Article 1 - General
1. In these terms and conditions, the following terms are used in the following meaning, unless explicitly stated otherwise.
2. Advertisement: the offer of one User to another User.
3. Company: the natural or legal person who acts in the course of a profession or business.
4. Consumer: the natural person who does not act in the course of a profession or business.
5. Services: bringing together supply and demand of Tenant and Landlord as well as providing a platform on which the Landlord's Advertisements are displayed.
6. User: the natural person in the exercise of a profession or business who uses the Website.
7. Tenant: the Consumer or Company looking for a Location.
8. Location: The Location for film recordings, photoshoots, and other commercial purposes that is placed on the Website by a User.
9. Client: the natural or legal person (not) in the exercise of a profession or company that enters into an Agreement with World Media Crew.
10. Agreement: any Agreement and other obligations between the Client and World Media Crew, as well as proposals from World Media Crew for Services provided by the World Media Crew to the Client and which are accepted by the Client and are accepted and performed by WMC Locations.
11. Landlord: the Consumer or the Company that offers a Location to other Users.
13. Website: https://www.wmclocations.com
14. World Media Crew: the service provider that makes the use of the Website available to a User.
Article 2 - Applicability
2. It is not possible to deviate from these general terms and conditions.
3. The general terms and conditions of the Client in the exercise of a profession or business are excluded.
4. WMC Locations is careful with the (personal) data of Users. Processing of personal data will only take place in the context of the performance of the services of WMC Locations. WMC Locations will not process the personal data for any other purpose and will never store it longer than necessary. More information can be found in the Privacy statement of WMC Locations.
5. The WMC Locations Website is in principle not accessible to minors unless the minor (aged 16 years or older) can demonstrate that she has written permission from a parent and/or legal guardian showing that the minor independently takes the relevant action. may perform, unless the relevant act is customary to perform in society without written permission.
6. As a provider of the Website, WMC Locations is not a contracting party to the agreement that may be concluded between Users.
7. WMC Locations has no control over, and never guarantees the quality, suitability, completeness, correctness, (il) legality, ratings and/or reviews of the Ads, or the User who placed the ad in question. WMC Locations points out that each User has an independent obligation to investigate whether the displayed Advertisement (s) complies with the above. Any images accompanying the Advertisement are for display purposes only. A User cannot derive any rights from this image (s), and can never be regarded as an approved image by WMC Locations.
8. The content of placed advertisements or parts thereof can be displayed on other websites, applications, e-mails, social media, and in other online and offline advertisements.
9. The Website may contain links to third party websites. Other cookies and / or privacy statements may apply to third party websites. WMC Locations is not responsible or liable for the availability or correctness of the (content of the) websites or third parties. A link on the Website to a third party can never be considered as an approval by World Media Crew of the (services of) the third party.
10. The User is prohibited from transferring the Agreement to a third party unless expressly agreed otherwise in writing.
Article 3 - Use of the Website
1. WMC Locations may impose further restrictions or conditions on the access to and use of certain parts or functions of the Website, including but not limited to creating an account, completing a verification process, and meeting specific quality standards. or eligibility criteria.
2. Verifying Users is not foolproof. Nevertheless, WMC Locations takes all reasonable measures that can be expected of it concerning the verification process. In this respect, a User may be obliged to provide some form of (government) identification or other information. WMC Locations also has the right to screen Users based on public records of criminal convictions (if available).
3. Every User is prohibited from copying (the content) of the Website and/or reproducing, disclosing, or modifying it without the prior written permission of WMC Locations. This also includes the content of the Advertisements.
4. The (content of) the Website and Advertisements can be protected by intellectual property rights and/or trademarks. By using the Website, each User agrees that the intellectual property rights rest with WMC Locations and/or the User who placed the Advertisement. The User is expressly prohibited from infringing the intellectual property rights of WMC Locations and third parties, as well as the good name of WMC Locations. All intellectual property rights and copyrights of the Website, including the graphic designs, ideas and the like, rest exclusively with WMC Locations and are expressly not transferred to the User. A User is prohibited from using, modifying, copying, licensing, selling, or otherwise exploiting the content. A User has only a limited user right to use the Website.
5. The User is furthermore not permitted to process, collect, or otherwise use the (personal) data of Users who have placed an advertisement on the Website for the purpose of acquisition or offering their own Locations.
6. The User shall ensure that all information, which WMC Locations indicates is necessary or which the User should reasonably understand is necessary for the access and/or use of the Website.
7. WMC Locations is not liable for damage, of whatever nature, caused by WMC Locations assuming incorrect and/or incomplete information provided by the User unless this incorrectness or incompleteness was known to WMC Locations.
8. A User has access to the information as published and displayed on the Website. The User is at all times responsible for all data and information that he places on the Website or in his account. If the User suspects that the information provided by him is incorrect or incomplete, the User will immediately inform WMC Locations and provide the correct information. The user must keep his data up-to-date and can adjust his data in his own account.
9. WMC Locations is entitled to change (parts of the) Website, as well as its Services. User will be notified of any changes in time.
Article 4 - The account
1. Each User must create an account for the purpose of accessing and using certain features of the Website, such as publishing or viewing an Advertisement. For the business user, the person making the registration declares and warrants that he/she has the authority to legally bind the company and provides all necessary permissions and licenses to WMC Locations that are necessary for the proper performance of the agreement.
2. The account can be registered with an email address and a password, or via a (social media) account such as Facebook.
3. The User is obliged to provide correct and complete information during the registration of the account and to keep the account up to date at all times.
4. Each User may only register one account unless expressly agreed otherwise in writing. The account is personal and may not be transferred.
5. The User is responsible for his or her login details and should not provide these login details to third parties. If a User suspects that the login details have been lost, stolen or that the account may have been unauthorized, the User must immediately contact WMC Locations. The User is personally responsible for all activities that are carried out via his own account unless the User can demonstrate that he/she has not been negligent (not reporting the unauthorized use or loss of login details).
6. Only after the account has been created can a User perform actions on the Website.
Article 5 - Placing an advertisement
1. Each User has an independent responsibility for all content that the User makes available on or via the Website. By posting information on the Website, the User guarantees that it owns all data it publishes or is authorized/authorized to publish such information / publicly on the Website. The User guarantees that all information and / or data that it publishes via the Website does not infringe the intellectual property rights of a third party, nor a violation of the applicable laws and regulations.
2. Each User is furthermore prohibited from uploading an Advertisement, posting comments or otherwise publishing and/or distributing content on the Website via the Website in violation of Dutch laws and regulations, which in any case include: Data without the permission of the copyright holder, defamatory information, or information that offends, intimidates, is defamatory, discriminates, threatens, is racist, violent, is hateful, offensive, obscene, and that contains child or otherwise criminal pornography. Also information that violates the privacy of third parties (including stalking), as well as torrents, viruses, spam, backlinks and hyperlinks (which refer to such information on third party websites), loans, lotteries and/or gambling (gambling), drugs and all other types harmful and/or illegal content that can damage the internet or e-mail traffic of third parties or the Website. WMC Locations can remove the posted content, which contains one or more of the aforementioned content. WMC Locations will notify the relevant User who has posted the content. WMC Locations respects the copyrights of third parties and expects the Users of the Website to do the same.
3. Each User agrees by uploading, publishing or otherwise making available to third parties information and/or data via the Website that the User has a free, non-exclusive, worldwide, sublicensable, and transferable (use) license for provides the relevant content for the benefit of exploitation and commercialization rights. This includes, but is not limited to, the right of WMC Locations to use, copy, publish, change and (parts thereof) to share and/or promote the content for the benefit of the Website on the internet and/or (social media channels.
4. If a User offers a service or product through an Advertisement in the course of a profession or business, the User is obliged to (i) name the full price, including all unavoidable costs and (ii) show the price including VAT (if and insofar as the other party is a Consumer).
5. If the User suspects that the information provided by him is incorrect or incomplete, User will immediately inform WMC Locations and provide correct information and/or repair any defects themselves.
6. WMC Locations is not liable for damage caused by complications related to the availability or operation of information from third parties, as well as damage resulting from the use of the Website in violation of conditions or other purposes than for which the Website is intended.
Article 6 - Suspension and dissolution Advertisement
1. WMC Locations has the right to suspend the Advertisement of the User (and/or its other Services) if the User has not, not timely or not fully fulfilled his payment obligation, the content of the Advertisement is in violation of these conditions, whether the Advertisement is misleading or otherwise causes damage to other Users or third parties.
2. The right of withdrawal of the Client being a Company is excluded unless agreed otherwise. The Client, being a Consumer, has the right of withdrawal during the statutory period of 14 days, unless WMC Locations has already commenced the Services with the Client's permission. Client waives its right of withdrawal by means of this permission.
Article 7 - Notice and Takedown
1. In the event of (possible) criminal acts, WMC Locations is obliged to report this and to hand over the information provided by the User to the competent authorities, as well as to perform all acts that are required of it in the context of the investigation. WMC Locations reserves the right to deny the User access to the Website and/or to terminate the use of the Website.
2. In addition to the obligations under the law, damage caused by incompetence or failure to act in accordance with the above points is at the User's expense and risk.
3. User is responsible for the proper security of the (mobile) device on which he uses the Website, as well as for securing and secrecy of his / her own login details.
4. If and insofar as there is a violation of the rights of WMC Locations or third parties and/or unlawful acts by the User, WMC Locations is also entitled to delete the User's account or to impose restrictions on it in any other way. use of User's account such as restricting or disabling the posting of Ads, comments, and more. World Media Crew will immediately remove any infringing/harmful information. Under no circumstances will WMC Locations be liable for the damage suffered by the User, of whatever nature as a result of the actions of the User.
5. Each User can report directions and / or complaints to WMC Locations about infringing or illegal Advertisements, or complaints about other Users. A report can be made via the contact form on the Website.
6. WMC Locations is not responsible if a User transfers money to another User for a Location offered by the User, and the service or product and / or User appears not to be genuine. WMC Locations points out to each User that each User must check whether the Advertisement is correct, whether it may be a misleading Advertisement or whether there is any other fraud.
7. Users being a Landlord are not allowed to withdraw the permission for the use of the Location. The User being a Tenant is at all times entitled to use the imagery, photo, and video footage taken on the Used location of User being a Landlord for commercial use.
Article 8 - Website availability
1. WMC Locations does not guarantee that the Services will always meet the expectations set in advance. WMC Locations makes every effort to offer (the access to) the Website without interruption to the User, but does not guarantee the full availability of the Website at all times. WMC Locations is entitled to suspend the use of the Website if and insofar as it believes there is a danger of the Website functioning without errors. WMC Locations is furthermore entitled to take all measures it deems reasonably necessary to ensure the effective functioning of the Website.
2. WMC Locations is not responsible for (dis) malfunctions of the internet, telecommunication infrastructure that is beyond the control of WMC Locations and that can lead to interruptions in the availability of the Website. WMC Locations may, temporarily and in accordance with the legitimate interests of the Users, limit the availability of the Website if WMC Locations deems this necessary in view of any capacity limits, the security/integrity of WMC Locations servers, or maintenance to perform on the Website. WMC Locations is entitled to carry out maintenance on the Website and can introduce new functionalities and. World Media Crew will inform the Users as much as possible of any changes to the Website unless such changes are of a minimal nature without this having a substantial effect on any contractual obligations.
3. WMC Locations is never responsible for and / or influence on the rental of the offered Locations by Users, and does not guarantee the quality of the offered, the authority of a User to rent or lease the Location, nor the correctness and completeness of the information provided. Each User has an independent obligation to investigate the relevant Location offered by another User via the Advertisement. All information and numbers displayed on the Website are subject to spelling or typing errors. WMC Locations are never liable if the service or product does not meet the expectations of a User.
Article 9 - Payment and collection policy
1. The Lessee is obliged to make the payments to the Lessor via the online payment system of WMC Locations. WMC Locations is authorized by the Lessor to receive the (online) payment from the Lessee. If payment has been made via the Website or via the online payment system of WMC Locations, WMC Locations will confirm the agreement in writing, at least by e-mail, to the Hirer. WMC Locations will transfer this payment, possibly after deduction of its own fee/commission, to the Lessor.
2. The user must pay these costs at once, without settlement or suspension, within the specified payment term as stated on the invoice, to the WMC Locations account number and details made known to him.
3. If the User does not meet its payment obligation and has not fulfilled its obligation within the payment term set for that purpose, the User being a Company will be in default by operation of law. The User being a Consumer will first receive a written reminder with a period of 14 days after the date of the reminder to still fulfill the payment obligation, including a statement of the extrajudicial costs if the Consumer does not meet its obligations within that period before they are in default. From the date that the User is in default, WMC Locations will, without further notice of default, be entitled to the statutory commercial interest from the first day of default until full payment, and compensation of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the graduated scale from the decision. compensation for extrajudicial collection costs of 1 July 2012.
4. If WMC Locations has incurred more or higher costs that are reasonably necessary, these costs will be eligible for compensation. The entire judicial and execution costs incurred are also for the account of the Client.
Article 10 - Limitation of Liability
1. WMC Locations is not liable if it is unable to fulfill its obligations as a result of a force majeure situation, nor can it be held to fulfill any obligation if it is hindered to do so as a result of a circumstance that is not due to its cannot be blamed for fault, nor is it for the account of a law, legal act or prevailing opinion. Force majeure is understood to mean in any case, but is not limited to what is understood in this respect by law and jurisprudence, (i) force majeure of suppliers of WMC Locations, (ii) failure to properly fulfill obligations of suppliers, (iii) inadequacy of third-party items, equipment, software or materials, (iv) government measures, (v) power outages, (vi) internet outages, data network, and telecommunication facilities (for example, through cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in the WMC Locations company and (xi) other situations that, in the opinion of WMC Locations, fall outside its sphere of influence that temporarily or permanently prevent the fulfillment of its obligations.
2. If and insofar as any statutory provision does not preclude this, WMC Locations excludes all liability for damage suffered by User on the basis of (i) the use of the Services of WMC Locations, (ii) the rental of Locations of (other) Users via the Website, (iii) the incomplete or safe availability of the Website, (iv) changes in, to or on the Website or Services of WMC Locations and (v) any incorrect and / or incomplete information on the Website.
3. WMC Locations exclude all consequential damages.
4. If and insofar as WMC Locations appears to be liable, its liability is limited to the maximum amount that User has paid to WMC Locations under the Agreement, but no more than one year (12 months) prior to the damage-causing event, at least up to a maximum amount of 250 euros.
5. All claims of User due to shortcomings on the part of WMC Locations lapse if they have not been reported in writing and motivated to World Media Crew within one year after User was known or could reasonably be aware of the facts on which she bases her claims. WMC Locations liability lapses one year after termination of the Agreement between the parties.
Article 11 - Indemnification
User indemnifies WMC Locations against claims from third parties with regard to the damage suffered by them on the basis of (i) the use of the Location, (ii) the use of WMC Locations Services, (iii) the unlawful content of the Advertisement and / or the offered (iv) the conclusion of an agreement on the basis of an Advertisement.
Article 12 - Complaints
1. If a User is not satisfied with the Services of WMC Locations, the Client is obliged to report these complaints as soon as possible, but no later than 7 calendar days after the relevant reason that led to the complaint. Complaints can be reported orally or in writing via email@example.com to firstname.lastname@example.org with the subject “Complaint”.
2. The complaint must be sufficiently substantiated and / or explained by the User in order for WMC Locations to be able to process the complaint.
3. WMC Locations will respond to the complaint as soon as possible, but no later than 7 calendar days after receipt of the complaint.
4. Parties will try to find a solution together.
WMC Locations is free to adjust (parts of the) Website, the content of its Services and these general terms and conditions. The amended terms will be published on the Website with the last updated date. The User will also receive an email with the relevant changes 30 days prior to the entry into force of the amended conditions. If the User does not agree with the content of the changes, the User can immediately terminate the Agreement. Users will receive a further email about how the Agreement can be terminated. If the User does not reject on time, at least before the date on which the changes take effect, or object in any other way, or terminate the agreement, the User agrees to the changed conditions. Even if the User uses the Website from the date the changes take effect, the User is deemed to have accepted the changed conditions.
Article 14 - Applicable law
1. The legal relationship between WMC Locations and Client and WMC Locations and User is governed by Dutch law.
2. All disputes, arising from or as a result of the agreement between WMC Locations and the Client, or through the use of the Website by the User, will be settled by the competent court of Amsterdam unless provisions of mandatory law designate another competent court.
Amsterdam, July 01, 2021