Terms & Conditions
1. DEFINITIONS & SCOPE
a) The platform operated under www.plush74.com is a service offered by PLUSH74 Switzerland AG, represented by its Managing Director Robin Sebastian Hoefler, Zähringerplatz 11, CH-8001 Zurich; it is hereinafter referred to as “PLUSH74“.
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.plush74.com website who contact Members represented there in order to conclude a contract with them concerning their location rental service offered by a particular Member are hereinafter referred to as “Users“.
1.2. Subject matter of the contract and scope of the T&Cs
PLUSH74 operates a platform under the www.plush74.com domain where location providers for photo/film shoots and events can showcase themselves.
Location providers and specialists have to apply to PLUSH74 using a contact form. PLUSH74 will check the application, evaluate it and decide whether to incorporate it into the PLUSH74 portfolio. PLUSH74 reserves the right to decline applicants if they do not meet the standards defined by PLUSH74.
Users may access the profiles presented on the platform and contact the Members featured there in order to negotiate and conclude a contract for the respective Member’s services.
The platform operated by PLUSH74 at www.plush74.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 PLUSH74 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 PLUSH74 does not explicitly contradict them.
Deviating individual agreements require confirmation by PLUSH74 in text form in order to be valid.
2.1. Member information
A Member must provide PLUSH74 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 PLUSH74 without delay.
2.2. Profile content
A Member may create a Profile on the PLUSH74 platform and maintain their Information Material there. After an entry has been made, PLUSH74 will check it within three working days. PLUSH74 reserves the right to decline a Member if the service offered does not meet the criteria and standards set by PLUSH74. Once PLUSH74 has made a positive decision about the entry, the Profile will be published on the platform.
The Member has no claim against PLUSH74 for the publication of specific content or a specific form of presentation of their Profile. In particular, PLUSH74 may remove hyperlinks that refer to pages external to www.plush74.com.
2.3. Short link / Access data
PLUSH74 will allocate the Profile an individual “short link” (www.plush74.com/members/ [NAME]). PLUSH74 may subsequently modify or adjust this short link without the Member’s consent; however, PLUSH74 will inform the Member about the adjustment or modification to the short link.
PLUSH74 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. PLUSH74 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 PLUSH74 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 PLUSH74 the necessary rights of use for making it publicly accessible.
3.2. Granting rights of use under copyright law
The Member grants PLUSH74 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. PLUSH74 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 PLUSH74 of this immediately. PLUSH74 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, PLUSH74 can delete the infringing content and, in serious cases, may block the entire Profile.
5. MEMBER’S LIABILITY & INDEMNITY
The Member will indemnify PLUSH74 from all claims asserted by third parties against PLUSH74 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 PLUSH74.
6. SERVICES PROVIDED BY THE PLUSH74.COM PLATFORM
6.1. Showcasing of Member by PLUSH74
PLUSH74 reserves the right of editorial freedom regarding the design of the www.plush74.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 PLUSH74 to the Member.
PLUSH74 will present selected Members in brief articles, images or video clips on the landing page of www.plush74.com. PLUSH74 alone will decide about their selection, display and formatting. Members have no specific entitlement to be presented by PLUSH74 on the landing page.
6.2. Copyright of PLUSH74
The copyright and rights of use for these articles, images, video clips and other content created by PLUSH74 remain the property of PLUSH74. The Member is only allowed to use them outside of the Profile with the explicit written consent of PLUSH74.
7. WARRANTY & LIABILITY
7.1. No liability for Member services
Any agreements concluded as a result of contact being established via www.plush74.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. PLUSH74 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 PLUSH74 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 PLUSH74 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 PLUSH74 due to a system or server failure or the temporary unavailability of www.plush74.com due to maintenance work or data storage are excluded. PLUSH74 will make every effort to eliminate any problem immediately in the event of the temporary unavailability of www.plush74.com and/or the Member’s Profile. In such cases, PLUSH74 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 PLUSH74 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 PLUSH74. The Member may assert any further legal claims after the period has expired without success.
7.4. Liability for intent and gross negligence
PLUSH74 will only be liable to the Member for loss or damage caused by PLUSH74 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 PLUSH74 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 PLUSH74 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 PLUSH74 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 PLUSH74 or its vicarious agents; the statutory limitation periods apply to these claims for damages.
8. TERM OF THE CONTRACT / TERMINATION
8.1. Free test phase
PLUSH74 offers all Members free use of the platform until 31/12/2022. All contracts concluded before that date will automatically expire on 31/12/2022 without the need for any notice of termination by either party.
8.2. Contracts from 01/01/2023 onwards
PLUSH74 will conclude new contracts with its Members with effect from 01/01/2023. Member status, contractual period and termination of the contractual relationship will be agreed between PLUSH74 and the Member on an individual basis.
8.3. Exceptional termination
The right to extraordinary termination remains unaffected. PLUSH74 is, in particular, entitled to terminate the contract without notice if the Member breaches essential contractual obligations or their payment obligations, and the Member is in default of payment despite two unsuccessful requests for payment on the part of PLUSH74.
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 & INVOICING
As of 01/01/2023, the use of the www.plush74.com platform will be subject to a fee for some Members, which will be communicated no less than 30 days prior to that date and which will depend on the commercial or private nature of the listed location. While commercial locations will be subject to a fee, private locations will remain free of charge even after 01/01/2023.
PLUSH74 is entitled to increase its prices. PLUSH74 will inform the Member of such price increases in due time. Price increases will have no effect on the term of the current contract but entitle the Member to terminate the contract for exceptional reasons.
9.2. Invoicing and Payment
PLUSH74 can issue an invoice before a service is rendered. The invoice amount shown in the invoice for the entire contractual term is due at the beginning of the particular contractual period at the time the invoice is issued.
10. FINAL PROVISIONS
10.1. Changes to the Terms & Conditions
PLUSH74 is entitled to amend these T&Cs. PLUSH74 will send amended T&Cs to the Member’s e-mail address 6 weeks before they come into effect. Insofar as the User does not object to the amended T&Cs within 6 weeks after notification has been sent, the amended T&Cs will be deemed to have been approved by the Member and thus become an integral part of the contractual relationship.
PLUSH74 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 PLUSH74 to a certain course of action to be taken by PLUSH74.
10.2. Data privacy
PLUSH74 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 PLUSH74 and the Member as well as in connection with these T&Cs is – as far as is legally permissible – Zurich.