Terms and conditions regarding the use of THE CAST LIST platform

This section regulates the terms and conditions regarding the use of the platform developed by ON VOGUE MANAGEMENT SRL based in Bucharest, 6 Aleea Hobița, District 2, registered with the Trade Register under no. J40/17482/2007, TIN 18135809.

1. Definitions

  • ON VOGUE: ON VOGUE MANAGEMENT SRL with its registered office in Bucharest, 6 Aleea Hobița, District 2, registered with the Trade Register under no. J40/17482/2007, TIN 18135809, the owner and developer of THE CAST LIST Platform.
  • User: any natural person who registers and uses the THE CAST LIST Platform.
  • THE CAST LIST Platform: the website through which ON VOGUE provides services to the Users.
  • Services: all the services and benefits offered through the THE CAST LIST Platform by ON VOGUE to the users who register and create a profile/account on the THE CAST LIST Platform.

2. Confidentiality conditions

Whereas:

  • The User is and will be involved in the projects belonging to ON VOGUE (“the Projects”), and in connection with these Projects, the User has become aware of certain Confidential Information (as defined below);
  • Confidential Information convey, this enumeration not being exhaustive, knowledge and/or trade secrets regarding the data processing system and infrastructure, the organizational processes of ON VOGUE and its partners,
  • The parties agree that the disclosure and use of Confidential Information will be made on the basis of these terms and conditions.

The User undertakes to maintain the confidentiality of the information obtained as a result of using THE CAST LIST Platform, under the following conditions:

2.1 Confidential Information means all information and documents that are either expressly marked as “confidential”, or whose confidentiality results from the circumstances or the kind of information itself, obtained when using THE CAST LIST Platform. The Confidential Information is, in particular, but not limited to, all data related to THE CAST LIST Platform and/or obtained by using THE CAST LIST Platform, projects, development, research and planning, filming, materials, ideas, scenarios, as well as all economic, personal, technical, legal, financial, fiscal, marketing and other information that relates to the content of THE CAST LIST Platform.

2.2 The information exchanged between the parties during the preparations for accessing THE CAST LIST Platform and the registration of the User profile/account, as well as any information transmitted by any means of communication, whether or not specified as confidential, is confidential.

2.3 It is not Confidential Information upon their receipt or lose such character when one of the situations is found:

a. it already exists in the public domain;

b. the information that reaches the public domain after the disclosure or realization, other than by fault of the User or his persons/collaborators.

2.4. The User undertakes that throughout the validity of the use of THE CAST LIST Platform and for another 5 years after ceasing its use, to keep the confidentiality of the Information, to store it safely, not to use the Confidential Information for personal interest and/or not forward it to a third person.

2.5. The User is responsible for any breach of the confidentiality obligation, such as, but not limited to:

  • any accidental leakage of Confidential Information;
  • any unauthorized disclosure of Confidential Information to any other natural or legal person, authorized or unauthorized to receive Confidential Information.

2.6. The User will keep the confidentiality of all Confidential Information and will use it exclusively in order to achieve the purpose pursued through the use of THE CAST LIST Platform. The User shall protect the Confidential Information from unauthorized access and treat it with the same precaution that the User applies to his/her similar confidential information.

2.7. The use of the Confidential Information by the User outside the purpose for which it was transmitted and without the prior written consent of ON VOGUE, entails the patrimonial liability of the User for all the direct or indirect damages caused by ON VOGUE,

2.8. The User undertakes to keep the confidentiality of the Information that is the property of third parties and not to use or transmit it to third parties except for the purpose for which it was entrusted by ON VOGUE.

2.9. Upon termination of collaboration, the User shall return all Confidential Information, regardless of their medium, all documents and materials comprising Confidential Information, as well as any part thereof, with all copies and derivative materials made, including copies of Confidential Information fragments, or it shall destroy it, without prejudice to any ON VOGUE rights.

2.10. The obligation of confidentiality enters into force on the date of acceptance by the User of this section regarding the terms and conditions of the use of THE CAST LIST Platform and shall produce its effects throughout the use of THE CAST LIST Platform plus another 5 years from the date of ceasing the use of THE CAST LIST Platform.

2.11. In the event of a breach by the User of the Confidentiality Obligation regulated in this section, ON VOGUE is entitled to claim, and the User is obliged to pay to ON VOGUE damages in the amount of EUR 10,000 (ten thousand) for each breach of the Confidentiality Obligation and, also, to request the User to cease the activities of disclosing Confidential Information, as well as to eliminate the negative effects of his acts.

2.12. If the damage caused to ON VOGUE exceeds EUR 10,000 for a violation, ON VOGUE may claim supplementary damages until the full recovery of the entire damage suffered.

2.13. The User will pay ON VOGUE a penalty clause amounting to EUR 10,000 within a maximum of 15 (fifteen) days from the date of the written notification issued by ON VOGUE, subject to penalties for late payment of 1% per day of delay of the amounts due, the total of which may exceed the amount to which penalties are applied.

2.14. The legal relations between ON VOGUE and the User resulting from this section will be governed and interpreted in accordance with the Romanian law.

2.15. Any disputes, conflicts or misunderstandings between ON VOGUE and the User will be settled amicably, and if such a solution is not possible, the disputes will be resolved by the competent courts located at the ON VOGUE headquarters.