General Terms and Conditions
1020 Vienna, Ausstellungsstraße 50C, Austria
FN 552734w - Commercial Court Wien
UID Nr.: ATU76692768
Tel.: +43 720 27 2010
There is a German and an English version of these Terms and Conditions. Only the German version of these Terms and Conditions shall be legally binding.
- RareLoot GmbH, hereinafter Agency, is a distributor of digital media content.
- Our Freelancer produce digital media content which is then marketed and distributed by Agency.
- Unless otherwise agreed in writing, these General Terms and Conditions apply to all legal transactions and agreements with Agency.
YOUR RIGHTS AND DUTIES AS A USER
- Freelancer may freely register, thereby entering into an unlimited partnership, which may be terminated at any time by writing an e-mail to email@example.com; your registration and your partnership will not incur any costs.
- As a registered freelancer, it is at your discretion to produce digital media content. There are no service obligations imposed on you by Agency. Also, you will not be provided with any infrastructure or any reimbursement as to any costs related to your active partnership, except for your sales share as defined herein.
- By making their content available on the Agency's platform, freelancers grant Agency the sole right of use, transfer and forwarding for the agreed purpose. Agency is, therefore, also entitled to transfer the rights granted to it in whole or in part to third parties or to grant third parties rights of use or permission to use the work.
- Agency is at liberty to reject the work after it has been uploaded, should it have any lurid content. This includes, in particular, works with violent, religious or pornographic content.
- You are not allowed to distribute, disseminate or hand over private copies of your product (confidentiality). Therefore, you are required to sign a non-disclosure agreement as part of your membership application.
- Our freelancers are self-employed and, as such, liable for their own tax and social security contributions. There is no employer-employee relationship.
CALCULATION AND PAYMENT OF SALES SHARE TO OUR USERS
- Freelancers receive the agreed sales share on the distributed product after fulfilment of the job.
- The prices are agreed individually for each job.
- Agency will use your account information stored under Settings for payment (e.g. bank account transfer, Paypal, Transferwise).
- Neither you nor Agency may participate in product campaigning and any decisions related thereto.
- You may not set off any claims with Agency’s claims, save for claims regarding services which Agency commissioned in writing and where there is a confirmed offer or invoice.
- Agency may terminate this partnership especially under the following circumstances:
- If a product release is delayed as a direct result of your inadequate service for any tasks that have been assigned to you.
- If you violate any of your duties.
- If there is any reason to believe that your behaviour is or might negatively affect team spirit and the performance of other members of your team.
- You may terminate your active partnership at any time by the end of each month. After termination of the partnership you have no right to any further payment.
- Agency is entitled to use any delivered content and business relationships for advertising on its advertising channels and websites.
- You shall be held liable for all damage caused by you or any of your subcontractors.
- In the event of any violation of rules by you, for which Agency is held liable, we reserve all rights to pass any claims and/or charges to you.
- Agency’s liability will be limited to cases of gross or wanton negligence, unless provided otherwise by law.
- Place of performance shall be the location of the registered office of Agency.
- These Terms and Conditions shall be exclusively governed by and construed in accordance with the laws of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods. The local Austrian courthouse closest to the registered office of Agency shall have jurisdiction over any legal matters arising under this partnership.
- Should individual provisions of this contract be or become ineffective, the remaining content of this contract shall not be affected. The contractual partners will work together in a spirit of partnership to find a provision that comes as close as possible to the invalid provision.