Terms of use

Terms of use

Thank you for using our products and services (“Services”). The services are provided to you by the provider. Use of the Services implies that you agree to these Terms of Use. Please read them carefully. We offer a variety of different services. For this reason, additional conditions or product requirements (e.g. a minimum age) may apply. Such additional terms will be provided in connection with the applicable Services and will become part of your user relationship with us once you use such 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:
Property rights: Patents, rights in inventions, copyrights and related rights, trademarks, business names and domain names, rights in trade dress, goodwill and the right to sue for misbranding, rights in designs, computer software, databases, the right to use confidential information (including know-how) and to protect the confidentiality thereof, and all other intellectual property rights in each case regardless of, whether the intellectual property is registered or unregistered in any way and including all applications and rights granted, renewals or extensions and the assertion of priority of a claim based on such rights, as well as all similar or equivalent rights or forms of protection which – at the present time or in the future – continue or will continue worldwide. Group Company: any company affiliated with the Offeror within the meaning of §§ 15 et seq. AktG.

Content: All materials/works containing text, information, data, images, photographs, drawings or typographical designs; all audio or video materials in any media and in any form produced/created by the Performer and submitted to us and subsequently published by the Performer to be offered to Users for use against payment.

User: End customers of the content as well as performers, unless otherwise regulated in the individual case.

User account: An account created by a user or a performer.

Performer: An independent natural person or legal entity that produces Content itself, transmits it to the Platform and offers it there to the Provider for further, non-exclusive exploitation either free of charge or against payment. 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 from 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 acts shall also include the obligation not to have such acts performed by third parties.

2. registration of a user account

Users and Performers must log in to the Platform by registering a User Account in order to use the Platform’s features 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 are obliged to truthfully provide the mandatory information. The Provider reserves the right to have this information confirmed by submitting suitable documents.

2.2 Registration as a Performer requires further information. This concerns in particular the case when the Performer wishes to be paid a credit for services rendered and/or content created. In this respect, the Provider clarifies that it is obliged to notify the competent tax authorities of the payouts, including name, bank details, payout amount and other data.

2.3 Use of the Platform contrary to the rules of these Terms of Use may result in 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 obligated to comply with the guidelines that apply to the Provider’s services.

3.2 The User may not use the services of the Provider in an abusive manner. For example, the User is not authorized to interfere with the Services or to access the Services in any manner other than through the user interface provided by the Provider and as specified. The user may only use the services offered within the legally permissible scope. The Provider may suspend or discontinue providing the Services to the User if the User violates these Terms of Use or Policies or if the Provider investigates suspected misconduct.

3.3 By using the Services, the User does not acquire any copyrights or proprietary rights in the Services or in the Content. The User may not use any content from the Services unless the User has the consent of the rights holder or is otherwise entitled to such use. These Terms of Use do not grant the User any right to use any trademarks, brand elements or logos used in the Services. Legal notices displayed in or in connection with the Services may not be removed, obscured or altered.

3.4 Content is displayed in the Services that does not originate from the Provider. This content is the exclusive responsibility of the person who 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 may remove content or refuse to display it if it reasonably believes that it violates our policies 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 you from obeying traffic rules or safety regulations.

4. contents

4.1 Users are entitled to post data on the platform via the input windows provided for data entry, provided that this content is not inadmissible.

4.2 Inadmissible are contents which

(a) are threatening, defamatory, subversive, abusive of racial hatred, discriminatory, threatening, offensive, inflammatory, profane, xenophobic, or criminally relevant, violate privacy rights, or are likely to cause distress or inconvenience to others;

b) violate the rights of third parties;

c) for which the user does not have the necessary rights of use, exploitation and publication;

d) contain inadmissible advertising for third-party offers outside the Provider’s platform;

e) are harmful to minors;

f) that constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law or infringe 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 entities for the prosecution of violations of these Terms of Use or the law and, to that extent, disclose information and data within the scope of the Privacy Policy.

5. tokens

5.1 Functions, services and content subject to payment 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 exploitation against payment and the Platform exploits this content, the Performer shall receive a share in the revenues generated by the Platform in accordance with the applicable Performer guidelines. The amount of revenue share generated but not yet settled is expressed in the unit tokens. For settlement purposes, 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 shall not tolerate fraudulent acts under any circumstances. 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, through the use of stolen credit cards, false account data (including but not limited to the use of stolen credit cards, false account information, misuse of account information or 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 honored/executed by the User’s bank for any reason, the Provider reserves the right to suspend and/or terminate User accounts with immediate effect and to collect bad debts in any manner available under the law, including but not limited to the following (i) collection of the amount owed from the User’s bank account or credit card and the (ii) Engaging a debt collection agency to collect the debt. This may have a negative impact on the User’s credit rating with their bank or credit card company and requires the Provider to forward the User’s personal information to the appropriate parties.

6.2 The Provider reserves the right to cancel and withhold all or part of the amounts of Tokens of the Users of which the Provider has reason to believe that the relevant User has committed or been involved in a fraudulent act to the detriment of the Provider, a Group Company or another User.

7. indemnification

7.1 Without prejudice to any other rights, in the event of a partial or total breach by the User of any of the provisions of these Terms of Use, the Provider reserves the right to take appropriate measures, including immediate termination of the business relationship with the User, blocking of access to the User’s User Account, termination of the User Account, withholding of all funds held in the User Account and/or taking legal action against the User.

7.2 The User agrees to indemnify and hold harmless the Provider, a Group Company, its shareholders, directors and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including all attorneys’ fees, court costs and other charges, arising out of any breach, in whole or in part, of these Terms of Use by such User, by violation of any law or of the rights of a third party and by the use of the Platform by such User or by any other person accessing the Platform by means of such User’s registration data and password, whether or not such User has given its consent thereto.

8. liability

8.1 The Provider and all Group Companies, shareholders, directors and employees (whether jointly or severally) shall not be liable to Users or any third party for any special, incidental, direct, indirect or consequential damages of any kind or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of such damages, arising out of or in connection with the use or performance of this information. Any obligation to pay damages arising under any contractual right, tort, negligence or any other law, or arising from any duty to indemnify, shall in any case be limited to the total amount that the User has spent to date on the Internet Platform for the purchase of Tokens. If a competent body declares any part of this clause unenforceable, liability shall be limited to the maximum extent permitted by law.

8.2 The Provider shall be liable without limitation insofar as 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. Likewise, the provider is liable for the slightly negligent breach of essential obligations. These are obligations whose violation endangers the achievement of the purpose of the contract or whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the user can regularly rely. In such a case, however, the Provider shall only be liable for the foreseeable damage typical for the contract; the Provider shall not be liable, however, for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

8.3 All limitations of liability set forth in these Terms of Use shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the condition of the product and in the event of fraudulently concealed defects.

8.4 If the use of the contents on the platform by the User leads to 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. waiver

The waiver by the Provider of any rights in the event of a breach of these Terms of Use shall not be deemed 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 use

These Terms of Use may be amended by the Provider at any time. Any amendments to these Terms of Use shall be published on the Provider’s website, displayed to the User upon the intended use of the Provider’s services and/or sent by e-mail. If the User does not object to the amendment of the Terms of Use within two weeks after receipt of the notification of the amendment, the amended version of the Terms of Use shall become effective. If the User objects to the changes in the Terms of Use, the Provider may exclude the User from using the Services for the future and, to that extent, terminate the legal relationship.