G-OLDMAN Terms and Condition

General Terms and Conditions for the Use of the Platform

1. Scope and General Information

(1) These General Terms and Conditions („GTC„) govern the use of the website NFT https://g-oldman.com/  („Platform„). The operator of the Platform is the

Marko Vincze
c/o Grosch Postflex #2400
Emsdettener Str. 10
48268 Greven   

Email: contact@g-oldman.com

                                           

The GTC applies regardless of whether the user of the Platform („User„) is a consumer or an entrepreneur.

(2) The Platform enables Users who are artists or creators (in this role „Creator„) to transfer to Fuel the rights to use and distribute works of art that the Creator has created himself or to which he owns the corresponding rights of use and distribution (“Licensing”). The Creator shall receive remuneration from Fuel for the Licensing. For further details, reference is made to the separate license agreements between Fuel and the Creators.

(3) Furthermore, Fuel transfers and sells cryptographic tokens which are non-exchangeable, non-replicable unique tokens (so-called non-fungible tokens) and which contain works of art to which Fuel has the corresponding rights of use and distribution („NFT„) on the Platform in its own name and for its own account to Users (in this role „Acquirer„).

(4) Customer support can be reached from 09:00 to 17:00 from Monday to Friday at the following contact details: contact@g-oldman.com

(5) Fuel may propose changes to the GTC to the User at any time. Changes to the GTC will be offered to the User in text form (e.g. by email) no later than 14 calendar days prior to the proposed effective date. Changes to the GTC shall become effective with the express consent of the User.

2. Registration on the Platform and Use of the Platform

(1) The use of the Platform requires registration as a User. Registration requires the opening of a user account on the Platform („User Account„) by providing the requested information, agreeing to the GTC and taking note of the privacy policy. Before completing the registration, the User may check and, if necessary, correct the data provided. A User Account can also be opened via MetaMask. Upon successful registration, which is confirmed by Fuel via email, an agreement on the use of the Platform („Usage Agreement„) is concluded between Fuel and the User. A right to conclude a Usage Agreement does not exist.

(2) Users who are natural persons may only register if they are at least 18 years old and have unlimited legal capacity (unbeschränkt geschäftsfähig). Registration is permitted for legal persons and partnerships.

(3) The data requested during registration shall be provided completely and correctly. Furthermore, the User shall state in which role (Creator or Acquirer) the User shall use the User Account. The registration of a legal person or partnership shall only be carried out by an authorized natural person, who shall be named. In the case of registration of natural persons, only individual persons shall be named as the owner of the User Account.

(4) Multiple registrations are not permitted.

(5) If the information provided changes after registration, the User is obliged to update the information in his/her User Account without delay.

(6) The prerequisite for use of the Platform is that the User uses the Platform on his own account. The User shall not act on behalf of another person.

(7) Users shall keep their password secret and carefully secure access to their User Account. Users are obliged to inform Fuel immediately if there are indications that a User Account has been or is being used by third parties.

(8) User Accounts are not transferable.

(9) Fuel may make the use of the Platform or individual functions of the Platform or the extent to which individual functions may be used subject to certain conditions, such as verification of registration data, period of use, payment history or the presentation of certain evidence (e.g. proof of identity).

3. Publication of Content by the Users

(1) The User has the possibility to upload (publish) content (text, photos, graphics, videos, etc.) on the Platform.

(2) The User agrees not to upload any content to the Platform that violates applicable law or morality by its content or its form or design or in any other way. In particular, the User shall comply with applicable law (e.g. criminal law, competition law and youth protection law ) when uploading content and shall not violate any rights of third parties (e.g. name rights, trademark rights, copyrights, image rights and data protection rights).

(3) Fuel is entitled to block or delete individual contents at any time, for example if it is suspected that they violate applicable law or the rights of third parties.

4. Fees for the Use of the Platform

Fees for the use of the Platform do not apply. With regard to the fees incurred for the Licensing and transfer/sale of NFT, reference is made to the respective contractual terms and conditions.

5. Term and Termination

(1) The Usage Agreement is valid for an indefinite period of time.

(2) Users may terminate the user contract at any time. The right to extraordinary termination for cause remains unaffected.

(3) Fuel may terminate the Usage Agreement at any time with a notice period of 30 days to the end of the month. The right to extraordinary termination for cause remains unaffected.

(4) As soon as the Usage Agreement has been terminated by Fuel, the User shall no longer use the services of the Platform, even with other User Accounts, and may not register again on the Platform.

(5) Termination does not affect the validity of purchase agreements and license agreements already concluded on the platform.

6. Technical Availability of the Platform

(1) Fuel provides the Platform to Users on average 95% based on a calendar year. Fuel will notify Users of any downtime affecting Users.

(2) In order to be able to guarantee the quality and further development of the Platform, Fuel is entitled to carry out maintenance work. Maintenance work shall not be taken into account when calculating the availability of the Platform. As far as possible, Fuel will carry out the maintenance work at times with low utilization of the Platform. Maintenance work will be announced to the Users with reasonable advance notice.

(3) The calculation of the availability of the Platform shall also not take into account times during which the Platform is unavailable due to urgent adjustments or updates of the IT infrastructure used for the Platform to remedy security vulnerabilities, acutely unstable software and hardware or in case of imminent danger, such as ongoing attacks. In such cases, Fuel may also perform unscheduled and unannounced maintenance. However, Fuel will endeavor to notify Users without undue delay and inform them of the status of the maintenance work.

(4) When calculating the availability of the Platform, times during which the Platform is down due to technical or other problems beyond Fuel’s control (force majeure, fault of third parties (who are not vicarious agents), causes within the User’s control (e.g. hardware faults), etc.) shall not be taken into account.

(5) Section 7 of the GTC (Liability) shall remain unaffected by the above provisions of this section.

7. Liability

(1) Fuel is liable to the User in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

(2) In other cases, Fuel is liable – unless otherwise provided in paragraph 3 – only in the event of a breach of a contractual obligation, which must be fulfilled in order to enable the proper execution of the Usage Agreement in the first place and on which fulfillment the User may rely (so-called cardinal obligation), and limited to the compensation of the foreseeable and typical damage. In all other cases, Fuel’s liability is excluded subject to the provision in paragraph 3.

(3) The liability for damages arising from injury of life, body and health and damage claims according to the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected by the above limitations and exclusions of liability.

8. Indemnification

The User agrees to indemnify and hold Fuel harmless from and against any and all claims asserted by third parties against Fuel due to improper or unlawful use of the User Account and the Platform, provided that the User is responsible for such improper or unlawful use. In this case, the User shall bear the costs of Fuel’s necessary legal defense, including all court and attorney fees in the statutory amount. In the event of a claim by a third party, the User is obligated to immediately, truthfully and completely provide Fuel with all information necessary for the examination of the claims and a defense.

9. Privacy Policy

Information on data protection is contained in the privacy policy https://g-oldman.com/terms-conditions/

10.  Miscellaneous

(1) The User may download and save the current version of these GTC via the Platform.

(2) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, as long as there are no mandatory statutory provisions to the contrary.

(3) The contractual languages are German and English. The German version of the GTC shall be decisive for the interpretation.

(4) Should individual provisions of these GTC be or become invalid, unenforceable or unenforceable in whole or in part, this shall not affect the validity, enforceability and enforceability of the remaining provisions of these GTC. The invalid, illegal, unenforceable and/or unenforceable provision shall be deemed to be replaced by such valid, legal and enforceable provision which corresponds as far as possible to the spirit and economic purpose of these GTC and the original intention of the parties.

(5) Online Dispute Resolution (ADR) for private individuals of the European Commission can be accessed at the following link: https://ec.europa.eu/consumers/odr/. Fuel is not willing and not obliged to participate in the online dispute resolution procedure of the European Commission or any other dispute resolution procedure.

 

Version 1.0 Status: 16.05.2022