TERMS OF USE

Thank you for using our products and services (“Services”). The services are made available to you by the provider. Use of the Services assumes that you agree to these Terms of Use. Please read them carefully. We offer a variety of different services. For this reason, additional terms or product requirements (e.g. a minimum age) may apply. Such additional terms are provided in connection with the relevant Services and become part of your relationship with us once you use those Services. Please read these Terms of Use carefully and make sure you understand them. By using the platform and/or by registering a user account, you accept these terms of use. If you do not accept these Terms of Use, do not use our Platform.

1. DEFINITIONS

1.1 The following definitions apply: Industrial property rights: patents, rights to inventions, copyrights and related rights, trademarks, business names and domain names, rights to presentations, goodwill and the right to sue for trademark misuse, rights to designs, computer software, databases, the right to use confidential information (including know-how) and to protect its confidentiality, as well as all other intellectual property rights in any case, regardless of whether the intellectual property is in any way registered or unregistered and including all possible uses and rights granted, renewals or extensions and the assertion of the priority of any claim based on such rights and any similar or equivalent right or form of protection which – now or in the future – is or will be in existence anywhere in the world. Group Company: any company affiliated with the Offeror within the meaning of §§ 15 ff. AktG.
Content: All materials/works containing text, information, data, images, photos, drawings or typographical designs; any audio or video material, in any media and in any form, produced/created by the Performer and transmitted to us and subsequently published by the Performer to offer to Users for paid use.
User: End customers of the content as well as performers, unless otherwise regulated in individual cases.
User Account: An account created by a User or a Performer.
Performer: An independent natural or legal person who produces content himself, transmits it to the platform and offers it there to the provider for further, non-exclusive and either free or paid use. The provider can reject offered content.
Tokens: Tokens are units of calculation and measurement for the use of functions and services or content by a user or for the provision of content and services by a performer. A direct legal relationship between user and performer does not arise through the use of tokens.
1.2 A reference to clauses or annexes refers to the clauses and annexes of the Terms of Use, unless otherwise stated.
1.3 Any obligation under the Terms of Use to refrain from certain actions also includes the obligation not to have those actions performed by third parties.

2. REGISTRATION OF A USER ACCOUNT

Users and performers must register on the platform by registering a user account in order to be able to use the platform’s functions and services. In addition, individual functions and services of the platform are subject to a fee and are only available after prior payment.
2.1 When registering a user account, you are obliged to provide the mandatory information truthfully. The provider reserves the right to have this information confirmed by submitting suitable documents.
2.2 Registration as a performer requires further information. This applies in particular to the case when the performer wants to be paid a credit for services rendered and/or content created. In this respect, the provider makes it clear that it is obliged to report the payments including name, bank details, payment amount and other data to the responsible tax authorities.
2.3 The use of the platform contrary to the rules of these terms of use can lead to the immediate deletion of the user account.
2.4 A third party may not be granted access to a user account.

3. USE

3.1 The user is obliged to comply with the guidelines that apply to the services of the provider.3. USE
3.2 The user may not use the provider’s services in an abusive manner. For example, the user is not entitled to intervene in the services or to access the services in any other way than via the user interface provided by the provider and in accordance with the specifications. The user may only use the services offered within the legally permissible framework. The provider may suspend or discontinue the provision of the services to the user if the user violates these terms of use or guidelines or if the provider is investigating suspected misconduct.
3.3 By using the services, the user does not acquire any copyrights or industrial property rights to the services or the content. User may not use content from the Services unless User has the consent of the copyright owner or is otherwise authorized to do so. These Terms of Use do not grant the User any right to use any trademarks, trademark elements or logos used in the Services. You may not remove, obscure, or alter any legal notices displayed on or in connection with the Services.
3.4 Content is displayed in the services that does not originate from the provider. This content is the sole responsibility of whoever makes it available. The provider does not adopt these as its own. The provider reserves the right to check content for illegality or violation of guidelines. The provider can remove content or refuse to display it if it can reasonably assume that it violates our guidelines or applicable law.
3.5 Some of the Services are also available on mobile devices. Please do not use these services in a way that distracts you and prevents compliance with traffic laws or safety regulations.

4. CONTENT

4.1 Users are entitled to enter data on the platform via the input window provided for data entry, provided this content is not inadmissible.
4.2 Content that
a) threatening, defamatory, seditious, abusive in inciting racial hatred, discriminatory, menacing, scandalous, inflammatory, profane, xenophobic, criminal, in violation of privacy rights, or likely to cause difficulty or inconvenience to any person;
b) infringe the intellectual property rights of third parties;
c) for which the user does not have the necessary rights of use, exploitation and publication;
d) contain illegal advertising for third-party offers outside of the Provider’s platform;
e) are harmful to young people;
f) that constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate the law or violate the rights of any third party in any country in the world.
4.3 If necessary, the provider will cooperate with investigative authorities and other instances to prosecute violations of these terms of use or the law and in this respect pass on information and data within the scope of the data protection declaration.

5. TOKENS

5.1 Paid functions, services and content are available to users after prior payment. For this purpose, the user loads a credit that is displayed to him in the form of tokens.
5.2 If the performer offers content to the platform for commercial use and the platform uses this content, the performer receives a share of the sales generated by the platform in accordance with the applicable performer guidelines. The amount of the revenue shares that have been achieved but not yet settled are expressed in the unit of tokens. For settlement, the sum of the tokens is converted into the currency of the payout amount and paid out accordingly.

6. FRAUDULENT ACTS

6.1 The Provider will under no circumstances tolerate fraudulent activities. If, in the opinion of the Provider, a User has attempted to defraud the Provider, a Group Company and/or another User in any way (including but not limited to fraudulent payments, for example by using stolen credit cards, false account details, misuse of account details or through any other fraudulent activity (including but not limited to chargeback or any other refund of a payment) or prohibited transactions (including but not limited to money laundering)) or if the user’s deposit is not recognized/executed by the user’s bank for any reason, reserves the right the provider reserves the right to suspend and/or terminate user accounts with immediate effect and to collect bad debts in any way available under the law, including but not limited to the (i) Collection of the amount owed from the user’s bank account or credit card and the (ii) engaging a collection agency to collect the debt. This can have a negative impact on the user’s creditworthiness with their bank or credit card company and requires the provider to forward the user’s personal data to the appropriate authorities.
6.2 The Provider reserves the right to withdraw all or part of the amounts of Tokens from Users, of which the Provider has reason to believe that the User in question has committed fraudulent activity to the detriment of the Provider, a Group Company or another User or involved in canceling and withholding

7. INDEMNIFICATION

7.1 Without prejudice to any other rights, the provider reserves the right to take appropriate measures, including the immediate termination of the business relationship with the user, blocking of access to the user, in the event of a partial or complete violation by the user of one of the provisions of these terms of use account, termination of the user account, retention of all funds in the user account and/or initiation of legal action against the user.
7.2 The user agrees to indemnify the provider, a group company, its shareholders, directors and employees from and against all demands, demands, liabilities, damages, losses, costs and expenses, including all legal and court costs and other fees, which due to a total or partial violation of these Terms of Use by this user, violation of a law or the rights of third parties and use of the platform by this user or by another person who accesses the platform using the registration data and password of this user, whether or not the user has consented to it, to protect, hold harmless and indemnify.

8. LIABILITY

8.1 The Provider and all Group Companies, the shareholders, directors and employees shall not be (neither collectively nor individually) liable to the Users or third parties for any special, incidental, direct, indirect or consequential damages of any kind or damages of any kind resulting from the loss use, data or profits, whether or not advised of the possibility of such damage, arising out of or in connection with the use or performance of such information. Any obligation to pay damages arising out of a contractual right, tort, negligence or any other statute, or arising out of an obligation to indemnify, shall in any case be limited to the total amount previously paid by the User on the Internet Platform for the Acquisition of tokens may be limited. If any competent authority finds any part of this clause unenforceable, liability shall be limited to the maximum extent permitted by law.
8.2 The provider is liable without limitation if the cause of the damage is based on an intentional or grossly negligent breach of duty by the provider or a legal representative or vicarious agent. The provider is also liable for the slightly negligent breach of essential obligations. These are obligations whose breach jeopardizes the achievement of the purpose of the contract or whose fulfillment is essential for the proper execution of the contract and on whose compliance the user can regularly rely. In such a case, however, the provider is only liable for the foreseeable, contract-typical damage; however, the provider is not liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
8.3 None of the limitations of liability listed in these Terms of Use shall apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and in the case of fraudulently concealed defects.
8.4 If the User’s use of the content on the Platform results in service work, repairs or corrections of hardware (devices), software or data, these costs shall be borne by the User.

9. TRANSFER

The provider reserves the right to transfer this agreement to a third party at any time, to which the user already agrees. However, the user has an extraordinary right of termination.

10. VERZICHT

The Provider’s waiver of any breach of these Terms of Use shall not be construed as a waiver of any subsequent breach of any provision or a waiver of any breach of any other provision of these Terms of Use.

11. MODIFICATION OF THE TERMS OF SERVICE

These terms of use can be changed by the provider at any time. All changes to these terms of use will be published on the provider’s website, displayed to the user when they intend to use the provider’s services and/or sent by email. If the user does not object to the change in the terms of use within two weeks of receiving notification of the change, the changed version of the terms of use will become effective. If the user objects to the changes to the terms of use, the provider can exclude the user from using the services in the future and to this extent terminate the legal relationship.

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