Terms and Conditions
Terms and Conditions
1. Scope of application
These general terms of business (Terms and Conditions) regulate the relation between all users as well as the use of the idea platform Hollyboost.com, called in the following Hollyboost, and their services at home and abroad. Divergent terms from the user (Idea giver/audience/visitor) are not accepted by Hollyboost and are also not valid even if Hollyboost does not contradict these in particular cases again expressly
2. Common provisions
Hollyboost is on-line ideas and project platform, on the idea giver
Ideas and screenplays for movies, series (also expose or treatment)
Manuscripts for books and stories
Play developments (console, board games) and play ideas
in the following as so called "projects" in text form, illustrates, outlines, or some other way can put taped as a PDF file and introduce to a wide audience and thus receive the opportunity to dispose of this in film studios, film producers, book publishers, play manufacturers, book publishers, so called in the following producers. The audience can view the contents and make proposals for the improvement or enlargement of existing projects or ideas after successful registration.
Every registered and free-switched idea giver is entitled to place ideas. The producers accept the protection of the idea for the idea giver. The producers undertake to use the opposed ideas / texts and/or projects not without approval. In case of violation of this duty, the violator has to pay a contract fee at the rate of 5,000.00 € to the idea giver for every case of the offence. The assertion of a higher damage by the idea giver remains untouched.
The idea givers explain the proposals or suggestions they are suggested by the audience themselves. The audience has no right to a co authorship (§8 UrhG) or a claim to remuneration
The use of the platform Hollyboost is free, however, Hollyboost has the right at any time to charge for his service.
The producer is allowed to make a direct deal with the idea giver in terms of having a contract or license agreement. A contract only can take place when this agreement is between Idea giver and producer , and is negotiated even by these parties. Hollyboost therefore neither acts as a mediator in disputes between the parties or by the penetration of the fulfillment of arrangements.
Hollyboost asks producer and idea giver to cooperate in case of conflicts, and to find a common solution. The idea giver will clarify disputes directly with the producer.
Hollyboost is not obliged to check whether sales tax or other taxes become due for the sales of products or services between idea giver and producer or such taxes which come into place even not for collecting, paying or specifying such taxes.
Hollyboost will transmit two invoices as well to the idea provider as to the buyer (producer) of the idea. The invoice will be sent electronically. The commission for Hollyboost in the amout of 7,14 % (including VAT) will be billed in a separate invoice. The idea provider has to consider the commission in his calculation. The purchase price will be transmitted by the buyer to the mentioned accunt after having received the invoice. A fiduciary function will not be fulfilled by Hollyboost. Hollyboost will transmit the quoted invoice amount immediately to the mentioned account of the idea provider. The idea provider is obliged to send and to assign the object of purchase (manuscripts, texts, recordings or sketches etc.) after conclusion of the sales contract. Hollyboost will transfer the object of purchase (uploaded documents) electronically to the buyer (producer) after confirmed receipt of payment of the purchase price.
4. Registration as an idea giver / account
Hollyboost is protected by the necessary registration of idea giver and audience in the following called user.
To receive an access to Hollyboost, the registration of the users as well as the audience is necessary by filling the necessary fields in the registration form. The users have to fill all as necessarily marked information truthfully and completely and to select a user name as well as a personal password.
For selling projects and ideas a value added tax identification number is required. Entrepreneurs who want to deliver goods in other EU countries or to order goods from other EU countries need a value added tax identification number (VAT number) Registrated users from countries outside the European Union do not need a VAT number but subject to the tax legislation of their respective countries. Hollyboost will check the stated VAT number and decides on the acceptation of the registration and the activation of the locked function by invalid of nonexistant VAT number.
Registered and activated users having the opportunity as an idea giver / producer to place projects, make sales and to negotiate contracts. Registered users as an audience may value projects and put proposals. Unregistered visitors may view merely at parts of Hollyboost, nevertheless, do not value.
Persons under age are not excluded from the participation, nevertheless, must be represented from legal guardian ( Parents or guardians etc..) In case of that the agreement of commission with the person under age with Hollyboost does not take place the producer has to pay the commission to Hollyboost or to release the repayment claims from the person under age.
The user name shall not violate any third-party rights, - in particular not violate name or brands rights and not contrary to public policy..A multiple registration of a user as an idea giver, is inadmissible. Hollyboost reserves itself the right to refuse the access at any time without giving reasons or to revoke without notice the registration, in particular if the announcing idea giver / producer does not hold to these Terms and Conditions. In such case is no compensation claim from the idea giver / producer.
Prerequisite for a use of the idea platform is the registration and acceptance with these directives and activation by Hollyboost. The communication between idea giver / producer, audience and Hollyboost takes place exclusively electronically. The following regulations are to be kept to the account:
Idea givers / producers shall keep their password confidential and protect the access to their account carefully. A user account is not transferable.
5. Obligations of the user
The users assure that all information's are right and is not delusive. The users further assure that they are authorized at the unlimited order about every idea opposed by them and these are not loaded with third party rights. The users are obliged with the use of the platform not to place any projects which are not in accordance to the law ( especially criminal law, competition law, author's rights , law relating to the use of name, trademark law, professional regulations and consulting bans like the legal advice and tax consulting law or violence against good morals.
With the use of the provided platform to place projects it is in particular prohibited the user:
a) To put ideas which are not in accordance to the law ( especially criminal law, competition law, author's rights , law relating to the use of name, trademark law, professional regulations and consulting bans like the legal advice and tax consulting law or violence against good morals.
b) to publish personal data's and information about people, e.g., name, addresses, phone number and fax numbers, profession or e-mail address, e-mail traffic or correspondence,
c) To publish trade secrets and business secrets,
d) to publish pornographic, youth-endangering, power-glorifying or in further manner law-contrary and immoral material and contents which promote hatred, violence, racist discrimination or injury of penal laws supra ä. or glorify, or on websites with those contents link.
e) to violate against current law or to request to law offence or on websites with those contents link
f) false fact assertions, insults or abusive criticism publish to publish or to help themselves to a vulgar or indecent language or to help themselves to a vulgar or indecent language and to write in disrespectful, provocative and aggressive way about or with other users or further third parties or to communicate,
g) to publish articles and contents with delusive contents or in a way which readers mislead, Disowning of the idea givers against his duties, Hollyboost is entitled at any time to extinguish the affected projects. Because of the deletion of an idea on account of a duty injury of the idea giver no rights and claims, in particular no compensation on claims are entitled to this. The idea giver has to make sure that there are no risks from his transmitted data or files, possibly by viruses or worms or further digital damages
6. Liability of the user
The user relieve Hollyboost from all claims, that other idea givers or further third parties towards Hollyboost make validly because of violation of their rights by projects opposed by the idea giver or from the audience made proposals in this connection are asserted.
The users take over, the expenses of the necessary legal defense from Hollyboost including all court and lawyer costs by legal height.
This is not taking place when the user has done the violation of law. The users are obliged to make available all information Hollyboost for the case of a claim by third parties immediately, truthfully and completely who are necessary for the check of the claims demands and the defence.
Should originate Hollyboost or their fulfilment assistants due to the use of the data from the users, from files and programs which causes to damages , the users if they are responsible for, have to pay for the costs of the damage and the consequential damages.
7. Contract duration
The contract of utilization for idea giver / producer is unlimited. He can be canceled by platform with a notice from 1 month to the month end. The users are entitled to cancel the contract of utilisation at any time. The right for notice for serious reasons still remains for all parties. An important reason is given if :
a) the user is acting fraudulently by using this platform by violation against penal provisions against regulations and against public morality
b) the idea giver violate against in paragraph 5 agreed duties or bans,
c) the idea giver repeatedly projects put online which are obviously pointlessly or emptily
Hollyboost takes no warrantee for technical defects, in particular for the constant and uninterrupted availability of the idea lounges on the Internet and the entire and perfect reproduction of the opposed projects or further contents or articles, as far as these faults having their causes beyond the access area of Hollyboost.
9. Liability limitation
Hollyboost is liable for damages, except in the case of the violation of essential contract duties, only, as far as Hollyboost legal representatives, leading employees or further fulfilment assistants are acting with gross negligence and intention. The liability is limited after the height to the damages typically predictable with contract start.
A liability for compensation of indirect damages and lost profit, exists only with intention or gross negligence by representatives, leading employee or other fulfilment assistants of Hollyboost take place. The mentioned disclaimers of liability and restrictions are not valid in the case of the takeover of explicit guarantees by Hollyboost for damages from the injury of the life, the body or the health as well as in the case of compelling legal regulations.
The ideas and articles on the platform are foreign contents, therefore Hollyboost is not responsible. Exclusively the idea giver is responsible for the contents, in particular their correctness and juridical admissibility. Third party, e.g., by adjusting of links or hyperlinks is in particular also responsible for in the ideas and articles this for contained opportunities of the transmission on data bases, websites, services etc. Hollyboost guarantees in respect neither for accessibility, continuance or security of these data bases or services, nor for the contents of the same. In particular Hollyboost does not guarantee for their legality, content correctness, completeness, actuality etc. achievement interruptions, e.g., on the basis of maintenance work, become, as far as Hollyboost reasonably, informed to begin with
The limitation of the availability for the duration of the maintenance is Hollyboost not responsible for. Rights and claims due to the limitation and failure are not given to the idea giver
10. Alteration of this terms and conditions
Hollyboost reserves itself to change these Terms and Conditions any time. The new ones will be
sent to the idea giver by e-mail at the latest four weeks before they come into place.
If the idea giver does not disagree within four weeks after receipt this e-mail, the changed Terms and Conditions are taking place.
Hollyboost will inform by e-mail, about the importance of this 4-week deadline.
11. Data validation, privacy
The users agree to the elevation, the processing and the use of their personal data. The elevation, processing and use of personal data takes place based on the regulations , in particular of the federal data protection act (BDSG) and the telecommunication law. The personal data of the idea giver are raised, primarily, for the contract winding up, are processed and used; they are not transmitted to third parts, unless this is necessary for the implementation of the contract compelling or entitles the idea giver Hollyboost moreover expressly. Idea givers and producer have to revoke the law, the approval of the elevation, processing and use of their personal data with effect for the future any time. In case of the cancellation Hollyboost will immediately extinguish all personal data of the revoking, as soon as these data are not necessary for the contract any more
12. Place of jurisdiction, partial ineffectiveness and written form
With all disputes arising from the contractual relationship is if the customer is an independent commercial agent, a legal entity of the public law or a public law special property, place of fulfillment and legal venue for both parts the local court Tostedt/ district court Stade
Valid is exclusively German law to the exclusion of the laws about the international purchase of movable things, even if the customer has his company headquarters abroad. Should a regulation of the contract be ineffective or become or the contract should contain completion-conditioned gaps, this does not touch the effectiveness of the remaining regulations.
At place of the ineffective regulation or the gap steps to the economic purpose of the arrangement coming close regulation(settlement) which would have been agreed by the parties if they had known the ineffectiveness of the regulation