(Updated: 1 September 2022)

1. DEFINITIONS & SCOPE

1.1. Definitions

a) The platform operated under www.lovely-locations.com is a service offered by i like productions GmbH, represented by its Managing Director Bettina Beissmann, Hagenauer Str. 2, 10435 Berlin; it is hereinafter referred to as “LOVELY!”.

b) Location providers for photo/film shoots and events who showcase their locations on the platform with a profile entry are hereinafter referred to as “Members”.

c) The profile entry created by the Member is hereinafter referred to as “Profile”.

d) The location, contact details, other data, texts, photos, videos and links to the Member’s website that are entered by the Member are referred to hereinafter as “Information Material”.

e) Visitors to the www.lovely-locations.com website who contact LOVELY! in order to conclude a contract with the Members concerning their location rental services are hereinafter referred to as “Users”.

1.2. Subject matter of the contract and scope of the T&Cs

LOVELY! operates a platform under the www.lovely-locations.com domain where location providers for photo/film shoots and events can showcase their locations.

 Users may access the profiles presented on the platform and contact LOVELY! in order to negotiate and conclude a contract for the respective Member’s services.

The platform operated by LOVELY! at www.lovely-locations.com is only used for the purpose of establishing contact between Users and Members. A contract is concluded directly between a User and a Member.

These T&Cs govern the contractual relationship between LOVELY! and its Members and apply to all agreements concluded between them.

1.3. Third-party T&Cs

A Member’s terms and conditions that deviate from the terms and conditions set out below will not be recognised. Such deviating terms and conditions will not form part of the contractual relationship, even if LOVELY! does not explicitly contradict them.

Deviating individual agreements require confirmation by LOVELY! in text form in order to be valid.

2. PROFILE

2.1. Member information

A Member must provide LOVELY! with accurate, up-to-date and complete information and regularly check their Profile during the entire term of the contract to ensure that it is up-to-date, complete and correct. The Member must communicate any significant changes, such as the contact person, address, telephone number or the service offered, to LOVELY! without delay.

2.2. Profile content

A Member may create a Profile on the LOVELY! platform and maintain their Information Material there. After an entry has been made, LOVELY! will review such entry as soon as possible. LOVELY! reserves the right to decline a Member if the service offered does not meet the criteria and standards set by LOVELY!. Once LOVELY! has made a positive decision about the entry, the Profile will be published on the platform.

The Member has no claim against LOVELY! for the publication of specific content or a specific form of presentation of their Profile. In particular, LOVELY! may remove hyperlinks that refer to pages external to www.lovely-locations.com.

2.3. Short link / Access data

LOVELY! will allocate the Profile an individual “short link” (www.lovely-locations.com/members/ [NAME]). LOVELY! may subsequently modify or adjust this short link without the Member’s consent; however, LOVELY! will inform the Member about the adjustment or modification to the short link.

LOVELY! will grant a Member access to their personal login area after they have specified their own username (email address) and password.  The Member can change the password individually at any time.

The Member undertakes to keep the access data required for logging in to the Profile confidential and to protect them from access by unauthorised third parties.

2.4. Member’s responsibility for the Profile

The Member bears sole responsibility for the content of the Profile. The Member is obliged to publish the Information Material entered in the Profile in compliance with applicable legislation. The Member bears sole responsibility for incorrect information and infringements of the law. LOVELY! will not be liable in this respect and will not carry out any legal review of the Profile.

3. RIGHTS OF USE / GRANTING RIGHTS

3.1. Rights of use / Third-party rights

The Member is responsible for the Information Material published on their Profile. In this respect, the Member must observe the rights of third parties (copyright, personality rights, name rights, etc.). The Member warrants to LOVELY! that the Information Material they have provided is free of any third-party rights and that the Member is entitled to use it, in particular to grant LOVELY! the necessary rights of use for making it publicly accessible.

3.2. Granting rights of use under copyright law

The Member grants LOVELY! a free, simple, transferable right, unlimited in time, space and content, to make the Information Material entered in their Profile publicly accessible for commercial purposes, and to reproduce, distribute and process it for this purpose, with due consideration of the moral rights. LOVELY! is entitled to transfer these rights of use to platforms of partner companies in order to increase reach.

4. LEGAL INFRINGEMENTS

Should a third party assert a claim for legal infringement against the Member, the Member is obliged to notify LOVELY! of this immediately. LOVELY! can block the content that is the subject of such alleged legal infringement until such time that the justification for the assertion of this legal infringement has been clarified.

Should the Member infringe any legal regulations or these T&Cs, LOVELY! can delete the infringing content and, in serious cases, may block the entire Profile.

5. MEMBER’S LIABILITY & INDEMNITY

The Member will indemnify LOVELY! from all claims asserted by third parties against LOVELY! as a result of an infringement of rights or a breach of the Member’s obligations. This includes compensation for the loss or damage resulting therefrom, including any legal costs incurred by LOVELY!.

6. SERVICES PROVIDED BY LOVELY-LOCATIONS.COM

6.1. Showcasing of Member locations by LOVELY!

LOVELY! reserves the right of editorial freedom regarding the design of the www.lovely-locations.com, platform, the content and the form, as well as the right to change or redesign it, but without restricting the contractual services owed by LOVELY! to the Member.

LOVELY! will present selected Member locations in brief articles, images or video clips on the landing page of www.lovely-locations.com. LOVELY! alone will decide about their selection, display and formatting. Members have no specific entitlement to be presented by LOVELY! on the landing page.

6.2. Copyright of LOVELY!

The copyright and rights of use for these articles, images, video clips and other content created by LOVELY! remain the property of LOVELY!. The Member is only allowed to use them outside of the Profile with the explicit written consent of LOVELY!.

7. WARRANTY & LIABILITY

7.1. No liability for Member services

Any agreements concluded as a result of contact being established via www.lovely-locations.com constitute a direct contract between the Member as the provider of the service and the User as the latter’s principal. The Member bears sole liability for the provision of services to the User. LOVELY! does not mediate any jobs between the User and the Member and does not assume any liability for the successful execution of the contract between the User and the Member.

7.2. No liability in the event of force majeure

Claims asserted by the Member against LOVELY! for non-performance of contractual obligations as a result of force majeure or as a result of obstacles that lie within the Member’s area of responsibility are excluded. In this case, agreed performance deadlines will be deemed to have been extended accordingly.

Force majeure will also be deemed to exist if LOVELY! has to temporarily restrict or suspend its services, as a consequence of a computer virus entering the system or a hacker attack, in order to eliminate the consequences of such a cyberattack and to take further protective measures.

7.3. System and server failures / Maintenance work

Warranty and/or compensation claims on the part of the Member against LOVELY! due to a system or server failure or the temporary unavailability of www.lovely-locations.com due to maintenance work or data storage are excluded. LOVELY! will make every effort to eliminate any problem immediately in the event of the temporary unavailability of www.lovely-locations.com and/or the Member’s Profile. In such cases, LOVELY! will be released from its contractual obligation to provide services for the duration of the unavailability as well as for a reasonable time before and after.

The deadline for subsequent performance for LOVELY! in the case of other warranty claims asserted by the Member is one week after the Member’s notification of defect, whereby the Member must precisely describe the defect to LOVELY!. The Member may assert any further legal claims after the period has expired without success.

7.4. Liability for intent and gross negligence

LOVELY! will only be liable to the Member for loss or damage caused by LOVELY! itself or its vicarious agents intentionally or through gross negligence. Excluded from this is loss or damage resulting from the breach of a contractual obligation that is essential for the achievement of the purpose of the contract (cardinal obligation), as well as loss or damage resulting from injury to life, body or health, for which LOVELY! is also liable in case of slight negligence.

7.5. Limitation period for claims

Claims asserted by the Member that result from a breach of duty on the part of LOVELY! or its vicarious agents are subject to a period of limitation of one year after the legal commencement of the period of limitation. Excluded are claims for damages based on an intentional or grossly negligent breach of duty on the part of LOVELY! or its vicarious agents, and claims for damages based on injury to life, body or health, even if they are based on a slightly negligent breach of duty on the part of LOVELY! or its vicarious agents; the statutory limitation periods apply to these claims for damages.

8. TERM OF THE CONTRACT / TERMINATION

8.1. Contract term

Any contracts between LOVELY! and its Members will be valid without limitation by default. If required or requested, Member status, contractual period and termination of the contractual relationship will be agreed upon between LOVELY! and the Member on an individual basis.

8.3. Exceptional termination

The right to extraordinary termination remains unaffected. LOVELY! is, in particular, entitled to terminate the contract without notice if the Member breaches essential contractual obligations.

The contract may be terminated by either party without notice and without special reason if the situation of force majeure (see section 7.2) lasts for more than two months.

9. PRICING

For Members, the use of www.lovely-locations.com is free of charge, regardless of the number of individual location listings active on the platform.

10. FINAL PROVISIONS

10.1. Changes to the Terms & Conditions

LOVELY! is entitled to amend these T&Cs. LOVELY! will publish the amended T&Cs on its website at https://lovely-locations.com/tc/ when they come into effect. Insofar as the User does not object to the amended T&Cs within 6 weeks after publication, the amended T&Cs will be deemed to have been approved by the Member and thus become an integral part of the contractual relationship.

LOVELY! draws the Member’s attention to this circumstance and may terminate the contractual relationship in the event of the Member’s objection while continuing to protect the Member’s legitimate interests, or may continue the contractual relationship under the old T&Cs. The Member has no claim vis-à-vis LOVELY! to a certain course of action to be taken by LOVELY!.

10.2. Data privacy

Information on the collection and processing of personal data is provided by LOVELY! in its privacy policy, which can be accessed at  http://www.lovely-locations.com/tc.

10.3. Non-disclosure

LOVELY! and the Member are obliged to maintain secrecy about the content, the execution and the circumstances associated with the contract, even after the contract has terminated.

10.4. Written form / Ineffectiveness of certain provisions

Any modifications or amendments to this contract, as well as notice of termination, must be made in writing. This also applies to the annulment of this provision requiring the written form. If individual provisions of these T&Cs are invalid in whole or in part, it will not affect the validity of the contract and the remaining T&Cs. The invalid provision will be replaced by a provision that comes closest to the meaning and purpose of the invalid provision.

10.5. Application of Swiss law / Place of jurisdiction

Swiss law will apply. The place of performance and jurisdiction for disputes arising in connection with the contract between LOVELY! and the Member as well as in connection with these T&Cs is – as far as is legally permissible – Zurich.