General Terms and Conditions

of

RareLoot GmbH

1020 Vienna, Ausstellungsstraße 50C, Austria

FN 552734w - Commercial Court Wien

UID Nr.: ATU76692768

Tel.: +43 720 27 2010

Web: www.rareloot.at

Mail: info@rareloot.at

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.
  • Freelancer produces digital media content which is then marketed and distributed by Agency.
  • 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
  • Freelancer may freely register, thereby entering into an unlimited partnership, which may be terminated at any time by writing an e-mail to info@rareloot.at; your registration and your partnership will not incur any costs.
  • It is at the discretion of the freelancer to produce digital media content. The agency has no performance obligations and does not provide any infrastructure. With the exception of the specified share, the agency does not reimburse any expenses in connection with the partnership.
  • By making their content available on the Agency's platform, freelancers 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.
  • 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 fulfillment of the job.
  • The prices are agreed individually for each job. The Agency reserves the right to subsequently adjust the individually agreed proportions per job in order to take appropriate account of any inconsistencies or changes in the job requirements. Such adjustments will be communicated transparently to the freelancer.
  • 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 freelancer 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.
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 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.
  • 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.