always required for the registration of such a person as a User or for the registration of a person authorized to represent a person under the age of eighteen as a User. A person under the age of fifteen may only be registered on behalf of a User who is also a legal guardian, or by another person with the consent of the legal guardians.
   • Use of our Website and Services is subject to these Terms. You agree to these Terms and undertake to comply with them upon proper completion of the form (as defined below). These Terms apply to all services we provide and govern all contractual relationships between us and you.
   • The Operator is entitled to fulfill the obligations set forth in these Terms and Conditions through third parties and to transfer to such third parties the rights and obligations arising from these obligations, even without your consent.
   • Users may not assign their rights and obligations arising from the relationship established by these Terms and Conditions without our prior written consent. For this purpose, the exchange of emails and/or other electronic messages shall not be considered written form.
   • The User is not permitted to set off any claims arising from the contractual relationship established by these Terms and Conditions.
   • If you are acting on behalf of or in the name of the Professional, you represent and warrant that you are authorized to agree to these Terms on their behalf.
   • In connection with your use of the Services, you must provide us with: (i) true, accurate, current, correct, and complete registration information about yourself or the Professional, as requested in the Services’ registration form; and (ii) maintain and promptly update such information to ensure that it remains true, accurate, current, and complete. The Operator assumes no obligation to verify this information. If you provide any information that is false, inaccurate, outdated, or incomplete, or if the Operator suspects that such information is false, inaccurate, outdated, or incomplete, the Operator has the right to suspend or terminate the provision of the Services (or any part thereof). The Operator may, at its sole discretion, refuse to offer the Services to any person.
   • The Operator will create a User Account based on the agreement concluded with the User after payment of the fee (hereinafter referred to asthe “User Account”). A User Account refers to the non-public section of the Website that is accessible after entering login credentials (username and password of the User’s choice) and which contains information about the User, or the person who expresses a desire to become a User, including personal data, contract details, and these Terms and Conditions. A Professional is not permitted to have more than one User Account.
2. Conclusion of the Contract, Acceptance of the Terms and Conditions
   • The term “Agreement” refers to the agreement entered into between the Operator and the User pursuant to Section 1746(2) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to asthe “Civil Code”), the subject matter of which is the option to create a profile for posting content for a fixed term, specifically for a period of 12 consecutive calendar months (hereinafter referred to asthe “Agreement”).
   • The Agreement is entered into with the option of automatic renewal for successive periods of 12 consecutive calendar months, provided that the User pays the fee for the next period in accordance with Section 2.4 of these Terms and Conditions in a timely and proper manner. The Service is provided by the Provider to the User at the moment any content is shared within the profile. Given that the content is provided by the User, it is deemed that the consumer has given prior express consent to performance before the expiration of the withdrawal period. In such a case, the consumer does not have the right to withdraw from the contract within 14 days of the contract’s conclusion.
   • The agreement is concluded electronically based on a duly completed registration form (hereinafter referred to asthe “form”). A prerequisite for the acceptance of the form is that all information required by the form is provided truthfully and completely. In the case of a person under the age of eighteen, the signed consent of that person’s legal guardians is also required.
   • Each form duly completed by the User constitutes an offer to enter into a contract. The Operator will grant a User Account to any person who expresses a desire to become a User of the Website and/or Services and who is deemed by the Operator to be eligible to become a User, within 3 business days of receiving the duly completed form. Through the User Account, the User has the option to upload content and thus create a Professional Profile. The Operator reserves the right to determine the form and content of the profile, particularly the number of photos and their quality (e.g., only so-called headshots may be used), and simultaneously reserves the right to verify the accuracy and completeness of the information and data uploaded as content. The Operator therefore reserves the right to approve the profile content prior to publication and, if necessary, to monitor it on an ongoing basis. The Operator will confirm the possibility of publishing the content within 3 business days of the content being uploaded via the User Account. Otherwise, the Operator will ask the User to further supplement or correct the content. Upon registration, the User is required to provide a credit card, which will be used to pay the membership fee. Membership is automatically renewed every 12 months, and the fee for the next annual period will be automatically charged to the User’s credit card at the rate specified in the current price list valid as of the renewal date.The Operator will notify the User of the upcoming automatic renewal of membership and the payment charge at least 30 days prior to the renewal date via the email address provided by the User during registration. The membership expiration date is available to the User at any time in their User Account. If the User is not interested in automatic membership renewal, they are entitled to cancel their membership through their User Account no later than 24 hours before the automatic renewal date. After cancellation, the User’s profile remains published until the end of the already paid period.
   • By entering into this Agreement, the User confirms that they have read these Terms and Conditions, agree to them, and are bound by them. These Terms and Conditions are an integral part of the Agreement. The Terms and Conditions are always made available to the User in advance and can be accessed in the User Account.
   • The price (including the license fee below) for making one profile available and publishing it for a period of 12 calendar months is the amount specified in the current price list available atactorsmap.cz. The price does not include VAT or other fees. If the Operator is a VAT payer, VAT at the statutory rate will be added to the price. For the purpose of payment, an invoice—a tax document with a 14-day payment term—will be issued without undue delay after the conclusion of the contract. If the User fails to pay the invoice properly and on time, the contract is terminated from the outset. At least 30 days before the expiration of the contract term, the Operator will send the User an invoice for the next 12 consecutive calendar months. If this invoice for the subsequent period is not paid by the due date, no later than the end of the contract term, the contract will not be extended and shall thereby terminate; specifically, the publication of the profile(s) shall end on the date of expiration of the original contract term.
   • The fee paid for the renewed annual membership is non-refundable, unless otherwise provided by law. If the User does not cancel the membership before the automatic renewal date as specified in the preceding paragraph and the fee is automatically charged to the User’s credit card, the User is not entitled to a refund of the paid amount or any part thereof based on a subsequently submitted request, except in cases provided for by applicable laws, particularly in the event of defective performance on the part of the Operator. 
3. User Rights and Obligations
   • The user acknowledges that he or she is responsible for keeping his or her username and password for the User Account confidential. 
   • The User agrees that all information and data provided to the Operator or shared via their profile (User Account) will be true, accurate, and complete. The User acknowledges that, in accordance with these Terms, any content is considered published at the moment it is sent to the Operator, uploaded, or otherwise shared on the Website, and the User grants the Operator consent to its further distribution.
   • The User agrees to act in such a way when using the Website that no harm is caused to the User, the person represented by the User, the Operator, or other Users; at the same time, the User agrees not to use the Website in any other manner that could infringe upon the Operator’s rights, in particular by altering or damaging the Website, the Operator, or other Users, and/or to use it in a manner that could be classified as a criminal offense or other violation of the law (or use involving unlawful conduct) or a violation of the rights and freedoms of any third party.
   • The User expressly acknowledges that the Operator has the right to suspend, modify, and/or make the Website, its content, or any part thereof inaccessible (at the relevant web address) at any time, particularly to protect its own rights and legitimate interests, to comply with legal regulations, or to protect the rights of users.
   • The User further acknowledges that the Operator is not liable for any defects in the Website, nor for any loss of the User’s data or other damages caused directly or indirectly to the User, unless otherwise provided by law. The User hereby waives any right to claim damages from the Operator for any future losses that may arise as a result of a breach of the Operator’s obligations, with the exception of claims for damages that cannot be validly waived under applicable law.
   • The User also acknowledges that the Operator is not liable for content posted by any User. Any User or visitor to the Website is entitled to report to the Operator any inappropriate, illegal, or otherwise disruptive content, or any other error or defect on the Website.
   • The User further declares and warrants to the Operator upon entering into the Agreement that the provision of consents, permissions, authorizations, and licenses under the Agreement and the fulfillment of the Agreement’s purpose will not infringe upon the rights of any person, in particular those of the represented Professionals or other persons, including the copyrights of third parties. The User declares and warrants to the Operator that any content is free of legal defects and that the User is the holder of all rights relating to the content, including copyrights. In the event that any third party asserts any rights against the Operator, the User is obligated to immediately use all reasonable efforts to protect the Operator’s rights and to compensate the Operator for any damages incurred.
   • The user is not permitted to extract data from the Website, either automatically (particularly using so-called software robots) or manually, nor any data contained therein.
   • The User is responsible for the accuracy and truthfulness of the representations and warranties set forth in these Terms and Conditions. In the event that any representation is inaccurate or untrue, and/or in the event of a breach of the User’s warranties, the User shall be liable to the Operator for any resulting damages, including non-pecuniary damages, in full.
   • If the User breaches any of its obligations under the Agreement, the Terms and Conditions, or the laws governing the protection of personal data or privacy, the User undertakes to compensate the Operator for all pecuniary and non-pecuniary damage incurred by the Operator as a result of such breach, particularly if the Operator is required to pay a fine, compensate for damages, or provide monetary satisfaction in connection with the User’s actions related to the handling of personal data or expressions of a personal nature, The User is obligated and undertakes to provide compensation in the full amount of the imposed fine or the imposed damages or monetary satisfaction.
   • The user is responsible for their activities related to the use of the Website and the outputs of the Services, and agrees not to use any part thereof for activities that are or could be in violation of the laws of the Czech Republic.
   • In the event that the User fails to comply with the provisions of this Article 3, the Operator reserves the right to seek compensation from the User for any damages incurred by the Operator in this regard.
4. Rights and Obligations of the Operator
   • In accordance with Act No. 480/2004 Coll., as amended, the Operator is liable only for its own content, i.e., content that it creates exclusively on its own, actively makes available on its own, or adopts as its own. The User is responsible for content posted to the profile, including links. A User representing a person under the age of eighteen must take special care to protect the represented person and their privacy.
   • The Operator is not liable for the content, as it merely provides Users with a space in the form of a profile for posting content; this applies even if the User or the content is approved by the Operator, unless otherwise provided by law.
   • The Operator is entitled to immediately delete or remove all or part of a User’s content, or to restrict access to such information, at its sole discretion, particularly (but not exclusively) when it becomes aware of:
     1. the unlawful nature of the stored information or the User’s unlawful conduct. The Operator may also notify the Czech Police of any suspected criminal offense;
     2. content containing passages of an offensive, sexual, racist, xenophobic, or similar nature, and/or if it conflicts with the fundamental rights and freedoms guaranteed by the Charter of Fundamental Rights and Freedoms of the Czech Republic, and/or if it otherwise conflicts with the constitutional or public order of the Czech Republic;
     3. for commercial purposes in connection with third-party content (without the Operator’s consent); and
     4. content that is inappropriate for children and adolescents, except in the designated section. The operator is authorized to move such content to the designated section if necessary.
   • The Operator reserves the right to remove false, misleading, or difficult-to-verify information and data from the profile content, as well as the right to delete the User’s profile or User Account and thereby prevent the User from using the Website if there is reasonable cause to believe that the User is knowingly violating these Terms and Conditions, or in the event of unlawful conduct by the User or unlawful content in the profile.
   • The operator does not guarantee that the Website will be available 24 hours a day.
   • The Operator does not guarantee that the Website will function without defects in conjunction with the User’s hardware or software.
   • Under no circumstances shall the Operator be liable in any way for any content (data and information) that the User has shared via their profile or stored under their User Account, or for any damage arising in connection with such content.
   • The Operator shall not be liable for any damages, harm, or losses arising from any acts or omissions of the User in connection with the maintenance of the User Account. Nor shall we be liable for any damages or losses arising from your acts or omissions that violate these Terms and Conditions.
   • The Operator shall not be liable for any damages resulting from malfunctions (particularly in data transmission), delays, errors, interruptions, software errors, or incorrect data that may occur during the operation of the Website, unless such damages resulted from the Operator’s intentional breach of contract or gross negligence.
5. License Terms
   • The Website and any part thereof are protected by Act No. 121/2000 Coll., on Copyright, Rights Related to Copyright, and Amendments to Certain Acts (hereinafter referred to asthe “Copyright Act”), as amended, and other related regulations (hereinafter referred to as“copyright law”). The user is granted only the right to use the profile on the Website.
   • You acknowledge that we are the exclusive owners of all rights relating to the Website and the Services. When using the Website or the Services, you are required to act in a manner that does not infringe upon our rights and to comply with the laws of the Czech Republic, particularly those relating to copyright.
   • By accepting these Terms, the Operator grants the User a limited, non-transferable, and non-exclusive license, without territorial restrictions, to use the User Account and profile on the Website. Under this license, you are authorized to use the Website for the purpose for which it was created and in the manner and to the extent specified in these Terms. In exchange for such use of the Website and/or the Services, the User agrees to pay the Operator a fee, which is included in the price specified in Article 2 of these Terms and Conditions. The Operator has the right to fulfill the contract only upon payment of the fee for the license; if the User fails to pay the full license fee within the deadline set by the Operator, the contract is automatically terminated from the outset.
   • Under this license, the User is authorized to use the profile for the purpose for which it was created, in the manner and to the extent specified in these Terms and Conditions.
   • The user is not authorized to grant the license as a whole, or any rights forming part of the license, in whole or in part, to any third party (to grant sublicenses), nor is the user authorized to assign any rights or obligations arising from the license, the license itself, or any part thereof.
   • Neither the license granted nor these Terms transfer any of our intellectual property rights to you. We also do not grant you any license other than that expressly specified in these Terms.
   • We reserve the right to refuse to grant you a license or to prevent you from using the Website or other Services if, among other things, you violate these Terms in any way or have done so in the past.
   • Under this license, you are not authorized to modify, alter, or combine the Website (or any part thereof) with another copyrighted work, or to incorporate it into a collective work. This does not affect your right to use the Website in accordance with these Terms and within the limits of its normal functionality. Furthermore, you are not authorized to make any copies of the Website (or any part thereof), our software, or applications, nor to distribute them.
   • A User who has uploaded or posted any visual or other copyrighted work as content on the Website (hereinafter collectively referred to asthe “Copyrighted Work”), by entering into this agreement grants the Operator an unlimited, non-exclusive license to use the Copyrighted Work (or any part thereof) in connection with the use of the Copyrighted Work, i.e., to use it in all known, even if not yet utilized, ways of use, without any territorial (worldwide), quantitative, or temporal limitations (i.e., for the entire duration of the copyright), without limitations on technology, format, or purpose of use, and without any other restrictions.
   • By entering into this Agreement, the User represents and warrants that, either by virtue of his or her own authorship or on some other legal basis (such as a license agreement with the author or another authorized holder of economic copyright), he or she holds all economic copyrights to the Copyrighted Work to the extent thator that they are the authorized holder of such a license to use the Copyrighted Work to the extent necessary, which is entirely sufficient for the use of the Copyrighted Work within the Website and for granting the relevant license to the Operator for the purposes of fulfilling the contract, which includes, in particular, the right to publish, share, distribute, and make the Copyrighted Work available through the Website.
6. Final Provisions
   • Suggestions, complaints, or claims may be sent via email to info@actorsmap.cz. The Operator will send information regarding the resolution of the matter to the User’s email address.
   • These Terms and Conditions are governed by the laws of the Czech Republic. Any legal disputes arising between the Operator and the User shall be resolved by the general courts of the Czech Republic.
   • If any provision of these Terms is found to be invalid, ineffective, or unenforceable, we will replace such provision with a provision that most closely approximates the meaning and purpose of the original provision. The invalidity or ineffectiveness of any one provision shall not affect the validity or effectiveness of the remaining provisions of these Terms.
   • Amendments and additions to these Terms and Conditions may only be made in writing, unless otherwise specified in these Terms and Conditions. If necessary, we are entitled to unilaterally amend the text of these Terms and Conditions. The Operator shall always notify the User of any amendment at least 2 months prior to its effective date by posting a notice on the Website, in the User Account, or via the email address provided by the User upon conclusion of the contract. If the User does not agree to the amendment, they have the right to withdraw from the relevant contractual relationship established by these Terms, effective as of the date the notified amendments take effect, by canceling the User Account. If the User does not cancel their User Account by the effective date of the amendment, it is deemed that they agree to the amendment.
   • Your rights and/or obligations under this agreement may be transferred (assigned) to third parties only with the Operator’s prior written consent. You hereby grant the Operator your consent to assign all rights and/or obligations arising from the agreement between you and us to third parties.

These Terms and Conditions are valid and effective as of July 1, 2025.