These Terms and Conditions are available in German and English. In the event of ambiguities or contradictions between the language versions, the German version is legally binding.

GENERAL TERMS:

• The company RareLoot GmbH, hereinafter called Agency, is a distributor of digital media content.
• The direct contact, hereinafter referred to as Product Manager will support our teams and Users with their product realisation.
• User produces digital media content which is then marketed and distributed by Agency.
• Users may form a team for joint digital content production.
• These Terms and Conditions apply to all legal transactions and agreements with the Agency, unless otherwise agreed in writing.

YOUR RIGHTS AND DUTIES AS A USER

• You may register as a User/Partner after having successfully completed the personal application period. The partnership runs indefinitely and can be terminated at any time by sending an e-mail to info@rareloot.at. There are no costs for registration or during the partnership.
• As a registered User, 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 the content available on the Agency's platform, users grant Agency the sole right of use, transmission and transfer for the agreed purpose. The 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.
• The agency is at liberty to reject the work after it has been uploaded, should it have lurid content. This includes in particular works with violent, religious or pornographic content.
• You are prohibited from entering into any contract with any other agency which distributes digital media on Microsoft Marketplace while maintaining an active partnership with Agency.
• You are not allowed to distribute, disseminate or hand over private copies of your product (confidentiality). Therefore, you will be required to sign a non-disclosure agreement as part of your membership application.
• Our Users 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

• Users receives their sales share of the distributed product in the following month, after Microsoft has issued payment.
• The percentage of the sales shares will be agreed upon individually and on a project-basis. The Agency reserves the right to subsequently adjust the individually agreed proportions per project in order to take appropriate account of any inconsistencies or changes in the project requirements. Such adjustments will be communicated transparently to the user.
• Agency will use your account information stored under settings for payment (e.g. bank account transfer, Paypal, Transferwise).
• Payments are made after manual approval by the user and can take up to 30 days.
• 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.
• The respective team manager is responsible for the pricing of the offered products, the agency reserves the right to change the pricing at any time. Every Users/Partners may choose to participate in any campaign or not.
• The quality of your product (performance) will be exclusively assessed by the assigned Product Manager and Agency; payment will be based on this performance assessment.

TERMINATION/CANCELLATION

• The Agency may terminate this partnership especially under the following circumstances:
  1. If a product release is delayed as a direct result of your inadequate service for any tasks that have been assigned to you.
  2. If you violate any of your duties.
  3. 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.

MISCELLANEOUS

• 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.
• The Agency accepts no responsibility for content or services from third-party providers that may be accessible via the Platform.
• 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 shall 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.
• The agency reserves the right to modify these terms and conditions at any time. Freelancers will be informed of changes through notifications on the platform. Continued use of the platform after notification of changes shall be considered acceptance of the updated terms and conditions.
• 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.