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 Product Manager will support our teams and Users with their product realisation.
- Our User produce digital media content which is then marketed and distributed by Agency.
- Users may form a team for joint digital content production.
- 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
- You may register as a User/Partner after having successfully completed the personal application period, thereby entering into an unlimited partnership, which may be terminated at any time by writing an e-mail to firstname.lastname@example.org; your registration and your partnership will not incur any costs.
- 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 by the user on the agency's platform, the agency acquires the sole right of use, transfer and forwarding 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
- You will receive your 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.
- 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.
- 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.
- 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 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.
- 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.