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.
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.
2.4 A third party may not be granted access to a user account.
3.1 The user is obliged to comply with the guidelines that apply to the services of the provider.3. USE
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.
4.1 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.
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
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.
8.4 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.
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.
11. MODIFICATION OF THE TERMS OF SERVICE
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